Abstract
This research examines Salam Sale, which is a type of sale known under the Islamic jurisprudence, and provided for by the Civil Code of Jordan. The most important feature of this kind of sale is the non-existence of the subject matter of the contract, which is the Goods or the Mahal. For this particular reason, I chose to compare Salam Sale with the Sale of Future Goods under English law. Therefore, the research aimed first to define the concept of both Salam Sale and Future Goods Sale. Besides explaining the purposes of, as well as the merits behind Salam Sale. There are certain requirements that must be met in order to consider a sale as being Salam; these requirements are classified into two categories: the first deals with the type of goods applicable to Salam Sale. Thus, such goods must be appropriated and delivery thereof must take place at the time and in the place stipulated by the Civil Code. The second category; however, deals with the price in the Salam Sale, and requires it to be appropriated and paid in advance. Finally, the research deals with the legal consequences, which emerge out of a contract of Salam Sale. Those mainly concern the transfer of ownership, frustration of the contract and the death of the seller prior to delivery. All these issues are discussed under both the Civil Law of Jordan and the English Sale of Goods Act 1979.
Recommended Citation
Mahasneh, Nisreen
(2006)
"A Sale of Salam Sale of Future Goods: A Comparative Study in the Jordanian Civil Coode and the English law of the Goods Sale,"
UAEU Law Journal: Vol. 2006:
No.
27, Article 5.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2006/iss27/5