Islamic Contract Law Basics
30 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Which factor is NOT considered a principal element for the capacity of performance?

  • Puberty
  • Physical health of the individual (correct)
  • Social status of the individual (correct)
  • The intellectual standard a person has attained

Which of the following best describes the significance of puberty in capacity of performance?

  • It limits performance based on age
  • It only affects mental performance
  • It is irrelevant to capacity of performance
  • It marks the onset of potential capability (correct)

What does the term 'intellectual standard' refer to in the context of the capacity of performance?

  • The social intelligence of a person
  • The emotional intelligence of a person
  • The highest level of education achieved
  • The cognitive abilities a person possesses (correct)

In evaluating performance capacity, which combination of elements is primarily considered?

<p>Puberty and intellectual standard (D)</p> Signup and view all the answers

Why is intellectual standard included as an element of capacity of performance?

<p>It indicates cognitive readiness for responsibilities (D)</p> Signup and view all the answers

What term refers to a person who is easily deceived?

<p>Safih (A)</p> Signup and view all the answers

Which term is opposite to safih?

<p>Rashid (C)</p> Signup and view all the answers

Which of the following describes a person who manages their wealth properly?

<p>Rashid (B)</p> Signup and view all the answers

Which term indicates the opposite of extravagance in wealth management?

<p>Rashid (D)</p> Signup and view all the answers

What does rushd signify in the context of mental capability?

<p>Maturity of mind (A)</p> Signup and view all the answers

What type of contracts is he allowed to perform without permission from his guardian?

<p>Contracts that are in his interest (D)</p> Signup and view all the answers

Which type of contracts requires the permission of his guardian?

<p>Contracts that are neutral or uncertain (B)</p> Signup and view all the answers

Why might he be restricted from entering harmful contracts?

<p>They are not in his personal interest (A)</p> Signup and view all the answers

What is the significance of guardian permission in this context?

<p>It applies to contracts that are neither helpful nor harmful (A)</p> Signup and view all the answers

If a contract is in his interest, what implication does it have regarding guardian involvement?

<p>He can execute the contract independently (B)</p> Signup and view all the answers

What is the age requirement for a person to enter into contracts of sale and purchase?

<p>A person must have reached the age of majority. (C)</p> Signup and view all the answers

Which of the following best describes 'Obstacles to Capacity'?

<p>A situation where a person is restrained from dealing with his property. (A)</p> Signup and view all the answers

Which of these actions can a person of majority age legally perform?

<p>Entering into a partnership. (D)</p> Signup and view all the answers

What is NOT considered an obstacle to capacity?

<p>Temporary emotional distress. (C)</p> Signup and view all the answers

Which statement about capacity to enter contracts is TRUE?

<p>Once a person reaches majority, they can make contracts without restrictions. (D)</p> Signup and view all the answers

What is required for a commercial transaction to be executed?

<p>The judge's satisfaction and approval (B)</p> Signup and view all the answers

Who is not allowed to deal with his property himself according to the types of Sufha?

<p>Adults who are still safih (A)</p> Signup and view all the answers

Which of the following statements about Sufha is true?

<p>Some adults may still be considered safih despite their age (B)</p> Signup and view all the answers

What happens to a commercial transaction if the judge does not approve it?

<p>The transaction cannot be executed (B)</p> Signup and view all the answers

What distinguishes the two types of Sufha?

<p>Their age and their ability to execute transactions (B)</p> Signup and view all the answers

How does intoxication affect a person's decision-making ability?

<p>It completely removes their rational power. (A)</p> Signup and view all the answers

What is the general stance of the majority of Fiqh Schools regarding contracts made by an involuntarily intoxicated person?

<p>Such contracts are not valid. (C)</p> Signup and view all the answers

Which of the following best describes involuntary intoxication?

<p>Intoxication caused by external factors without the individual's consent. (C)</p> Signup and view all the answers

What is a potential consequence of a person being intoxicated, whether voluntarily or involuntarily?

<p>They lose the ability to make proper decisions. (D)</p> Signup and view all the answers

Why is the validity of contracts made by intoxicated individuals generally questioned?

<p>Because intoxication undermines rational decision-making power. (A)</p> Signup and view all the answers

Flashcards

Capacity of Performance (Ahliyyah Al-Ada)

The ability to legally perform actions, like entering contracts or managing property.

Puberty

Reaching puberty signifies the biological readiness for legal responsibility.

Intellectual Standard

The ability to understand and appreciate the consequences of one's actions.

Legally Capable Individual

A person who fulfills both puberty and intellectual requirements.

Signup and view all the flashcards

Individuals Lacking Capacity of Performance

Individuals lacking the necessary physical or mental development to perform legal acts.

Signup and view all the flashcards

Contractual Capacity

Individuals who have reached the legal age are allowed to participate in various contracts.

Signup and view all the flashcards

Contract of Sale and Purchase

A contract of sale and purchase involves buying and selling goods or property.

Signup and view all the flashcards

Contract of Rent

A contract of rent involves temporary use of property in exchange for payment.

Signup and view all the flashcards

Partnership

A partnership involves two or more individuals joining forces to conduct a business.

Signup and view all the flashcards

Obstacles to Capacity

Obstacles to capacity are factors that restrict a person's ability to manage their own property.

Signup and view all the flashcards

Intoxication

A state where a person's ability to make rational decisions is impaired, regardless of whether it was caused by voluntary or involuntary actions.

Signup and view all the flashcards

Majority Fiqh Schools

The legal schools of Islamic jurisprudence that believe contracts made by a person under involuntary intoxication are not considered valid.

