6
views
0
recommends
+1 Recommend
1 collections
    0
    shares

      Celebrating 40 years of continuous publishing. The Journal of College of Sharia and Islamic Studies at Qatar University  is  a peer-reviewed, bilingual, open access  forum for quality research in multidisciplinary classical and contemporary Islamic studies in both Arabic and English. To submit to the journal, please click here

      • Record: found
      • Abstract: found
      • Article: found
      Is Open Access

      Selling at Market Price in Islamic Jurisprudence: A Fundamental and Comparative Study

      مجلة كلية الشريعة و الدراسات الإسلامية
      Qatar University

      Read this article at

      ScienceOpenPublisher
          There is no author summary for this article yet. Authors can add summaries to their articles on ScienceOpen to make them more accessible to a non-specialist audience.

          Abstract

          Purpose: This study aims to eliminate the uncertainty that leads to conflict between parties to a contract in the event of obscurity of the price. Instead, they may resort to using the price of the commodity in the market at the time of contracting. This price none of the contracting parties have knowledge of when contracting. Having knowledge of the price necessitates that its nature, description and type are also known since these are the fundamentals on which mutual agreement is built in contracts. Therefore, this study seeks to analyse the concept of selling at market price, getting rid of the cause of controversy among jurists, its comparison with the law where the study requires, and the importance of applying sale at market price in contemporary financial transactions. Methodology: The study is based on the inductive methodology. It examines the subjects of its research in Islamic jurisprudence reference books. Then it follows the analytical inference method, in relation to Islamic jurists’ opinions, and their analysis within the context. Finally, the study uses the comparative method, especially when dealing with legal texts. Findings: The study has reached a number of results. The most important of these is that the opinion that believes that it is permissible to sell at market price, contributes to eliminating many of the problems resulting from similar financial transactions. This such an opinion does by defining the manner by which the price could be determined if it is not mentioned in the sales contract, stabilizing prices in transactions, and saving on expenses. Originality: This is demonstrated in its linking between the past and the present of the nation, by linking contemporary financial transactions with its ancient Islamic jurisprudence references.

          Related collections

          Author and article information

          Journal
          مجلة كلية الشريعة و الدراسات الإسلامية
          JCSIS
          Qatar University
          23055545
          25231715
          2020
          2020
          January 2020
          January 2020
          : 37
          : 2
          : 65-86
          Article
          10.29117/jcsis.2020.0242
          ed5003ea-c33f-480a-bed8-8415407d9e20
          © 2020

          https://creativecommons.org/licenses/by/4.0/

          https://creativecommons.org/licenses/by/4.0/

          History

          Comments

          Comment on this article

          scite_

          Similar content4,470