Is a car considered the property of the buyer who paid one-third of its price but has not yet received it, and is the seller entitled to sell it to another person without the buyer's consent, and who bears the resulting loss?
The resolution of disputes takes place in the judiciary, for it is most capable of hearing the parties to the dispute and grasping the reality of claims, evidence, and defenses. As for the , he hears only from one party. If the offer and acceptance occurred, and agreement was reached on the price and the item, and the session concluded, then the sale has been concluded and is binding on both parties, and ownership of the two substitutes has transferred between the seller and the buyer. Thus, the seller is not permitted to dispose of the sold item except with the buyer's consent. The buyer owns the sold item and the seller owns the price immediately upon the valid contract, and ownership of the sold item transfers to the buyer even if the price is deferred. The buyer's dispositions over the sold item are enforceable. If the seller receives the price but the buyer has not received the sold item, the buyer has a greater right to it than other creditors should the seller go bankrupt. The transfer of ownership is not prevented by the fact that the two substitutes are debts in one's liability.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 195134
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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