Define contract? What are the ingredients of a valid contract in Islamic law? (1994, 1999, 2000, 2003, 2004/A, 2005/A, 2006/A)

 Define contract? What are the ingredients of a valid contract in Islamic law? (1994, 1999, 2000, 2003, 2004/A, 2005/A, 2006/A)
Q. Discuss the ingredients of a contract under the Islamiccivil law. (2002, 2003/S)
Q. Define contract. What are the essentials of valid contract in Islamic law? (2007/A)
1. Introduction
Contract law ensures the parties to private agreementsthat any promises they make will be enforceable through the machinery of the state. Islam attaches great importance to keeping of promise. In case promises are not kept faithfully it will result in great confusion and mistrust.
2. Meaning of contract
The corresponding Arabic word for contract is “Adq” which has its both legal and literal meaning.
(I) Literal meaning:
Literally it means conjunction, tie, knot.”
(II) Legal meaning:
(i) The union of the declaration of one of the contractingparties with that of the other in a legal manner, the result of which is reflected in their subject matter.”
(ii) “A contract or adq is any statement or word that has the effect of legally binding a person too fulfill an obligation or to perform a duty.”
3. Importance of contract according to Quran and Sunnah
(I) The Holy Quran says:
“And keep the covenant. Lo! Of the covenant it will be asked”. (Al-Isra: 34)
“O Ye who believe fulfill your agreements” (Al-Maidah: 1)
“Such as keep the pact of Allah, and break not the covenant” (Ar-Rad: 20)
The Sunnah of Holy Prophet (Peace be Upon Him) shows theimportance of keeping the agreements.
He says:
“He who has no respect for keeping promises, does not possess deen.”
4. Formation of contract
The formation of contract does not require any formality underIslamic law. In this regard offer and acceptance are essentials.
5. Ingredients or essentials of contract in Muhammadan law
Following are the ingredients or essentials of contract.
(I) Plurality of parties
A contract requires that there should be two parties to it, at least. Any one person cannot from a valid contract.
(II) Aijab and Qabul
Ijab and Qabul or proposal and acceptance are the constituents of a contract one party should make a proposaland the other should accept it.
Example:
‘A’ Offers to sell his car to ‘B’. ‘B’ accepts his offer. It is a contract.
(i) Conditions for Ijab and Qabul 
Following conditions have been laid down by the jurists for the valid offer and acceptance.
(a) Conformity offer and acceptance
It is necessary that the acceptance must conform with the offer and any variation in the acceptance made it a counter offer.
Example:
‘A’ says to ‘B’ I have sold this car to you for 10,000 ‘B’ replies I have accepted it for 8,000.” This is not a valid acceptance and hence there is no contract.
(b) Must be in same session
The offer and acceptance must be made at the same meeting, either in fact or what the law considers as such.
Example:
‘A’ says to ‘B’ I want to sell my horse to you. ‘B’ says nothing and leaves the place. The offer comes to an end and ‘B’ cannot accept it later.
(c) Acceptance before the termination of offer
Acceptance must be made before the termination of offer, otherwise the contract cannot be made.
(III) Mahall Al Aqd (subject-matter of contract)
The mahall-al-aqd is the thing for which an agreement has been made, and in which the effects of the contract are visible. It is almost same as the term consideration in English law.
(i) Conditions of Mahall al Aqd
The subject matter must have legal value.
(a) It must be in existence at the time of the contract.
(b) It should be potentially capable of delivery at the time of the contract.
(c) It must be known to the parties.
(IV) Capacity to enter into contract
The parties must have the capacity to enter into the contract. They must be sane, major etc.
(V) Legal relation
The contract must be to establish legal relations arising from the consent of the minds of two persons to deal with each other in respect of certain rights of theirs.
(VI) Free consent
The consent of the parties must be free and genuine. It must not be obtained by coercion, undue influence, fraud, mistake or misrepresentation. 
(VII) Fitness of Mahall 
It is subject matter is not fit for the purpose, the contract relating there to will be void altogether.
(VIII) Legal contract
A contract must be lawful or legal a contract is legal if it is not contrary to Islamic law e. g. contracts in violation of the prohibition of riba or contrary to public policy e. g. contracts in restraint of trade etc.
6. Conclusion
To conclude, I can say, that the law of contract in Islamic law is more or less similar to that of western law. The dominant idea of a contract in Muhammadan law is that, it establishes a tie of legal relations and it is the most important and frequent mode of acquisition of ownership.

