A Comparative Analysis of the Rule "Al-'Aqd Shari'at Al-Muta'aqidain" in Modern Contracts and Islamic Law

Abstract

The rule "Al-'Aqd Shari'at Al-Muta'aqidain" (contracts as the law between the parties) is a fundamental principle in Islamic jurisprudence, stating that contracts are binding between parties unless they contradict Shariah principles. This study conducts a comparative analysis of this rule in Islamic law and its applications in modern contracts. Initially, the concept of the rule in traditional Islamic jurisprudential texts is examined, followed by its application in contemporary legal frameworks, particularly in international and commercial agreements. The study addresses challenges such as reconciling this rule with human rights principles and freedom of will, offering practical examples of its application in complex modern contracts like investment and partnership agreements. The findings reveal that while the rule aligns with Islamic legal principles, adapting it to new conditions requires innovative ijtihad and interpretation. The research also discusses the limitations and exceptions of this rule within Islamic jurisprudence and modern legal systems.