LAW

Published on
Islamic Contract Law – Summary (Definition of Contract from Arabic Terms Onwards)​

1. Key Arabic Terms for “Contract”
  • Mīthāq (Covenant)
    • A highly solemn and sacred agreement
    • Example:
      • Marriage
      • Covenant with Allah


  • ʿAhd (Promise / Undertaking)
    • A commitment or promise
    • May be:
      • Moral or sometimes legal


  • ʿAqd (Contract)
    • A binding agreement between two parties
    • Most suitable term for:
      • Modern commercial contracts


2. Technical Definition of Contract (ʿAqd)
  • Defined by scholars such as:
    • Al-Jurjani
    • Muhammad Abu Zahrah


Core Definition
  • A contract is:
    • A linkage between offer and acceptance
    • Made in a lawful manner
    • Producing legal effects on one or both parties


3. Key Characteristics of a Contract
  • Requires:
    • At least two parties
  • Based on:
    • Mutual consent (tarāḍī)
  • Must be:
    • Free from:
      • Coercion or duress
  • Must involve:
    • Lawful subject matter


4. Essential Pillars of a Contract
Majority View
  • Ṣīghah (offer & acceptance)
  • Contracting parties
  • Subject matter


Hanafi View
  • Ṣīghah is:
    • The main essential pillar


5. Role of Ṣīghah (Offer & Acceptance)
  • Most important component
  • Represents:
    • Declaration of consent


6. Legal Effect of Contract
  • A valid contract:
    • Creates:
      • Rights and obligations


Example
  • Sale:
    • Buyer must pay
    • Seller must deliver


7. Key Insight
  • Islamic contract law focuses on:
    • Consent + lawfulness + legal effect


Final One-Line Definition
👉 A contract (ʿaqd) is a lawful agreement between two parties, formed through offer and acceptance, which creates binding legal rights and obligations.

Picture
0 Comments

Author

Learn the fact about law