بيع المسلم فيه قبل قبضه و سبل الاستفادة منه في التمويل : دراسة فقهية

الملخص EN

The financial engineering represents a dire economic need for creating new financial products, capable of achieving profits and reducing cost.

Moreover, it also prevents future risk.

In order to achieve such goals, lots of products have been displayed such as prepaid sale of products.

Since this issue was regarded as a controversial issue amongst (fuqhaa) religious scholars (pro and for), hence, the scientific method entails a thorough research in selling the product out before receiving it and the possibility of making use of it in finance.

This research has been divided into: Introduction, two chapters and conclusion.

The introduction reveals the means of the Islamic bank financing method.

Chapter one discusses the fact behind the prepaid sales of products, and the terms that determine its credibility and reliability.

The second chapter discloses the selling out of products beforehand and the means of making use of it in the finance.

The rule of selling out commodities beforehand and the means of making use of it in finance.

The research arrives at the following results and findings: 1.

The prepaid sales products contract is one of the lease contracts that is essentially legalized contradicting the origin to meet people’s needs.Nevertheless, the prepaid sales contract has certain characterizing features distinguishing it from other contracts, because it includes a group of terms and conditions.

For instance, the possibility of non-existence of the product at the time of the contract.

2.

It is possible to make use of the product beforehand, either by signing other contract on the goods that has the same specifications of the first product, and this is labeled as the parallel product, or through issuing untransferable cheques.