البيع بسعر السوق في الفقه الإسلامي دراسة تأصيلية مقارنة

Abstract

Purpose: This study aims to eliminate the uncertainty that leads to conflict between parties to a contract in the event of obscurity of the price. Instead, they may resort to using the price of the commodity in the market at the time of contracting. This price none of the contracting parties have knowledge of when contracting. Having knowledge of the price necessitates that its nature, description and type are also known since these are the fundamentals on which mutual agreement is built in contracts. Therefore, this study seeks to analyse the concept of selling at market price, getting rid of the cause of controversy among jurists, its comparison with the law where the study requires, and the importance of applying sale at market price in contemporary financial transactions.

Methodology: The study is based on the inductive methodology. It examines the subjects of its research in Islamic jurisprudence reference books. Then it follows the analytical inference method, in relation to Islamic jurists’ opinions, and their analysis within the context. Finally, the study uses the comparative method, especially when dealing with legal texts.

Findings: The study has reached a number of results. The most important of these is that the opinion that believes that it is permissible to sell at market price, contributes to eliminating many of the problems resulting from similar financial transactions. This such an opinion does by defining the manner by which the price could be determined if it is not mentioned in the sales contract, stabilizing prices in transactions, and saving on expenses.

Originality: This is demonstrated in its linking between the past and the present of the nation, by linking contemporary financial transactions with its ancient Islamic jurisprudence references.