Pending contract
(عَقْدٌ مَوْقُوفٌ)
من موسوعة المصطلحات الإسلامية
المعنى الاصطلاحي
A lawful contract whose execution and approval was suspended due to a pending right of another party to it.
الشرح المختصر
"‘Aqd mawqoof" (suspended contract) is a transaction that is legal in principle, such as a sale contract, but its execution and legal consequences are suspended due to a pending right of concerned parties. It becomes enforceable upon authorization from those parties. The most famous example is "bay‘ al-fudooli" (sale by an unauthorized agent), which is unenforceable due to the lack of ownership, and its enforcement depends on the owner's approval.