Mohammed Arbounac) The arbun sale entitles the buyer to gain a binding offer from the
seller while the buyer is at discretion to accept or reject the offer
within the period of offer in consideration for the arbun. This is
similar to the call option where the option holder is entitled to
buy shares or refrain from doing so against losing the paid
premium.
However, the above similarities are not strong enough to make arbun sale
a basis for financial options. This is because there are very important
differences between arbun sale and financial options, including the following:
a) The amount that is described as arbun form part and parcel of
the price of the sold item^39 whereas the premium of financial
options is not considered part of the price, but rather a
consideration for granting an option to buy or sell.
b) In the arbun contract, there exists a contract whereas the contract
in financial options would be categorized under Shari[ah
principles as a mere promise because it does not fulfil the
requirements of contract.
c) The arbun is not tradable and financial options may be traded.14. Financial Options and the Concept of Property (Mal )
It is a necessary requirement that both counter-values of a contract enjoy
a proprietary value. Thus, contracting on financial options depends on
whether options enjoy monetary value. In this respect, the identification of
monetary value of financial options is necessary in order for them to qualify
as property, hence tradable. In Islamic law, there are a number of qualities
necessary for an object to qualify as subject matter of a sale, some of which
have been stated earlier. The jurists differ on these qualities. The Hanafis
suggest that an object is qualified as property (mal) when such an object fulfils
the following conditions:^40
- capable of being stored (hoarded)
- capable of being put to some use
- capable of being owned and possessed
- has some value by law
- such that humans are inclined towards it