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Offer and Acceptance

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

This chapter focuses on offer (ījāb) and acceptance (qabūl), which reflected the subsequent codifications of Islamic contract law. According to Kāsānī and Ibn Qudāma, a contract is fundamentally an agreement expressed through words or actions with clear evidence of ījāb and qabūl. Thus, the modes for the expression of offer and acceptance range between sigha qawliya (through words) and al-dalālāt al-hāliyya (understood from a situation or conduct). The chapter explains that ījāb and qabūl should coincide in the same session (majlis) as the contract does not conclude with the change of majlis. It elaborates on the concepts of khiyārāt relating to termination and the possibility of a contract.

Original languageEnglish
Title of host publicationIslamic Contract Law
PublisherOxford University Press
Pages29-48
Number of pages20
Edition1
ISBN (Print)0192893793, 978-0192893796
DOIs
Publication statusPublished - 25 Apr 2024

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