Contract (عَقْدٌ)
أصول الفقه
المعنى الاصطلاحي :
Correlating the offer issued by one party to the acceptance of another party in a way that makes a relevant Shariah ruling effective.
الشرح المختصر :
"‘Aqd" (contract) implies the association between two statements, one of them is the offer, and the second is the acceptance, in a manner that results in a Shariah ruling. In other words, making a transaction, like a sale, contingent on fulfillment of the offer and acceptance. If someone, for instance, says: "I sold you (such-and-such item)," and another one says: "I bought it," this will initiate a Shariah-approved concept, which is a sales contract. As a result, ownership of the item is transferred from the seller to the buyer, and the price is transferred from the buyer to the seller. Hence, "‘aqd" necessitates the presence of two parties whose wills are in mutual agreement.
التعريف اللغوي المختصر :
"‘Aqd": fastening, tying. Opposite: "hall" (loosening). Original meaning: connecting two ends together. Other meanings: adherence, documentation, covenant, confirmation.