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​Islamic Contract Law – Primary Sources: Qurʾān and Sunnah 

1. Core Primary Sources
  • The primary sources of Islamic law are:
    • Qurʾān
    • Sunnah
👉 These form the foundation of all legal rulings (aḥkām), including contract law


2. The Qurʾān
Nature
  • Considered:
    • The word of Allah


Role in Contract Law
  • Provides:
    • General principles and guidelines


Examples
  • Obligation to:
    • Fulfil contracts
  • Prohibition of:
    • Ribā (interest)
    • Unjust consumption of wealth


👉 Key Feature:
  • Broad and principle-based
  • Not detailed rules


3. The Sunnah
Nature
  • Comprises:
    • Sayings
    • Actions
    • Approvals of Prophet Muhammad


Role in Contract Law
  • Provides:
    • Explanation and practical application of Qurʾānic principles


Examples
  • Clarifies:
    • Types of valid and invalid sales
  • Prohibits:
    • Gharar (uncertainty)
  • Regulates:
    • Fair dealings


4. Relationship Between Qurʾān and Sunnah
  • They are:
    • Complementary sources


Function Together
  • Qurʾān
    • Lays down:
      • General rules
  • Sunnah
    • Explains:
      • How to apply those rules


👉 Example:
  • Qurʾān:
    • Commands fulfilment of contracts
  • Sunnah:
    • Shows:
      • How contracts should be conducted fairly


5. Role During the Time of Prophet Muhammad
  • All legal rulings were derived from:
    • Qurʾān
    • Sunnah


How it worked
  • Qurʾān:
    • Revealed principles
  • Prophet:
    • Interpreted and applied them
    • Guided companions


👉 Covered areas such as:
  • Faith
  • Family law
  • Criminal law
  • Commercial law (including contracts)


6. Relevance for Future Generations
  • Principles were presented in:
    • Flexible and general form
👉 This allows:
  • Adaptation to:
    • Changing times and contexts


7. Key Insight
  • Islamic contract law is:
    • Rooted in:
      • Divine guidance
    • Applied through:
      • Practical interpretation


Final Summary
  • Qurʾān
    • Provides general legal principles
  • Sunnah
    • Provides explanation and application
  • Together:
    • Form a complete and complementary legal framework


One-Line Understanding
  • Qurʾān = principles
  • Sunnah = practical application of those principles










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