Al-bai‘ al-fasid

Dictionary term

Definition of "Al-bai‘ al-fasid"

An agreement of sale that is lawful in its substance but unlawful in respect of its description. The substance of the agreement refers to proposal, acceptance and the article of sale. The description refers to characteristics other than the substance, such as price of the article of sale. If an agreement of sale for a definite article is concluded by proposal and acceptance but the price is not settled, the agreement would be fasid although it is enforceable (mun‘aqad) so far as its substance is concerned.

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