The Theory of Obligation in Jurisprudence and Law

Abstract

Commitment (obligation) is defined as a duty or a binding requirement. However, not every duty qualifies as a legal obligation; rather, the duty that rises to the level of an obligation is the legal duty—that is, one that can be enforced through a lawsuit before the القضاء (courts). It goes beyond the realm of morality. Although legal duty and moral duty coincide in several respects, they differ in others.

The importance of this theory lies in the breadth of its application, as it encompasses all aspects of financial life. It regulates contractual relationships between individuals (Article 166 of the Civil Code), whether these contracts are civil—such as gifts, wills, and various everyday transactions like purchasing food or household appliances—or commercial. Moreover, the theory of obligation is not limited to legal acts alone; it also includes all acts that may affect a person’s financial liability, whether intentional or unintentional. For example, if a child breaks a laptop, the owner has the right to seek compensation from the child’s father, in accordance with Article 134 of the Civil Code.

Thus, the source of obligation lies in a person’s voluntary actions through which they impose a right upon themselves—whether this right is owed to another person, such as obligations arising from contracts, undertakings, oaths, and stipulated conditions, or owed to God, such as vows to perform prayer, fasting, retreat (iʿtikāf), or charity.

This study focuses on the theory of obligation in both Islamic jurisprudence (fiqh) and law, examining the transactions associated with this theory from various perspectives—such as delivering the sold item to the buyer and the price to the seller, returning a deposited item to its owner upon request, and returning a leased property to the lessor upon the expiration of the lease term, among many other examples. It also clarifies related terms connected to the theory of obligation, explains their legal rulings in Islamic law, and identifies the corresponding legal provisions for each issue. Furthermore, Islamic law has established rules that are consistent with and suitable for both individuals and society, enabling them to function harmoniously in regulating personal and social affairs.