TRADE REQUIRES MUTUAL CONSENT

Secondly, the transaction must be effected with the mutual consent of the parties. Therefore, if there is trade, where the object of sale does exist, but the mutual consent of the parties is not there, even then the sale is invalid and impermissible. Thus, these two forms are included under "eating up each other's property by false means". Muslim jurists call the first form, albai' al-batil', while the second form is given the name, 'al-bai' al-fasid'. 

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