Analysis and Effect of Consent on the Validity Of Contract in Islamic Law

The purpose of this paper is to analyse legal effects of consent for the validity ofcontract in Shari’ah. The work began with the definition of concept of contract (aqd) inIslamic law. Consent is a basic requirement in every contract as it is a requirement forlegalising one person’s right to another in accordance with provisions of Shari’ah. Thework shall thus focus on the element that represent consent which is the offer andacceptance and discuss matters that vitiate its validity. Using inductive, doctrinal andhermeneutical methodologies, the authors have attempted to review several works ofjurisprudence. This implies Muslim jurists’ approach to the definition and classificationshall be adopted. It is observed that consent is central in validity of contract as each ofcoercion (ikrāh), mistake (al-khaṭa’), misrepresentation (tadlīs), fraudulent deception(ghabn), questions presence of consent; and therefore, such contract is in jeopardy asthe non-consenting party can terminate it. The research concluded by recommendedthat Muslims in their dealing with individuals and corporate bodies in transactions thatare governed by Islamic law- should be aware of injunctions related to consent as it canrender the contract void.

The purpose of this paper is to analyse legal effects of consent for the validity of
contract in Shari’ah. The work began with the definition of concept of contract (aqd) in
Islamic law. Consent is a basic requirement in every contract as it is a requirement for
legalising one person’s right to another in accordance with provisions of Shari’ah. The
work shall thus focus on the element that represent consent which is the offer and
acceptance and discuss matters that vitiate its validity. Using inductive, doctrinal and
hermeneutical methodologies, the authors have attempted to review several works of
jurisprudence. This implies Muslim jurists’ approach to the definition and classification
shall be adopted. It is observed that consent is central in validity of contract as each of
coercion (ikrāh), mistake (al-khaṭa’), misrepresentation (tadlīs), fraudulent deception
(ghabn), questions presence of consent; and therefore, such contract is in jeopardy as
the non-consenting party can terminate it. The research concluded by recommended
that Muslims in their dealing with individuals and corporate bodies in transactions that
are governed by Islamic law- should be aware of injunctions related to consent as it can
render the contract void.

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