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Procrastinating Debtor

A debtor (madeen) who is solvent but refuses to pay a debt (dain/dayn) at or after its due date (i.e.,…

Physical Possession

In shari’a, possession of an asset/countervalue/amount takes place physically if it is delivered or received by hand. For example, an…

Penalty Clause in Istisna’a

It is permissible by shari'a to include in an istisna'a contract a stipulation of a fair penalty clause in the...

Presumption of Continuity

Or istishab in Arabic; it is a doctrine of Islamic law (shari’a), and a secondary source of shari’a, which refers…

Asset

A present economic resource (mawrid) that an entity controls as a result of a transaction occurred in the past, or...

Asl

Arabic (أصل) for a number of terms with different meanings or connotations in different contexts. For one, it may denote...

Bai’ Mu’ajjal

An Arabic term (بيع مؤجل) that translates as sale on credit or credit sale. By definition, it is an Islamic...

Ba’i al-Wafa

A sale (ba'i) in which the seller has the right, as stipulated in the contract, to repurchase the underlying property...

Binding Agency

An agency contract (aqd al-wakalah) that is binding on either party or both (wakalah mulzimah). While agency is essentially not...

Ba’i al-Hateetah

A contract of sale (ba'i) in which the seller reveals (or is under obligation to reveal) to the buyer his...