Discuss the theory of abrogation in Quran in detail. (2002, 2006/A)

Discuss the theory of abrogation in Quran in detail. (2002, 2006/A)
Q. What do you know about theory of Naskh. (1994)
1. Introduction
There are some texts of the Quran and the traditions which have either been totally abrogated or their application limited or modified by subsequent texts. Many jurists hold that the abrogating and amending laws belong to the category of interpretive laws. All the four sunni school unanimously accept the doctrain of abrogation, though they may disagree on the details.
2. Meaning of abrogation or naskh
(I) Literal meaning
The literal meaning of naskh is canceling or transferring.
(II) Technical meaning
“In its technical sense, it means the lifting of a legal rule through a legal evidence of a later date.”
3. Theory of naskh in holy Quran
The concept of naskh is a necessity in a legal system and Islamic law acknowledge it.
Qurans says:
“Whatever message (verse) we abrogate or causes to beforgotten we bring one better than it or like it.” (2: 106)
“And when we put a revelation in place f another revelation.” (16: 101)
4. Theory of naskh according to Sunnah
It is narrated by Hazrat Abdullah bin Massod that a verserevealed on Holy Prophet (Peace Be Upon Him) was ordered to be recorded the companion wrote it on a rock table, next morning the companion saw it rubbed/cleaned, when matter takes to prophet (Peace Be Upon Him) he replied it was repealed.
5. Classical theory of abrogation
The doctrine of naskh has three fold meanings in Islamic jurisprudence.
(i) Abrogation of all previous divine books by the holy Quran.
(ii) The doctrine applied to repeal the Quranic verses which were said to be blotted out of extinction, the verses repealed.
(a) Whose text and laws are both repealed.
(b) Where only text was repealed but the law it gave remained in existence.
(iii) Abrogation of earlier laws of the holy Quran with latter revelation.
6. Kinds or types of naskh
There are two types of naskh:
(i) Explicit
(ii) Implied
(I) Explicit abrogation
(I) When the law giver has explicitly stated that a rule is abrogate such abrogation is called as explicit abrogation.
Example:
Holy Prophet (Peace Be Upon Him) said I had forbidden you from storing away the sacrificial meat because of the large crowds, you may now store it, as you wish.
(II) Implicit abrogation
When the law giver has not expressly pointed out the abrogation, but has laid down a new rule that conflicts with an earlier rule and there is no chance of reconciling, it is called implicit abrogation.
Example:
Quran says:
“Those of you die and leave widows should bequeath for their widows a year’s maintenance without expulsion.”
It means that the woman whose husband had died has to wait for a whole year, but another verse was revealed in this context which says.
“If any of you die and leave widows behind, they shall wait concerning themselves four months and ten days.”
This verse abrogation the earlier verse.
Types of implicit abrogation
Implicit abrogation is of two types.
(i) Total abrogation (Naskh Kulli)
Naskh is total, where it may lift the entire law and substitute another one for it.
(ii) Partial abrogation (Naskh Juzi)
When the law is repealed for a certain class alone, it is called partial abrogation. This is also called the overriding of a general law by a special law.
Example
A general law in the Quran provides penalties for all those who falsely accuse chaste woman of sexual intercourse.
It then provides a special law in the case of spouses accusing each other of unchastity. The provisions of the general law are not applicable to spouses because the special law overrides that provision.
7. Conditions for abrogation
Following are the conditions for abrogation.
(i) It must have been done during the lifetime of the holy Quran(Peace Be Upon Him).
(ii) The abrogation text should be later in time.
(iii) Both text should be equivalent in authencity and meanings.
(iv) The next itself should not preclude the possibility of naskh.
(v) Both texts should be in conflict and there should be no possibility of reconciliation.
(vi) Both text must not revealed together.
8. Methods or rules of abrogation
(i) One text of Quran can abrogate another text.
(ii) One Sunnah can abrogate another Sunnah.
The mutawatir Sunnah can abrogate the rule in the Quran and vice verse.
A khabar wahid can abrogate another khabir wahid.
9. Examples of naskh from Quran and Sunnah
(I) Examples from holy Quran
One of the earlier cases of repeal of an earlier command was the directive to change the direction of the Qiblah “Bayt al Muqdas” to “Masjid al Haram.”
“We see the turning of the face (for guidance) to the heavens now shall we turn thee to a Qiblah that shall please thee. Turn then thy face in the direction of the sacred mosque. Wherever ye are turn your faces in that direction.” (2: 144)
(II ) Example from hadith
“I have forbidden you from visiting the graves nay visit them for they remind you of the day of resurrection.”
10. Limitation on the doctrine of naskh.
Following are the limitation on the doctrine of naskh.
(i) Divine attributes cannot be repealed e. g. tawhid, Prophets books of Allah etc.
(ii) Moral trust sanctioned in Quran can’t be abrogated.
(iii) A provision related with the circumstances which negate the possibility of time limitation can’t be abrogate e. g. Islamic shariah in its entirety can’t be repealed.
11. Conclusion:
To conclude, I can say, that the Islamic law works for the interest of human beings. The law was laid down in the period of the holy Prophet (Peace Be Upon Him) gradually and in stages. It was the need of the time and society that the people who adopts Islam must be facilitated and doing so the principal of naskh or abrogation was acknowledged.

