---
title: "What is Qabd hukmi (constructive possession)? | IslamicOpenFinance™"
description: "Possession recognised in law without physical delivery, for example through documents, registration or an account entry."
url: https://islamicopenfinance.com/glossary/qabd-hukmi/
lang: en-GB
source: "IslamicOpenFinance"
---

[Glossary](https://islamicopenfinance.com/glossary/) / [Sale-based contracts](https://islamicopenfinance.com/glossary/#sales)

Sale-based contracts

# Qabd hukmi (constructive possession)

Possession recognised in law without physical delivery, for example through documents, registration or an account entry.

Qabd hukmi is constructive possession: a situation that Shariah treats as possession even though nothing is physically handed over. AAOIFI's standard on possession recognises it where the holder gains control and the ability to deal in the asset, for example through registration, delivery of documents of title or an entry in an account, and its currency standard accepts actual or constructive possession of the countervalues. Because much of modern finance is electronic, deciding which electronic events amount to constructive possession is a recurring governance question.

## Sources

- [AAOIFI Shari'ah Standards, English edition (full text, PDF): Shari'ah Standard No. 18, Possession (Qabd), constructive possession](https://aaoifi.com/wp-content/uploads/2017/12/Shariaa-Standards-ENG.pdf)

This entry explains a term; it is not a Shariah ruling. Approving a product is for each institution's own Shariah board and regulator.

## Related terms

[**Qabd (possession)** Taking possession of an asset, actually or constructively, which many contracts require before the asset can be sold on.](https://islamicopenfinance.com/glossary/qabd/) [**Bay al-sarf (currency exchange)** An exchange of money for money, of the same or a different currency, which must be settled on the spot.](https://islamicopenfinance.com/glossary/bay-al-sarf/) [**Commodity murabaha** Interbank and treasury deals in which commodities are bought and sold on deferred payment to place or raise short-term funds.](https://islamicopenfinance.com/glossary/commodity-murabaha/) [**Urf (custom)** Established custom or business practice, which Shariah recognises when it does not contradict the texts or principles.](https://islamicopenfinance.com/glossary/urf/)

**Sale-based contracts**

1. [Murabaha](https://islamicopenfinance.com/glossary/murabaha/)
2. [Musawamah](https://islamicopenfinance.com/glossary/musawamah/)
3. [Bay al-muajjal (deferred-payment sale)](https://islamicopenfinance.com/glossary/bay-muajjal/)
4. [Salam](https://islamicopenfinance.com/glossary/salam/)
5. [Istisna](https://islamicopenfinance.com/glossary/istisna/)
6. [Tawarruq](https://islamicopenfinance.com/glossary/tawarruq/)
7. [Bay al-sarf (currency exchange)](https://islamicopenfinance.com/glossary/bay-al-sarf/)
8. [Murabaha to the purchase orderer](https://islamicopenfinance.com/glossary/murabaha-purchase-orderer/)

[All 221 terms](https://islamicopenfinance.com/glossary/)