The legal status of a sale subject to an option being considered an incomplete contract.

Chapter on the Option of the Two Parties in Sale

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 2

Open in Qurani

Primary text

The assertion that a sale with an option is an incomplete contract (*'aqd qasir*) is incorrect. The permissibility of dissolution (faskh) does not necessitate incompleteness nor prevent the transfer of ownership, analogous to a sale of a defective item. Any subsequent prohibition on disposition stems from the right of a third party, which does not impede the establishment of ownership, similar to mortgaged property or goods sold before physical receipt.