Commercial Contracts Accompanying Sales (Entry Fees, Shelf Rentals, Concession Sales)

Abstract

This study examines the juristic (fiqh) rulings of commercial contracts accompanying sales, namely: entry fees, shelf-rental contracts, and consignment sales. It investigates their juristic classification (fiqh adaptation), legal permissibility, and the relevant Sharīʿah controls governing them. The study focuses on the practical applications of these contracts in supermarkets in the city of Erbil, considering them as a model of modern markets that have widely adopted such contractual practices.

The research adopts an inductive, analytical, and comparative methodology, drawing upon Sharīʿah texts and the opinions of classical and contemporary jurists, and comparing them with actual market practices. The findings conclude that these contracts require precise regulatory controls to prevent uncertainty (gharar), harm, and monopoly practices. Some of these contracts can be rendered valid through proper juristic adaptation, while others remain subject to juristic controversy, necessitating the development of safer Sharīʿah-compliant alternatives. Although there are some studies that have dealt with clearance sales or commercial leasing in part, no comprehensive academic study has been found that examines the contracts accompanying the sale (entry, shelf rental, clearance sales) in an applied manner on supermarkets in the city of Erbil, which makes this study a qualitative addition in its field.