Milad Rezaei - MA. private law, Department Law, NorthTehran Branch, Islamic Azad University, Tehran, Iran
Fatemeh Baastani - PhD. Theology, Department Theology , NorthTehran Branch, Islamic Azad University, Tehran, Iran

It is for a long time now that speed and credibility are two essential factors in business. there are not many transactions that occur in cash, especially in international trade rather they have taken the form of simple signing of documents by the parties and the exchange of the sale object and price in a later period. Such a type of sale contract is termed executory in jurisprudence. it is well-known that the jurisprudents have reached a consensus indicating the invalidity (of the executory sales) due to their prohibition of the sale (instantaneous exchange of obligation for obligation). However, the sure thing here is the invalidity of the obligation being made before signing the contract, not the obligation that is set as a product of the contract. Due to the based on the generalities of the jurisprudential verdicts, the executory sales are to be considered valid, as well.

sale, executory sale, obligation sale, transaction in Islam, sale in Islamic jurisprudence