Juristic Opinions on Sale Before Possession: A Fiqh-Based and Applied Study

Abstract

This study examines the jurisprudential dimensions of Bay ‘qabl al-qabd (sale prior to possession), a significant and recurrent issue within Islamic commercial law that has acquired renewed complexity in the context of contemporary financial practices. Islamic law mandates that all financial transactions be governed by the principles of justice, transparency, and the protection of contractual rights; however, the application of these principles to evolving market structures such as online trading platforms, digital marketplaces, and electronic commodity exchanges has generated substantial juristic discourse. Classical Muslim jurists exhibited divergent positions on the permissibility of sale prior to possession. While a number of scholars categorically prohibited such transactions, others allowed them under specific conditions or with respect to certain categories of goods. It further explores the underlying causes of juristic disagreement, including methodological differences in textual interpretation, the determination of effective legal causes (‘illah), and the role of customary practice (‘urf). In addition, the study evaluates the contemporary applicability of this doctrine in areas such as online trading, Islamic banking, and digital financial systems. The objective is not merely to present competing juristic perspectives, but to synthesize them in order to arrive at a balanced and contextually relevant conclusion that aligns with the higher objectives of Islamic law (Maqāṣid al-Sharī‘ah) and addresses the exigencies of the modern economic environment.

Keywords: Bay ‘qabl al-qabd; Islamic jurisprudence; qabd (possession); comparative fiqh; online trading; Islamic banking