| An
agreement of sale which is lawful in its substance but unlawful
in respect of its description. The substance of the agreement
refers to proposal, acceptance and the article of sale. The
description refers to characteristics other than the substance,
such as the price of the article of sale. If an agreement of
sale for a definite article is concluded by proposal and
acceptance but the price is not settled, the agreement would be
fasid although it is enforceable (munaqad) so far
as its substance is concerned. |