Signup and view all the flashcards

Involuntary intoxication

A situation where a person becomes intoxicated without their intention or control.

Signup and view all the flashcards

Contracts made under involuntary intoxication

Contracts made by a person who is intoxicated involuntarily are not considered valid according to the majority of Islamic jurisprudence.

Signup and view all the flashcards

Rational power

The power of reason and judgment that allows a person to make informed decisions.

Signup and view all the flashcards

Safih

A person easily deceived, lacking judgment.

Signup and view all the flashcards

Rushd

The opposite of safih, meaning mature in mind and able to make sound decisions.

Signup and view all the flashcards

Rashid

A person who manages their wealth responsibly and avoids extravagance.

Signup and view all the flashcards

Maturity of mind

A person's ability to make sound judgments and avoid reckless acts.

Signup and view all the flashcards

Extravagance

Excessive spending or wastefulness.

Signup and view all the flashcards

Minor's Contractual Power - Benefitting Contracts

A minor can make contracts that benefit them without needing their guardian's approval.

Signup and view all the flashcards

Minor's Contractual Power - Harmful Contracts

A minor cannot enter contracts that are considered harmful to them.

Signup and view all the flashcards

Minor's Contractual Power - Mixed Contracts

A minor can enter contracts that aren't clearly beneficial or harmful, but only with their guardian's permission.

Signup and view all the flashcards

Minor's Contractual Power - Overview

A minor's ability to make legally binding contracts is limited.

Signup and view all the flashcards

Minor

A person who is under the legal age of adulthood.

Signup and view all the flashcards

Judge's Approval

A legal decision made by a judge authorizing a transaction, usually involving the property of a minor or an individual deemed incapable.

Signup and view all the flashcards

Judicial Oversight

The requirement for a judge to review and approve a transaction involving a person who is not legally competent to act independently.

Signup and view all the flashcards

Commercial Transaction

A transaction involving the exchange of goods, services, or property, typically for monetary consideration.

Signup and view all the flashcards

Legal Capacity

The ability to legally engage in transactions and manage one's own affairs.

Signup and view all the flashcards

Study Notes

Contracting Parties

  • The contracting parties are the individuals who express the 'ijab' and 'qabul'.
  • For a valid contract, these parties must have legal capacity ('ahliyyah').

Definition of Ahliyyah

  • 'Ahliyyah' literally means capacity or competence.
  • Technically, 'ahliyyah' refers to the eligibility of a person to establish rights and obligations for themselves.

Types of Capacities

  • Muslim jurists recognize two types of capacity:
    • Receptive (passive) capacity ('ahliyyah al-wujub'): The ability to receive rights and obligations. All living humans possess this.
    • Active capacity ('ahliyyah al-ada'): The ability to manage one's wealth, exercising rights and taking on obligations according to Islamic law.

Types of Receptive Capacity ('Ahliyyah al-Wujub')

  • Incomplete Receptive Capacity: Allows a person to receive only rights, not obligations. This applies to a fetus.

    • A fetus is entitled to certain rights, including inheritance, a share in a will, and a share in a 'waqf' (religious endowment).
    • These rights are dependent on the fetus being born alive.

  • Complete Receptive Capacity: Allows a person to receive both rights and obligations. This is acquired after birth and lasts until death.

    • Children receive rights and obligations through their guardians.
    • They can enter contracts through their guardians.
    • They have obligations regarding payment of zakat (charity tax) and compensation for damage to others.

Active Capacity ('Ahliyyah al-Ada')

  • Incomplete Active Capacity: Applies to a child between the ages of 8–puberty.

    • A child in this age group may receive rights and obligations dependent on the ability to distinguish between good and bad (e.g., 'sabi al-mumaiyz')
    • Contracts entered into by an incompletely capable child are void without the permission of a guardian.

  • Complete Active Capacity: Applies upon reaching puberty and attaining intellectual maturity.

    • This allows a person to enter contracts independently without guardian permission.
    • The principal elements are puberty and intellectual capacity. The capacity to distinguish useful from harmful/unprofitable actions.

Obstacles to Capacity

  • Several factors may limit a person's capacity to enter into contracts:
    • Insolvency (or bankruptcy) occurs when a debtor's debts exceed their assets
      • Contracts entered into by an insolvent person are generally not valid unless the court approves them.
      • Court may sell assets to distribute proceeds to creditors.
    • Insanity: A person lacking the mental abilities for a rational decision
      • Contracts made by an insane person are invalid.
    • Idiocy: A person whose decisions and behaviour are inconsistent
      • Contracts entered into by an idiot may depend on whether they are harmful or not.
    • Unconsciousness: A diseased state affecting one's ability to think
      • Contracts made while unconscious are invalid.
    • Intoxication: Voluntary or involuntary, impairing rational decision-making.
      • Voluntary intoxication results in invalid contracts. However, involuntary intoxication may make contracts invalid depending on the legal school of thought.
    • Prodigality (Spending one's wealth wrongly): A person who wastes their wealth in an irresponsible manner
      • A court might appoint a guardian to manage that person's property.

Mortal Illness

  • A strong likelihood of death due to a severe illness
    • A person suffering from mortal illness may still make certain contracts such as waqfs, donations or gifts to heirs and non-heirs, but such contracts are limited to one-third of one's wealth.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

LECTURE 7 PDF - Islamic Law Capacity

Description

This quiz covers the fundamental principles of contracting parties in Islamic law, including the concepts of 'ijab' and 'qabul'. Learn about legal capacity ('ahliyyah'), its types, and how they apply to the validity of contracts. Test your understanding of these essential topics related to rights and obligations in Islamic legal framework.

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser