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Islamic Contract Law – Bargain Theory vs Will Theory vs Islamic Contract Law
1. Core Foundation
2. Key Requirement
3. Role of Consideration
4. Role of Intention
5. Scope of Contract
6. Freedom of Contract
7. Moral Dimension
8. Binding Nature
9. Simple Examples
Final Summary
One-Line Memory Trick
1. Core Foundation
- Bargain Theory (English Law)
- Contract based on exchange (consideration)
- Will Theory (English Law)
- Contract based on intention and free will
- Islamic Contract Law
- Contract based on:
- Consent + obligation to fulfil + moral duty
- Contract based on:
2. Key Requirement
- Bargain Theory
- Must have:
- Consideration (something in return)
- Must have:
- Will Theory
- Must have:
- Mutual intention (meeting of minds)
- Must have:
- Islamic Contract Law
- Must have:
- Offer + acceptance
- Consent
- Lawful subject matter
- Must have:
3. Role of Consideration
- Bargain Theory
- ✅ Essential
- Will Theory
- ⚠️ Important but not the main focus
- Islamic Contract Law
- ❌ Not required in strict sense
4. Role of Intention
- Bargain Theory
- Secondary to exchange
- Will Theory
- ✅ Central element
- Islamic Contract Law
- ✅ Important but combined with:
- Legal + moral responsibility
- ✅ Important but combined with:
5. Scope of Contract
- Bargain Theory
- Narrow:
- Focus on economic exchange
- Narrow:
- Will Theory
- Broader:
- Focus on agreements generally
- Broader:
- Islamic Contract Law
- Broadest:
- Includes:
- Commercial contracts
- Promises (ʿahd)
- Oaths (yamīn)
- Includes:
- Broadest:
6. Freedom of Contract
- Bargain Theory
- Recognised
- Will Theory
- Strongly emphasised
- Islamic Contract Law
- Allowed but:
- Limited by Shariah rules
- Allowed but:
7. Moral Dimension
- Bargain Theory
- ❌ Minimal
- Will Theory
- ⚠️ Limited
- Islamic Contract Law
- ✅ Strong moral + religious element
8. Binding Nature
- Bargain Theory
- Binding due to:
- Exchange
- Binding due to:
- Will Theory
- Binding due to:
- Intention
- Binding due to:
- Islamic Contract Law
- Binding due to:
- Agreement + duty to fulfil (religious + legal)
- Binding due to:
9. Simple Examples
- Bargain Theory
- Sell laptop → get money
- Will Theory
- Parties freely agree on contract terms
- Islamic Contract Law
- Sale, promise to donate, oath to perform act
Final Summary
- Bargain Theory
- Focus = exchange (consideration)
- Will Theory
- Focus = intention (free will)
- Islamic Contract Law
- Focus = obligation + morality + lawful agreement
One-Line Memory Trick
- Bargain = Exchange
- Will = Intention
- Islamic law = Obligation + Ethics
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