المسلمون على شروطهم إلا شرطًا أحل حرامًا أو حرّم حلالًا
Agreed conditions are generally binding, but they cannot make a prohibited matter lawful or a lawful matter prohibited.
This principle gives commercial contracts flexibility while keeping that flexibility inside Shari‘ah.
Commercial flexibility remains possible, but uncertainty should not be built into the basic existence of the sale. The parties should know what has been sold, for what price and under which valid conditions.
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partnership (مشاركة): Capital, Management and Ending the Partnership
المسلمون على شروطهم إلا شرطًا أحل حرامًا أو حرّم حلالًا
Agreed conditions are generally binding, but they cannot make a prohibited matter lawful or a lawful matter prohibited.
This principle gives commercial contracts flexibility while keeping that flexibility inside Shari‘ah.
Commercial flexibility remains possible, but uncertainty should not be built into the basic existence of the sale. The parties should know what has been sold, for what price and under which valid conditions.