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Mahall al-Aqd


Arabic (محل العقد) for subject-matter of the contract (aqd)- i.e., the value and countervalue (amwal) exchanged in a contract (specifically in a commutative contract/ aqd al-muawadhah). For example, in a contract of sale (ba’i/ bay’), mahall al-aqd consists of both the object of sale (such as a commodity) and the price (thaman). Likewise, it includes the two in-kind items exchanged in a barter transaction (muqayadhah).

In noncommutative contracts (uqud al-tabarru’/ uqud al-tabarruat), there is only one subject matter (mahall): the donated item (the amount of wealth given by one party to the other, gratis).

Mahall al-aqd is one of the essential elements of the contracts (arkan al-aqd).



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