Contractual Legal Capacity and Its Impediments under Islamic Law

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dc.contributor.authorAbdulWahab Mhammad Jamiu ELESIN
dc.date.accessioned2023-07-19T07:42:31Z
dc.date.available2023-07-19T07:42:31Z
dc.date.issued2021
dc.description.abstractContract law can be viewed as the main instrument of facilitating social interactions and distributing legal entitlements. Under the Islamic law, contract is “an expression of the matching between a positive proposal made by one of the contractors and the acceptance of the contract by the other contractor in a way which has an impact on the subject of the contract”. It well established that, for any contract/transaction to be validly concluded, there must be tarāḍīl-mutaʻāqidayn; (mutual consent or free consensus of the parties to the contract). Also, at-tarāḍī is only legally valid when the parties to the contract possess ahliyatul-ʻaqd (contractual legal capacity). Consent is when one does something voluntarily without being forced or coerced to do the act. In other words, contractual legal capacity of the party to a contract must be free from any invalidating factors. It is therefore pertinent to discuss contractual legal capacity and various factors that affect a person’s legal power from disposing his property and concluding the contract on the ground of lacking valid consent. This research is descriptive and doctrinal aiming at providing legal material for legal practitioners especially those who do not comprehend original language of the law. The research consulted Qur’ān, Sunnah, fiqh manuals, tafsīr books and academic literature. Our findings reveal that lack of proper understanding of the contractual legal capacity and its impediments may lead to miscarriage of justice. The paper therefore recommends that al-quḍāt (judges), muḥāmūm (lawyers), students of law as well researchers be well informed and be guided accordingly. Keywords: Islamic Law of Contract, Contractual Legal Capacity, Impediments of Contractual Legal Capacity, Interdiction of Contractual Legal Capacity
dc.identifier.citationELESIN AMJ (2021), Contractual Legal Capacity and Its Impediments under Islamic Law, Journal of Contemporary Commercial and Industrial Law, Vol. 2, Issue 2, December 2021, p. 99-124, published by Department of Commercial and Industrial Law, Faculty of Law, University of Port Harcourt, Choba, Rivers State, Nigeria
dc.identifier.issn2756 – 5718
dc.identifier.urihttps://kwasuspace.kwasu.edu.ng/handle/123456789/505
dc.language.isoen
dc.publisherJournal of Contemporary Commercial and Industrial Law, Department of Commercial and Industrial Law, Faculty of Law, University of Port Harcourt, Choba, Rivers State, Nigeria,
dc.relation.ispartofseriesVol. 2, Issue 2, December 2021
dc.titleContractual Legal Capacity and Its Impediments under Islamic Law
dc.typeArticle
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