January 16, 2006
The Pillars of a Contract
Posted by Junaid Mirza under Basics and Definitions, Contracts and TransactionsThe pillars of a contract in Islam are two:
- Ijaab - the positive proposal; and
- Qabool - the acceptance.
The coming together of ijaab and qabool makes up the contract.
There are three other conditions that Kharofa specifies for a contact to be legally acceptable and impactful.
- the existence of two properly and aptly qualified contractors;
- a format; and
- a place of reference or subject matter.
Source: Kharofa, Ala’ Eddin. Transactions in Islamic Law. 2nd ed. Kuala Lumpur: A.S. Noordeen, 2000. 11-12.
September 10, 2006 at 7:36 am
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November 14, 2006 at 6:41 am
Further to the two pillars and three conditions necessary for a valid contract I should be grateful to know more about who qualifies as a properly and aptly qualified contractor under Islamic law. In particular I have not been able to ascertain whether women are considered to be properly and aptly qualified contractors? Any guidance would be appreciated. Kind regards.
November 14, 2006 at 6:42 am
Further to the two pillars and three conditions necessary for a valid contract I should be grateful to know more about who qualifies as an properly and aptly qualified contractor under Islamic law. In particular I have not been able to ascertain whether women are considered to be properly and aptly qualified contractors? Any help would be appreciated. Kind regards.
November 14, 2006 at 11:15 am
Peter,
Women are fully qualified to enter into contracts as they wish, as long as they, like men, are considered apt (i.e., sane, of age, etc.). Only exception to this is the contract of marriage, which according to the Maliki, Hanbali and Shafee schools of thought does not allow a woman who has never been married before to enter into a contract of marriage without her guardian’s approval. The Hanafi school of thought does not put this restriction. For divorced and widowed women, all schools agree that the woman can freely enter into a marriage contract.
Please let me know if you have any further questions on this.
Junaid
April 2, 2007 at 4:48 am
SIr
I would like to knoe about valid voidable and invalid contracts in Islam
kashyff@yahoo.com
April 2, 2007 at 4:48 am
SIr
I would like to knoe about valid voidable and invalid contracts in Islam
kashyff@yahoo.com
thanks
June 24, 2007 at 6:57 pm
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