Define contract? What are the ingredients of a valid contract in Islamic law? (1994, 1999, 2000, 2003, 2004/A, 2005/A, 2006/A)

 Define contract? What are the ingredients of a valid contract in Islamic law? (1994, 1999, 2000, 2003, 2004/A, 2005/A, 2006/A)
Q. Discuss the ingredients of a contract under the Islamiccivil law. (2002, 2003/S)
Q. Define contract. What are the essentials of valid contract in Islamic law? (2007/A)
1. Introduction
Contract law ensures the parties to private agreementsthat any promises they make will be enforceable through the machinery of the state. Islam attaches great importance to keeping of promise. In case promises are not kept faithfully it will result in great confusion and mistrust.
2. Meaning of contract
The corresponding Arabic word for contract is “Adq” which has its both legal and literal meaning.
(I) Literal meaning:
Literally it means conjunction, tie, knot.”
(II) Legal meaning:
(i) The union of the declaration of one of the contractingparties with that of the other in a legal manner, the result of which is reflected in their subject matter.”
(ii) “A contract or adq is any statement or word that has the effect of legally binding a person too fulfill an obligation or to perform a duty.”
3. Importance of contract according to Quran and Sunnah
(I) The Holy Quran says:
“And keep the covenant. Lo! Of the covenant it will be asked”. (Al-Isra: 34)
“O Ye who believe fulfill your agreements” (Al-Maidah: 1)
“Such as keep the pact of Allah, and break not the covenant” (Ar-Rad: 20)
The Sunnah of Holy Prophet (Peace be Upon Him) shows theimportance of keeping the agreements.
He says:
“He who has no respect for keeping promises, does not possess deen.”
4. Formation of contract
The formation of contract does not require any formality underIslamic law. In this regard offer and acceptance are essentials.
5. Ingredients or essentials of contract in Muhammadan law
Following are the ingredients or essentials of contract.
(I) Plurality of parties
A contract requires that there should be two parties to it, at least. Any one person cannot from a valid contract.
(II) Aijab and Qabul
Ijab and Qabul or proposal and acceptance are the constituents of a contract one party should make a proposaland the other should accept it.
Example:
‘A’ Offers to sell his car to ‘B’. ‘B’ accepts his offer. It is a contract.
(i) Conditions for Ijab and Qabul 
Following conditions have been laid down by the jurists for the valid offer and acceptance.
(a) Conformity offer and acceptance
It is necessary that the acceptance must conform with the offer and any variation in the acceptance made it a counter offer.
Example:
‘A’ says to ‘B’ I have sold this car to you for 10,000 ‘B’ replies I have accepted it for 8,000.” This is not a valid acceptance and hence there is no contract.
(b) Must be in same session
The offer and acceptance must be made at the same meeting, either in fact or what the law considers as such.
Example:
‘A’ says to ‘B’ I want to sell my horse to you. ‘B’ says nothing and leaves the place. The offer comes to an end and ‘B’ cannot accept it later.
(c) Acceptance before the termination of offer
Acceptance must be made before the termination of offer, otherwise the contract cannot be made.
(III) Mahall Al Aqd (subject-matter of contract)
The mahall-al-aqd is the thing for which an agreement has been made, and in which the effects of the contract are visible. It is almost same as the term consideration in English law.
(i) Conditions of Mahall al Aqd
The subject matter must have legal value.
(a) It must be in existence at the time of the contract.
(b) It should be potentially capable of delivery at the time of the contract.
(c) It must be known to the parties.
(IV) Capacity to enter into contract
The parties must have the capacity to enter into the contract. They must be sane, major etc.
(V) Legal relation
The contract must be to establish legal relations arising from the consent of the minds of two persons to deal with each other in respect of certain rights of theirs.
(VI) Free consent
The consent of the parties must be free and genuine. It must not be obtained by coercion, undue influence, fraud, mistake or misrepresentation. 
(VII) Fitness of Mahall 
It is subject matter is not fit for the purpose, the contract relating there to will be void altogether.
(VIII) Legal contract
A contract must be lawful or legal a contract is legal if it is not contrary to Islamic law e. g. contracts in violation of the prohibition of riba or contrary to public policy e. g. contracts in restraint of trade etc.
6. Conclusion
To conclude, I can say, that the law of contract in Islamic law is more or less similar to that of western law. The dominant idea of a contract in Muhammadan law is that, it establishes a tie of legal relations and it is the most important and frequent mode of acquisition of ownership.

