Professional Documents
Culture Documents
Contrdiction
Contrdiction
The Contract Act 1872 was established on first September 1872 for the reason
to control every one of the arrangements and Contracts to save the privileges of
Parties of any such Agreement or agreement, occurring in Sub-Continent
governed by the British. The Contract Act, 1872 was passed by the British
India, in light of the standards of English Common Law. After parcel the
Government of Pakistan embraced it with specific alterations for a similar
reason for which it was sanctioned.
CONTRACT WITH RESPECT TO ISLAMIC LAW
The Islamic Religion stresses on the significance of the Law of Contract. The
Islamic law of Contract has itemized arrangements to guarantee suitable deals
between the organizations. Islam just Prohibits profit through usury or interest
in business as plainly referenced in the Al-Quran. Allah says in the holy Quran:
'Taking interest on credit is denied for you yet carrying on with work is allowed
for you'. This section of the Holy Quran is urging the business local area not to
loan cash with a decent pace of revenue. As a matter of truth, it urges the rich
individuals to give sans interest advances (Qard al-hasan) to poor people and the
poor individuals to assist them with settling their day to day needs for
endurance.
The principle is clearly stated in the Quran:
“o you who believe, fulfill your agreements” [al-Ma’ida:1]
“And mention in the Book, Ismail, he used to keep his promises,”
[Maryam:45]
“Those who keep their promises when they make them.” [Al-
Bakarah]
Conclusion
Contract Law in any system ensures the parties to Private Agreements
that any Promises they make will be enforceable through the
machinery of the legal system. There is huge Difference of practical
Implementation of the contract act 1872 and Islamic Contract law. In
our country we are following English generated Contract act 1872
and there are some Provisions of this act Conflicting to Islamic law
e.g. according to contract act 1872 Consent is treated another part or a
separate provision but Islam says if there are parties giving Assent for
Offer and Acceptance there directly Consent exist. There are other
examples of Contradictory Provisions discussed in above detail.