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Islamic Contract Law – Bargain Theory vs Will Theory vs Islamic Contract Law 


1. Core Foundation
  • Bargain Theory (English Law)
    • Contract based on exchange (consideration)
  • Will Theory (English Law)
    • Contract based on intention and free will
  • Islamic Contract Law
    • Contract based on:
      • Consent + obligation to fulfil + moral duty


2. Key Requirement
  • Bargain Theory
    • Must have:
      • Consideration (something in return)
  • Will Theory
    • Must have:
      • Mutual intention (meeting of minds)
  • Islamic Contract Law
    • Must have:
      • Offer + acceptance
      • Consent
      • Lawful subject matter


3. Role of Consideration
  • Bargain Theory
    • ✅ Essential
  • Will Theory
    • ⚠️ Important but not the main focus
  • Islamic Contract Law
    • ❌ Not required in strict sense


4. Role of Intention
  • Bargain Theory
    • Secondary to exchange
  • Will Theory
    • ✅ Central element
  • Islamic Contract Law
    • ✅ Important but combined with:
      • Legal + moral responsibility


5. Scope of Contract
  • Bargain Theory
    • Narrow:
      • Focus on economic exchange
  • Will Theory
    • Broader:
      • Focus on agreements generally
  • Islamic Contract Law
    • Broadest:
      • Includes:
        • Commercial contracts
        • Promises (ʿahd)
        • Oaths (yamīn)


6. Freedom of Contract
  • Bargain Theory
    • Recognised
  • Will Theory
    • Strongly emphasised
  • Islamic Contract Law
    • Allowed but:
      • Limited by Shariah rules


7. Moral Dimension
  • Bargain Theory
    • ❌ Minimal
  • Will Theory
    • ⚠️ Limited
  • Islamic Contract Law
    • ✅ Strong moral + religious element


8. Binding Nature
  • Bargain Theory
    • Binding due to:
      • Exchange
  • Will Theory
    • Binding due to:
      • Intention
  • Islamic Contract Law
    • Binding due to:
      • Agreement + duty to fulfil (religious + legal)


9. Simple Examples
  • Bargain Theory
    • Sell laptop → get money
  • Will Theory
    • Parties freely agree on contract terms
  • Islamic Contract Law
    • Sale, promise to donate, oath to perform act


Final Summary
  • Bargain Theory
    • Focus = exchange (consideration)
  • Will Theory
    • Focus = intention (free will)
  • Islamic Contract Law
    • Focus = obligation + morality + lawful agreement


One-Line Memory Trick
  • Bargain = Exchange
  • Will = Intention
  • Islamic law = Obligation + Ethics



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​Islamic Contract Law – Will Theory (English Law) 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
👉 Key idea:
  • A contract is binding because parties intended it


Simple Example
  • A and B agree:
    • A sells a car for RM5,000
  • Both willingly agree
👉 Contract is valid because:
  • 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
  • Islamic Contract Law
    • Based on:
      • Consent + obligation to fulfil
      • Moral and legal responsibility


B. Freedom of Contract
  • English Law
    • Strong emphasis on:
      • Freedom to contract
  • Islamic Contract Law
    • Freedom exists but is:
      • Limited by Shariah principles
    • Must avoid:
      • Riba (interest)
      • Gharar (excessive uncertainty)
      • Unlawful subject matter


C. Role of Morality
  • English Law
    • Focus on:
      • Legal validity
  • Islamic Contract Law
    • Combines:
      • Legal + ethical + religious values


D. Binding Nature
  • Will Theory
    • Binding because:
      • Parties intended it
  • Islamic Contract Law
    • Binding because:
      • Parties agreed
      • And must fulfil obligations as a duty


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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Islamic Contract Law – Bargain Theory (English Law) Comparison


1. What is Bargain Theory? (English Law)
  • A contract is based on a bargain (exchange) between parties
  • Each party must:
    • Give something
    • Receive something in return
👉 This “something” is called consideration


Simple Example
  • A sells a laptop to B for RM1000
  • A gives: laptop
  • B gives: RM1000
👉 This exchange = bargain → valid contract


