Title of the research: "The Principle of Obligation in Contracts: Contemporary Study"

Authors

  • Hussam Hamza Kadhim Al Gburi Imam Al-Kadhim College for Islamic Sciences University

DOI:

https://doi.org/10.66026/t8v7mz70

Keywords:

Principle, Obligation, Contracts, Covenant, Origin, Jurisprudence

Abstract

        Jurists have shown significant interest in the jurisprudence of contracts throughout history, from the early days of legislation to the present time. Alongside practical messages and specialized books on religious rulings, there have been extensive and concise jurisprudential courses covering transactions and worship. Many scholars have authored books and treatises dedicated to contracts and obligations.

Several scholars have written numerous treatises on contract formats, including Al-Karki (940 AH) and his contemporary Al-Sheikh Ali Al-Maysi (938 AH), Al-Shahid Al-Thani (966 AH), Al-Majlisi (1110 AH), and others. Al-Wahid Al-Bahbahani also wrote a treatise on contract rulings, as did Mirza Muhammad bin Ashur Al-Kermani, Mirza Muhammad bin Sulayman Al-Tankaboni, and others.

From what we have mentioned, it becomes apparent that writing about contracts or contracts and obligations has a deep historical background and has taken various forms. Sometimes, it takes the form of practical messages aimed at providing readers with religious rulings without delving into the depth of research and jurisprudential reasoning, which was extracted from it.

      Other times, it takes the form of specialized books seeking evidence for rulings, discussions, and answers, but within the broader context of jurisprudence. And thirdly, it takes the form of specific treatises that focus on issues related to obligations and contracts.

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Published

2026-11-05