The importance of mutual consent in social relationships under the Shari'ah

Consent is recognized under Islamic Law as a necessary element in any social relationship (muamalat) between individuals. The importance of mutual consent between parties is regarded as predominant in various economic and non-economic activities, including business transactions, marriage contracts,...

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Main Authors: Wan Muhammad, Ramizah, Jahn Kassim, Puteri Nemie
Format: Conference or Workshop Item
Language:English
Published: 2015
Subjects:
Online Access:http://irep.iium.edu.my/42946/
http://irep.iium.edu.my/42946/
http://irep.iium.edu.my/42946/1/42946.pdf
id iium-42946
recordtype eprints
spelling iium-429462018-05-23T00:46:34Z http://irep.iium.edu.my/42946/ The importance of mutual consent in social relationships under the Shari'ah Wan Muhammad, Ramizah Jahn Kassim, Puteri Nemie K Law (General) KBP Islamic Law Consent is recognized under Islamic Law as a necessary element in any social relationship (muamalat) between individuals. The importance of mutual consent between parties is regarded as predominant in various economic and non-economic activities, including business transactions, marriage contracts, punishment of criminal offenders and even for those seeking medical treatment. Thus, the requirement for mutual consent is indispensable in any transaction, without which the contract will be declared as null and void and ultimately, carries no legal effect. This is based on Quranic verse which states: “O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent” (4:29). The Prophet Muhammad (peace be upon him) has also been reported to have said: “Sale is but based on mutual consent”. These evidences clearly depict that all transactions must be based on free willingness of parties involved and the principles governing consent under the Shariáh has three basic elements, that is, (i) Intention (Niyyah); (ii) Will (Irādah); and (iii) Choice (Ikhtiyār). Particularly, for those seeking medical treatment, consent is regarded as an indispensable element which must be obtained prior to executing the medical treatment. A doctor is under a duty to obtain consent from his patient beginning from the stage of informing the material risks to the patient until the completion of the medical treatment. Once consent has been obtained in accordance with the demands of the Shari’ah, then only the medical treatment will be considered to have been legally performed. 2015 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/42946/1/42946.pdf Wan Muhammad, Ramizah and Jahn Kassim, Puteri Nemie (2015) The importance of mutual consent in social relationships under the Shari'ah. In: 4th International Conference on Law & Society (ICLAS IV) 2015 , 10th-11th May 2015, Auditorium, Academic Building (UniSZA), Kuala Trengganu. http://www.unisza.edu.my/iclas2015/index.php?option=com_content&view=category&id=11
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
KBP Islamic Law
spellingShingle K Law (General)
KBP Islamic Law
Wan Muhammad, Ramizah
Jahn Kassim, Puteri Nemie
The importance of mutual consent in social relationships under the Shari'ah
description Consent is recognized under Islamic Law as a necessary element in any social relationship (muamalat) between individuals. The importance of mutual consent between parties is regarded as predominant in various economic and non-economic activities, including business transactions, marriage contracts, punishment of criminal offenders and even for those seeking medical treatment. Thus, the requirement for mutual consent is indispensable in any transaction, without which the contract will be declared as null and void and ultimately, carries no legal effect. This is based on Quranic verse which states: “O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent” (4:29). The Prophet Muhammad (peace be upon him) has also been reported to have said: “Sale is but based on mutual consent”. These evidences clearly depict that all transactions must be based on free willingness of parties involved and the principles governing consent under the Shariáh has three basic elements, that is, (i) Intention (Niyyah); (ii) Will (Irādah); and (iii) Choice (Ikhtiyār). Particularly, for those seeking medical treatment, consent is regarded as an indispensable element which must be obtained prior to executing the medical treatment. A doctor is under a duty to obtain consent from his patient beginning from the stage of informing the material risks to the patient until the completion of the medical treatment. Once consent has been obtained in accordance with the demands of the Shari’ah, then only the medical treatment will be considered to have been legally performed.
format Conference or Workshop Item
author Wan Muhammad, Ramizah
Jahn Kassim, Puteri Nemie
author_facet Wan Muhammad, Ramizah
Jahn Kassim, Puteri Nemie
author_sort Wan Muhammad, Ramizah
title The importance of mutual consent in social relationships under the Shari'ah
title_short The importance of mutual consent in social relationships under the Shari'ah
title_full The importance of mutual consent in social relationships under the Shari'ah
title_fullStr The importance of mutual consent in social relationships under the Shari'ah
title_full_unstemmed The importance of mutual consent in social relationships under the Shari'ah
title_sort importance of mutual consent in social relationships under the shari'ah
publishDate 2015
url http://irep.iium.edu.my/42946/
http://irep.iium.edu.my/42946/
http://irep.iium.edu.my/42946/1/42946.pdf
first_indexed 2023-09-18T21:01:11Z
last_indexed 2023-09-18T21:01:11Z
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