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Valid VOIDABLE (Fa'asid) Void (Ba2L)
Valid VOIDABLE (Fa'asid) Void (Ba2L)
IsCsna/ Aa’riyah
Ijarah/
Hawala
manufac-‐
(loan
of
Loan
hiring
(assigning
turing
usable
(qard)
contract
of
debt)
contract
item)
Conditional or Contingent Contracts
As
a
general
rule,
condiConal
contracts
are
not
valid.
This,
however,
requires
some
detail
and
some
condiCons
could
be
acceptable.
The
Fiqh
literature
talks
about
three
types
of
condiCons:
1.Taliq-‐condi2ons
which
suspend
a
contract
to
any
future
event
2.Idafa-‐an
extension
that
delays
the
beginning
of
any
contract
un2l
a
future
2me
3.Iq2ran
(concomitance)
that
varies
the
terms
of
the
contract
In
all
of
the
above
cases
the
contract
may
or
may
not
be
void
even
if
the
condiCon
is
void.
CondiCons
can
be
divided
as
follows:
1.A
condiCon
which
is
not
against
the
main
purpose
of
the
contract
is
a
valid
condiCon.
Valid
condiCons
are
those
that
confirm
the
effects
a;ributed
to
juridical
acts
by
the
Shariah
and
which
are
admi;ed
explicitly
by
it.
A
condiCon
in
aid
of
a
contract
is
valid.
Similarly
any
condiCon,
which
is
customary
to
embody
in
a
contract
will
be
upheld
If a Fa’asid (invalid) condition is put into a valid contract,
the contract will remain valid and enforceable, i.e. with no
regard to the condition.
2.A condition which is not of advantage to either party is
regarded as superfluous and cannot be enforced
3.A
condiCon
which
is
repugnant
to
a
contract
or
transfer
of
ownership
but
is
of
advantage
to
one
of
the
parCes
will
make
the
transacCon
debauched
if
made
an
inseparable
part
of
it
4.A
void
condiCon
is
any
condiCon
which
directly
infringes
any
rule
of
the
Shariah,
or
inflicts
harm
on
one
of
the
two
contracCng
parCes
or
derogates
from
compleCon
of
the
contract
Conclusion
A
condi2on
which
is
not
against
the
main
purpose
of
the
contract
is
a
valid
condi2on.
Similarly
a
condi2on
which
has
become
normal
prac2ce
in
the
market
is
not
void
provided
it
is
not
against
any
explicit
injunc2ons
of
the
Quran
and
Sunnah
e.g.
a
condi2on
that
the
seller
will
provide
five
years
guarantee
and
one
year’s
free
service
is
not
void.