The Three Pillars (Arkan)
1. Sigha — The Form: The contract is created by ijab (offer) and qabul (acceptance). Both must:
- Be expressed verbally or in writing (or by conduct where customary)
- Match each other precisely — a qabul that modifies the ijab creates a counter-offer, not acceptance
- Occur in the same session (majlis al-‘aqd) without interruption in classical Hanafi and Maliki doctrine
2. Al-‘Aqidan — The Contracting Parties: Must have:
- Ahliyya (legal capacity): mental competence and age of majority
- Wilayya (authority): acting within one’s own right or with valid agency (wakala)
- Freedom from compulsion: a contract concluded under illegitimate duress is voidable
3. Ma’qud ‘Alayh — The Subject Matter: Must be:
- Lawful: pig, alcohol, stolen goods cannot be contracted over
- Existing or capable of existing: things that are purely imaginary cannot be subject matter
- Deliverable: the seller must be capable of delivering what they promise
- Specified: sufficient certainty to prevent gharar
The Taxonomy of Contracts
Sahih (valid): all pillars and conditions met; full legal effect
Fasid (defective/irregular — Hanafi term): pillars present but a condition violated; contract has partial effect but must be corrected; once the defect is cured, the contract becomes sahih
Batil (void): a fundamental pillar is absent or the subject matter is inherently unlawful; no legal effect whatsoever
Mawquf (suspended): dependent on third-party ratification (e.g., a minor’s contract awaiting guardian approval); neither fully binding nor void
Conditions Stipulated by Parties
Islamic contract law allows significant party autonomy to add conditions (shurut), provided:
- The condition does not contradict the nature of the contract
- It does not create unlawful elements (such as a condition that introduces riba)
- The Maliki and Hanbali schools are more permissive on party stipulations than Hanafi and Shafi’i schools
See also: Fiqh Al Buyu, Fiqh Al Ijarah, Fiqh Al Nikah, Fiqh Al Wasiyyah, Fiqh Al Mawarith, Waqf