1- PhD Student, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran. 2- Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran. (Corresponding Author) 3- Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran.
Abstract: (644 Views)
Background and Aim:One of the common types of transactions in the stock market is pre-sale trading. In addition to following the general rules of contracts, it has rulings such as the need to receive the full price in the contract, which is one of the important issues and differences between jurists, according to the provisions of this contract, Its special provisions in these markets need to be examined and analyzed, and in this research it seeks to answer the question, whether the non-receipt of price in the traditional market, especially the commodity exchange, is correct? Materials and Methods: It is descriptive study. Ethical Considerations:Allethical considerations have been observed. Findings:One of the provisions of the pre-sale contract; the bill is the total price in the contract assembly, which is disputed among jurists. Some jurists believe in the necessity of receiving the price in the pre-sale transaction and also the effect of the bill that is explained in the ownership of the goods in the pre-sale transaction, especially in the stock market. Conclusion:Considering the importance of trade in Islam and also the prevalence of pre-sale transactions in the commodity exchange market, its compliance with the laws of Islamic jurisprudence and law must be observed and therefore the bill does not play a role in the ownership of the pre-sale transaction.
Ammarloo M, Kheirollahi M A, Fallah A. Jurisprudential and Legal Review of the Price Bill Ruling in the Pre-Sale of the Commodity Market. ILR 2022; 2 (4) :87-97 URL: http://ilrjournal.ir/article-1-178-en.html