20 Questions
What is the measure of intention in Islamic contracts?
Shariah compliance
Which of the following is NOT an objective of Islamic contracts?
Employment
When is a contract considered valid in Islamic law?
When it is concluded by free consent
What leads to an invalid contract in Islamic law?
A defect in consent or intention
What is coercion in Islamic law?
Compelling a person to do something without their consent or by fear
What is the majority view of scholars on contracts arranged and executed under duress?
They have no validity in the sight of Shari'ah
What is mistake in Islamic law?
A belief that is not in accord with the facts
When is a contract void in case of fraud according to Hanafi jurists?
When excessive high prices are due to deception or misrepresentation
What is the basis for measuring intention in Islamic contracts?
The shariah compliance of the contract
What determines the objectives of Islamic contracts?
The type of contract
What is required for a contract to be considered valid?
Free consent
What can lead to an invalid contract?
A defect in intention
What is coercion in a contract?
A threat of harm or fear
Under what conditions can a contract under coercion be nullified?
Legally justified coercion
What is the majority view of scholars on transactions arranged and executed under duress?
They are invalid
What is mistake in a contract?
A belief that is not in accord with the facts
What is the unanimous view of Muslim jurists on a contract with a mistake in substance?
It is invalid
What is fraud in a contract?
A deception or lie
What is the Hanafi view on higher prices due to natural demand and supply in the market in a contract?
They are irrelevant to the contract
When may fraud occur in a trust sale contract?
When the seller inflates the price
Study Notes
Contractual Intention in Islamic Contracts
- Intention in a contract is measured in terms of its shariah compliance.
- The objectives of Islamic contracts vary depending on the type of contract, such as sale, ijarah, partnership, security, charity, guardianship, inheritance, or bequest contracts.
- A contract is considered valid only when it is concluded by free consent.
- A defect in consent or intention will lead to an invalid contract when one party gives their consent as a result of coercion, mistake, fraud, or injustice.
- Coercion is to compel a person to do something without their consent or by fear, and it can be perfect or imperfect.
- Contract under coercion can be nullified based on specific conditions, such as legally unjustified coercion, emanating from a party with the power to execute their threat, being intimidating, and believing that harm will be inflicted.
- There is no consensus among jurists on the validity of a contract with coercion, but the majority of scholars believe that transactions arranged and executed under duress have no validity in the sight of Shari'ah.
- Mistake is defined as a belief that is not in accord with the facts and can relate to the substance or substantial quality of an object.
- Muslim jurists unanimously agree that if the mistake is due to differences in substance, the contract is invalid or void.
- Fraud occurs when one party cheats, conceals information, or lies with the aim of getting consent from another party, and it can nullify a contract.
- Hanafi jurists are of the view that higher prices due to natural demand and supply in the market cannot nullify the contract, but excessive high prices due to deception or misrepresentation can make a contract void.
- In a trust sale contract, fraud may occur when the seller inflates the price, and the buyer pays this high price believing it is the actual price. Fraud in the trust sale renders the contract voidable at the option of the buyer.
Contractual Intention in Islamic Contracts
- Intention in a contract is measured in terms of its shariah compliance.
- The objectives of Islamic contracts vary depending on the type of contract, such as sale, ijarah, partnership, security, charity, guardianship, inheritance, or bequest contracts.
- A contract is considered valid only when it is concluded by free consent.
- A defect in consent or intention will lead to an invalid contract when one party gives their consent as a result of coercion, mistake, fraud, or injustice.
- Coercion is to compel a person to do something without their consent or by fear, and it can be perfect or imperfect.
- Contract under coercion can be nullified based on specific conditions, such as legally unjustified coercion, emanating from a party with the power to execute their threat, being intimidating, and believing that harm will be inflicted.
- There is no consensus among jurists on the validity of a contract with coercion, but the majority of scholars believe that transactions arranged and executed under duress have no validity in the sight of Shari'ah.
- Mistake is defined as a belief that is not in accord with the facts and can relate to the substance or substantial quality of an object.
- Muslim jurists unanimously agree that if the mistake is due to differences in substance, the contract is invalid or void.
- Fraud occurs when one party cheats, conceals information, or lies with the aim of getting consent from another party, and it can nullify a contract.
- Hanafi jurists are of the view that higher prices due to natural demand and supply in the market cannot nullify the contract, but excessive high prices due to deception or misrepresentation can make a contract void.
- In a trust sale contract, fraud may occur when the seller inflates the price, and the buyer pays this high price believing it is the actual price. Fraud in the trust sale renders the contract voidable at the option of the buyer.
Test your knowledge on the crucial concept of contractual intention in Islamic contracts with this informative quiz. From understanding the different types of contracts to measuring their shariah compliance, you will explore the essential aspects of intention in a contract. You will also learn about the conditions that can lead to an invalid contract, such as coercion, mistake, and fraud. Whether you are a student of Islamic law or interested in the topic, this quiz will challenge and expand your understanding of contractual intention in Islamic contracts.
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