Aqd
Definition
Aqd (Arabic: عَقد) refers to a contract or legal transaction within Islamic law. The term encompasses the conclusion of various types of contracts, including those for sale, loan, marriage, and other legal actions made effective upon the acceptance of an offer. Aqd requires mutual understanding and free, non-coerced agreement from all parties involved. It can also refer to legal documents—such as property titles or wills—and political contracts for governance between rulers and the governed.
Etymology and Linguistic Background
Aqd is derived from the Arabic root ‘A-Q-D, meaning “to tie” or “to bind,” signifying the binding nature of contracts and agreements. The same root is present in the Turkish term “Akid”, bearing similar meanings.
Legal and Social Context
Contracts of Sale and Loan
In commercial settings, aqd covers contracts for the sale of goods, loans, or other financial transactions. Each contract must specify the terms, parties involved, and the obligations unveiled during negotiations.
Marriage Contracts
In family law, aqd al-nikah (عقد النكاح) refers to marriage contracts. These contracts set forth the mutual consent and obligations of spouses and are foundational to establishing ethical and legal marital relationships.
Governance Contracts
In political arenas, aqd encompasses agreements characterizing governance covenants. For example, bay‘ah (بيعة) represents pledges of allegiance and mutual agreements between a ruler and the governed for effective political leadership and administration.
Further Studies
- “Islamic Law and Finance: Religion, Risk, and Return” by Frank E. Vogel and Samuel L. Hayes
- “An Introduction to Islamic Law” by Wael B. Hallaq
- “Marriage and Slavery in Early Islam” by Kecia Ali
- “The Doctrine of Political Responsibility in Islam: Restoring the Caliphate State of the Children of Abraham” by Imran Ahsan Khan Nyazee
Key Takeaways
- Aqd involves binding legal and social agreements, mandatory mutual consent, and voluntary association in commerce, marriage, and governance.
- It illuminates the principles of fairness, voluntariness, and mutual understanding foundational to Islamic jurisprudence.
- Aqd models an intrinsic part of Islamic legal, social, and political realms, emphasizing ethics, legal formalities, and governance accountability.
Conclusion
In Islamic jurisprudence, Aqd is pivotal in facilitating various legal and social agreements while underscoring essential principles like mutual understanding and voluntary participation. It’s fundamental across different interactions—commercial, personal, and political—cementing the ethical and legal fabric of Islamic societal relations.
This dictionary entry should help clarify the multifaceted implications and applications of aqd in an Islamic legal and sociopolitical context.
