Dealing in Un-Inspected Non-

Fungible. (What does Shariah say?)

Rana Muneer AhmadM.Phil. (I.B.F)

Minhaj University Lahore

Definition:

Un-inspected non-fungibles is a non-fungible item that is owned by the seller and have existent, but it is unseen.

The Hanafis ruled that it is valid to sell un-inspected non fungible without inspection or description. The buyer then has the option to execute the sale or nullify it once he sees the object. Similarly, an object sold based on a description must contain the inspection options (khiyar-AlRuya).

Hanafi’s Opinion

Sale of a quantity of barley which is

unseen. Sale of a covered car Sale of a house which is unseen

Example

The proof of the

Hanafis is based on the buyer’s inspection option which removes all Gharar.They found a proof from this Hadith also,“Whoever buys an item that he has not seen, he has the option once he sees it.”

The Malikis ruled that it is valid to sell

a non-fungible based on a description if its absence does not raise a doubt. If the object is delivered meeting the specified description, the sale is binding, since this is a minor gharar, and a description plays the role of inspection in the case of absent merchandise.

Maliki's Opinion

Moreover, using description in place of inspection may have benefits such as avoiding costs of showing it, including possible damage that may be caused by repeated transportation and or display. However, if the object is not in accordance with the description in the contract, then the buyer has the option.

Cont….

The Malikis also ruled in their most commonly-held opinion that it is valid to sell an absent object without a specific description of its genus, type, or state. The Malikis call this type of sale program sales (Al-Bay Ala Al- Barnamaj).

The most common opinion among the

Shafi's, and according to one of the Ibadis opinions, is that it is never valid to sell an absent object of sale, where absence is defined by as that which was not seen by one or both of the parties. This is true even if the object of sale is present, since the sale contains gharar. The Messenger of Allah (SAW) forbade the gharar sales, and the sale of an item whose genus and kind are not known contains significant gharar.

Shafi’s Opinion

Even in cases where the genus and kind may be known, such as: I sold you my �Arabian horses, the sale is not valid in the new Shafi's school since ignorance about the characteristics of the object of sale results in gharar. Also, forward (Salam) sales are not valid if the object of the sale is not properly described.

Cont….

The Hanbalis have two opinions the

favored among them is that the sale of an absent object that was not described or seen in the past is not valid.

Hanbali’s Opinion

The second opinion, which deems the contract valid, establishes an option for both the buyer and the seller at the time of viewing the object. The first opinion is based on the prohibition of gharar by the Prophet (SAW). If the object is described to the buyer in a manner sufficient to make a forward (Salam) sale valid, then the majority of Hanbali’s agree that the sale is valid.

Cont….

Imam Ahmad ruled that it is not valid until the buyer sees the object, since the description does not lead to knowledge of the object, thus the sale is not validated by such a description. His argument in this case is that the described but not seen object is deemed an object for which Salam sales are not valid.

On the other hand, the more common opinion in the school is based on the argument that it is a sale based on description, which makes it valid in the same manner that Salam sales are validated. Their argument thus is that knowledge of the object of sale is indeed attained through description of the apparent characteristics on which the price is based. Such a description is thus sufficient, the proof being that it is sufficient for Salam sales.

The Hanafis, the Malikis, the majority of

Hanbalis all allow the sale of an absent object based on description. As for the sale without inspection and without description, it was allowed only by the Hanafis.

Conclusion

Questions

???

THANKS