Define contract? What are the ingredients of a valid contract in Islamic law? (1994, 1999, 2000, 2003, 2004/A, 2005/A, 2006/A)

 Define contract? What are the ingredients of a valid contract in Islamic law? (1994, 1999, 2000, 2003, 2004/A, 2005/A, 2006/A)
Q. Discuss the ingredients of a contract under the Islamiccivil law. (2002, 2003/S)
Q. Define contract. What are the essentials of valid contract in Islamic law? (2007/A)
1. Introduction
Contract law ensures the parties to private agreementsthat any promises they make will be enforceable through the machinery of the state. Islam attaches great importance to keeping of promise. In case promises are not kept faithfully it will result in great confusion and mistrust.
2. Meaning of contract
The corresponding Arabic word for contract is “Adq” which has its both legal and literal meaning.
(I) Literal meaning:
Literally it means conjunction, tie, knot.”
(II) Legal meaning:
(i) The union of the declaration of one of the contractingparties with that of the other in a legal manner, the result of which is reflected in their subject matter.”
(ii) “A contract or adq is any statement or word that has the effect of legally binding a person too fulfill an obligation or to perform a duty.”
3. Importance of contract according to Quran and Sunnah
(I) The Holy Quran says:
“And keep the covenant. Lo! Of the covenant it will be asked”. (Al-Isra: 34)
“O Ye who believe fulfill your agreements” (Al-Maidah: 1)
“Such as keep the pact of Allah, and break not the covenant” (Ar-Rad: 20)
The Sunnah of Holy Prophet (Peace be Upon Him) shows theimportance of keeping the agreements.
He says:
“He who has no respect for keeping promises, does not possess deen.”
4. Formation of contract
The formation of contract does not require any formality underIslamic law. In this regard offer and acceptance are essentials.
5. Ingredients or essentials of contract in Muhammadan law
Following are the ingredients or essentials of contract.
(I) Plurality of parties
A contract requires that there should be two parties to it, at least. Any one person cannot from a valid contract.
(II) Aijab and Qabul
Ijab and Qabul or proposal and acceptance are the constituents of a contract one party should make a proposaland the other should accept it.
Example:
‘A’ Offers to sell his car to ‘B’. ‘B’ accepts his offer. It is a contract.
(i) Conditions for Ijab and Qabul 
Following conditions have been laid down by the jurists for the valid offer and acceptance.
(a) Conformity offer and acceptance
It is necessary that the acceptance must conform with the offer and any variation in the acceptance made it a counter offer.
Example:
‘A’ says to ‘B’ I have sold this car to you for 10,000 ‘B’ replies I have accepted it for 8,000.” This is not a valid acceptance and hence there is no contract.
(b) Must be in same session
The offer and acceptance must be made at the same meeting, either in fact or what the law considers as such.
Example:
‘A’ says to ‘B’ I want to sell my horse to you. ‘B’ says nothing and leaves the place. The offer comes to an end and ‘B’ cannot accept it later.
(c) Acceptance before the termination of offer
Acceptance must be made before the termination of offer, otherwise the contract cannot be made.
(III) Mahall Al Aqd (subject-matter of contract)
The mahall-al-aqd is the thing for which an agreement has been made, and in which the effects of the contract are visible. It is almost same as the term consideration in English law.
(i) Conditions of Mahall al Aqd
The subject matter must have legal value.
(a) It must be in existence at the time of the contract.
(b) It should be potentially capable of delivery at the time of the contract.
(c) It must be known to the parties.
(IV) Capacity to enter into contract
The parties must have the capacity to enter into the contract. They must be sane, major etc.
(V) Legal relation
The contract must be to establish legal relations arising from the consent of the minds of two persons to deal with each other in respect of certain rights of theirs.
(VI) Free consent
The consent of the parties must be free and genuine. It must not be obtained by coercion, undue influence, fraud, mistake or misrepresentation. 
(VII) Fitness of Mahall 
It is subject matter is not fit for the purpose, the contract relating there to will be void altogether.
(VIII) Legal contract
A contract must be lawful or legal a contract is legal if it is not contrary to Islamic law e. g. contracts in violation of the prohibition of riba or contrary to public policy e. g. contracts in restraint of trade etc.
6. Conclusion
To conclude, I can say, that the law of contract in Islamic law is more or less similar to that of western law. The dominant idea of a contract in Muhammadan law is that, it establishes a tie of legal relations and it is the most important and frequent mode of acquisition of ownership.

