زرِبیعانہ قدیم اور معاصر فقہاءِ کرام کی نظر میں

Earnest Money in the view of old and contemporary jurists

Authors

  • Ejaz ahmad samdani Professor, Jamia Darul Uloom, Karachi
  • Syed Naeem Badshah Chairperson Department of Islamic Studies The University of Agriculture Peshawar

Keywords:

doubt, Earnest Money, such circumstances, Shariah, Hambli

Abstract

Biaana Earnest Money is a kind of contract in which after execution of sale or Ijara, one party gives a token money to another with the condition that if he takes the delivery of the subject matter, this money will become part of price or rent otherwise, will remain with the counterparty without any consideration.

This is well known kind of contract and vastly being used in our routine business norm. The deep review shoes that it was found in very old History also. Therefore, we found two Ahadith regarding the permissibly/non-permissibility of this contract. But as per the opinion of experts in Asma UL Rijal Bibliography of narrators of Ahadith both Ahadith are Dhaeef not so much authentic. Apart from this, we have a Hadith of Ibn e Umer R.A narrating the permissibility of the transaction.

Among the renowned schools of thought, HAnfi, Malki and Shafi’ schools do not allow this transaction while Hanbli schools see it as permissible. Both sides have their own arguments which have been stated in the paper.

The issue has been discussed with very detail among the contemporary scholars. A few of them has adopted the view point of HAnfi, Malki and Shafi’ and see it not permissible. On the other side, some Shariah scholars are of the view that it should be allowed considering the arguments of Hambli School of and special need of the day.

 

No doubt, the issue is of much importance and now a day, it has been observed that no transaction can be declared as final without the payment of Earnest Money.  In such circumstances, if we adopt view point of Hambli school of thought, there would be an easy Shariah solution for common beings.

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Published

2017-12-25

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Articles