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Khairuddin Zakaria email@example.com
Contract is: “Conjunction of a proposal or ijab and an acceptance or qabul.” Another definition is: “Conjunction of the elements of disposition, namely, proposal (ijab ) and acceptance (qabul).” Connection between offer and acceptance
The prerequisites of Shariah contracts
The prerequisites of Shariah contract
Subject Matter of contract (Mawdu’ Al Aqd)
The two contracting parties (Al Aqidan)
Statement of Contract (Sighah)
Known To both Parties specification
Capability of a Sub Matter to be handed Over/delivery
Must be in existence
Puberty Male: ejaculate Sperms in his night dreams Female: menstruation
Use Past Tense
Conformation of offer And acceptance
Clarity of offer and acceptance
Connection of acceptance With offer
The prohibited elements In Shariah contracts
Duress (Ikrah) To force someone To do something That he dislikes
Mistake (Ghalat) An assumption about Anything but proves to be inaccurate
Deception (Taghrir) To induce Con.Party To think that the Trans. In his interest whereas In fact it is not so.
Complete Duress (Ikrah Mulji) (homicide)
Incomplete Duress (Ikrah Ghayr mulji)
Insignificant inequality (Ghubn yasir) Can tolerate
Excessive Inequality (Ghubn Fahish) Can not tolerate
Deception related to The statement (Taghrir qawli)
Deception Related to deeds (Taghrir fi’li)
What is the definition of a contract?
Contract is: “Conjunction of a proposal or ijab and an acceptance or qabul.” Another definition is: “Conjunction of the elements of disposition, namely, proposal (ijab ) and acceptance (qabul).”
What is the important condition relating to an offer and acceptance?
Expressing the mutual consent. If both offer and acceptance occur, they will have an effect on the subject matter involved . The effect of the contract will be that the ownership will be transferred.
State two reasons that make a subject matter unsuitable.
If a subject matter is not considered property of value to one of the parties. For instance, the flesh of a dead animal is not considered a property of value to a Muslim. If a subject matter is not owned by any of the parties, such as fish in the sea or a bird in the air, it is not a suitable subject matter for a contract If a subject matter is forbidden by the Shariah, it is not suitable for a contract. For instance, a marriage contract is not allowed to be concluded with a woman whom one cannot marry. Therefore, a man is not allowed to conclude a marriage contract with his mother, daughter, and sister among others.
What are the condition of a subject matter?
1. Suitability of a Subject Matter for a Contract. 2. Being of a Subject Matter Known to both Parties. 3. Capability of a Subject Matter to be Handed Over. 4. Presence of a Subject Matter at the Time of Contract.
Identify the major prohibited elements in a contract?
Duress( ikrah) Mistake (ghalat/khata’): as to parties, subjectmatters Inequality (ghubn): serious and non-serious ghubn Deception (taghrir): verbal and non-verbal deception Illegal goods/assets
What are the conditions of the contracting parties?
Two Contracting Parties and Their Conditions A. Puberty B. Sanity C. Maturity
Thank you ﺷﻜﺮا ﺟﺰﯾﻼ