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Explain the different types of sales with regard to their being valid and invalid.

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Asked on June 2, 2008 12:00 am
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Sales are of four types:

1. Valid sale - It is that sale which is valid in the Shariah, both from its inception and in itself. It is legally (acc. to Shariah) correct and free from any prohibitions.

2. Invalid sale - It is that sale which does not conform to the Shariah from the onset. It is not legally binding at all.

3. Imperfect sale - It is that sale which is correct according to the Shariah from its onset, however, it has impermissible characteristics. It will be regarded as legally binding if it passes on into the buyers ownership (i.e. the impermissible characteristics are removed). Sometimes the Fuqaha designate the term Faasid upon Baatil. [See Bahrur Raaiq Page 75, vol.6.]

4. Suspended sale - Like selling the property of someone else. It will be regarded as being suspended in its becoming legally binding. If the owner agrees then it will be valid, otherwise not (Kitaabul Buyoo).

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Answered on June 2, 2008 12:00 am