2. Key Features of Bargain Theory
  • Focus on:
    • Exchange of value
  • Requires:
    • Consideration
  • Principle:
    • “No consideration = no contract”
  • Law is concerned with:
    • What is exchanged, not morality


3. Examples of Bargain Theory
a. Sale Contract
  • Goods exchanged for money
  • Profit comes from:
    • Price difference


b. Service Contract
  • Work/services exchanged for payment


c. Debt Agreement
  • Loan given → repayment promised


4. What is NOT a Bargain (in English Law)
  • Pure promise:
    • “I will give you RM1000” ❌
  • No exchange → no consideration
👉 Not a valid contract (unless formalised as a deed)


5. Comparison with Islamic Contract Law
A. Core Foundation
  • Bargain Theory (English Law)
    • Based on:
      • Exchange (consideration)
  • Islamic Contract Law
    • Based on:
      • Fulfilment of obligations
      • Moral + legal duty


B. Role of Consideration
  • English Law
    • Essential requirement
  • Islamic Contract Law
    • Not required in the same strict sense
    • Focus is on:
      • Consent
      • Lawful subject matter


C. Treatment of Promises
  • English Law
    • Not binding without consideration
  • Islamic Contract Law
    • Can be binding:
      • Morally
      • Sometimes legally


D. Focus of the System
  • English Law
    • Economic exchange
    • Legal enforceability
  • Islamic Contract Law
    • Ethical responsibility
    • Justice and fairness


6. Key Difference (Very Important)
  • Bargain Theory
    • Contract = exchange of value
  • Islamic Contract Law
    • Contract = binding obligation that must be fulfilled


Final Summary
  • Bargain theory explains contracts as:
    • Mutual exchange (consideration-based)
  • Islamic contract law is broader:
    • Includes:
      • Exchange-based contracts
      • Non-exchange obligations (promises, covenants, oaths)


One-Line Comparison
  • Bargain theory = “You give something, I give something”
  • Islamic contract law = “Once you commit, you must fulfil”


If you want, we can move next to will theory—it’s another key comparison often asked in exams.

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Islamic Contract Law – Express vs Implied Contracts (Comparison with English & Malaysian Law)


1. Recognition of Contracts
  • Islamic Contract Law
    • Recognises:
      • Express contracts
      • Implied contracts (by conduct and custom – ʿurf)


  • English Law
    • Recognises:
      • Express contracts
      • Implied contracts (by conduct, facts, or law)


  • Malaysian Law
    • Based on Contracts Act 1950
    • Also recognises:
      • Express contracts
      • Implied contracts (similar to English law)


2. Express Contracts
Definition
  • Terms are clearly stated


Examples (All Systems)
  • Oral:
    • “I sell you this for RM500”
  • Written:
    • Signing a lease agreement


Key Point
  • All three systems:
    • ✅ Fully recognise express contracts


3. Implied Contracts
Islamic Contract Law
  • Based on:
    • Conduct (actions)
    • Custom (ʿurf)
  • Example:
    • Taking goods in a shop → paying at counter


English Law
  • Implied through:
    • Conduct
    • Circumstances
    • Court implication
  • Example:
    • Boarding a bus → obligation to pay fare


Malaysian Law
  • Follows English law approach
  • Implied from:
    • Conduct and surrounding facts


4. Formation (Offer & Acceptance)
  • Islamic Contract Law
    • Can be:
      • Oral
      • Written
      • By conduct


  • English Law
    • Same:
      • Offer + acceptance may be implied


  • Malaysian Law
    • Same principle applies


5. Key Requirement for Validity
  • Islamic Contract Law
    • Requires:
      • Legal capacity (ahliyyah)
      • Consent


  • English Law
    • Requires:
      • Capacity
      • Consideration
      • Intention


  • Malaysian Law
    • Requires:
      • Capacity
      • Consideration
      • Intention


6. Role of Custom (Important Difference)
  • Islamic Contract Law
    • Custom (ʿurf) plays a major role
    • Can determine:
      • Terms of contract


