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Ahmad
of the persons, having legal title to another person. Such transfer is implemented by means of a mutual liability called
contract, which has a broader significance in Muhammadan Law than in English Law.
Meaning
(a) Derivation
As a term of Islamic jurisprudence aqd means conjunctions of the elements of disposition, namely, proposed (Aijab)
Definition
(a) Article 3 of Al Mujallah
The obligations and engagements of two contracting persons in respect of particular matter. It expresses combination
A contract is The conjunction of the elements of disposition namely offer and acceptance.
Essentials of Contract
Islamic Law specifies following four essentials of a valid contract.
involved.
must be two parties, one parties, one party should make a proposal and the other should accept it.
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Islamic Jurisprudence Shabir
Ahmad
Illustration
A owns two houses, one in Karachi and second in Hyderabad. B offers him to buy one of his houses. B wants to buy
the house in Karachi and pursuance of the object he makes offer, but on the other hand. A accepts his offer
considering the house in Hyderabad as the subject matter of the contract. The contract is not valid because their
regarded as the dominant idea of a contract in Muhammadan Law that it establishes a tie of legal relations arising
from the consent of the minds of two persons to deal with each other in respect of certain rights.
Illustration
A sells or gives an object to B. the former consents to pass on his proprietary rights therein to the latter who consent:
to take the property with whatever obligations might be incidental thereto, such as the liability to pay taxes if the
subject matter of the transaction be land, and to feed if the thing sold or given be an animal and in the case of sale,
also to pay the price. In the case of a gift, on the other hand, there is the moral obligation of gratitude on the part of
the done towards the donor, and Muhammadan Law does not ignore the moral aspect of a transaction.
Formation of Contract
Generally, Muhammadan Law does not require any formality such as English law but the following requirements have
called proposal and the second declaration is called acceptance. The two minds must be in agreement otherwise
such.
Illustration
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Islamic Jurisprudence Shabir
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A man proposes face to face to another to sell his horse to him, if the person addressed leaves the place without
signifying his acceptance the offer comes to an end, because there is no obligation on the owner of the horse to keep
But, if the offer is communicated by means of a messenger or a letter, the meeting for the purpose of acceptance is
held to be at the place and time the message reaches the person for whom the offer was intended. If the person then
relation particular kind of disposition. What is meant is that when a man has used plain language, there is not need
for inquiry as to what he meant, but such an inquiry becomes necessary when he has used ambiguous language. It is
not to be supposed that so far as contracts and dispositions relating to property are concerned that the mere
utterance of certain words without the corresponding intention as understood in Muhammadan Law, would effectuate
Conditions of a Contract
Following conditions are provided under Islamic Law for the validity of a contract
contract or disposition have not the necessary capacity, contract would be void altogether.
subject matter is not fit for he purpose, the contract relating there to would be void altogether.
Illustration
If A and B enter into a contract for the sale of a horse and while they discuss the sale price, the horse dies, there is no
consent, as the subject of the contract itself is extinct. Similarly, a marriage within prohibitory relationship is void ab
initio.
Illustration
The contract of marriage must be based on the free consent of parties; if the consent is not free the marriage is not
It is again necessary that a contract for an article which does not exist or which is defective apparently or otherwise is
ineffective is void.
(v) Consideration
This is an important factor but it can explained that in agreements where price is a deciding factor, the consideration
surely passes on to the other. As regards agreement of gift though there is no exchange of consideration, yet
Final Analysis
Hence for final analysis, we can say that a contract is a binding agreement between two parties which is
legally enforceable. The Rules regarding contract under Islamic law is very strict. Under Islamic law for a valid
contract there must be present four causes in the contract viz., faalia and maddia and suria and ghayia. The first
essential of valid contract is that parties must have reached agreement. To constituents of an agreement are Ijab and
From the hadith, the Prophet (PBUH) expressly stated that Muslims are bound by
their conditions (Narrated by Al-Bukhari), except condition to make lawful what is
unlawful and to make unlawful what is lawful (narrated as the continuance to the
first hadith by al-Asqalani)
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Islamic Jurisprudence Shabir
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Offer
SUBJECT MATTER
Muslim jurists had laid down four conditions for the subject matter:
2. It can be delivered
3. It can be ascertained
Acceptance
O you who believe! When you deal with each other in transactions involving future obligations in a
Qur'an 2: 282
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