What Is Majlis al-‘Aqd (Contract Session) in Islamic Jurisprudence?

Answered by Shaykh Dr. Muhammad Abu Bakr Badhib

Question

Can you explain the concept of “Majlis al-‘Aqd” (contract session) and its significance from a jurisprudential perspective?

Answer

In the name of Allah, and all praise is due to Allah, and blessings and peace be upon our master Muhammad, the Messenger of Allah, his Family, his Companions, and those who follow him.

The science of Islamic jurisprudence (fiqh) is rich with terminologies that students of knowledge must understand and conceptualize properly to grasp and apply legal issues accurately. Understanding legal terminology is essential, especially since many classical texts and commentaries may not cover the details required in contemporary times. Hence, students should also refer to works by contemporary jurists. As Allah (Most High) says:

“And pray, ‘My Lord, increase me in knowledge.’” [Quran, 20:114]

Understanding Majlis al-‘Aqd

In the traditional Islamic legal context, Majlis al-‘Aqd refers to the place where the contracting parties convene to execute contracts. This basic understanding helps frame the various legal issues discussed in the books of jurisprudence.

Basis and Definition

The basis for considering the session as the setting for the contract is derived from the hadith:

“The two parties involved in a sale have the option to cancel the sale as long as they have not separated.” [Muslim]

The separation mentioned implies a physical meeting and subsequent departure.

According to “al-Mawsu‘a al-Fiqhiyya al-Kuwaytiyya,” Majlis al-‘Aqd is:

“The temporal unit that begins when an offer is made and continues as long as both contracting parties remain engaged in the contract, without either party displaying aversion to the agreement. It concludes when one of the parties leaves the location where the contract was made.”

Physical and Virtual Presence

Traditionally, this required the physical presence of both parties, but this presence serves the purpose of facilitating the mutual exchange of offer and acceptance. Thus, jurists have permitted contracts to be executed through written correspondence. [‘Abbas Husni, al-‘Aqd fi al-Fiqh al-Islami]

With technological advancements, social media platforms, and enhanced communication networks, new forms of Majlis al-‘Aqd have emerged, including virtual sessions. Contemporary research has explored this, such as the study titled “Majlis al-‘Aqd al-Iliktruni” (Electronic Contract Session) by researcher Lama Salhab, which proposes a definition: “A session in which the contracting parties are present either physically or legally during the agreement, often virtually when conducted via electronic means.” [Lama Sahlab, al-‘Aqd al-Iliktruni]

This includes contracts concluded through video conferencing.

Conclusion

This brief explanation summarizes the concept of Majlis al-‘Aqd in Islamic jurisprudence. For more detailed discussions, one should refer to books on contracts in Islamic law and related legal studies.

Allah is the One who grants success and guides to the straight path.

[Shaykh] Dr. Muhammad Abu Bakr Badhib

Shaykh Dr. Muhammad Abu Bakr Badhib is a prominent Islamic scholar from Yemen. He was born in Shibam, Hadhramaut, in 1976. He received his degree in Shari‘a from Al-Ahqaf University, a master’s degree from the Islamic University of Beirut, and a PhD in Usul al-Din from Aligarh Muslim University (AMU).

He studied under great scholars such as Shaykh al-Habib Ahmad Mashhur al-Haddad, Shaykh Fadl Ba‘ fadl, Habib Salim al-Shatiri, Habib Ali Mashhur bin Hafeez, and others. He has served as the Director of Publications at Dar al-Fiqh, the former Deputy Director of Cultural Relations at Al-Ahqaf University, a former Assistant for Employee Affairs at Atiyah Iron Company, a researcher at the Sunna Center affiliated with the Dallah al-Baraka Foundation, and a researcher at Al-Furqan Foundation’s Makka al-Mukarrama and Madina al-Munawwara Encyclopedia branch.

Currently, he is a researcher at Al-Furqan Foundation’s Makka al-Mukarrama and Madina al-Munawwara Encyclopedia branch, teaches traditionally through the Ijaza system at Dar al-Fuqaha in Turkey, supervises the Arabic department at Nur al-Huda International Institute (SeekersGuidance), and is a member of the Board of Trustees of the Manuscript House in Istanbul.

His works include “The Efforts of Hadhramaut Jurists in Serving the Shafi‘i School,” “Contributions of Hadhramaut Scholars in Spreading Islam and its Sciences in India,” “Hada’iq al-Na‘im in Shafi‘i Fiqh,” in addition to verifying several books in Fiqh, history, the art of biographies, and Asanid (chains of narration).