اشتراط قبض المبيع في الفقه الإسلامي

Abstract EN

From the cataclysm of the jurisprudential modern age, which is subject to debate and long argument in many forums, the question of the requirement of jurists to seize the sale, hand in hand, while many of the sales of our time have abandoned this condition, because of the revolution of communications that facilitated all the difficult, sometimes the goods are not exchanged hand in hand, but checks, bonds or exchange of signatures are sometimes received, without die receipt of die item by the sellers.

In this research, the researcher concluded that the majority of fuqaha 'did not require hand by hand catch in sales, except for salesin feeding itemssuch as the weighted, scale and dimension, or delivery inpledge, delay sale, and mortgage and did not specify a specific means of handling.

But it made the delivery as a means in which the people return to the customs and traditions, and some jurists did not see the requirement to catch originally for the legitimacy of the sale, but merely saying the abandonment between the commodity and the seller and the buyer, or transfer, from the place, or possession of the property, or ownership of the disposal of the commodity, even if not caught completely.

Through the review of these statements and jurisprudence, we notice the capacity of the grand Sharia, and the ability to absorb the variables of time and place.