Sharh Hanafiyah Page 89 New May 2026

The Hanafi scholars emphasize ( yaqin fi al-‘aqad ). For example, if a seller sells a house with the condition that it must remain uninhabited for a year, and the buyer later breaches this condition, the Hanafi school might argue that the condition is legally binding if it does not violate public interest or Islamic principles. However, if the condition involves subjective uncertainty (e.g., "I will sell you this crop if it grows well"), the contract may be deemed void ( batil ) unless the condition is clearly defined and measurable.