Pillars of Sale Contract

Pillars of a Sale Contract

Hanafis

* Ijaab – positive proposal

* Qabool – acceptance

Other Jurists

* Parties – buyers & sellers

* Object/Subject – what commodity/service

* Price – at what consideration

* Ijaab & qabool

Conditions of a Sale Contract

1. The Contractor

Sane and able to run his own affairs

* Legal age is not as important as ability to run affairs

* If ability of a child is in question, sale is valid only in case of purely beneficial dealings

Multiplicity of contractors (i.e., a single legal proxy cannot conclude on behalf of both parties)

* Exceptions include a father, a legal guardian, or a judge in court case

2. The Contract

The offer and acceptance must correspond to each other

3. The Place

The acceptance is made in the same ‘sessions’ as the offer

4. The Object

The object of sale must exist (i.e., cannot sell non-existent object that may cease to exist)

The object of sale must be good (i.e., must be beneficial in nature)

The object of sale must be privately owned and in possession of the seller

The object of sale must be deliverable at the conclusion of the sale

5. Other Conditions

The object of sale and the price are known beyond dispute

* The object is made known to the buyer by physical examinataio n or ample description

* The price must not change after the contract has been executed

The sale is not temporary (i.e., not timed)

The sale is beneficial

There are no condition that may make the contract ‘corrupt’

The seller has the absolute authority to sell the object

The contract is excuted under mutual consent (i.e., no coercion)

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