Mahal al Aad

This chapter explains that a maḥal al ʿaqd or maʿqūd is the subject matter of a contract, which could be defined by its movability and tangibility. It elaborates on the conditions that create contractual certainty which is the foundational principle for an agreement to qualify as valid and for the ensuing rights and liabilities to be enforceable. According to Islamic jurists (fuqahā), the conditions vary between the māl mutaqawwam (legal), existent, seller’s ownership, seller’s possession, delivery, and precisely determined (maʿlūm). The chapter discusses how the prohibition of an object becoming the subject matter of a contract may be excused by ʿurf (custom). It elaborates on how gharar (contractual uncertainty) is a hurdle to a valid contract, especially when the conditions of the maḥal al ʿaqd are not clear and the contract’s effects and results are not evident.