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Jurisprudential and Legal Review of the Sale of Goods before Maturity in the Commodity Exchange Market
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Morteza Ammarloo1   , Mohammad Ali Kheirollahi  2, Akbar Fallah3 |
1- Ph.D 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. |
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Abstract: (648 Views) |
Background and Aim: Pre-sale is one of the most common transactions in the market, especially the commodity exchange. According to Islamic jurisprudence, pre-sale has rulings, including the lack of license to sell goods before the maturity, which is one of these important issues and a disagreement among jurists. Considering the acceptance of this contract, as one of the mechanisms of commodity exchange transactions, the question arises whether the sale of goods before the maturity in the traditional market, especially the stock exchange is correct?
Materials and Methods: It is descriptive study.
Ethical Considerations: All ethical considerations have been observed.
Findings: One of the rulings of the pre-sale contract is the sale of goods before the maturity in the secondary market, which is disputed by jurists. Some jurists have invoked the prohibition of non-licensing for reasons such as consensus, narrative, etc. And also its sales license solutions, including, in the form of lawyers, transfers, etc. It was investigated and explained.
Conclusion: It is permissible to sell the goods before the maturity according to Islamic jurisprudence and law, because by concluding the contract, as the seller owns the money and seizes it, in return, the buyer becomes the owner of the goods.
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| Keywords: Pre-sale, Futures Sale, Goods, Commodity Exchange. |
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Full-Text [PDF 787 kb]
(318 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2022/03/16 | Revised: 2022/05/8 | Accepted: 2022/05/24 | Published: 2022/06/22
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