A lawful sale contract: the essential conditions in Islamic finance
AmanaFi team · Updated · 1 min read
For a sale to be valid in Islamic law, the good must be lawful, held by the seller, known and deliverable, the price must be defined, and both parties must consent freely. This list applies to a purchase between individuals as to financing.
The basic conditions
Here are the points to check before concluding.
- The good is lawful and has recognised value.
- The seller already owns it or has the right to dispose of it.
- The good is described and can be delivered.
- The price is known and defined, not left open.
- Both parties accept without coercion or deceit.
Defects to avoid
Avoid deceit about quality, hiding a defect, selling a good not yet owned (except special contracts such as salam or istisna) and clauses that tie the sale to a loan with a benefit.
Put it in writing
Note the good, the price, the payment terms, the delivery date and the guarantee. A signed document protects both parties and matches the spirit of Quranic recommendations on writing down commitments. For a complex case, ask a qualified person.
Frequently asked
Can I sell a good I have not yet received?
In principle, you must own the good before selling it, except under specific contracts such as salam or istisna. Check the conditions of the particular case.
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