Can land be sold before documentation of ownership is transferred?

Answered according to Hanafi Fiqh by Askimam.org

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.

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[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

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