You are on page 1of 11

The Essentials of Sale

Mutual consent Existence Ownership Possession

The Essentials of Sale


5. INSTANT AND DEFINITE The sale must be instant. It cannot be attributed to a future date or a future event or contingent.

Example: A sale is concluded with the following condition, If you are successful in receiving a loan from ABC, then this car is sold to you. Such a sale is invalid.

The Essentials of Sale


6. - UNCERTAINTY Any transaction wherein there is uncertainty about any of the exchanges is not permitted in Shareeah.

Gambling Competitions where a fee is charged Insurance

The Essentials of Sale


7. FIXED PRICE Different cash and credit prices Early settlement discounts

The Essentials of Sale


8. SUBJECT OF SALE MUST BE KNOWN The subject of the sale has to be specified (mutaayyan). It cannot be ambiguous. Example: Ahmad buys a sheep from Bilaal which has not been specified. This sale is incorrect.

The Essentials of Sale


9. CREDIT TERM MUST BE FIXED In the case of a credit sale, the credit period has to be fixed in a definite manner. Example: Ebrahim buys a book from Ismail, for which he will pay when his father returns from Timbuktu. This sale is incorrect.

The Essentials of Sale


10. SUBJECT OF SALE MUST BE PERMISSIBLE The subject of the sale must be permissible in Shareeah. Example: The sale of wine, pork, carrion, musical instruments, musical cds/DVDs etc. will not be permissible.

The Essentials of Sale

11. FREE OF INVALID CONDITIONS

The Essentials of Sale


12. Interest

If you fail to do so then take notice of a war from Allah Taala and His Rasool.

According to a hadeeth, consuming one dirham of riba (usury) is worse than fornicating thirty three times. (Majmauz Zawaaid #6574) A golden rule: Any loan that draws benefit is riba (interest).

You might also like