The importance of mutual consent in social relationships under the shariah

Consent is recognized under Islamic Law as a necessary element in any social relationship (mu`amalat) 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:	Article
Language:	English
Published:	American Institute for Policy Development 2016
Subjects:	KBP Islamic Law
Online Access:	http://irep.iium.edu.my/57018/ http://irep.iium.edu.my/57018/ http://irep.iium.edu.my/57018/ http://irep.iium.edu.my/57018/1/Mutual%20consent%20article%202017%20%281%29.pdf

id	iium-57018
recordtype	eprints
spelling	iium-570182017-05-23T07:15:04Z http://irep.iium.edu.my/57018/ The importance of mutual consent in social relationships under the shariah Wan Muhammad, Ramizah Jahn Kassim, Puteri Nemie KBP Islamic Law Consent is recognized under Islamic Law as a necessary element in any social relationship (mu`amalat) 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 Qur'anic 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 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 have three basic elements, which are, (i) Intention (Niyyah); (ii) Will (Irādah); and (iii) Choice (Ikhtiyār). Consent is regarded as an indispensable element which must be obtained prior to any procedure of 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 Shariáh, then only the medical treatment will be considered to have been legally performed. American Institute for Policy Development 2016-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/57018/1/Mutual%20consent%20article%202017%20%281%29.pdf Wan Muhammad, Ramizah and Jahn Kassim, Puteri Nemie (2016) The importance of mutual consent in social relationships under the shariah. Journal of Islamic Studies and Culture, 4 (2). pp. 78-88. ISSN 2333-5904 E-ISSN 2333-5912 https://doi.org/10.15640/jisc.v4n2a8 10.15640/jisc.v4n2a8
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP Islamic Law
spellingShingle	KBP Islamic Law Wan Muhammad, Ramizah Jahn Kassim, Puteri Nemie The importance of mutual consent in social relationships under the shariah
description	Consent is recognized under Islamic Law as a necessary element in any social relationship (mu`amalat) 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 Qur'anic 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 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 have three basic elements, which are, (i) Intention (Niyyah); (ii) Will (Irādah); and (iii) Choice (Ikhtiyār). Consent is regarded as an indispensable element which must be obtained prior to any procedure of 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 Shariáh, then only the medical treatment will be considered to have been legally performed.
format	Article
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 shariah
title_short	The importance of mutual consent in social relationships under the shariah
title_full	The importance of mutual consent in social relationships under the shariah
title_fullStr	The importance of mutual consent in social relationships under the shariah
title_full_unstemmed	The importance of mutual consent in social relationships under the shariah
title_sort	importance of mutual consent in social relationships under the shariah
publisher	American Institute for Policy Development
publishDate	2016
url	http://irep.iium.edu.my/57018/ http://irep.iium.edu.my/57018/ http://irep.iium.edu.my/57018/ http://irep.iium.edu.my/57018/1/Mutual%20consent%20article%202017%20%281%29.pdf
first_indexed	2023-09-18T21:20:32Z
last_indexed	2023-09-18T21:20:32Z
_version_	1777411851936595968

The importance of mutual consent in social relationships under the shariah

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