| المستخلص: |
Engaging in contracts is the product of a need for deal¬ing and exchanging [items] with others. Exchange has various forms that are subject to what is known as the theory of contracts that regulates economic activity, the principles of trade, commercial freedom, and the exchange of articles and usufruct. Engaging in one type of contract or another is an inevitable part of everyday life. This study does not address the entire theory of con¬tracts but is limited to defining the term and expositing its divisions. There are many categories of contracts with different considerations and more than one description may ap¬ply to a single contract. A contract with plural consid¬erations may have more than one description and fall under more than one category. Scholars classified contracts according to their purpose and the agreed upon object. Following is an explication of the notion of contracts followed by their most important divisions in Islamic jurisprudence. However, we would first like to draw at¬tention to two matters: 1- The general meaning of contract is the meaning in¬tended when dividing contracts into their various cat¬egories. It refers to an action (whether unilateral ex. an endower or bilateral ex. two parties to a sale) that gives rise to a legal ruling . It does not refer to the specific meaning which is the commitment of the contracting parties. This is because many of the categories men¬tioned by scholars such as divorce and others do not fall under the specific meaning of contract. 2- Some categories of contracts which will be men¬tioned in the study were not mentioned by the early scholars; these include contract classifications such as nominate and innominate and executed and executory contracts. They are classifications used by scholars of civil law which were subsequently taken up by contem¬porary scholars of Islamic law based on the characteris¬tics that differentiate one contract from another. This study includes an introduction and eight chapters: - The Introduction includes the definition of a contract. - Chapter I: The division of contracts in respect to their validity or invalidity. - Chapter II: The division of contracts in respect to ex¬pression: contract with immediate effect, contract with a term, contingent contract. - Chapter III: The division of contracts in respect to their goals and consequences. - Chapter IV: The division of contracts in respect to the condition of receiving the agreed upon article or lack thereof. - Chapter V: The division of contracts in respect to the agreed upon commodity. - Chapter VI: The division of contracts in respect to their nomination or lack thereof. - Chapter VII: The division of contracts in respect to their state of performance (executed and executory). - Chapter VIII: The division of contracts in respect to the existence of warranty or lack thereof
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