تجارت میں باعثِ نزاع اُمور سے اِجتناب: بَیْع مَا لَم یُقْبَض کا اِختصاصی مطالعہ

AVOIDING DISPUTES IN TRADE: SPECIAL STUDY OF PRE-POSSESSION PURCHASE AND SALE

Abstract

Neglecting commercial rules and regulations in business transactions leads to Financial disputes between parties, and one party may also have to bear losses. Shariah has specially urged the businessmen to avoid these conflict situations. Prophet Muhammad (peace be upon him) forbade buying and selling goods without physical or constructive possession. Similarly, it is prohibited to sell the goods at the same place before moving them to another place. According to some jurists, buying and selling before possession is absolutely prohibited, while other jurists are convinced of exceptions in view of the objective circumstances. As in other contemporary affairs, trade mechanisms have also undergone remarkable changes. Today there has been a fundamental change in the modes of possession, payment of price and transfer of goods. Scholars have mentioned some legitimate cases of sale before possession in international trade in view of contemporary requirements. Moving a large consignment of goods first from one place to another and then selling it onward is costly and time-consuming. If the exporter separates the goods and loads them on the ship, and sends the documents like bill of lading etc, then when the importer gets these documents he can sell the goods to a third party. It is a legitimate form of commerce nowadays.