Can land be sold before documentation of ownership is transferred?

· 28 Safar 1440 AH1 min readFatwa 41304English

Question

salam

I want to know that property , land can be sold to other party without or before transferring ownsership in your name

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

According to Sharia laws of Commerce and Trade, once an acceptance is made to an offer of purchase with all the other requirements for a valid purchase and sale transaction, the deal concludes and ownership transfers. The new owner is at liberty to sell before ownership by name is transferred legally through documentation. This is the Islamic perspective.

However, we advise that such transactions be carried out only after transfer of ownership by name legally in order to avoid unforeseen circumstances and disputes in future. We also advise that the purchaser and seller draw up a private document recording the transaction.[1]

And Allah Ta’āla Knows Best

Checked and Approved by,

Mufti Ebrahim Desai.

References (Arabic / Urdu sources)

[1]

مجلة الأحكام العدلية (ص: 34)

البيع ينعقد بإيجاب وقبول

الإيجاب والقبول في البيع عبارة عن كل لفظين مستعملين لإنشاء البيع في عرف البلد والقوم

Checked & approved by
Mufti Ebrahim Desai
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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