تجارتی معاملات میں قبضہ کی شرعی حیثیت

Abstract

An important issue is to sell a thing before having Possession of that. Islamic jurists have difference of opinion in this regard. Ata bin Ali Rabah and Usman Al-Bati legitimate the sale without having Possession of the thing. Hazrat Usman bin Affan was of the opinion that the things weighed or measured can't be sold before Possession. Imam Shafi, Imam Muhammad and some other did not legitimate the sale at all without having Possession of the thing to be sold. According to Malikis all the things can be sold before Possession except edible things. Imam Ahmad's opinion is generally in the favour of Imam Malik. Imam Abu Hanifa and Imam Abu Yousuf legitimate the sale of moveable commodities before Possession while immovable things can't be sold. Dr Wahbah Zuhaili Preferred the opinion of Imam Shafi in this regard. Dr Ali Mohiyuddin has adopted the opinion of Imam Malik. It can be concluded that there broadness in Maliki's opinion, Shafi's opinion is caring and Hanafi's have presented the opinion which reflects both the care and broadness.