Business contract according to which the buyer shall return the commodity when the seller returns the price. An analytical and Research study in the light of Islamic Jurisprudence and Afghan civil Law
Journal Title: Malakand University Research Journal of Islamic Studies - Year 2019, Vol 1, Issue 1
Abstract
Business contract according to which the buyer shall return the commodity when the seller returns the price was not popular in past with current shape. It appeared with different names in modern age like some other commercial contracts. So a group of Modern Scholars permitted it with some conditions for what they saw of the people’s need for it and their involving in it from past Islamic era. Despite saying that it is permissible, they differed regarding the explanation or jurisprudential application of it. According to a group of scholars, it is not permissible in Islamic law. However, our view in the permission and prohibition of this contract is the different regarding the pure loan contract and the fulfillment sale. If the intention of the two parties is to loan, the conditions of the lawfulness of the loan must be taken care of. Otherwise, it is not allowed in Islamic Fiqh. If the buyer needs some benefits from something for example housing but he is not able to buy or rent it due to economical insufficiency and he buys it from some brokers through this way, we do not see anything unlawful in it.
Authors and Affiliations
Prof. Dr. Muhammad Niaz Ayazi
Keywords
Related Articles
- EP ID EP690448
- DOI -
- Views 201
- Downloads 0
The memory of place and time in Virtuous poetry
This article presents the memory of various places and time in the virtuous poetry collection. Before the arrival of Islam, Erotic poetry is the main subject of poetry in Pre-Islamic Era. Usually, poet stands at the ruin...
THE ANALYSIS OF THE SPIRITUAL ORDER (salasul-i-tariqat) OF HINDUISM AND ISLAM
This article Provides description about the different spiritual orders (salasul-i-tariqat) of the Hinduism and Islam. There are many different spiritual order of Hinduism and islam which are known by their founder name o...
Law of Marriage A Comparative Analysis of Arthashastra and Islamic Jurisprudence
Family is first and the basic unit of the society .Family lays the foundation of the any nation and shapes the destiny of the upcoming generations. It provides a safer place for young, so they can be brought up, educated...
Business contract according to which the buyer shall return the commodity when the seller returns the price. An analytical and Research study in the light of Islamic Jurisprudence and Afghan civil Law
Business contract according to which the buyer shall return the commodity when the seller returns the price was not popular in past with current shape. It appeared with different names in modern age like some other comme...
Teaching Methodology of the Prophet (S.A.W) An Analytical study
No doubt in it that, Messenger Muhammad (S.A.W) was sent as a teacher. He is the best teacher ever come on the face of earth in the history of mankind. It is the Messenger’s (S.A.W) pedagogy that singles him out amongst...