🤝 Aqd: The Cornerstone of Contracts in Islamic Law 🕌

Understanding “Aqd” 🤝: The Cornerstone of Contracts in Islamic Law

Comprehensive Definition

Aqd (عقد) in Islamic jurisprudence is a contract or legal transaction that signifies a binding mutual agreement between parties. The scope of Aqd encompasses various contractual relationships such as:

• Marital Contracts (Nikah): The solemnization of marriage.
• Commercial Contracts (Bay‘): Including transactions like sales and purchases.
• Loan Agreements (Qard): Extending financial aid or borrowing money.
• Governance Agreements: The relationship between rulers and the ruled, often formalized through convocations.

Its actualization relies heavily on the principles of mutual consent, freedom from coercion, transparency, and ethical engagement.

Etymology and Background

The term Aqd derives from the Arabic root “عقد” (ʿ-q-d), which means to tie or bind, denoting the binding nature of contracts and agreements.

Historical Facts and Dates

• Qur’anic Injunctions: Aqd is rooted in Islamic teachings as seen in the Qur’an:
  • Surah Al-Ma’ida (5:1): “O you who have believed, fulfill [all] contracts.”
• Islamic Golden Age (8th-14th Century): Flourishing of Islamic jurisprudence and elaboration on the nuances of Aqd through texts by scholars such as Imam Malik and Al-Ghazali.

Cultural Differences and Similarities

Cultural Interpretations:

• Arab World: Strong emphasis on verbal agreements and familial consent in marriage contracts.
• South Asia: Practices around Dowry (Jahaiz) as part of the Aqd of marriage.
• Southeast Asia: Unique customs manifested in the “Ijab Kabul” ceremony during Aqd Nikah (marriage ceremonies).

Synonyms:

• Iqd: Another term signifying contract.
• Wathiqa: This refers to documentation or written agreements.

Antonyms:

• Faskh: Dissolution or nullification of a contract.
• Nassakh: Abrogation.

Related Terms with Definitions

• Nikah: Islamic marriage contract.
• Bay‘: Commercial transaction or sale.
• Qard: Loan or debt.
• Shiraa: Purchasing or buying.

Exciting Facts

• Contract of Qor’an: Qur’an mandates the writing down of debts to avoid disputes - (Surah Al-Baqarah 2:282).

Quotations

• Imam Malik: “Contracts must be honored and they must be fulfilled unless there is lawful justification otherwise.”

Suggested Literature and Other Sources for Further Studies:

• Books:

  • “Islamic Law: A Comprehensive Introduction” by Mohamed Hashim Kamali.
  • “Marriage and Family in Islam” by Muhammad Abdul-Rauf.
  • “Studies in Islamic Legal Theory” by Bernard G. Weiss.

• Articles:

  • “Contract Law in the Qur’an” available in various scholarly journals on Islamic jurisprudence.

• Online Resources:

  • Al-Islam.org: Articles and lectures on Islamic law and contracts.
  • Institute of Islamic Banking and Insurance: Resources on Islamic finance and contracts.

Thoughts and Figures

The act of Aqd reflects not just an agreement but represents a significant ethical and spiritual commitment upheld by values enshrined in Islamic teachings, forming a foundational aspect of social and economic life.

Inspirational Farewell

“In every Aqd, there is a bond of trust, a demonstration of faith and a call to sincerity. Let us remember that the beauty of an Aqd lies in its adherence to these noble values.”

• Faryal Siddiqui, 2023