Islam Jurists' Opinions in what so-called "Assalam Alhall" (Comparative Jurisprudential study)
Publication Type
Original research
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This research aims to answer many questions: what is meant by "Assalam Alhall"? What are the Islam jurists’ views and arguments in the matter? What is the right opinion in it from our view? What is the reasoning to prevent such contract? And what is the minimum period required for that?  The research followed inductive and analytic approach. represented in gathering Islam jurists’ views in the matter and their foundations with analysis, discussion and criticism. The search was divided into seven sections: dealing with the definition of "Assalam Alhall" -It is a contract on a described sale in debt with current delivery- the Islam jurists’ views and arguments in the matter, with analysis, discussion and criticism. And the minimum period required for that. The research arrived at different findings the most important are: The right opinion in that -from our view- is the opinion of the most of Jurists to prevent "assalam alhall". And the minimum period required for that is the adequate period for prices variation in the market. For: the prophet forbidden of sale things you do not –at the moment of contracting- have, The possibility of not being able to deliver it. And the reasoning of prevntig 'assalam alhall' is a deep understanding of Islam's view and philosophy of legitimate return in financial transactions, that it must result from a real business subject to the risks of market prices changes. With the exception of a case from prevention; the purchase of a described commodity in debt from a seller already trading that category, or already has it. Because of the absence of prevention reasons mentioned above, and to meet the needs of people.

Journal
Title
مجلة البحوث الفقهية المعاصرة
Publisher
الشركة الوطنية الموحدة
Publisher Country
Saudi Arabia
Publication Type
Prtinted only
Volume
30
Year
2019
Pages
327-400