Definition
IQĀLAH (اقالة) - In Islamic law, IQĀLAH refers to the cancellation or dissolution of a sales contract or any other agreement. It is a mutual agreement between the parties involved to annul the contract, returning any exchanged properties or money to their original owners.
Etymology and Background
- Etymology: The term “Iqālah” (اقالة) comes from the Arabic root “ق-و-ل” (qal), which relates to the concept of saying or declaring. It involves “saying” that a contract is no longer valid.
- Background: Historically, Islamic jurisprudence emphasized fairness and mutual consent in transactions. The practice of IQĀLAH ensures that, if both parties decide that the contract no longer serves their interests, they can annul it without breach of trust.
Cultural Differences and Similarities
- In Islam: IQĀLAH is seen as a way to maintain the ethical integrity of business transactions and uphold mutual trust between parties.
- In Western Contract Law: Concepts similar to IQĀLAH include rescission, where a contract is canceled and the parties are restored to their positions prior to the contract.
- Similarity: Both Islamic and Western laws recognize the importance of mutual consent in terminating agreements.
Synonyms
- Termination
- Annulment
- Rescission
- Cancellation
Antonyms
- Enforcement
- Continuation
Related Terms with Definitions
- Sale (بيع): An agreement where a seller transfers ownership of goods to a buyer for a price.
- Contract (عقد): A binding agreement between two or more parties regarding ownership or provision of services.
- Mutual Consent (تراضي): Agreement by all parties to the terms and conditions of a contract or its dissolution.
Exciting Facts
- IQĀLAH reflects the principle of Maslahah (مصلحة), which prioritizes public interest and fairness in Islamic jurisprudence.
- It plays a significant role in financial and trade practices within Islamic societies, promoting trust and ethical dealings.
Quotations
“The most beloved of actions to Allah are maintaining trust and upholding fairness between individuals.” — Ibn Majah
References
- Al-Muwatta of Imam Malik
- Ibn Qudamah’s Al-Mughni
Suggested Literature for Further Studies
- “Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali
- A detailed look at Islamic legal principles, including contract laws.
- “Islamic Law of Contracts and Business Transactions” by Wahbah Zuhayli
- Comprehensive coverage of business and contract principles in Islam.
Quizzes
### What does the term IQĀLAH in Islamic law refer to?
- [x] Cancellation or dissolution of a contract
- [ ] Enforcement of a new contract
- [ ] Extension of a contract’s duration
- [ ] Madatory fulfillment of a contract
> **Explanation:** IQĀLAH in Islamic law pertains to the cancellation or dissolution of an existing contract by mutual consent.
### Which concept in Western law is most similar to IQĀLAH?
- [ ] Execution
- [x] Rescission
- [ ] Nullification
- [ ] Arbitration
> **Explanation:** Rescission is the closest concept in Western law to IQĀLAH, involving the cancellation of a contract and restoration of parties to their original positions.
### True or False: IQĀLAH requires the return of exchanged properties or money to their original owners.
- [x] True
- [ ] False
> **Explanation:** True. Upon invoking IQĀLAH, the properties or money exchanged under the contract are returned to their original owners.
Thank you for exploring the layers of IQĀLAH with us! May this knowledge illuminate the ethics and principles in your everyday interactions. Keep seeking wisdom and fairness in all you do! 🌟
Best regards,
Fatima Al-Samarrai
📅 Published on October 5, 2023
