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Islamic Contract Law – Technical Definitions of Contract (ʿAqd)
1. Definition by Al-Jurjani
Definition
Key Elements Identified
👉 Focus:
2. Definition in Majallat al-Ahkam al-Adliyyah (Mejelle)
Article 103
Key Emphasis
3. Further Clarification (Article 104)
Key Additions
4. Comparison of Both Definitions
Common Elements
Additional Insight from Mejelle
5. Key Insight
6. Simplified Understanding
Final Summary
One-Line Understanding
1. Definition by Al-Jurjani
Definition
- A contract is:
- “The linkage of the parties to a transaction by an offer and acceptance in a lawful manner.”
Key Elements Identified
- Offer (ijāb)
- Acceptance (qabūl)
- Lawful manner (Shariah compliance)
👉 Focus:
- Formation of contract through:
- Mutual agreement
2. Definition in Majallat al-Ahkam al-Adliyyah (Mejelle)
Article 103
- Contract is:
- “The parties binding themselves and undertaking to do a particular matter.”
- Also:
- Connection between offer and acceptance
Key Emphasis
- Binding commitment
- Mutual obligation
- Agreement on a specific matter
3. Further Clarification (Article 104)
- Contract is:
- “The connection of an offer with an acceptance in a lawful manner which produces legal effects on the subject matter.”
Key Additions
- Not just agreement
- Must:
- Produce legal consequences
4. Comparison of Both Definitions
Common Elements
- Offer and acceptance
- Lawful structure
- Binding nature
Additional Insight from Mejelle
- Emphasises:
- Legal effect on subject matter
- Focus on:
- Practical consequences
5. Key Insight
- Islamic contract definition revolves around:
- Connection (linkage) between parties
- But:
- Legally effective agreement
6. Simplified Understanding
- A contract in Islamic law is:
- Agreement between two parties
- Formed through:
- Offer + acceptance
- Must be:
- Lawful
- Must:
- Create legal consequences
Final Summary
- Al-Jurjānī
- Focus:
- Linkage through offer and acceptance
- Focus:
- Mejelle
- Expands:
- Binding obligation
- Legal effect
- Expands:
One-Line Understanding
- Islamic contract (ʿaqd) =
👉 “A lawful agreement formed by offer and acceptance that creates binding legal effects.”
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