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​Islamic Contract Law – Meaning and Scope of ʿAqd (Notes)


1. Basic Meaning of ʿAqd
  • ʿAqd = agreement/contract in classical Islamic jurisprudence
  • Refers to:
    • A binding relationship between parties
  • Core structure:
    • Offer (ijāb) by one party
    • Acceptance (qabūl) by another party


2. Two-Party Transactions
  • Standard use of ʿaqd involves:
    • Two parties
    • Mutual consent through offer and acceptance
  • Common in:
    • Commercial contracts
    • Sale, lease, partnership


3. Use in Unilateral Transactions
  • ʿAqd is also used in situations with:
    • Only one party acting (unilateral disposition)
  • No acceptance required in some cases
  • Examples:
    • Certain declarations or commitments
  • Shows that ʿaqd is not limited to mutual agreements only


4. Broader Juristic Applications
  • The term ʿaqd is used in general legal/juristic contexts, including:
    • Marriage (nikāḥ)
    • Manumission or release of obligations (e.g., debt-related acts)
  • Indicates that ʿaqd applies beyond purely commercial dealings


5. Spiritual and Moral Dimension
  • ʿAqd is also used in a theological sense:
    • Refers to the covenant between God and mankind
  • Emphasises:
    • Duties and obligations toward God
    • Accountability in religious terms


6. Commercial and Social Obligations
  • In practical legal usage, ʿaqd denotes:
    • Binding obligations between individuals
    • Especially in:
      • Trade
      • Financial transactions
      • Social dealings


Final Summary
  • ʿAqd is a broad and flexible concept in Islamic law:
    • Covers contracts between people
    • Includes unilateral acts
    • Extends to social, legal, and spiritual obligations
  • Therefore:
    • It is not limited to commercial contracts
    • But forms the foundation of all binding relationships in Islamic jurisprudence




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