Researchers

Anas Al Dershawi

Published in

Journal of Human Studies, issue 28, pp. 27-58, June 2022.

Abstract

Islamic law (Sharee’ah) paid high attention to will of contracting parties in all different transactions and financial contracts, especially, in the present time where contracts developed a lot.

Contracts were varied and diverse. Thus, Sharee’ah, which is valid for any time and place, had to have final say with that regard.

Did Sharee’ah allow contracting parties for stipulating as per their interests in the contract?

Thus, attached thesis disclosed how much contracting parties are free to stipulate what they believe aligned to their interest in signing contracts. It would be through identifying standards of conditions linked to the contract according to the four considered Islamic creeds. Then, comparing those updated conditions to the standards to correct what may suit and eliminate what may contradict.

Attached thesis concluded freedom of contracting parties is guaranteed in all considered Islamic creeds.

Therefore, Specialists of Feqeh set the standards to originate the conditions linked to the contract and regulate its rules by meaningful and concise statements based on Islam’s quotes, bases and principles. They are not only for specific applications and examples known in their time but also include all what can apply within those standards that may occur later with passage of time.

Thus, examples and applications are unlimited and are subjected to changing of circumstances related to time and place.

Whatever types and aspects of updated conditions, it is unexpected to deviate from what was set by specialists of Feqeh.

It has decent universality, accuracy and containment so that it can embrace any updated condition with passage of time and its subsequent changes. That is exactly what makes Islamic Feqeh originates from Allah different than others as elaborated in attached thesis.

Keywords: Condition, contract, controls, jurisprudence.

Link to full paper

https://journals.uofd.edu.sd//uploads/numbers/pdf/1201762748.pdf