الرافدین للحقوق (Jun 2011)

The subject of the contract with regard to the seller's delivery of the price to the buyer before receiving the goods

  • Duha Muhammad Saeed Al-Nu'man,
  • Fathi Ali Fathi Al-Abdali

DOI
https://doi.org/10.33899/alaw.2011.160633
Journal volume & issue
Vol. 016, no. 48
pp. 224 – 298

Abstract

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The Arabs knew before Islam the "السلم" which is the purchase of the thing that has not yet been found at an urgent price in the sense that it is a sale in the future. In the legislation of Allah to facilitate for the people in their transactions and if Allah Almighty has forbidden usury and monopoly and fraud and eat people's money unjustly, and forbidden contracts in which ignorance or gambling, and forbade it to be a general rite, but it is a mercy from God, and to facilitate for the people, and lifting the embarrassment for them may come out of the general prohibition of behaviour and it is allowed despite the existence of the wisdom of prohibition. When the Holy Prophet (peace and blessings of Allaah be upon him) forbade the sale of bad and what is resulting in risk, he peace be upon him excluded (the seller's delivery of the price to the buyer before receiving the goods). The (the seller's delivery of the price to the buyer before receiving the goods) which the Arabs were dealing with, especially the people of Yathrib, were excluded. If (the seller's delivery of the price to the buyer before receiving the goods) has that importance as a door of deliberation in the ages that preceded it. In spite of this importance we note that the Iraqi legislation came free from the regulation of the provisions of (the seller's delivery of the price to the buyer before receiving the goods), unlike some Arab civil legislation comparative, including (Jordanian, Yemeni, Lebanese and Sudanese) The United Arab Emirates and the United Arab Emirates), which have made (the seller's delivery of the price to the buyer before receiving the goods) a matter of great importance as a type of sale or a particular type of sale. This legislation seeks to find a way to raise the embarrassment of people To take advantage of this contract and take a ploy to obtain financing interest interest

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