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Islamic Contract Law – Meaning and Definition of ʿAqd 


1. Etymological Meaning of ʿAqd
  • Derived from the Arabic root (a-q-d)
  • Literal meanings:
    • To tie
    • To fasten with a knot
    • To bind or put together
👉 Implies:
  • Connection, commitment, and binding relationship


2. Usage in Classical Arabic (Lisān al-ʿArab)
  • The term ʿaqd is used in different contexts, such as:
    • ʿAqd al-ʿahd → covenant or binding agreement
    • ʿAqd al-yamīn → oath or sworn commitment
👉 Shows that ʿaqd includes:
  • Legal, social, and moral obligations


3. Legal Meaning of ʿAqd
  • A contract between two parties
  • Formed in a legally recognised manner
  • With the intention to:
    • Create a binding legal relationship


4. Definition by Muslim Jurists
  • ʿAqd is:
    • A valid combination of offer (ijāb) and acceptance (qabūl)
  • Condition:
    • Must be done in a way that:
      • Produces a legal effect on the subject matter
👉 Meaning:
  • The contract must change rights or obligations


5. Functional Definition
  • Agreement between two willing parties to:
    • Create a right
    • Transfer a right
    • Terminate a right


6. Essential Elements of ʿAqd
  • Offer (Ijāb)
    • Proposal made by one party
  • Acceptance (Qabūl)
    • Agreement by the other party
  • Consent (Meeting of minds)
    • Mutual willingness of both parties
  • Subject matter (Object)
    • The thing or obligation involved
  • Consideration (in a broad sense)
    • Something of value or benefit (not identical to English law concept)


7. Legal Effect of ʿAqd
  • Creates a binding legal relationship
  • Produces:
    • Rights
    • Obligations
    • Legal consequences


Final Summary
  • ʿAqd literally means to bind or tie, reflecting commitment
  • Legally, it is:
    • A structured agreement (offer + acceptance)
    • Between willing parties
    • That creates, transfers, or ends rights
👉 It is the foundation of all contractual relationships in Islamic law

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