The Concept of ʿAqd (Contract) in Islamic Jurisprudence: An Analytical Study with Reference to the Contract Act 1872

Abstract

The concept of contract forms the foundation of legal, commercial, and social transactions, making its study essential for both jurisprudential and practical purposes. This research explores the concept of ʿaqd (contract) in Islamic jurisprudence and examines its relationship with the modern legal framework of the Contract Act 1872. The study begins with a lexical and juristic analysis of ʿaqd, tracing its Qur’ānic foundations, linguistic dimensions, and scholarly interpretations, with particular emphasis on its essential elements: ījāb (offer), qabūl (acceptance), and irtibāṭ sharʿī (legal binding recognized by Sharīʿah). It further highlights the role of mutual consent (tarāḍī), intention (niyyah), and lawful subject matter as fundamental conditions for the validity of contracts. The research then evaluates the legal definitions of contract under the Contract Act 1872, focusing on the distinctions between promise, agreement, and contract, as well as the requirements of enforceability, consideration, and lawful object. A comparative analysis demonstrates that while the Contract Act 1872 is concerned primarily with enforceability under positive law, Islamic jurisprudence emphasizes both the external act of agreement and the internal dimension of Sharīʿah compliance. Consequently, Islamic law excludes void (bāṭil) contracts that contravene Sharīʿah conditions, whereas the Contract Act recognizes validity if statutory requirements are met, even when Sharīʿah principles are absent. This study concludes that the concept of ʿaqd in Islamic jurisprudence offers a more holistic framework, combining legal enforceability with ethical and spiritual dimensions, thereby providing a balanced approach to justice and accountability in contractual relations.