A paper presented at the Sixth Session of the International Islamic Fiqh Academy
Majallat Majmaʿ al-Fiqh al-Islāmī, Vol. 1, pp. 467-491.
In the Name of Allah, the Most Gracious, the Most Merciful
All praise is for Allah, the Lord of the Worlds; and prayers and peace be upon our Master, Prophet Muḥammad, the seal of prophets and messengers; and prayers and peace be also upon all the other prophets and messengers.
This research is about selling what a person has purchased before taking possession of it. I am presenting it to the Islamic Fiqh Academy at its sixth session in fulfillment of its request for a paper on:
‘Qabḍ: Its forms, especially novel ones, and their Sharīʿah rulings’
I decided to limit my research to only one of this topic’s many issues, it being – in my opinion ‒ the form of taking possession whose Sharīʿah ruling needs to be explained because it occurs frequently in commercial transactions nowadays.
My writing on this topic will be divided into three subjects:
The first subject: The Sharīʿah texts related to this topic and what can be learned from them
The second subject: Scholars’ opinions on the Sharīʿah ruling for reselling a purchased item before taking possession of it
The third subject: Some currently practiced forms of taking possession and their Sharīʿah rulings
