9
Salam
as a Mode of Islamic Finance
Salam
is a contract involving the purchase of a commodity for deferred delivery in exchange
for immediate payment according to specified conditions, or the sale of a commodity for
deferred delivery in exchange for immediate payment.
Parallel
Salam
A Parallel
Salam
is a
Salam
contract whereby the seller depends, for executing his obliga-
tion, on receiving what is due to him, in his capacity as the buyer, from a sale in a previous
Salam
contract without making the execution of the second
Salam
contract dependent on
the execution of the first one.
Source
: Accounting and Auditing Organisation for Islamic Financial Institutions (AAOIFI)
9.1 DEFINITION OF
SALAM
Salam
is a sale whereby the seller undertakes to supply some specific goods to the buyer at
a future date, in exchange for an advanced price fully paid at spot. Here the price received is
in the form of cash, but the delivery of the purchased goods is deferred. In Arabic the buyer
is called
muslam
, the seller
muslam ileihi
, the cash price paid
Ras ul Mall
and the purchased
commodity is termed
muslam fihi
.
Salam
was allowed by the Prophet subject to certain conditions. The basic purpose of a
Salam
sale was to meet the needs of small farmers who needed finance to grow their crops
(particularly dates) and to feed their families up to the time of harvest. After the prohibition
of
riba
(interest), they could not take usurious loans. Therefore they were allowed to sell their
agricultural products in advance of the harvest.
Similarly, the traders of Arabia used to export certain goods to other places and import some
other goods to their homeland. They needed finance to undertake this type of business and yet
could not borrow from the money lenders after the prohibition of
riba
. It was therefore made
permissible that they could sell their goods in advance. After receiving their cash price, they
could then more easily undertake their everyday business.
Not every commodity is suitable for a
Salam
contract. It is usually applied only to fungible
commodities (i.e. a commodity that is freely interchangeable with another in satisfying an
obligation). Some basic rules governing the
Salam
sale are given below:
•
The price should be paid in full at the time of the contract.
•
Goods whose quality or quantity cannot be determined by exact specification cannot be sold
through the contract of
Salam
, for example, precious stones.
•
Goods can be sold only by specifying the attributes the goods possess. The goods cannot be
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