A suspended contract (mawqūf) contains a meaningful intended bargain, yet its legal effects await the approval of someone entitled to ratify it. An effective contract (nāfidh) is already operative.
If a discerning minor sells an item worth Rs 5,000 for Rs 5,000, fairness of price alone does not remove the guardian’s role. The guardian evaluates the transaction and its benefit before deciding whether to ratify or cancel it.
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A sale suspended pending approval
Kitab al-Hajr: Grounds of Legal Restriction, Capacity and Liability
A suspended contract (mawqūf) contains a meaningful intended bargain, yet its legal effects await the approval of someone entitled to ratify it. An effective contract (nāfidh) is already operative.
If a discerning minor sells an item worth Rs 5,000 for Rs 5,000, fairness of price alone does not remove the guardian’s role. The guardian evaluates the transaction and its benefit before deciding whether to ratify or cancel it.