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Islamic Contract Law – Later Definitions of Contract (ʿAqd)
1. Definition by Muhammad Abu Zahrah
Definition
2. Key Elements in This Definition
A. Two Statements
B. Linkage (Connection)
C. Legal Ruling (Ḥukm)
D. Effect on Parties
Examples
3. Comparison with Mejelle Definition
Common Features
Distinct Emphasis (Abū Zahrah)
4. Key Insight
👉 Contract is not just:
Final Summary
One-Line Understanding
1. Definition by Muhammad Abu Zahrah
Definition
- A contract is:
- “A linkage of two statements (from two parties) from which a legal ruling arises affecting one or both parties.”
2. Key Elements in This Definition
A. Two Statements
- Refers to:
- Offer (ijāb)
- Acceptance (qabūl)
- Contract requires:
- Interaction between two parties
B. Linkage (Connection)
- Statements must be:
- Connected and mutually agreed
- Isolated or unrelated declarations
C. Legal Ruling (Ḥukm)
- The contract must:
- Produce:
- Legal consequences
- Produce:
D. Effect on Parties
- Legal effect may apply to:
- One party
- Or both parties
Examples
- Sale contract
- Buyer:
- Pays price
- Seller:
- Transfers ownership
- Buyer:
- Applies to both parties
- Guarantee contract
- Guarantor:
- Takes responsibility
- Guarantor:
- May apply mainly to one party
3. Comparison with Mejelle Definition
- Similar to:
- Majallat al-Ahkam al-Adliyyah
Common Features
- Emphasis on:
- Offer and acceptance
- Binding effect
- Legal consequences
Distinct Emphasis (Abū Zahrah)
- Focus on:
- Legal ruling arising from agreement
4. Key Insight
- Later scholars:
- Maintained the same core idea
- But refined:
- The legal impact of contracts
👉 Contract is not just:
- Agreement
- A source of legal rights and obligations
Final Summary
- Abū Zahrah’s definition highlights:
- Linkage of statements
- Creation of legal ruling
- Effect on one or both parties
One-Line Understanding
- A contract in Islamic law =
👉 “A connected agreement that produces binding legal consequences.”
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