Urdu-24 An Interpretation of the Different Stages and Procedures of Contracts in the Era of Ignorance and the duration of Islam

Abstract

Ever since the beginning of human pedigree/genealogy religion has remain the binding force of man’s social life by giving him a sense and account of his individual and collective responsibilities. Religions make certain practices binding on their believers to keep the society, man, and nature in harmony among each other. Islam provides clear, logical, and improvised (Fiqhee) bases for the ends mentioned earlier in the form of obligations defined and laid out for every person capable of solid reasoning. These bases are known as “aqd”in Islamic Shari’-a body of Islamic injunctions binding on believers to lead successfully a meaning full life. Aqd covers all aspects of Muslim society for varied needs of social life: hence emerging in different forms for different aspects of Muslims’ social life ranging from marriage to state affairs with the sole objective of making people realize their role in the society, that they are responsible and answerable before other human beings and Allah for their choices and deeds. In Arabic the word “Aqd” means “fastening or tying together of two or more things”. The injunctions of Aqd having vast connotations concerning the very meaning provided above makes it most concise and comprehensive aspect of Islam. Contemporarily Aqd translates to legal terms such as “contract, oath, lease, deed, pact, charter, covenant, act, intrument, cast, contribute, and agreement to mention the very few. As for the connotative aspects taken into account, Islam provides guiding principles and conditions for establishing or declaring an act or practice to be labeled as “aqd”. These concerns of these principles range from fostering relationships to governing a state. The article explores the etymological information about aqd, its historical significance, and brings together the perspectives of different and prominent early Islamic schools of thought on the subject concerned. The article is part historical, and part content analysis on the literature concerning the subject of “aqd” through the words of Qur’anic scripture, sayings of Prophet Muhammad (PBUT), and Leading noble scholars of Islamic education and practices.