Al-Umari MRAlqudah MA (2024), "Contract and Aqd, are they functionally different?". International Journal of Law and Management, Vol. 66 No. 1 pp. 11–22, doi: https://doi.org/10.1108/IJLMA-03-2023-0040
The purpose of this paper is to determine whether there is any fundamental difference in the meaning of contract in these two legal systems by analysing some of the essential principles of contract particularly parties’ agreement and consideration.
Design/methodology/approach
This paper seeks to investigate the degree of equivalency of the term contract and its Islamic law counterpart “Aqd”. To implement this task, it applies some comparative law techniques to examine certain contractual elements under common law and Islamic law.
Findings
The argument that “contract” and “Aqd” are not equivalent is superficial, and it is not well-supported by concrete evidence. The examples used to build this argument are merely limited exceptions to the general principles of contract, and some of them even exist under both legal systems in a similar manner such …
