Sale through an agent occurs under valid authorisation and within the agreed conditions. Sale by the owner without the pledgee’s consent faces a different problem: ownership exists, but the pledgee’s security right still obstructs effectiveness.
In the first case ask when and how the agent was authorised. In the second ask whether the creditor consented or the secured debt was paid. These are distinct legal questions despite both involving the pledged asset.
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Sale by an authorised agent versus an unauthorised owner
Kitab al-Rahn: Partial Repayment, Agency to Sell and Pledgee Rights
Sale through an agent occurs under valid authorisation and within the agreed conditions. Sale by the owner without the pledgee’s consent faces a different problem: ownership exists, but the pledgee’s security right still obstructs effectiveness.
In the first case ask when and how the agent was authorised. In the second ask whether the creditor consented or the secured debt was paid. These are distinct legal questions despite both involving the pledged asset.