The suspended contract (mawquf): valid in principle but held until a condition or consent

المَوْقُوف (العقد الموقوف على إجازة أو شرط)

In the law, a mawquf is a transaction valid in its origin that gives ownership only in suspension, completed only by the consent of the person who may consent, as the sale of an unauthorised agent, of a minor or of a slave under restraint; it occurs in acts of worship and in contracts. The Hanafis divide suspended transactions into those capable of validity and those invalid; the Shafi'is list six kinds, among them the sale of a dead man's property in the belief he is alive, the seller's act that the buyer's permission will ratify, and the favour of a sick man beyond a third.

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Summary

A mawquf is a transaction valid in its origin but not complete until the consent of the one whose right is involved, as the sale of an unauthorised agent. 1

Related terms

Charity (sadaqa) is a gift for God's pleasure; the bequest is a gift made to take effect after death; the mawquf is the wider or narrower term depending on the case. 2 3

Suspension and property

The Shafi'is, Abu Yusuf and Muhammad hold that ownership of an endowed thing passes to God on the words of endowment; Muhammad ibn al-Hasan requires a manager to hand over the property. The Hanbalis hold that property given to a general purpose passes to God, and that a thing given to a named person stays in the owner's hands until transferred. 3 4 5 6

The Hanafi division

The Hanafis divide a suspended act into one open to validity, and an invalid one that is lawful in origin but not in its features, such as the sale of a coerced seller, where ownership passes on delivery according to Abu Hanifa and his companions. 1 7

The Shafi'i kinds

The Shafi'is list six kinds of suspended act: one held until a later condition, like the sale of an unauthorised agent; one that proves valid when a prior fact is shown, like the sale of a dead man's property in the belief he was alive; one held until a fault ends, like the sale of a bankrupt's goods; one held until a legal restraint is lifted; the favour of a sick man beyond a third; and the act of a usurper whose profits the owner may claim. 7 8 9

Suspension in worship

The Shafi'is use the term for acts of worship too: a minor's pilgrimage is a supererogatory act, becoming obligatory when he comes of age before standing at Arafat. 7 8

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15302
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15294
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15295
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15296
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15297
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15298
  7. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15303
  8. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15304
  9. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15305
Cite this page

islam.museum contributors. “The suspended contract (mawquf): valid in principle but held until a condition or consent”. islam.museum, https://islam.museum/en/concept/mawquf/. CC BY-SA 4.0. Last updated 2026-10-23.

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