Pillars (Arkān) of Selling and Buying in Islamic Law (Shari’ah)

Pillars (Arkān) of Selling and Buying in Islamic Law (Shareeʿah)

Selling and buying is a contract between two parties (two people, two groups, two companies, etc.), and it is obligatory to fulfil the Shareeʿah Pillars of trade so that the transaction is correct and accepted in Islam. The majority of the jurists [of the Four Madhhabs] have stated that the Pillars of Al-Baiʿ and Ash-Sharā’ are three:

  1. Expression or wording: This encompasses a request for something (al-eejāb) and acceptance of that request (qubool) with terms that are clear and understood without ambiguity that show the pleasure of both parties in the fulfilment of the transaction. This is the only pillar required for the Hanafis—and whatever is besides this are merely connected requirements of trade. According to the Hanafis, the request to purchase (al-eejāb) emanates from one party, and acceptance (qubool) emanates from the second party. As for the jamhoor (majority) of the scholars, they hold that the request (al-eejāb) emanates from the possessor of the goods or services and the acceptance (al-qubool) emanates from the one who will take possession. For example: The seller (al-bā’iʿ) states any of the following terms: ‘I’ve sold this item to you’, ‘I’ve given it to you’, ‘I’ve given you ownership’ and the buyer (al-mushtari) responds with any of the following: ‘I’ve accepted it’, ‘I have purchased it’, ‘I have taken possession of it’, ‘I have bought it’—through this, the transaction is completed.
    By the pursuit [or activity] of one party or both parties such as the buyer taking the commodity and then paying the seller its price (as you would do by taking an item in a shop to a counter or till), and then the seller takes the price, the pleasure of both parties is achieved and the actions are correct and the exchange is sound. As for the Shāfiʿees, the pursuit [or activity] and exchange is not enough because they hold that clear words should be used that show that sale and purchase has been agreed and fulfilled.[1]
  2. That there are two parties: That is a seller and a buyer (al-bā’iʿ and al-mushtari)—it is obligatory that both parties are present to render the transaction correct. Furthermore, this trade can be transacted through appointed agents, through a website purchases (that have clear terms and conditions), or by phone or video.
  3. The presence of the items being traded or exchanged: that is the item being purchased and the thing that is being used to purchase it (e.g., the clothing and the cash).

[1] See Kitāb al-Fiqh al-Islāmi Adillatahu of Az-Zuhayli, pp. 3309-3314.

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