  • English Law
    • Custom plays:
      • Limited role


  • Malaysian Law
    • Custom recognised but:
      • Less central than Islamic law


7. Freedom of Contract
  • Islamic Contract Law
    • Allows freedom:
      • BUT limited by Shariah


  • English Law
    • Strong freedom of contract


  • Malaysian Law
    • Similar to English law


Final Summary
  • All three systems recognise:
    • Express contracts
    • Implied contracts
  • Key differences:
    • Islamic law emphasises:
      • Custom (ʿurf) and moral framework
    • English & Malaysian law emphasise:
      • Consideration and legal structure


One-Line Comparison
  • Islamic law = flexible (words, conduct, custom)
  • English & Malaysian law = similar structure, but more legal-technical





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Islamic Contract Law – Express and Implied Contracts (Notes with Examples)


1. Recognition in Islamic Law
  • Islamic law recognises:
    • Express contracts
    • Implied contracts
  • Similar to:
    • Common law (contracts by conduct also recognised)


2. Express Contract (ʿAqd Ṣarīḥ)
Meaning
  • A contract where:
    • Terms are clearly stated
  • Can be made:
    • Orally
    • In writing


Examples
  • Oral:
    • A says: “I sell you this phone for RM500”
    • B says: “I accept”
  • Written:
    • Signing a tenancy agreement
    • Written sale contract
👉 Clear offer + acceptance = express contract


3. Implied Contract (ʿAqd Ḍimnī)
Meaning
  • A contract formed through:
    • Conduct (actions)
    • Customary practice (ʿurf)
  • No explicit words needed


Examples
  • By Conduct
    • Taking goods from a shop and paying at the counter
    • Boarding a bus and paying fare
👉 No words spoken, but agreement is understood


  • By Custom (ʿUrf)
    • Hiring a taxi:
      • Fare is understood based on normal practice
    • Restaurant service:
      • Customer eats → expected to pay
👉 Based on social/customary understanding


4. Forms of Offer and Acceptance in Islamic Law
  • Can be expressed through:
    • Oral communication
    • Written agreement
    • Conduct/actions
👉 All are valid as long as:
  • Consent is present


5. Key Requirement for Valid Contract
  • Legal Capacity (Ahliyyah)
    • Parties must:
      • Be legally competent
      • Understand the transaction


Examples
  • Valid:
    • Adult entering a sale contract
  • Invalid:
    • Minor without capacity entering a complex contract


6. Principle of Freedom of Contract
  • Islamic law recognises:
    • Party autonomy
  • Parties are free to:
    • Enter contracts
    • Choose terms
👉 BUT:
  • Subject to:
    • Shariah limitations (no riba, no gharar, etc.)


7. Key Insight
  • Islamic contract law is:
    • Flexible in form (oral, written, conduct)
  • But strict on:
    • Consent and capacity


Final Summary
  • Express contract
    • Clear terms (oral or written)
  • Implied contract
    • Based on conduct or custom
  • Both are valid if:
    • Parties have legal capacity
    • There is consent


One-Line Understanding
  • Islamic law recognises contracts:
    • “By words, by writing, or by actions—so long as parties understand and consent.”




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Islamic Contract Law – Development of a “Law of Contracts” ​

1. Emergence of a “Law of Contracts”
  • Early Muslim jurists did not create a single unified theory of contract
  • Instead, they developed:
    • Specific rules for different types of contracts
  • This approach is referred to as:
    • A “law of contracts” (as described by Hussein Hassan)
👉 Meaning:
  • Each contract type has its own rules and structure


2. Classification of Contracts
A. Nominate Contracts (ʿUqūd Muʿayyana)
  • Contracts with:
    • Specific names and established rules
  • Examples:
    • Sale (bayʿ)
    • Lease (ijārah)
    • Partnership (mushārakah)
👉 These are:
  • Clearly defined and widely recognised


B. Innominate Contracts (Ghayr al-Muʿayyana)
  • Contracts that:
    • Do not fall under specific classical categories
  • More flexible:
    • Developed based on needs and circumstances
👉 Allowed as long as:
  • They comply with Islamic principles


