The sale of fidelity in Islamic jurisprudence.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

The sale of fulfillment was not known among the early scholars; it is one of the contracts that emerged and was practiced after the doctrines became established, with its initial emergence occurring in Bukhara and Balkh where the need for it arose. The sale of fulfillment falls under the contemporary issues and is considered an innovative contract. The term 'sale of fulfillment' is composed of the word 'sale' and the word 'fulfillment,' each of which has a meaning in language and a specific meaning in context. As for 'sale' in language, it means taking and giving; you give something and take another in exchange. It is derived from 'baya,' which means the parties to the sale extend their hands to each other for receiving and giving. Sale is the opposite of purchase, and it can also mean purchasing, making them antonyms. It has been mentioned in hadiths regarding good treatment in buying and selling.

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