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Questions and Answers
Which of the following is NOT one of the objectives of Islamic contracts?
What is the difference between perfect and imperfect coercion in Islamic contracts?
Which schools of thought maintain that a contract with coercion is valid but voidable in Islamic law?
What is the difference between a mistake in substance and a mistake in quality in Islamic contracts?
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Which school of thought believes that a marriage contract cannot be revoked due to a lack of required quality in the wife in Islamic law?
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What is the difference between exploitation by means of trickery and inducement of the contracting party into the contract in Islamic law?
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Which schools of thought believe that a contract with fraud is voidable in Islamic law?
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What is ghabn yasir in Islamic law?
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When does fraud in trust sales make a contract voidable in Islamic law?
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What is the requirement for the object and underlying intention of a contract to be valid in Islamic law?
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What are some examples of unlawful contracts in Islamic law?
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What is the legal effect of contracts that promote immorality or harm a person or properties of a third party, or which are forbidden by Sharia in Islamic law?
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Which of the following is NOT one of the objectives of Islamic contracts?
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What is the difference between perfect and imperfect coercion in Islamic contracts?
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Which schools of thought maintain that a contract with coercion is valid but voidable in Islamic law?
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What is the difference between a mistake in substance and a mistake in quality in Islamic contracts?
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Which school of thought believes that a marriage contract cannot be revoked due to a lack of required quality in the wife in Islamic law?
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What is the difference between exploitation by means of trickery and inducement of the contracting party into the contract in Islamic law?
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Which schools of thought believe that a contract with fraud is voidable in Islamic law?
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What is ghabn yasir in Islamic law?
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When does fraud in trust sales make a contract voidable in Islamic law?
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What is the requirement for the object and underlying intention of a contract to be valid in Islamic law?
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What are some examples of unlawful contracts in Islamic law?
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What is the legal effect of contracts that promote immorality or harm a person or properties of a third party, or which are forbidden by Sharia in Islamic law?
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What are some of the objectives of Islamic contracts?
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What is the effect of coercion on the validity of a contract according to Hanafi and Maliki schools?
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What is the difference between perfect and imperfect coercion?
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What is the effect of fraud on the validity of a contract according to Shafi, Maliki, and Hambali schools?
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What is the difference between ghabn yasir and ghabn fahish?
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What is the effect of fraud in trust sales on the validity of a contract?
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What is the requirement for the object and underlying intention of a contract to be valid?
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What is the difference between mistakes in substance and mistakes in quality?
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What is the effect of a contract with mistakes in substance?
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What are some examples of unlawful contracts?
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What is the effect of contracts that promote immorality or harm a person or properties of a third party?
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What is the difference between Hanafi and Hambali schools regarding the revocation of a marriage contract?
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Study Notes
Contractual Intention in Islamic Contracts
- Islamic contracts have several objectives which include possession of goods, ownership of services, cooperation in business ventures, building trust, seeking Allah's pleasure, and replacement.
- A contract is only valid when it is concluded by free consent, and defects in consent such as coercion, mistake, fraud, or injustice can lead to an invalid contract.
- Coercion (ikrah) is to compel a person to do something without consent or by fear, and it can be classified as perfect or imperfect. A contract under coercion can be nullified based on certain conditions.
- There is no consensus among jurists on the validity of a contract with coercion, but Hanafi and Maliki schools maintain that it is valid but voidable.
- Mistake (ghalat) is a belief that is not in accord with the facts, and it can relate to substance or quality. Contracts with mistakes in substance are invalid, while those with mistakes in quality may be voidable.
- The Hanafi school maintains that a marriage contract cannot be revoked due to a lack of required quality in the wife, while the Hambali school believes that the husband can revoke the contract if he entered the contract relying on the guardian's word that she is pretty.
- Fraud (tadlis) occurs when one party persuades another party through deceptive means to obtain their consent to a contract without which they would not have consented. Fraud can nullify a contract, and there are two forms of fraud: exploitation by means of trickery and inducement of the contracting party into the contract.
- There is no consensus among jurists on the effects of fraud on the validity of a contract, but the Shafi, Maliki, and Hambali schools believe that the contract is voidable and the buyer has the option to revoke or ratify it.
- Injustice (ghabn) occurs when sellers charge excessively high prices, and it can be ghabn yasir or ghabn fahish. Ghabn fahish, which is excessive deception in the value of goods, can make a contract void.
- In trust sale contracts, the buyer puts themselves at the mercy of the seller and relies upon their representations. Fraud in trust sales renders the contract voidable at the option of the buyer.
- The validity of a contract requires that the object and underlying intention of the contract must be legal and not against Sharia principles.
- Unlawful contracts include knowingly selling or renting property or other items for non-Sharia compliant activities, and selling weapons to a person who will use them to harm innocent people.