Define contract? What are the ingredients of a valid contract in Islamic law? (1994, 1999, 2000, 2003, 2004/A, 2005/A, 2006/A)

 Define contract? What are the ingredients of a valid contract in Islamic law? (1994, 1999, 2000, 2003, 2004/A, 2005/A, 2006/A)
Q. Discuss the ingredients of a contract under the Islamiccivil law. (2002, 2003/S)
Q. Define contract. What are the essentials of valid contract in Islamic law? (2007/A)
1. Introduction
Contract law ensures the parties to private agreementsthat any promises they make will be enforceable through the machinery of the state. Islam attaches great importance to keeping of promise. In case promises are not kept faithfully it will result in great confusion and mistrust.
2. Meaning of contract
The corresponding Arabic word for contract is “Adq” which has its both legal and literal meaning.
(I) Literal meaning:
Literally it means conjunction, tie, knot.”
(II) Legal meaning:
(i) The union of the declaration of one of the contractingparties with that of the other in a legal manner, the result of which is reflected in their subject matter.”
(ii) “A contract or adq is any statement or word that has the effect of legally binding a person too fulfill an obligation or to perform a duty.”
3. Importance of contract according to Quran and Sunnah
(I) The Holy Quran says:
“And keep the covenant. Lo! Of the covenant it will be asked”. (Al-Isra: 34)
“O Ye who believe fulfill your agreements” (Al-Maidah: 1)
“Such as keep the pact of Allah, and break not the covenant” (Ar-Rad: 20)
The Sunnah of Holy Prophet (Peace be Upon Him) shows theimportance of keeping the agreements.
He says:
“He who has no respect for keeping promises, does not possess deen.”
4. Formation of contract
The formation of contract does not require any formality underIslamic law. In this regard offer and acceptance are essentials.
5. Ingredients or essentials of contract in Muhammadan law
Following are the ingredients or essentials of contract.
(I) Plurality of parties
A contract requires that there should be two parties to it, at least. Any one person cannot from a valid contract.
(II) Aijab and Qabul
Ijab and Qabul or proposal and acceptance are the constituents of a contract one party should make a proposaland the other should accept it.
Example:
‘A’ Offers to sell his car to ‘B’. ‘B’ accepts his offer. It is a contract.
(i) Conditions for Ijab and Qabul 
Following conditions have been laid down by the jurists for the valid offer and acceptance.
(a) Conformity offer and acceptance
It is necessary that the acceptance must conform with the offer and any variation in the acceptance made it a counter offer.
Example:
‘A’ says to ‘B’ I have sold this car to you for 10,000 ‘B’ replies I have accepted it for 8,000.” This is not a valid acceptance and hence there is no contract.
(b) Must be in same session
The offer and acceptance must be made at the same meeting, either in fact or what the law considers as such.
Example:
‘A’ says to ‘B’ I want to sell my horse to you. ‘B’ says nothing and leaves the place. The offer comes to an end and ‘B’ cannot accept it later.
(c) Acceptance before the termination of offer
Acceptance must be made before the termination of offer, otherwise the contract cannot be made.
(III) Mahall Al Aqd (subject-matter of contract)
The mahall-al-aqd is the thing for which an agreement has been made, and in which the effects of the contract are visible. It is almost same as the term consideration in English law.
(i) Conditions of Mahall al Aqd
The subject matter must have legal value.
(a) It must be in existence at the time of the contract.
(b) It should be potentially capable of delivery at the time of the contract.
(c) It must be known to the parties.
(IV) Capacity to enter into contract
The parties must have the capacity to enter into the contract. They must be sane, major etc.
(V) Legal relation
The contract must be to establish legal relations arising from the consent of the minds of two persons to deal with each other in respect of certain rights of theirs.
(VI) Free consent
The consent of the parties must be free and genuine. It must not be obtained by coercion, undue influence, fraud, mistake or misrepresentation. 
(VII) Fitness of Mahall 
It is subject matter is not fit for the purpose, the contract relating there to will be void altogether.
(VIII) Legal contract
A contract must be lawful or legal a contract is legal if it is not contrary to Islamic law e. g. contracts in violation of the prohibition of riba or contrary to public policy e. g. contracts in restraint of trade etc.
6. Conclusion
To conclude, I can say, that the law of contract in Islamic law is more or less similar to that of western law. The dominant idea of a contract in Muhammadan law is that, it establishes a tie of legal relations and it is the most important and frequent mode of acquisition of ownership.