LessonsRescission by Agreement: Original Price and Loss of GoodsQuiz

وهي فسخ في حق المتعاقدين بيع جديد في حق غيرهما في قول أبي حنيفة
Translation: According to Abu Hanifah, iqalah is a rescission as between the contracting parties but treated as a new sale with respect to others.

Fi haqq al-muta'aqidayn means the original parties are undoing their own contract. Fi haqq ghayrihima points to outsiders whose independent legal rights may be affected.

A single transaction can have different legal characterizations for different rights. Do not erase Quduri's explicit distinction by calling iqalah simply “a new sale” in every respect.

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Rescission between parties, sale for others

Rescission by Agreement: Original Price and Loss of Goods

وهي فسخ في حق المتعاقدين بيع جديد في حق غيرهما في قول أبي حنيفة
Translation: According to Abu Hanifah, iqalah is a rescission as between the contracting parties but treated as a new sale with respect to others.

Fi haqq al-muta'aqidayn means the original parties are undoing their own contract. Fi haqq ghayrihima points to outsiders whose independent legal rights may be affected.

A single transaction can have different legal characterizations for different rights. Do not erase Quduri's explicit distinction by calling iqalah simply “a new sale” in every respect.