The Pillars of a Contract

The pillars of a contract in Islam are two:

  1. Ijaab – the positive proposal; and
  2. 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.

  1. the existence of two properly and aptly qualified contractors;
  2. a format; and
  3. 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.

Advertisements

11 Comments

Filed under Basics and Definitions, Contracts and Transactions

11 responses to “The Pillars of a Contract

  1. FINANCE, personal finance, business finance, Financial economics, Experimental finance, Financial instruments – best web resources for finance, search information site.
    …Personal financial decisions may involve paying for education, financing durable goods such as real estate and cars, buying insurance, e.g. health and property insurance, investing and saving for retirement.

  2. 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.

  3. 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.

  4. 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

  5. kashif

    SIr
    I would like to knoe about valid voidable and invalid contracts in Islam
    kashyff@yahoo.com

  6. kashif

    SIr
    I would like to knoe about valid voidable and invalid contracts in Islam
    kashyff@yahoo.com

    thanks

  7. Hassan Rizwan

    Does anyone have any reference from the Hadith related to forced employment or employment contracts in which employers force the employees to work despite their unwillingness to do so?

  8. Hello. Can you explain the last part, a little bit more please.?

  9. This article is really helpful for getting a general knowledge about Islamic Economics. However, you can read this one for more information about;

    http://islam-economy.org/why-interest-is-prohibited-in-islam/

  10. Thanks for the post. this is a great and informative post for real. Nobody can say it otherwise. I hope you guys going to have chance to study in Turkey.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s