3. Result of This Classification
  • Led to the development of:
    • A structured body of contract rules
  • Even without a formal theory:
    • Islamic law effectively created a functional contract system


4. Debate Among Scholars
  • Some scholars argue:
    • Islamic law has a general theory of contract
  • Others argue:
    • No formal theory exists because:
      • Classical jurists did not systematise it


5. Four Core Principles as a “General Theory”
Even without a formal theory, Islamic contract law can be understood through four key principles:


1. الأصل في المعاملات الإباحة (Permissibility Principle)
  • الأصل:
    • All commercial transactions are permissible by default
  • Unless:
    • Specifically prohibited


2. Prohibition of Certain Elements
  • Contracts must avoid:
    • Ribā (interest)
    • Gharar (excessive uncertainty)
👉 Ensures:
  • Fairness and transparency


3. Obligation to Fulfil Contracts
  • Parties must:
    • Honour their agreements
  • Based on:
    • Qurʾānic command


4. Prohibition of Unjust Enrichment
  • Cannot:
    • Consume others’ property unjustly
  • Prevents:
    • Exploitation and fraud


6. Key Insight
  • Islamic contract law:
    • Developed practically, not theoretically
  • But these principles:
    • Function like a general framework


Final Summary
  • Classical jurists:
    • Focused on individual contract types, not abstract theory
  • However:
    • A general theory can be inferred from:
      • Permissibility
      • Prohibitions (ribā, gharar)
      • Obligation to fulfil
      • Protection of property


One-Line Understanding
  • Islamic contract law =
    “A practical system of specific contracts guided by overarching principles rather than a formal theory.”

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Islamic Contract Law – Positive Law vs Normative Law vs Islamic Law 


1. Positive Law (Modern Legal Systems)
  • Meaning
    • Law created by:
      • State or sovereign authority
    • Example:
      • Statutes, legislation, regulations
  • Key Features
    • Based on:
      • Command of authority
    • Focus on:
      • Legal enforceability
    • Does NOT depend on:
      • Morality or ethics
  • Scholars
    • Influenced by Jeremy Bentham and John Austin
  • Example
    • A law requiring:
      • Contracts to have consideration
    • Binding because:
      • It is enacted by authority


2. Normative Law (Moral/Ethical System)
  • Meaning
    • Law based on:
      • Values, ethics, and moral standards
    • Focus on:
      • What ought to be done
  • Key Features
    • Appeals to:
      • Conscience
    • Encourages:
      • Good behaviour
    • Not always legally enforceable
  • Examples
    • Be honest in trade
    • Fulfil promises
    • Avoid harming others


3. Islamic Law (Combination of Both)
  • Meaning
    • Law derived from:
      • Qurʾān
      • Sunnah
  • Nature
    • Combines:
      • Normative (moral guidance)
      • Positive (binding legal rules)


4. Key Characteristics of Islamic Law
  • A. Moral Foundation
    • Appeals to:
      • Conscience
      • Faith
    • Example:
      • Encouragement to act fairly


  • B. Legal Binding Force
    • Some rules are:
      • Legally enforceable
    • Example:
      • Obligation to fulfil contracts


  • C. Use of Different Forms
    • Commands
    • Prohibitions
    • Warnings
    • Rewards and punishments


  • D. Integration of Law and Morality
    • No strict separation between:
      • Legal rules
      • Moral values


5. Key Differences (Note Form)
  • Positive Law
    • Source:
      • State authority
    • Focus:
      • Enforcement
    • Nature:
      • Technical and formal


  • Normative Law
    • Source:
      • Moral values
    • Focus:
      • Ethical behaviour
    • Nature:
      • Persuasive


  • Islamic Law
    • Source:
      • Divine revelation
    • Focus:
      • Both morality and legal obligation
    • Nature:
      • Integrated system


6. Application in Contract Law
  • Positive Law
    • Contract valid if:
      • Legal requirements met


  • Normative Law
    • Contract judged by:
      • Fairness and ethics


  • Islamic Contract Law
    • Contract must be:
      • Legally valid + morally acceptable


