A study on Jurisprudential and legal challenges of Parallel post delivery deal on the Iranian Stock Exchange

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Document Type : Original Article

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Law Department ; Faculty of social Sciences - Imam khomeini international university, Qazvin, Iran

Abstract

Parallel post delivery deal is an evolved form of SALAM as one of the types of sale in Imami jurisprudence and Iranian law. In the beginning, the mentioned contracts would be made as a special type of agreements in which transfer of that was not possible until it was due. The necessity for liquidity of these instruments created the secondary market for the mentioned contracts. But including the problems with the markets mentioned in Islamic countries, the legitimacy of secondary market of post delivery deal was in dispute due to the ban on selling things to be sold before they were due in post delivery deal and Therefore, the main and central question is whether there is a solution to the mentioned doubt in the secondary markets or not?
This article, which is written in a descriptive-analytical way and using library resources, seeks to answer the above question.in order to resolve suspicions in respect of SALAM secondary market, has used Parallel post delivery deal and remittance as a solution. However, it must be said to solve this challenge, firstly, we can pay attention to the non-public opinion of the jurists and secondly that Parallel post delivery deals are invented by securities and exchange organization which are in form of securities (being of financial value) when they are bought and sold before they are due

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