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7.elements of A Valid Sale

The document outlines the key elements required for a valid sale under Islamic law, including offer and acceptance between buyer and seller, certainty of delivery, unconditional terms, immediate exchange, existing and valuable subject matter that is owned by the seller and capable of delivery. It provides examples of oral or implied offer and acceptance, and defines constructive possession as transferring ownership and risk without physical possession.

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Anum Shafique
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279 views12 pages

7.elements of A Valid Sale

The document outlines the key elements required for a valid sale under Islamic law, including offer and acceptance between buyer and seller, certainty of delivery, unconditional terms, immediate exchange, existing and valuable subject matter that is owned by the seller and capable of delivery. It provides examples of oral or implied offer and acceptance, and defines constructive possession as transferring ownership and risk without physical possession.

Uploaded by

Anum Shafique
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Elements of a Valid Sale

Essentials of a Valid Sale


• 1. Offer and Acceptance (Ijab-o-Qobool)
• 2. Buyer and seller (Mua’aqiain)
Offer and Acceptance (Ijab-o-Qobool)
• The term ‘offer’ means that one person proposes to either sell his
commodity to another person or buy from him and ‘Acceptance’
means that the person who has been offered gives his approval of the
proposal.
• Offer and acceptance are always done in the part tense e.g. “ I have
sold’ or ‘ I have purchased’.
Two ways of offer and Acceptance
• 1. Oral (Qauli)
• By saying. The offer (ijaab) and Acceptance (Qabool) should be
communicated orally between the parties in such a manner that the
transaction is executed spontaneously.
• For example: one can say “ I have sold” but one cannot say that ‘ I shall
sell to you”.
• 2. Implied (Isharaa)
• By indicating. For example exchange of money with goods without
uttering Ijab-o-qobool, procedure adopted in various supermarkets and
departmental stores.
Buyer and Seller (Muta’aqiain)
• Both must be
• 1. Sane ( should be mentally sound at the time of the contract).
• 2. Mature (should be adult, however, in case of minor, he must
understand the nature of transaction.
Conditions of Contract (Sharaet e Aqd)
• Sale must be non-contingent
• The delivery of the sold commodity to the buyer must be certain and
should not depend on a contingency or chance.
• The sale must be unconditional.
• The conditions which do not go against the contract are valid.
• If a sale is under reasonable condition but is in market practice, the
sale is valid.
Sale must be immediate
• The sale must be immediate and absolute. Thus a sale attributed to a
future date or a sale contingent on a future event is void.
• If the parties wish to affect a valid sale, they will have to affect it
afresh when the future date comes or the contingent event actually
occurs.
Conditions regarding Subject Matter
• 1. Existence:
• The subject matter of sale must exist at the time of sale. Thus, a thing
which has not yet come into existence or which cannot be
delivered/possessed now cannot be sold.
• 2. Valuable:
• The subject of sale must be a property of value. Thus a thing having
no value according to the usage of trade such as a leaf or a stone on a
roadside cannot be sold or purchased.
The subject of sale should not be a thing which is not used except for a
haram purpose. It must be usable.
The subject matter should not be anything, which is not capable of
ownership/title for example sea or sky.
Subject must be capable of delivery/possession
The subject of sale must be specifically known and identified either by
pointing out the asset or by detailed specification that can distinguish it
from other things, which are not sold.
• The subject matter of sale must be in the ownership of the seller at
the time of sale. If it is not owned by the seller it cannot be sold.
• The price should be ascertained and specified such as the total
amount in rupees.
• The subject matter must be in physical or constructive possession of
the seller when he sells it to another person.
Constructive Possession:
• It means a situation where the possessor has not taken the physical
delivery of the commodity, yet the commodity has come into his
ownership and all the rights and liabilities of the commodity are
passed onto him, including the risk of its destruction.
Example:
• A has purchased a car from ‘B’, ‘B’ after identifying the car has placed
it in a garage to which A has free access and B has allowed him to take
the delivery from that place whenever he wishes. Thus the risk of the
car has passed on to A. the car is in the constructive possession of A.
if A sells the car to C without acquiring physical possession, the sale is
valid.

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