Examining the Conditions of Contract in Jurisprudence and Law

Abstract

Background and purpose: The purpose of this research is to examine the terms of marriage in jurisprudence and law. The research method in this study is based on the library method.

Research method: In collecting information, referring to reliable libraries and referring to authentic sources of Shia and Sunni jurisprudence have been done.

Findings: The results showed that Iqaa is opposite to contract in the composition sentence. When the order of the effect stops when another composition sentence is issued by another person, it is called contract, and if there is no need for both parties, it is called Iqaa. showed that contracts are of two types. First, gratuitous authorization contracts and compulsory exchange contracts, which are of two types. There are three types of contracts in terms of permissibility and necessity. The other side is permissible, and a contract that is permissible on both sides, such as mudarabah, partnership, deposit, loan, and power of attorney.

Conclusion: The conditions of marriage include the presence of words, being explicit, being Arabic, being in the past tense, prioritizing the request before the acceptance, the mutuality of the request and the acceptance, tanjiz (definiteness) and the matching of the request and the acceptance.