PhD student in criminal law and criminology, Faculty of Law،Farabi College of Tehran University, Tehran, Iran.
Abstract
Scholarly debate regarding the verse “fulfill [your] contracts” (awfū bi-l-ʿuqūd, Q 5:1) centers on the meaning of the imperative “awfū.” Three primary views exist. Some argue its direct import is a prescriptive duty (wujūb taklīfī), without implying the legal principle of bindingness (aṣālat al-luzūm), though a minority read it as implying bindingness indirectly. Others, while acknowledging the imperative’s primary appearance as a prescriptive command, reject this reading due to external contextual evidence and instead affirm its validity as establishing the legal bindingness of contracts. A third view interprets “awfū” comprehensively, encompassing both the obligation to fulfill agreements and the legal necessity of contractual permanence. This study demonstrates that the primary appearance of “awfū” as prescriptive remains only in contexts of possible prohibition or obligation. Since contractual freedom of choice between action and omission is certain, the prescriptive obligation falls away. Thus, the verse acquires a secondary appearance, functioning as an instructional directive establishing the necessity of contractual bindingness.
sajed,S. (2024). Feasibility of Establishing the Principle of Contractual Bindingness through the Verse of Fulfillment of Contracts. Quran, Islamic Jurisprudence and Law, 20(20), 35-54.
MLA
sajed,S. . "Feasibility of Establishing the Principle of Contractual Bindingness through the Verse of Fulfillment of Contracts", Quran, Islamic Jurisprudence and Law, 20, 20, 2024, 35-54.
HARVARD
sajed S. (2024). 'Feasibility of Establishing the Principle of Contractual Bindingness through the Verse of Fulfillment of Contracts', Quran, Islamic Jurisprudence and Law, 20(20), pp. 35-54.
CHICAGO
S. sajed, "Feasibility of Establishing the Principle of Contractual Bindingness through the Verse of Fulfillment of Contracts," Quran, Islamic Jurisprudence and Law, 20 20 (2024): 35-54,
VANCOUVER
sajed S. Feasibility of Establishing the Principle of Contractual Bindingness through the Verse of Fulfillment of Contracts. Quran, Islamic Jurisprudence and Law, 2024; 20(20): 35-54.
