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Condition of sale for

Hanafis
1.Conditions
2.Conditions
3.Conditions
4.Conditions

of
of
of
of

conclusion
validity
executability
bindingness

Condition of Conclusion
*Fall into 4 categories
1.Condition pertaining to parties of the contract(must
be fulfilled)
a)Sanity and Discrenment
* sale conducted by an insane person is considered
nugatory for lack of capacity
*those of non discerning child, are not concluded.
b)Multiplicity
*Offer must come from one party
*Acceptance from another.
*Exception to the rule father and his plenipotentiary,
judge and a messenger of both side.

Condition
2.pertaining to the language of the contract

*3 such conditions

a)Audibility
- Both parties must heard the utterance of
the other in order the sale can be
concluded.
b)Correspondence of offer and acceptance
- If the offer and acceptance not correspond
to one another, the sale cannot conclude
-unless non correspondence benefits the
other party.
e.g:A want to sell a second hand car with
RM 8000.B want to buy it with RM 8500

c) Unity of the contract session


-Offer and acceptance must be uttered in one session
without break.
-the sale not concluded if:i)one of the parties departs
ii)one of the parties gets occupied another matter before
acceptance
-Immediate acceptance is not necesssary.
-Acceptor is allowed to think over the offer of the some
time.
-View point of Holy Prophet
Contracting parties have right of option until they
separate

3.Condition pertaining to the object of


the contract.
*There are 5 condition
1)The object of sale is good
-The object of sale can commonly be used to benefit
people.
*the sale of a dead animal
*insignificant amount of good such as one grain of
wheat
NOT CONCLUDE THE CONTRACT
2)That it is admissible
-Only objects from which it is legal and giving benefit to
people can be sold.
*the sale of wine and pork May not be concluded
Since their use is prohibited.

3)That it is private property


-It is not permissible to sale goods is not owned by
any person.
*such as grass for public grazing,even if it is on
privately owned land.
4)That it exists at the time of the contract
-Non existent object may not be conclude the
contract
-Sale of item may exist and may vanish
*a lamb in the womb
*milk in an udder

5)Possible to deliver the object of sale at the


time of contract.
Contract NOT concluded if:i)The sale of fish in the water
ii)Bird in the sky

Condition of validity
Subdivided into general and
specific condition

All General condition pertain to all types of


sale fulfilled conditions of conclusion
Contract that may not be concluded may
not be valid
4 other conditions of validity: The object of sale and the price are known
*not valid to sell unknown such sheep in a
herd
*sell with an unknown or unidentified price

The sale is not timed


*must be eternal exchange of property rights
to object of sale and the price
The sale must beneficial
*the sale of one unit currency for another
equal in value is not valid
Does not contain a corrupting condition
*those that lead to an extra benefits to one
parties of the contract.

Specific conditions
Those are the conditions relating to some
sales and not to others
1)Receipt of movable (manqul) goods or immovable
properties (aqar)
It is a condition for the validity of selling a movable good
purchased from another that the seller receives it from the
first seller prior to concluding the second sale.
In order to avoid gharar.
Abu Hanifa and Abu Yusuf allowed the sale of immovable
properties (aqar) prior to receipt

2) Knowing the initial price in trust sales (buy al-amana):


This type of sales includes cost-plus (murabahah),
investiture (tawliya), resale with loss (wadia)

3)Equality of the exchanged items if they are the same genus.


-Measured by weight or volume
-This is a condition for all commodities that must be observed to avoid
riba
4) Satisfaction of forward sale (salam)
-The entire price of the sale must be paid during the sale session
5) Receipt of debts on the parties
- such as the object or price of forward sale, or selling an object in
exchange for a debt on someone other than the seller. All of those
debts may not be sold by anyone other than the debt or before
receiving them.
For example: the buyer in a forward sale may not sell the object of
sale before receiving it from the seller. Also, the credit or may not buy
an item from a party other than the debtor, with the price being the
unpaid debt.

Condition of executability
(i)Object of sale is owned or
under the authority of the
seller:*the merchandise must be
owned by
the seller
*so the uncommissioned agent
(fud.
ul) sale is not executable
due to lack of ownership or
legal agency

(ii)No third party should have


rights over the object of sale:
*If anyone
other than the owner has a
legal right to ownership of the
merchandise
or its usufruct
*the contract is suspended
*seller cannot
sell what he has pawned or
rented.

CONTINUE (i)
However, the Hanafis ruled
that the fuduli. sale is
suspended pending the
agreement of the owner.
Al-Shafie, on the other hand,
considered ownership or legal
agency a condition
of conclusion, thus voiding
the transactions of an
uncommissioned
agent (fuduli)

CONTINUE(ii)
As for the other party who
has a vested interest in the
sale
object (e.g. a tenant or pawnbroker)
*if they allow it, the contract
will
be executable.
*If the renter of a property
does not allow the sale, then
it may only be executable
after the end of the rent
contract.

Executable and suspended sales

Given the Hanafi conditions for executability of a


sale listed above, it can be seen that there are two
types of sales executable and suspended.

Executable sale: This is the type of sale in which the


cornerstones of the contract, its conditions of
conclusion, and its conditions of executability are all
satisfied.
Suspended sale: This is the type of sale in which the
cornerstones and conditions of conclusion of the
contract are satisfied, but the conditions of
executability (ownership and guardianship) were not.

Condition of Bindingness
The conditions for a sale to be binding
come into consideration after the
conditions of conclusion and executability.
Thus, for a sale to be binding, the contract
must be devoid of all options(khiyar) that
allow one of its parties to void the contract