The Rule "Is gaining the early ones considered a gain of the last ones?" and its applications in "selling the deferred by the deferred"

Abstract

The research 's objective : Studying the rule (Is gaining the early ones considered a gain of the last ones?) concerning its meaning, resources, the jurists' views  concerning the validity of its invocation ,and clarifying the prevailing view among these views.  Furthermore, the research aims at clarifying the relationship between the above rule and the rule of "selling the deferred  by the deferred", or debts' selling and their effects on the rule's applications. Also, the research aims at studying the most important applications related to this rule in the field of financial transactions. The research is based on  the inductive, analytical, comparative methodology, and that is done through tracking jurisprudential branches related to the rule in the field of financial transactions. It also studies  the influence of this rule in those applications. The research has resulted in many outcomes most importantly: the validity of invoking  the rule and applying it. The application of this rule will prevent the occurrence of " selling the deferred by the  deferred" which is not allowed in the financial transactions related to it .Also, this rule has diverse applications in a lot of financial transactions such as:  (Al Salam contract) or later selling contract, renting contract, selling debts for getting benefits and selling debts for getting fruits of subsequent occurrence.