A Jurisprudential-Legal Interpretation of the Rule "Al-'Aqd Shari'at al-Muta'aqidīn" in Modern International Contracts

Abstract

The rule of "Al-'Aqd Shari'at al-Muta'aqidīn" is a fundamental principle in Islamic jurisprudence emphasizing freedom of will and the binding nature of contractual obligations. Rooted in Quranic verses and the Prophetic tradition, this rule has played a vital role in regulating legal and economic relations in Islamic societies. However, in the modern era, with the expansion of international trade and contracts, aligning this rule with modern legal principles and international law requirements presents both theoretical and practical challenges. This article, employing an analytical-interpretive approach, examines the theoretical foundations, scope, and applications of the rule in various legal systems. Additionally, the study analyzes its position in international contracts and its potential convergence with modern legal principles. The findings reveal that this rule, while relatively compatible with established principles in international law, offers significant potential for facilitating trade relations and resolving contractual disputes globally. Nevertheless, there is a pressing need to revisit traditional interpretations and develop new frameworks for its effective application in modern legal systems. Ultimately, the article provides recommendations for addressing conflicts between Islamic jurisprudence and international law, contributing to enhanced legal and economic interactions between Islamic and non-Islamic countries.