Salaf or salam contract is a type of sale contract in Islamic law commonly referred to by both names in the literature. The term salaf signifies “to precede” or “to come first,” whereas salam conveys analogous meanings, including “delivery” or “receiving” (İbn Manzur, Ebü’l-Fazl Muhammed b. Mükerrem b. Ali el-Ensârî (711/1311), Lisanü’l-Arab; thk. Emin Muhammed Abdülvehhab, Muhammed es-Sadık el-Ubeydi, 2. bs. Dârü’l-ihyai’t-Türasi’l-Arabi, Beyrut, 1997). The term salaf, which is sometimes used interchangeably, possesses broader significance in Islamic legal practice, encompassing not only salam contracts but also other legal transactions, like qarz (loan) contracts. The salam contract is validated by the Qur’an, sunnah, and ijma (consensus). Although Islamic law generally prohibits the sale of nonexistent commodities (madum), the salam contract is an exception. This allows the sale of items that are not currently available but will be supplied at a later date, contingent upon upfront payment. This deviation from the standard banning the sale of unavailable commodities renders the contract legitimate, primarily because of its economic advantages. A key feature of the salam contract is its ability to bypass restrictions on debt sale, which is a fundamental principle of Islamic law. Furthermore, the salam contract mitigates riba (usury), enabling individuals to make long-term investments without interest-bearing loans. Salam contracts require the same components as any sales contract under Islamic law, encompassing mutual offer and acceptance (ijab and qabul), the convenience of the parties, and a precise delineation of the subject matter. Salam contracts are valid today, as demonstrated by current practices, including the Islamic Fiqh Academy’s endorsement of salam for funding small enterprises and agricultural production, along with its utilization by certain financial institutions under the designation of Sukuk Salam.

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Salaf

  • Zeynep Bozoğlan

摘要

Salaf or salam contract is a type of sale contract in Islamic law commonly referred to by both names in the literature. The term salaf signifies “to precede” or “to come first,” whereas salam conveys analogous meanings, including “delivery” or “receiving” (İbn Manzur, Ebü’l-Fazl Muhammed b. Mükerrem b. Ali el-Ensârî (711/1311), Lisanü’l-Arab; thk. Emin Muhammed Abdülvehhab, Muhammed es-Sadık el-Ubeydi, 2. bs. Dârü’l-ihyai’t-Türasi’l-Arabi, Beyrut, 1997). The term salaf, which is sometimes used interchangeably, possesses broader significance in Islamic legal practice, encompassing not only salam contracts but also other legal transactions, like qarz (loan) contracts. The salam contract is validated by the Qur’an, sunnah, and ijma (consensus). Although Islamic law generally prohibits the sale of nonexistent commodities (madum), the salam contract is an exception. This allows the sale of items that are not currently available but will be supplied at a later date, contingent upon upfront payment. This deviation from the standard banning the sale of unavailable commodities renders the contract legitimate, primarily because of its economic advantages. A key feature of the salam contract is its ability to bypass restrictions on debt sale, which is a fundamental principle of Islamic law. Furthermore, the salam contract mitigates riba (usury), enabling individuals to make long-term investments without interest-bearing loans. Salam contracts require the same components as any sales contract under Islamic law, encompassing mutual offer and acceptance (ijab and qabul), the convenience of the parties, and a precise delineation of the subject matter. Salam contracts are valid today, as demonstrated by current practices, including the Islamic Fiqh Academy’s endorsement of salam for funding small enterprises and agricultural production, along with its utilization by certain financial institutions under the designation of Sukuk Salam.