مالی معاملات میں قبضہ کی جدید صورتیں اور ان کے شرعی احکام

Abstract

The concept of “possession” is regarded as a fundamental principle in Islamic Law of Contract and it is discussed by jurists and Islamic scholars in their writings of fiqh in a very detailed manner. However, the way trade and business are operating in today’s modern world is very different from what was happening in the past. The globalization and industrialization has transformed the modes of trade & business and innovative forms are introduced which could not be imagined previously. This modernism and innovation has led to contemporary scholars to research and discuss these modern forms from Shariah viewpoint as they are not found explicity in old fiqh literature. The objective of this article is to discuss the concept of possessin and its modern forms taking into consideration the originat resources and the scattered literature of contemporary jurists. In this regard, the paper has shed light on basic concepts of possession and its forms as well as the modern applications which are prevalent in the financial industry. It is found that the definition of “possession” is not defined in strict parameters by scholars but rather it has left to the “urf” and customary practices of people. Likewise, the paper concludes that the physical possession in not necessary but contructive possession is also considered legal and sufficient in Islamic law of Contract. Therefore, the modern forms of possession such bank draft, personal check, transfer in the account of creditor, payment with credit-card and bill of lading are also acceptable as they are considered as constructive possession.

Keywords

• possession
• shariah
• islamic
• finance