- All contracts that promote immorality or harm a person or properties of a third party, or which are forbidden by Sharia, are void and have no legal effect.
Contractual Intention in Islamic Contracts
- Islamic contracts have several objectives which include possession of goods, ownership of services, cooperation in business ventures, building trust, seeking Allah's pleasure, and replacement.
- A contract is only valid when it is concluded by free consent, and defects in consent such as coercion, mistake, fraud, or injustice can lead to an invalid contract.
- Coercion (ikrah) is to compel a person to do something without consent or by fear, and it can be classified as perfect or imperfect. A contract under coercion can be nullified based on certain conditions.
- There is no consensus among jurists on the validity of a contract with coercion, but Hanafi and Maliki schools maintain that it is valid but voidable.
- Mistake (ghalat) is a belief that is not in accord with the facts, and it can relate to substance or quality. Contracts with mistakes in substance are invalid, while those with mistakes in quality may be voidable.
- The Hanafi school maintains that a marriage contract cannot be revoked due to a lack of required quality in the wife, while the Hambali school believes that the husband can revoke the contract if he entered the contract relying on the guardian's word that she is pretty.
- Fraud (tadlis) occurs when one party persuades another party through deceptive means to obtain their consent to a contract without which they would not have consented. Fraud can nullify a contract, and there are two forms of fraud: exploitation by means of trickery and inducement of the contracting party into the contract.
- There is no consensus among jurists on the effects of fraud on the validity of a contract, but the Shafi, Maliki, and Hambali schools believe that the contract is voidable and the buyer has the option to revoke or ratify it.
- Injustice (ghabn) occurs when sellers charge excessively high prices, and it can be ghabn yasir or ghabn fahish. Ghabn fahish, which is excessive deception in the value of goods, can make a contract void.
- In trust sale contracts, the buyer puts themselves at the mercy of the seller and relies upon their representations. Fraud in trust sales renders the contract voidable at the option of the buyer.
- The validity of a contract requires that the object and underlying intention of the contract must be legal and not against Sharia principles.
- Unlawful contracts include knowingly selling or renting property or other items for non-Sharia compliant activities, and selling weapons to a person who will use them to harm innocent people.
- All contracts that promote immorality or harm a person or properties of a third party, or which are forbidden by Sharia, are void and have no legal effect.
Contractual Intention in Islamic Contracts
- Islamic contracts have several objectives which include possession of goods, ownership of services, cooperation in business ventures, building trust, seeking Allah's pleasure, and replacement.
- A contract is only valid when it is concluded by free consent, and defects in consent such as coercion, mistake, fraud, or injustice can lead to an invalid contract.
- Coercion (ikrah) is to compel a person to do something without consent or by fear, and it can be classified as perfect or imperfect. A contract under coercion can be nullified based on certain conditions.
- There is no consensus among jurists on the validity of a contract with coercion, but Hanafi and Maliki schools maintain that it is valid but voidable.
- Mistake (ghalat) is a belief that is not in accord with the facts, and it can relate to substance or quality. Contracts with mistakes in substance are invalid, while those with mistakes in quality may be voidable.
- The Hanafi school maintains that a marriage contract cannot be revoked due to a lack of required quality in the wife, while the Hambali school believes that the husband can revoke the contract if he entered the contract relying on the guardian's word that she is pretty.
- Fraud (tadlis) occurs when one party persuades another party through deceptive means to obtain their consent to a contract without which they would not have consented. Fraud can nullify a contract, and there are two forms of fraud: exploitation by means of trickery and inducement of the contracting party into the contract.
- There is no consensus among jurists on the effects of fraud on the validity of a contract, but the Shafi, Maliki, and Hambali schools believe that the contract is voidable and the buyer has the option to revoke or ratify it.
- Injustice (ghabn) occurs when sellers charge excessively high prices, and it can be ghabn yasir or ghabn fahish. Ghabn fahish, which is excessive deception in the value of goods, can make a contract void.
- In trust sale contracts, the buyer puts themselves at the mercy of the seller and relies upon their representations. Fraud in trust sales renders the contract voidable at the option of the buyer.
- The validity of a contract requires that the object and underlying intention of the contract must be legal and not against Sharia principles.
- Unlawful contracts include knowingly selling or renting property or other items for non-Sharia compliant activities, and selling weapons to a person who will use them to harm innocent people.
- All contracts that promote immorality or harm a person or properties of a third party, or which are forbidden by Sharia, are void and have no legal effect.
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Description
Test your knowledge on contractual intention in Islamic contracts with this informative quiz. Learn about the different types of defects in consent, such as coercion, mistake, fraud, and injustice, and how they can affect the validity of a contract. Discover the varying opinions among jurists on the validity of contracts with defects in consent, and gain insight into the legal and Sharia principles that govern the legality of contracts. Challenge yourself and deepen your understanding of Islamic contracts with this engaging quiz.
