Study of Buy and Sell Debt to Debt in Islamic Jurisprudence

Abstract

One of the most common sales in business communications, especially the international ones is debt to debt sale. Despite prevalence of debt to debt in internal and international business communication and lack of certain legal text about its validity or invalidity, there is a question that whether this type of sale should be allowed or based on principles in constitutional, in the case of law silence we should refer to valid legal resources. Although according to jurists , debt to debt sale is completely invalid , there is no valid reason to invalidity of a sale in which the price and values are both in the form of debt , but according to documents of contract permission and origin of transactions validity , such trades could be considered correct and according to some hadith ..., of course in order to compensate the weakness of its document to evident act , dedicated invalidity just to its certain case which should be both sale and cost before contracting a debt .

DOI: 10.5901/mjss.2016.v7n3s3p396