????? "??? ?????? " ??????? ????????????????? ?????????? ?????? ???????? ??????

The Issue of “Sale with Condition” A Research-based Analytical Study in the Context of the Views of Jurists and Contemporary Economics

Abstract

It is a basic role of religion to protect the people’s wealth and property. So, certain rules and disciplines are fixed which secure the public property. A person alone cannot fulfill his requirements. Therefore, Shari’ah adopts the way of sale. In which with their compromise one can use the good or property of the other and can get it in his custody. The matter of sale should be unconditional, but various narrations of Hazrat Muhammad (PBUH) mention buying and selling with a condition. There are different opinions of jurists (Fuqaha) due to different Narrations. They have divided the conditions into several types and briefly explained each of them. The most important of these are those which are customary in society but against the requirements of the contract. This study seeks to answer the question as to which jurist's opinion on the issue is based on convenience and how to adopt it. Therefore, after a thorough investigation of the issue, the views of the jurists have been analyzed in the contemporary situation so that an effective solution can be reached. The purpose of this study is to select a better solution keeping in view the contemporary economy. It is also helpful in the formation of Contemporary Jurisprudence. The research concludes that such a condition should be allowed in view of the modern economy. However, the consent of the parties is required for this. Not only does the Shariah encourage it, but it also facilitates the people, especially the traders.