Jurists differ on enforceability of promises. Some Hanafi and Maliki jurists recognized enforceability in cases of need, especially where the promise causes the other party to incur liability or expense. Even an enforceable promise does not itself become the actual sale.
The promise prepares a later transaction but does not itself transfer ownership. The later sale must still be concluded at the proper stage after the required ownership and possession exist.
Opening interactive controls...
Diminishing Partnership (المشاركة المتناقصة) for Home Financing
Jurists differ on enforceability of promises. Some Hanafi and Maliki jurists recognized enforceability in cases of need, especially where the promise causes the other party to incur liability or expense. Even an enforceable promise does not itself become the actual sale.
The promise prepares a later transaction but does not itself transfer ownership. The later sale must still be concluded at the proper stage after the required ownership and possession exist.