Contract

Holy Quraan

O you who believe! Fulfill your obligations. ( Surah 5, Verse 10)

O you who believe! When you deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing. Let a scribe write down faithfully as between the parties: let not the scribe refuses to write: as Allah Has taught him, so let him write. Let him who incurs the liability dictate, but let him fear his Lord Allah, and not diminish anything of what he owes. If the party liable is mentally deficient, or weak, or unable Himself to dictate, let his guardian dictate faithfully, and get two witnesses, out of your own men and if there are not two men, then a man and two women, such as you choose, for witnesses, so that if one of them errs, the other can remind her. The witnesses should not refuse when they are called on (for evidence). Disdain not to reduce to writing (your contract) for a future period, whether it be small or big: it is more just in the sight of Allah, more suitable as evidence, and more convenient to prevent doubts among yourselves, but if it be a transaction which you carry out on the spot among yourselves, there is no blame on you if you reduce it not to writing. But take witness whenever you make a commercial contract; and let neither scribe nor witness suffer harm. If you do ( such harm), it would be wickedness in you. So fear Allah; For it is Good that teaches you. And Allah is well acquainted with all things. If you are on a journey, and cannot find a scribe, a pledge with possession (may serve the purpose). And if one of you deposits a thing on trust with another, let the trustee (faithfully) discharge his trust, and let him fear his Lord conceal not evidence; for whoever conceals it, his heart is tainted with sin. And Allah knows all that you do. (Surah 2, Verse 282)

Hadeeth

A`ishah narrated: The Messenger of Allah said: "What is the matter with people who stipulate conditions which are not in the Book of Allah Exalted is He. Any condition which is not in the Book of Allah is void even if there were one hundred conditions -- the Book of Allah is more valid and the condition of Allah is more binding." ( Al-Bukhari and Muslim )

Amr b. `Awf al-Muzani narrated: The Messenger of Allah said "Reconciliation between Muslims is permissible except a reconciliation which prohibits the permissible [halal] and permits the impermissible [haram]. Muslims are bound to the conditions which they agree to, except for a condition which prohibits the permissible [halal] and permits the impermissible [haram]." ( A l - Tirmidhi and A l - Daraqutni)

AbduAllah bin `Umar narrated: The Prophet concluded a contract with the Jews of Khaybar, allowing them to work the land on the condition that half of the produce would be their share. ( A l - BukhƒrOE 2124 )

Uqbah bin Amir narrated: The Messenger of Allah said, "Of all the contractual conditions which you must fulfill, the conditions which make it legal for you to have sexual relations (i.e. the conditions of the marriage contract) have the greatest right to be fulfilled." ( A l - Bukhari 2520)

Umar narrated: Umar stood up and delivered a sermon in which he said: "Certainly the Messenger of Allah made a contract with the Jews concerning their properties; he said to them, "We allow you (to stay in Khaybar) as long as Allah permits you." ( A l - Bukhari 2528)