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Islamic Contract Law – Will Theory (English Law) Comparison
1. What is Will Theory? (English Law)
Simple Example
2. Key Features of Will Theory
3. Examples of Will Theory
a. Negotiated Contract
b. Customised Agreements
c. Business Deals
4. Limitations of Will Theory
5. Comparison with Islamic Contract Law
A. Core Foundation
B. Freedom of Contract
C. Role of Morality
D. Binding Nature
6. Key Difference (Very Important)
Final Summary
One-Line Comparison
1. What is Will Theory? (English Law)
- Contract is based on the free will (intention) of the parties
- Emphasises:
- Freedom of contract
- Parties are free to decide:
- Whether to contract
- Terms of the contract
- A contract is binding because parties intended it
Simple Example
- A and B agree:
- A sells a car for RM5,000
- Both willingly agree
- There is mutual intention (meeting of minds)
2. Key Features of Will Theory
- Focus on:
- Consent and intention
- Emphasises:
- Freedom
- Autonomy of parties
- Law respects:
- What parties choose to agree on
3. Examples of Will Theory
a. Negotiated Contract
- Parties freely negotiate terms
- Example:
- Price, delivery, conditions
b. Customised Agreements
- Parties create their own terms
- Law enforces:
- Their chosen arrangement
c. Business Deals
- Companies structure contracts based on:
- Mutual consent and interests
4. Limitations of Will Theory
- Freedom is not absolute
- Law may restrict contracts involving:
- Illegality
- Fraud
- Misrepresentation
- Unfairness
5. Comparison with Islamic Contract Law
A. Core Foundation
- Will Theory (English Law)
- Contract based on:
- Intention and consent
- Contract based on:
- Islamic Contract Law
- Based on:
- Consent + obligation to fulfil
- Moral and legal responsibility
- Based on:
B. Freedom of Contract
- English Law
- Strong emphasis on:
- Freedom to contract
- Strong emphasis on:
- Islamic Contract Law
- Freedom exists but is:
- Limited by Shariah principles
- Must avoid:
- Riba (interest)
- Gharar (excessive uncertainty)
- Unlawful subject matter
- Freedom exists but is:
C. Role of Morality
- English Law
- Focus on:
- Legal validity
- Focus on:
- Islamic Contract Law
- Combines:
- Legal + ethical + religious values
- Combines:
D. Binding Nature
- Will Theory
- Binding because:
- Parties intended it
- Binding because:
- Islamic Contract Law
- Binding because:
- Parties agreed
- And must fulfil obligations as a duty
- Binding because:
6. Key Difference (Very Important)
- Will Theory
- Contract = expression of free will
- Islamic Contract Law
- Contract = binding commitment governed by law and morality
Final Summary
- Will theory focuses on:
- Freedom and intention of parties
- Islamic contract law:
- Accepts intention
- But adds:
- Moral responsibility
- Religious accountability
- Substantive limits (Shariah rules)
One-Line Comparison
- Will theory = “What parties intend becomes law”
- Islamic contract law = “What parties agree must be lawful and fulfilled”
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