فَالْبَيْعُ مَوْقُوفٌ
Translation: The sale remains suspended.
The pledgor remains owner, but the asset is subject to the pledgee’s right. A sale made by the pledgor without the pledgee’s approval does not become automatically effective. Quduri calls it suspended (mawqūf).
Suspension means neither immediate unrestricted delivery to the buyer nor necessarily a transaction void beyond all cure. Its effectiveness awaits satisfaction of the pledgee’s right or the required approval.
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Sale by the pledgor without consent
Kitab al-Rahn: Partial Repayment, Agency to Sell and Pledgee Rights
فَالْبَيْعُ مَوْقُوفٌ
Translation: The sale remains suspended.
The pledgor remains owner, but the asset is subject to the pledgee’s right. A sale made by the pledgor without the pledgee’s approval does not become automatically effective. Quduri calls it suspended (mawqūf).
Suspension means neither immediate unrestricted delivery to the buyer nor necessarily a transaction void beyond all cure. Its effectiveness awaits satisfaction of the pledgee’s right or the required approval.