The Deferred Sale and Its Role in Alleviating Hardship for the Ummah: A Comparative Jurisprudential Study

Document Type : Original Article

Author

Taif University

Abstract

Praise be to Allah, Lord of the Worlds, and peace and blessings be upon the most honorable of messengers, our Master Muhammad, his family, companions, and those who follow them with excellence until the Day of Judgment. 
This research, titled "The Deferred Sale and Its Role in Alleviating Hardship for the Ummah: A Comparative Jurisprudential Study," is divided into an introduction, a preface, three chapters, a conclusion, and indexes. In the introduction, I discussed the importance of the topic and the reasons for choosing it, followed by a review of previous studies, the research methodology, and the research plan.  In the preface, I explained the concept of sale in both linguistic and terminological senses, the legality of sale in Islamic law, and the price and object of sale in a sales contract.
 
The first chapter clarifies the concept of the deferred sale in both linguistic and terminological senses and the different names it is known by.
The second chapter outlines the forms of deferred sales and their rulings by presenting evidence, discussing them, and mentioning the most preponderant opinion in each form along with the reason for preference. The forms of deferred sales can be summarized as follows:

If the buyer takes possession of the sold item without knowing the price at the time of purchase, this is considered a type of uncertainty (gharar) that is excused due to its common practice among people. However, the buyer must be aware of the nature of the sold item, whether its price fluctuates significantly or not.
If the buyer takes possession of the sold item with knowledge of the price at the time of purchase, this falls under the category of immediate sale (bay' al-mu'ataah), which is considered valid by most jurists.
If the buyer pays the price in advance to take possession of the sold item in installments, this is permissible and is the opinion favored by the majority of jurists.

In the third chapter, I endeavored to highlight the role of validating deferred sales in alleviating hardship for the Ummah. Finally, I concluded the research with a conclusion where I mentioned the most important findings and recommendations, followed by an index of sources.
 
 

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