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​Islamic Contract Law – Ṣīghah (Offer & Acceptance) Simplified Notes


1. Meaning of Ṣīghah
  • Ṣīghah refers to:
    • Expression of intention by contracting parties
  • It shows:
    • Willingness to enter into a contract
    • Agreement to be bound by obligations


👉 It is manifested through:
  • Offer (ijāb)
  • Acceptance (qabūl)


2. Offer (Ijāb) and Acceptance (Qabūl)
  • Ijāb
    • Statement proposing the contract
  • Qabūl
    • Statement agreeing to the offer


👉 Together:
  • Form the contract (ʿaqd)


3. Majority View (Non-Hanafi Jurists)
  • Definition based on:
    • Transfer of ownership


Position
  • Ijāb
    • Comes from:
      • Person transferring ownership
      • (e.g., seller)
 
  • Qabūl
    • Comes from:
      • Person receiving ownership
      • (e.g., buyer)


👉 Important:
  • Not based on:
    • Who speaks first
  • Based on:
    • Role in transaction


Example
  • Seller: “I sell this for RM100” → ijāb
  • Buyer: “I accept” → qabūl


4. Hanafi View
  • Definition based on:
    • Sequence of statements


Position
  • Ijāb
    • First statement of intent
    • Can come from:
      • Either party
 
  • Qabūl
    • Response to that offer


Example
  • Buyer: “I want to buy this for RM100” → ijāb
  • Seller: “I accept” → qabūl


👉 Here:
  • Buyer gives offer (ijāb), not seller


5. Key Difference
  • Majority View
    • Based on:
      • Transfer of ownership
 
  • Hanafi View
    • Based on:
      • Who initiates the statement


6. Key Insight
  • Both views agree:
    • Offer and acceptance must:
      • Reflect mutual consent
👉 Difference is only:
  • How ijāb and qabūl are identified


Final Summary
  • Ṣīghah:
    • Expression of agreement
  • Ijāb:
    • Offer
  • Qabūl:
    • Acceptance
  • Majority:
    • Based on ownership roles
  • Hanafis:
    • Based on sequence of statements


One-Line Understanding
  • Ṣīghah =
    👉 “Clear expression of mutual consent through offer and acceptance.”




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