Professional Documents
Culture Documents
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
Condition of validity
Subdivided into general and
specific condition
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
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
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.
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