Final Summary
  • Positive law
    • “Follow the law because authority commands it”
  • Normative law
    • “Act rightly because it is morally good”
  • Islamic law
    • “Act rightly because it is morally right and legally required by God”


One-Line Comparison
  • Positive = Authority
  • Normative = Morality
  • Islamic law = Morality + Divine authority + Legal obligation

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Islamic Contract Law – Real Clause Comparison (Islamic vs English Drafting)


1. Scenario: Financing a Property


A. English Law Clause (Conventional Loan)
The Lender agrees to lend RM1,000,000 to the Borrower.
The Borrower shall repay the Loan together with interest at the rate of 5% per annum.
Repayment shall be made in monthly instalments over a period of 10 years.
Key Features
  • Based on:
    • Loan + interest (consideration)
  • Focus:
    • Repayment obligation
  • No requirement for:
    • Asset involvement
  • Purely financial transaction


2. Islamic Contract Clause (Shariah-Compliant Structure – Ijārah Example)
The Financier shall acquire the Property and lease it to the Customer for a fixed term.
The Customer agrees to pay rental in agreed instalments for the use of the Property.
Ownership of the Property shall remain with the Financier during the lease period.
Key Features
  • Based on:
    • Asset (property)
  • Structure:
    • Lease (ijārah), not loan
  • Return:
    • Rental (not interest)
  • Reflects:
    • Real economic activity


3. Additional Islamic Clause (Shariah Compliance)
The Parties agree that this Agreement shall comply with Shariah principles.
Any provision found to be non-compliant shall be amended to ensure conformity with Shariah requirements.
Key Features
  • Ensures:
    • Religious and legal compliance
  • Adds:
    • Moral + legal dimension


4. Risk Allocation Clause Comparison
English Law
The Borrower shall bear all risks associated with the Property, including damage or loss, and shall remain liable to repay the Loan in full.
  • Risk:
    • Placed entirely on borrower


Islamic Contract
The Financier, as owner of the Property, shall bear ownership-related risks.
The Customer shall be responsible for usage-related obligations during the lease period.
  • Risk:
    • Shared based on ownership and use


5. Key Differences from Clauses
  • English Law
    • Loan-based
    • Interest-driven
    • Risk can be one-sided
    • Focus on:
      • Legal enforceability


  • Islamic Contract Law
    • Asset-based
    • Profit/rent-driven
    • Risk-sharing
    • Includes:
      • Shariah compliance + ethical considerations


Final Insight
  • Even though both contracts may:
    • Achieve similar economic outcomes
👉 They are fundamentally different in:
  • Structure
  • Legal theory
  • Moral foundation


One-Line Comparison
  • English clause = “Repay money with interest”
  • Islamic clause = “Use asset and pay rent lawfully.  

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Islamic Contract Law – How These Theories Affect Contract Drafting (Islamic vs English Law)


1. Starting Point of Drafting
  • Islamic Contract Law
    • Starts with:
      • Shariah principles (what is lawful/ethical)
    • Then:
      • Legal structure is built around it
 
  • English Law
    • Starts with:
      • Legal requirements (offer, acceptance, consideration)
    • Focus:
      • Enforceability in court


2. Role of Language in Contracts
  • Islamic Contracts
    • Emphasise:
      • Clarity (no ambiguity / gharar)
      • Fairness
    • Avoid:
      • Uncertainty
      • Exploitation
 
  • English Contracts
    • Emphasise:
      • Precision and technical wording
    • Often include:
      • Detailed clauses to cover all risks


3. Structure of Obligations
  • Islamic Contracts
    • Must ensure:
      • Real economic activity
      • Asset-backed transactions
    • Prohibit:
      • Interest (riba)
      • Excessive uncertainty
 
  • English Contracts
    • More flexible:
      • Parties can agree to almost anything
    • As long as:
      • It is legal and meets formal requirements


4. Moral vs Legal Emphasis
  • Islamic Contracts
    • Combine:
      • Legal obligation
      • Moral and religious responsibility
  • Example:
    • A party should not exploit loopholes even if legally possible
 
