أثر الشروط في العقود وتطبيقاتها المعاصرة في المصارف الإسلامية

Abstract

This research is desired to clarify the impact of contractual conditions that one of the parties considered to take effect in a contract agreement. A contract term and additional condition on top of the legitimate terms could be what a contract requires; it could be what fits a contract, and what is beneficial to one of the parties of the contract and other objectives different from those mentioned. The researcher describes the rulings related to these conditions; either it’s valid, voidable or void one and its practice in Islamic banks. An analytical research methodology is implemented in this thesis with the aid of library archives, published internet articles and other Islamic jurisprudence books related to the subject matter of this topic. The researcher explains how conditions impacted significantly on a contract. The researcher affirms that only void and voidable contracts have adverse impact on contract. A valid condition which conforms to shariah complaints doesn’t have any adverse impact on contracts as well as a condition canceled. Any conditions requested by any of the parties which doesn’t comply with sources of shariah i.e. al-Qura’n, al-Hadith, and consensus of the companions are void. The conclusions in this thesis stipulate that some certain conditions are valid while some considered being void. The researcher proved that conditions that possess what a contract is based on whereby it goes in line with shariah rules and regulation whereby its absence in a contract makes a contract void in Islamic jurisprudence. Also, any reasonable contractual conditions, condition that is beneficial to either of the contractual parties is said to be valid conditions. Series of this kind of condition is clearly elaborated and practiced in Islamic banks.