Wleed Mahmuod Bukhari
Associate Professor of Islamic Jurisprudence, Department of Islamic Studies, Faculty of Arts and Humanities, Yanbu, Taibah University, Saudi Arabia.
Issue: 100 | Pages: 111-129| March 2025 | https://doi.org/10.54940/si36298245 PDF
Received:28/12/2023| Revised:18/03/2024 | Accepted:27/03/2024
Corresponding Author:wbukhari@taibahu.edu.sa
Abstract
Research topic: Transfer of security in the sale of movable property and its applications in contemporary international maritime sales. Its goal: to explain the reasons for the transfer of security in the sale of movable property, and to explain its applications in international maritime sales. His method: the inductive-deductive method. Most notable results: The security of the transferred item is transferred to the buyer upon his taking possession of it, and the security of whatever has a right of redemption is not transferred except by his appreciation, and anything else by the buyer being able to take possession. It is valid to transfer the security of the movable item before arrest from the person who owes it under the condition, or to waive it from him by release. A corrupt sale is not considered a reason for transferring the contract guarantee. International maritime sales are consistent with what the researcher believes: the transfer of the security of the transferred item to the buyer upon his ability to take possession, the validity of the buyer’s requirement that the seller transfer the item sold, and that the item sold remains under the seller’s guarantee for the period of its transfer until the buyer is able to take possession of it.
Keywords
jurisprudence, sale, movable property, guarantee, maritime sales.
How to Cite
Bukhari, W. (2025), Transfer of security in the sale of movable property and its applications in contemporary international maritime sales, Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, Issue 100. pp.111-129. https://doi.org/10.54940/si43352945
License
1658-8738/© 2025 by the Authors. Published by J. Umm Al-Qura Univ. Shariah. Sci. Islamic Stud. This is an open-access article distributed under the terms and conditions of the https://creativecommons.org/licenses/by-nc/4.0/