ʿAḳd
(2,130 words)

The ʿaḳd , in Muslim law, is properly the legal act, whether it relates to a contract or to a simple unilateral declaration, such as a will. More especially, however, the term ʿaḳd denotes the legal act which involves a bi-lateral declaration, namely the offer ( id̲j̲āb ) and the acceptance ( ḳabūl ). The offer by itself has no obligatory character, in Ḥanafite law. Mālikite law differs on this point. At all events, the ʿaḳd is formally constituted at the moment when the acceptance is given.

It is necessary at this point to distinguish clearly between the ʿaḳd or contract, and simple promises ( ʿi…

Cite this page
Chehata, Chafik, “ʿAḳd”, in: Encyclopaedia of Islam, Second Edition, Edited by: P. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel, W.P. Heinrichs. Consulted online on 17 November 2018 <http://dx.doi.org/10.1163/1573-3912_islam_SIM_0460>
First published online: 2012
First print edition: ISBN: 9789004161214, 1960-2007



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