الآفاق اسلامی و تحقیقی مجلہ (Jan 2024)

The Contract Act 1872 and the Recommendations of the Council of Islamic Ideology Pakistan and Fatwa’s

  • Yasir Munir,
  • Dr. Shazia Kiyani,
  • Dr. Nasir Majeed

Journal volume & issue
Vol. 3, no. 2

Abstract

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The legal relationships between parties engaged in contracts in Pakistan are governed by the Contract Act of 1872. This act defines the rules for making and enforcing contracts, and outlines the rights and obligations of the parties involved. It covers various aspects related to contracts such as offer and acceptance, consideration, breach of contract, and remedies. The Council of Islamic Ideology Pakistan has issued recommendations on applying Islamic principles to contracts in relation to the Contract Act of 1872. The Council emphasizes the importance of following Islamic principles in contractual relationships, including mutual consent, fairness, and justice. Fatawa is a concept in Islamic law that refers to legal opinions or religious rulings issued by qualified Islamic scholars or muftis. The Council of Islamic Ideology Pakistan has issued fatawa to provide guidance on applying Islamic principles to contractual relationships in the context of the Contract Act of 1872. These fatawa provide a valuable resource for interpreting the Contract Act of 1872 in light of Islamic principles and emphasize the importance of ensuring that contractual relationships are based on fairness and justice, which aligns with the fundamental principles of Islamic law. Overall, the Council's recommendations and fatawa provide guidance for applying Islamic principles to contractual relationships, which can help ensure that contracts are entered into in a manner that is consistent with the Contract Act of 1872 and the principles of Islamic law.

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