Buying and Selling: Ruling on the Validity of Unregistered Family Property Transactions Without Shar‘ī Formula
Practical Laws of Islam as per the teachings of Imam Khamenei
Buying and Selling: Ruling on the Validity of Unregistered Family Property Transactions Without Shar‘ī Formula
English:
Question #1461:
Members of a family agreed between themselves on the sale of, or reached a settlement about, some property and got the deal written and signed. However, they neither registered the sale with the competent authorities, nor was the particular formula uttered by a cleric. Is such transaction valid from both shar‘ī and legal aspects?
Answer #1461:
It is both valid and binding. That it is not registered with the authorities or that the formula was not uttered should not detract from its validity.
-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Buying and Selling