A type of sale (ba’i) which is lawful in substance and description but is concluded by, or with the intervention/consent of, a third party who neither has an absolute right of ownership, over the property being sold or bought nor is properly authorized to act on behalf of the buyer or seller. A prime example of this sale is ba’i al-fuduli (unauthorized agent sale).
In Islamic shari’a, al-ba’i ghair al-manhi ‘anhu (sale not proscribed; permissible sale) can be generally classified as:
- effective and binding: a sale that is lawful in substance and description, not involving others’ rights, and not providing for khiyar (option).
- effective and non-binding: a sale that is lawful in substance and description, but allows for khiyar (option).
- Yet inactive or not yet effectuated (mawquf): a sale that involves others’ rights.
Al-mawquf is an Arabic term that means “yet inactive”, “pending approval” or “not yet put into force”.
