Correct-looking contractual words are not enough. The actor must understand the bargain and intend that bargain. Quduri connects the guardian’s decision to this prior threshold.
A child repeating “I sell” during play has not created an intelligible bargain awaiting approval. By contrast, a discerning minor who actually bargains to sell a specified item for a stated price has undertaken an act whose legal effectiveness may depend on guardian review.
Opening interactive controls...
Understanding and intention are indispensable
Kitab al-Hajr: Grounds of Legal Restriction, Capacity and Liability
Correct-looking contractual words are not enough. The actor must understand the bargain and intend that bargain. Quduri connects the guardian’s decision to this prior threshold.
A child repeating “I sell” during play has not created an intelligible bargain awaiting approval. By contrast, a discerning minor who actually bargains to sell a specified item for a stated price has undertaken an act whose legal effectiveness may depend on guardian review.