  • English Contracts
    • Focus on:
      • Legal enforceability only
  • Example:
    • If a clause allows advantage, party may rely on it


5. Risk Allocation
  • Islamic Contracts
    • Risk must be:
      • Shared fairly
    • Profit must be linked to:
      • Risk and effort
 
  • English Contracts
    • Risk can be:
      • Allocated freely
    • One party may bear most risk


6. Example (Very Clear Comparison)
Scenario: Financing a Building Project
  • Islamic Contract
    • Structure:
      • Based on asset (e.g., lease or partnership)
    • Return:
      • Rent or profit
    • Requirement:
      • Must comply with Shariah
 
  • English Contract
    • Structure:
      • Loan agreement
    • Return:
      • Interest
    • Requirement:
      • Legal validity only


7. Practical Reality (Very Important)
  • Modern Islamic finance contracts often:
    • Use English legal drafting style
    • But incorporate:
      • Shariah-compliant structures
👉 Result:
  • Hybrid contracts


8. Key Insight
  • Difference in theory leads to difference in drafting:
    • Islamic law → ethical + legal drafting
    • English law → technical legal drafting


Final Summary
  • Islamic contract drafting:
    • Focus = lawfulness + fairness + moral responsibility
  • English contract drafting:
    • Focus = enforceability + precision + risk allocation


One-Line Understanding
  • Islamic contracts = “Must be lawful, fair, and fulfilled”
  • English contracts = “Must be clear, valid, and enforceable”​

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Islamic Contract Law – Nature of Divine Law vs Modern Positive Law
1. Key Idea
  • The style and nature of legal rules in:
    • Islamic law (Qurʾān & Sunnah)
    • Modern statutory law
  • Are fundamentally different


2. Nature of Islamic Law (Qurʾān & Sunnah)
A. Appeals to Conscience (Normative Approach)
  • Islamic law:
    • First appeals to the individual’s conscience
  • Reflects:
    • Moral and spiritual guidance, not just legal commands


B. Forms of Expression (with Examples)
  • Persuasion
    • Encouraging good behaviour
    • Example:
      • Encouragement to be honest in trade


  • Warnings
    • Strong discouragement of wrongful acts
    • Example:
      • Warning against cheating or injustice


  • Benefit vs Harm
    • Explains consequences of actions
    • Example:
      • Fair dealings → benefit
      • Fraud → harm


  • Reward and Punishment (Eschatological)
    • Linked to:
      • Afterlife consequences
    • Example:
      • Fulfilling contracts → reward
      • Breaking promises → punishment


👉 Overall:
  • Law is:
    • Moral + spiritual + legal


3. Nature of Modern Positive Law
A. Based on Positivist Theory
  • Influenced by:
    • Jeremy Bentham
    • John Austin


B. Key Characteristics
  • Law is:
    • Command of a sovereign authority
  • Focus on:
    • Legal enforceability, not morality
  • No emphasis on:
    • Persuasion
    • Moral appeal
    • Spiritual consequences


C. Example
  • Statutory rule:
    • “A contract must have consideration”
👉 No explanation of:
  • Moral good or bad
  • Only:
    • Legal requirement


4. Key Differences (Note Form)
  • Islamic Law
    • Appeals to:
      • Conscience
      • Morality
      • Faith
    • Uses:
      • Persuasion, warnings, rewards


  • Modern Positive Law
    • Based on:
      • Authority and command
    • Focus:
      • Enforcement and compliance


5. Why This Matters for Islamic Contract Law
  • Islamic contract law:
    • Is not purely technical
    • Rooted in:
      • Ethical and religious values
  • Contracts are:
    • Not just legal agreements
    • But also:
      • Moral commitments


Final Summary
  • Islamic law:
    • Guides behaviour through moral and spiritual appeal
  • Modern law:
    • Imposes rules through authority and enforcement
👉 Understanding this helps explain why:
  • Islamic contract law emphasises:
    • Fulfilment of obligations
    • Ethics in transactions


One-Line Understanding
  • Islamic law = “Obey because it is right”
  • Positive law = “Obey because it is required”



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