The Succession of the Two Guarantees: A Jurisprudential Study

The succession of the two guarantees means that one item is guaranteed for the first buyer, and then it could be insured against him, in one case, when the buyer disposes of the item - which is guaranteed to him from the seller - before taking possession. Accordingly, this item becomes guaranteed for the second buyer over the first buyer, and this reason is discussed in the Book of Sale when talking about “The issue of disposal before taking possession”. In this regard, it appears in the books of rules as a general and main rule. It is also one of the reasons that justified the prohibition on possession of the property before taking possession of it. In this regard, many Shafi’i jurists gave justifications for it, and they based their reasoning for this on the fact that the succession of the two guarantees leads to the initial buyer becoming a claimant, and a claimant in one thing. Furthermore, it is necessary for the two guarantees to be consecutive, if two properties came together in one property at one moment, and most of the jurists of the schools of thought did not accept this reason. Additionally, a group of them discussed it in strong discussions and debates, such as the prohibition of description, the prohibition of influence, and the reversal of similar issues, such as pre-emption, the lease of the lessee, and others, and with disagreement over its causation except. This reason does not appear to have a strong effect on the disagreement in the branches of jurisprudence. The disagreement is rather that it is valid for reasoning, even if there is agreement on the rule of the branch. This is why many investigators of the Shafi’i school of thought did not take it, which is what this research suggested.

Division of the Study: The research is divided into a preface to defining and introducing the reason and justification of succession of two guarantees; individually and collectively. This in in addition to two main chapters concerned with the reason for the succession of two guarantees, their effect and the result of debates concerning this topic.
The Study has found out that this justification is weak and does not deserve or need to be justified or validated.
Objective of the Study: To investigate the validity of the succession of the two guarantees for reasoning in Sharia rulings.
Methodology of the Study: descriptive, inductive.