Business contract according to which the buyer shall return the commodity when the seller returns the price. An analytical and Research study in the light of Islamic Jurisprudence and Afghan civil Law

Abstract

Business contract according to which the buyer shall return the commodity when the seller returns the price was not popular in past with current shape. It appeared with different names in modern age like some other commercial contracts. So a group of Modern Scholars permitted it with some conditions for what they saw of the people’s need for it and their involving in it from past Islamic era. Despite saying that it is permissible, they differed regarding the explanation or jurisprudential application of it. According to a group of scholars, it is not permissible in Islamic law. However, our view in the permission and prohibition of this contract is the different regarding the pure loan contract and the fulfillment sale. If the intention of the two parties is to loan, the conditions of the lawfulness of the loan must be taken care of. Otherwise, it is not allowed in Islamic Fiqh. If the buyer needs some benefits from something for example housing but he is not able to buy or rent it due to economical insufficiency and he buys it from some brokers through this way, we do not see anything unlawful in it