Salaf transactions in the capital market and Its limitations from the point of view of jurisprudence and law

One of the basic issues in the field of the Salaf contract is to examine the possibility of using it as one of the trading tools in the capital market and stock market. This has always been a subject of question and debate due to the need and necessity of forward transactions in the capital markets, and in this article an attempt has been made to examine it.

In This present paper the library method is used.

Ethical considerations:

 In this paper, the originality of the texts, honesty and trustworthiness have been observed.

The most important drawback of derivative Salaf contract in financial markets is these transactions being aleatory or speculation. Uncertainty of the object of transaction and ignorance of its characteristics from a jurisprudential and legal point of view and also the high risk of the transaction question the legitimacy of the transactions and contracts. Because according to Iranian jurisprudence and law, it is necessary for the object of transaction to be transparent and clear, or at least for the general situation to be clear and specific.

It is possible to use derivative contracts in financial markets from a jurisprudential and legal point of view because risk and uncertainty cannot be separated from financial markets and economy. Derivatives contracts were created to control and reduce risk in financial markets and to bring transaction risk to a reasonably level that is accepted by custom. In this case, the mentioned transactions are not aleatory and are unrestricted from a jurisprudential and legal point of view.