چکیده:
Futures contracts have been widely welcomed by investors in the field of gold coin trading in recent years. This is because the seller commits to selling a certain amount of coins to the buyer at a price determined at the time of contract conclusion at a specific time, and the buyer commits according to the contract to purchase the said coins with the same specifications. However, in this type of contract, 'qabd al-thaman fi al-majlis' (taking possession of the price in the session) is not possible due to the determination of a future time, and also 'selling the subject matter before maturity' is possible through the customer taking a short position. Additionally, in this type of contract, there is an equal 'possibility of profit and loss,' which is similar to a 'gambling contract.' The question raised is: is this type of contract void from a jurisprudential and legal perspective? The result obtained from this writing indicates that the futures contract, under the title 'Contrat aleatoire' in French civil law, is valid, and upon reviewing the words of Imami jurists, it is 'consistent with Sharia and Islamic norms,' and the issues of 'the necessity of qabd al-thaman fi al-majlis' and 'the prohibition of selling the subject matter before maturity' are based on ijtihad and the expediency considered by famous jurists. Furthermore, 'gambling' in jurisprudential terminology is 'playing with gambling tools accompanied by betting.' However, the 'concept of gambling' does not apply to gold coin futures contracts, and the 'futures contract system' bears no resemblance to 'gambling tools.'
خلاصه ماشینی:
The result obtained from this writing indicates that the futures contract, under the title "Contrat aleatoire," is valid in French civil law and, upon examination of the words of Imami jurists, is "in accordance with Sharia and Islamic standards," and the issues of "the necessity of قبض ثمن فی المجلس" and "the prohibition of selling the sold item before maturity" are based on the ijtihad and expediency of famous jurists.
In this article, in order to answer the aforementioned questions, we evaluate the issue by considering the theories of expert jurists from the beginning of the formation of jurisprudence and the opinions of prominent Iranian legal scholars in three sections: "Bay' al-Kali bi al-Kali", "gambling contracts", and "futures contracts in French civil law".
295) In jurisprudential terminology, "Bay' al-Salaf" means "the sale of a generic deferred commodity in exchange for a current price, which is placed at the disposal of the seller in the contract session with a specific formula (according to the majority view of jurists)".
402) The conditions of "Bay' al-Salaf" in Imami jurisprudence are as follows: "mentioning the type and description of the sold object", "determining the quantity of the commodity", "precisely determining the time of delivery of the sold object", "the commodity being findable at the specified maturity date", "the necessity of taking possession of the price before the parties separate", and "the prohibition of selling the Salaf object before its maturity".
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