Abstract:

The Qabz (possession) of the subject of the sale contract occupies an important place in the contracts of hiba, ariat, wadiah, qarz, rahn, sarf and interest-involved goods exchanges in Islamic Law. It is required for the mutual validity of the procedures that in the place of contract, for the interest-involved goods exchange the amounts must be possessed in actuality or, by default with discharge and possession in actuality for the sarf contracts in actuality to avoid any credit interests. It is obligatory that in salam contracts the price is paid to the seller and in mudharaba, muzara’a and musaqah participations, the capital is to be transferred to the party that will manage it. Qabz or delivery is consired as a tying clause by the majority of Islamic scholars for hiba and rahn contracts. Disposals where qabz affects the transitions of the ownership are accepted as hiba and qarz and as ariat by Hanafis and Malikis. Malikis generally find unilateral will sufficient as the tying clause. Besides, Hanafis have the opinion that qabz brings ownership in fasid contracts under certain circumstances. In this article, the above mentioned disposals are introduced and views on the effects of qabz to those are studied

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