Condition of Contract: Bindingness Condition

Hanis Hazwani Bt Ahmad

817801

Aini Nur Hajjar Bt Khairol Nizam

818869

There are four sets of conditions that must be fulfilled by a sale contract. The conditions included
the conditions of assembling or conclusion (shurut al-iniqad), conditions of validness (shurut
al-sihhah), conditions of effectuate or execution (shurut al-nafaz) and conditions of implication
or bindingness (shurut al-luzum). These conditions existed in order to avoid disagreement. Other
than that it is needed to ensure the right of the parties involved in the contract is protected.
One of the conditions that we will focus is the condition of bindingness. This condition will
come into consideration only after the condition of conclusion and executability. For this
condition of bindingness to be fulfilled, the contract must be devoid of all options that allow one
of the parties to void the contract. Option in its absolute sense is therefore the right given to both
parties or to either one to accept or rescind the contract. There are several types of options that
could make the contract void. The options are condition options (khiyar al-shart), description
options (wasf), price payment options (naqd), identification options (takyin), inspection options
(ruya), defect options (aib) or deception options (ghubn maa al-taghrir). The parties related in
the contract have a right to nullify the contract when any of these options exist in the sale
contract.
As for an example, the contract could be void if the defect option is appear in the contract.
Defect option is an option with regard to defect which the goods can be returned if it found to be
defective. This kind of option is available even if no such condition is included in the contract if
the defect was not brought to the notice of the buyer at the time of the contract and the defect
caused a visible decrease in the value of the sold goods. However, according to Hanafis the
contract is valid if the seller declares at the time of the contract that he will not be held
responsible for any defect in the commodity.
In nutshell, conditions of bindingness are important to be fulfilled in order for the implication of
the contract comes into effect. In addition, it has examined other related term namely, shurut al
luzum.