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Production industry

Valid Sale (Bai Sahih):
A sale becomes valid if the following elements are present as well as the conditions in the attached chart # 2 are complied with:

  • Contract (Aqd)
  • Subject Matter (Mabe'e)
  • Price (Thaman)
  • Possession or delivery (Qabza)

Halal Alternative Solutions Production industry   Picture 1

  1. Void/Non Existing Sale (Bai Baatil):
    Sale will be void if any one of the conditions of offer and acceptance (1.1), conditions of Buyer & Seller (1.2) and sold good conditions (2.1 - 2.5) are not complied with. In a void sale, the buyer does not have title to subject matter and seller does not have title to price. Both subject matter and price cannot be used lawfully. The produce of both shall be unlawful.
  2. Existing sale but void due to defect (Bai Fasid)
    Sale will exist but will be void due to defect if the conditions of contract (1.3), sold good conditions (2.6 & 2.7) and conditions of price (3.1 & 3.2) are not complied with. However, if the defect is rectified the sale becomes valid. In a fasid sale, the buyer should not possess the subject matter. If possessed with the consent of the seller, title or ownership will pass to the buyer but usage of subject matter will be impermissible. He must return it to the seller.
  3. Valid but disliked sale (Bai Makrooh):
    A sale will be Makrooh when the transaction is complete and one gets possession of the goods but is disliked eg. sale after Juma Azaan, sale after hoarding or where a third party intervenes to buy something which was under negotiation of sale between other parties.

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