What is attributed to the Prophet (peace and blessings be upon him): "The contract is the law of the contracting parties"
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Fatwa number ( 9562 ):
Q: One of the writers in one of the daily newspapers in the state of the United Arab Emirates wrote an article stating that the Messenger of Allah (peace and blessings be upon him) said: "The contract is the law of the contracting parties, except for a contract that makes the lawful forbidden or the forbidden lawful"; and since
what I have memorized is "Muslims are bound by their conditions, except for a condition..." the hadith, or "The believers are bound by their conditions," as in the other narration, I began searching for this hadith in the books of hadith at my disposal but did not find it. We ask you, Your Eminence, to inform us of the authenticity of this hadith with the wording mentioned by the writer .
A: What is attributed to the Prophet (peace and blessings be upon him) that he said: ("The contract is the law of the contracting parties...") we do not know of a hadith from the Prophet (peace and blessings be upon him) with this wording. Rather, it is something understood by some scholars from the texts of the Shari'ah, such as His saying, the Exalted:[An-Nisa 4:29] , and His saying, the Mighty and Majestic: [Al-Ma'idah 5:1] the verse. So he expressed his own understanding with the aforementioned phrase. And success is from Allah. And may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: One of the writers in one of the daily newspapers in the state of the United Arab Emirates wrote an article stating that the Messenger of Allah (peace and blessings be upon him) said: "The contract is the law of the contracting parties, except for a contract that makes the lawful forbidden or the forbidden lawful"; and since
what I have memorized is "Muslims are bound by their conditions, except for a condition..." the hadith, or "The believers are bound by their conditions," as in the other narration, I began searching for this hadith in the books of hadith at my disposal but did not find it. We ask you, Your Eminence, to inform us of the authenticity of this hadith with the wording mentioned by the writer .
A: What is attributed to the Prophet (peace and blessings be upon him) that he said: ("The contract is the law of the contracting parties...") we do not know of a hadith from the Prophet (peace and blessings be upon him) with this wording. Rather, it is something understood by some scholars from the texts of the Shari'ah, such as His saying, the Exalted:
O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent
يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ إِلا أَنْ تَكُونَ تِجَارَةً عَنْ تَرَاضٍ مِنْكُمْO you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.