The legal status of ownership being suspended (mawquf) in a sale with an option.

Chapter on the Option of the Two Parties in Sale

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 2

Open in Qurani

Primary text

The opinion held by the companions of Al-Shafi'i that ownership is suspended or contingent—becoming confirmed for the buyer if the sale is ratified, or remaining with the seller if not—is incorrect. The transfer of ownership is necessarily dependent upon its cause, which is the sale contract itself. This transfer does not vary based on ratification or dissolution, as ratification is neither the effective cause nor a condition of the transfer; if it were, ownership would not be established beforehand. Dissolution does not prevent the transfer because prevention cannot precede the impediment. Since the sale with an option is a cause that establishes ownership immediately if dissolution does not occur, it must also establish ownership if dissolution does occur, similar to a sale involving a defect.