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Basics Rules Of Bai

Islam is the only religion that explains death in full detail, how it happens, and what Muslims should do before, during, and after the death of a Muslim.

Sale' is defined in the Shariah as the exchange of a thing of value by another thing of value with mutual consent. Islamic jurisprudence has laid down comprehensive rules governing the contract of sale and the Muslim jurists have written a large number of books, in a number of volumes, to elaborate upon them in detail.

1. The subject of sale must be existing at the time of sale. Thus, a thing which has not yet come into existence cannot be sold. Is a non-existent thing has been sold, even by mutual consent, the sale is void according to Shariah.
Example: A sells the unborn calf of his cow to B. The sale is void.

2. The subject of the sale must be in the ownership of the seller at the time of sale and he must have a good title to it. Thus, what is not owned by the seller cannot be sold. If he sells something before acquiring its ownership, the sale is void according to Shariah.
Example: A sells to B a car which is presently owned by C, but A is hopeful that he will buy it from C and shall deliver it to B Subsequently. The sale is void.

3. The subject of sale must be in the physical or constructive possession of the seller when he sells it to another person.
Examples: (i) A has purchased a car from B. B has not yet delivered it to A or his agent. A cannot sell the car to C. If he sells it before taking its delivery from B, the sale is void.
(ii) A has purchased a car from B. B has placed the car in a garage where A has free access and B has allowed him to take the delivery from that place whenever he (A) wishes. The car is in the constructive possession of A.If A sells the car to C without C acquiring physical possession, the sale is valid.

4. The sale must be instant and absolute. Thus, a sale attributed to a future date or a sale contingent ion a future event is void. If the parties wish to effect a valid sale, they will have to effect is afresh when the future date comes or the contingency actually occurs.

5. The subject of sale must be a property of value. Thus, a thing having no value according to the usage of trade cannot be sold or purchased.

6. The subject of sale should not be a thing which is used for a haraam purpose, like pork, wine etc.

7. The subject of sale must be specifically known and identified to the buyer.
Example: There is a building comprising of a number of apartments built in the same pattern. A, the owner of the building, says to B "I sold one of these apartments to you "B accepts. The sale is void unless the apartment intended to be sold is specifically identified or pointed out to the buyer.

8. The delivery of the sold commodity tot he buyer must be certain and should not depend on a contingency or chance.
Example: A sells his car which was subsequently stolen by an anonymous person and the buyer purchases the car under the hope that A will manage to get it back. The sale is void.

9. Certainty of price is a necessary condition for the validity of the sale. If the price is uncertain, the sale is void
Example: A say to B "if you pay within a month, the price is Rs 50/- but if you pay after two months, the price is Rs55/-". B agrees. The price is uncertain and the sale is void unless anyone of the alternatives is agreed upon at the outset between A and B.

10. The sale must be unconditional. A conditional sale is invalid unless the condition is recognized as part of the transaction according to the usage of trade.

Example: (1) A buys a car from B with a condition that B will employ his (A's) son at his firm. The sale is conditional and therefore invalid.

Example: (2) A buys a refrigerator from B with a condition that B undertakes to service it free of charge for 2 years. The condition, being recognized as a part of the transaction, is valid and the sale is lawful.

By: ARSLAN ZIAD

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Backbiting

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The Wise Teachings of Sufis

The Tests and Trials of ishq e ilahi

The Divine Law

Nisbat e ilmiya

Mojzah Karamat and Istadraaj

Mention of the Friends of Allah

Majzoob

Knowledge of the Unseen

Istaghna

Affection For Allah

Ahl e Takveen

Initial Creation

Zikar

Durood-e-Paak

It is this buy finasteride we are tight to control but not perennially everything goes as we will like buy propecia online may fall in love with the momentum of change.

Friday Prayer

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Islamic Banking

Basics Rules Of Bai

Concept Of Partnership in Islam

History Of Usury During Prophet’S (PBUH) Era

Models Of Takaful

RIBA

Takaful And Its Mechanism

Type Of Takaful

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