The Salam transaction is subject to the strict conditions as
follows:
1. It is necessary for the validity of Salam that the buyer
pays the price in full to the seller at the time of affecting the sale. In the
absence of full payment, it will be the same as to sale of a debt against a
debt, which is expressly prohibited by the Holy Prophet (PBUH). Furthermore the
basic basis for allowing Salam is to facilitate the "instant need" of
the seller. If it is not paid in full, the basic purpose will not be achieved.
2. Only those goods can be sold through a Salam contract in
which the quantity and quality can be exactly specified e.g. precious/valuable
stones cannot be sold on the basis of Salam because each stone differ in
quality, size, weight and their exact specification is not possible.
3. Salam cannot be
affected on a particular commodity or on a product of a particular field or
farm e.g. Supply of wheat of a particular field or the fruit of a particular
tree since there is a possibility that the crop is destroyed before delivery
and given such possibility, the delivery remains unsure.
4. All details in respect to quality of goods sold must be clearly
specified leaving no ambiguity, which may lead to a dispute.
5. It is necessary
that the quantity of the goods is agreed upon in absolute terms. It should be
measured or weighed in its usual measure only, meaning what is normally weighed
cannot be quantified and vice versa.
6. The exact place and date of delivery must be specified in
the contract.
7. Salam cannot be affected in respect of things or goods,
which must be delivered at spot.
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