PUT ARTICLE TITLE HERE (41)
This research presents a theoretical and applied study of the concept of Qabd (possession) in international sales considering Islamic jurisprudence and contemporary commercial customs.It begins by examining Qabd linguistically and technically and deriving a comprehensive definition that encompasses its actual and constructive forms in modern transactions, while outlining its pillars and conditions, particularly legal capacity and authority (wilayah/) in the act of giving and receiving possessions and clarifying their impact on the validity of Qabd and the transfer of risk.The study then explores actual and constructive Qabd as established in classical Fiqh, its connection to liability and permissibility of disposal, and the central role of custom in determining methods of possession, including documentary possession and bank entries, as recognized by Fiqh councils and AAOIFI standards.It further examines the institutional context of international contracts and extends the analysis to legal entities, explaining how wilayah is established through statutory and functional authorization.On the applied side, the research provides a Fiqh based analysis of Incoterms 2020 delivery terms, demonstrating how each term determines the time and place of Qabd and risk transfer, and classifying them according to the strength of possession achieved.It also analyzes documentary possession and the role of bills of lading, letters of credit, and bank transfers in achieving constructive possession of both goods and price.The research concludes that harmonizing Islamic rules of Qabd with international trade requirements is feasible when the point of possession is precisely defined and regulated in accordance with Sharah especially for Ribawi () goods and food commodities and when authority and delegation within institutions are properly controlled.Practical recommendations are offered for Shariah advisers, commercial entities, and financial institutions to enhance the efficiency of international contracts and ensure their compliance with Islamic law.
Publication Details
- Journal
- Humanitarian and Natural Sciences Journal
- Published
- 2025-12-31
- DOI
- https://doi.org/10.53796/hnsj71/41
- Primary Topic
- Diverse Scientific and Economic Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00