بیع قبل القبض نصوص و فقہی آراء کی روشنی میں جائزہ

Sale Before Possession in the Light of Textual Sources and Juristic Opinions، An Analytical Study

Abstract

Economy is indispensable for human life; therefore, mankind has always strived for economic reform and development. Like other means of earning wealth, trade has consistently attracted human attention. However, in the pursuit of commercial advancement, a Muslim trader is not entirely free; rather, he is bound to conduct his transactions in accordance with the rules and regulations of Shariah. Implementing Shariah principles in trade sometimes encounters administrative challenges. This is because, in modern commerce, Muslims do not only trade with fellow Muslims but also with non-Muslims. Moreover, the scope of Muslim traders’ business is no longer confined to a village, neighborhood, city, or country; it has now expanded across international borders. As a result, Muslim traders face numerous issues from a Shariah perspective.

One of the significant issues is the sale before possession (Bay‘ Qabl al-Qabd). In prevailing international and online trade, a merchant often finds it difficult to bear the additional costs and extended time required to bring a product into his possession. Consequently, selling a product to the customer without taking physical possession has become a practical necessity in competitive markets. The present study examines this issue in the light of textual sources and juristic traditions, with applications to certain contemporary scenarios.