الاحكام الفقهية المتعلقة بالذهب - باب البيع

Abstract

Résumé: Selling gold and silver is legitimate according to the Holly Quran, the Norm, and the nation’s unanimity. It is subjected to selling contract’s stipulations; nevertheless, if gold and silver are sold at the sort’s price, receiving payment on the spot and resemblance of the two exchanges are stipulated whenever the sort is identical. If the sort differs, receiving payment on the spot is stipulated without resemblance, and with no concern to the quality level or manufacturing in such stipulations. Therefore, the good or bad, glitter or damaged, whole or fractured, manufactured or not are all the same in resemblance stipulations, prohibition of preference, and receiving payment on the spot whenever the sort is identical – receiving payment is stipulated with allowing preference when the sort is deferent. A number of scholars such as ALNawawi, Ibn AL-Arabi, AL-Zarqhani, and AL-qhadhi Ayadh have reported a unanimous agreement to this. On the other hand, Sheikh ALIslam Ibn Tymeyah and his student Ibn AL-Qhayyem disagreed and permitted the preference for manufacturing and women as long as the jewelry is not meant as payment. The script and the unanimity confirm them. Nowadays, forms of selling and buying gold and silver are numerous. Some are old others are modern. The old forms include selling gold and silver in deferment, with the option of condition, or selling the jewelry with its sort of none jewelry in a preference…The modern forms include selling gold and silver using checks, using credit cards, or dealing with gold in money-market… The general ruling of these forms of selling is that they are permissible if the stipulations of selling gold and silver are met and prohibited if they stray from these stipulations.