Ingredients of a valid contract in Islamic law

Ingredients of a valid contract in Islamic law

Ingredients of a valid contract in Islamic law

1) Introduction

Generally contract forms when one person offers and another person accepts it. Contract is A legal agreement between the parties and a valid contract is enforceable by the law according to the rules that prevail. As the safety of property or ownership is a legal right of the people and the state plays a pivotal role in preventing transactions among people in the shape of a contract

2) Definition 

An agreement that creates an Obligation and is enforceable by law. The basic element of an agreement is the mutual consent of the parties

3) Literal and legal meaning meaning

It means “Tie” and “Knot”. Legally it means any statement that legally binds the parties to fulfill an obligation to do something or not to do something in a legal way

4) Importance of contract according to Quran and Sunnah

The following verse of the Holy Quran shows the importance of the contract. The verse is as under

As Quran Says:

“O YE WHO BELIEVE FULFILL YOUR AGREEMENTS”

As Hadith Says:

“HE WHO HAS NO RESPECT FOR KEEPING PROMISES, DOES NOT POSSESS DEEN”

5) Formation of Contract

The contract is a branch of civil law. ... A contract arises when all the parties agree that there is an agreement. Formation of a contract generally requires an offer, acceptance, consideration, and mutual consent to be bound

6) Essentials of contract in Muhammadan Law

Following are the essentials of a contract

1) Plurality of Parties

The contract requires two parties at least because it is not possible without two parties

One person can’t create a valid contract

2) Capacity to enter into the contract

Parties must have the capacity to enter into the contract

They must be Sane,

Must be Major,

Must not be lunatic etc.

3) Legal relation

The contract must establish legal relations between the parties. The contract must legally bound the parties to fulfill their agreement conditions

4) Legal Contract

Contract must be legal or lawful it should not be contrary to Islamic legal law as well should not be contrary to public policy

5) Free Consent

Consent of the parties must be genuine it has not been taken by undue influence or fraud or illegal pressure etc

6) Offer and acceptance

Offer and acceptance are the major things of contract

One party makes a contract and the other party accepts it

Example:

An offer to sell his car to B

B accepts his offer. It is a contract

i. Conditions for offer and acceptance

The following are conditions for the offer and acceptance

a) Conformity of proposal and acceptance

If there is any conflict between offer and acceptance in this case it would not be a valid contract

Example:

A says to B. I have sold this car to you for 100. B replies I have accepted it for

8000. This is not a valid acceptance. There is no contract

b) Must be in the same session

Offer and acceptance should be at the same time. Otherwise, contract can’t be made

Example:

A says to B, I want to sell my house to you. B says nothing and leaves the place.

The offer comes to and ends, B can’t accept it later

c) Acceptance before the termination of the offer

Acceptance should be, before the termination of the offer. Otherwise, contact

can’t be made

7) Mahall al Aqd (Subject matter of Contract)

Mahall Al Aqd is the thing for which the agreement has been made. It is the same as the term

Consideration in English Law

Conditions of Mahall Al Aqd(Thing)

Following are the conditions of Mahall al Aqd

  1. Thing must be available at the time of contract
  2. Thing must be deliverable at the time of contract
  3. Must be in the notice of the parties

8) Fitness of Mahall

 If the subject matter does not fit according to the prescription in this case contract will be cancelled altogether

7) Conclusion

The law of contract is similar to Western law. The major factor is to establish a legal relationship between the parties. It is the most frequent mode of acquisition of ownership

Ikyan Shah (Advocate High Court)
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