Ijab (Offer) Ijab is the word first spoken for making a disposition of property and the disposition is proved

by it. According to the Shorter Encyclopedia of Islam, the term offer in a commercial transaction is really the sole declaration that the offer is irrevocable. In all legal transactions, including marriage, the observation of the prescribed legal form is most necessary and the mutual declaration known in Islam (Fiqh, al Ijab and Qabul) is the indispensable rule. Modes of Offer (Namat al-Ijab) i. by words / oral

Offer can be made by words used for concluding a sale (Bai) by the common usage and the custom of the place ii. by writing

offer could also be made by writing or deed which will have equal legal effect as the one made verbally and also be made in writing in the same way as it is made by the words. iii. by gesture

considered if it is made by a person who is incapable of making it either verbally or in writing For Example: an offer made by a handicapped or dumb or deaf iv. by conduct

offer by conduct is in all circumstances valid. For example, an offer by advance delivery or performance or payment or silence v. By Post and Telegram, Telex, Fax, Phone, or by E-Mail

represent an offer by word and writing vi. An offer could also be made using customary practices as provided and could also be made using the words of common usage and place.

Tense of Offer (Sighah al-Ijab) offer is generally made using past tense. But in some situations, an offer could also be made in other tenses and manners. It present tense then the sale is valid but if it indicates to a future tense then the sale is invalid. In other word, an offer is valid and has a legal effect if it is made using future or imperative sense the contract would be held invalid. provides that a sale is not concluded by words in the future tense. sale is not concluded by words in the imperative tense.

Counter Offer (Ard al-Muqabil)

In order to create a building agreement, the offer and acceptance must match. The offeree must accept all the terms of the offer. If in his reply to an offer, the offeree introduces or

poses a new term(s) or varies the terms of the offer then that reply cannot amount to an acceptance. Instead, the reply is treated as an offer itself, a free to accept or reject.

Revocation of an Offer (Ruju an al-Ijab)

According to Hanafi and Hambali School of jurisprudence, the offeror has the right to revoke at any time before the acceptance is made. Although, this right also theoretically exists in the Shafii School of Jurisprudence, it is doubtful whether the offeror will have even found time to exercise it. This is because; the Shafiis, require the acceptance to be made immediately after the offer was made, otherwise the offer will cease to exist.
According to Maliki School of Law, the offeror is bound by his offer until the meeting breaks up. Thus, if he revoked his offer and the offeree afterwards accepts before the meeting breaks up, the contract would be concluded. revocation of an offer can have any effect before it is communicated, does not, therefore, arise in Maliki School. Nor it is of much significance in Shafii and Hambali Schools. This is because, these two schools allow either party to repudiate the contract after it has been concluded, at any time before the meetings breaks up. In Hanafi School of law, two views in the matter, the revocation is not effective until it is communicated. Thus, if the seller should say, I have sold to you this for so much, and added, I have revoked my offer and the buyer without leaving the revocation should say, I have bought sale is not concluded. Termination of an Offer (Bultan al-Ijab)

Termination of an Offer (Bultan al-Ijab)

An offer could be terminated and will not have any legal effect it is made or faces the following circumstances: i. Revocation: if the offeror after making the offer at any time before it is accepted changes his mind and revoke his offer, the latter will be effective and the offer will be treated as terminated. ii. Rejection by the offeree: If an offer is not accepted rather it is rejected by the offeree, it will be treated as terminated. iii. Counter offer: An offer could also ceases its legal effect if it is neither rejected nor ignored by the offeree but the offeree is able to accept it in accordance with his own convenience, which means that the offeree may accept it with some additional condition in which the expression of the offeree would be treated as counter offer and it will eventually terminate the original offer.

Absence of Acceptance: An offer is made but no acceptance so far has received to it, hence the offer will be terminated. Death: Death of either the offeror or the offeree if occurs before it is accepted, the offer will be terminated.

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Lapse of time: An offer is made with a condition that it should be accepted within a specified period of time and if the offeree fails to accept within the prescribed time limit, the offer will be terminated.
Qabul (Acceptance) verbally spoken words by the second party when forming the disposition of property and with it, the agreement becomes complete. An acceptance means an act whereby a party agrees to a proposal, terms or offer made to him or undertakes a trust, office, or duty. In contract, it is the indication by a person to whom an offer has been made by mode or conduct that the assents to the offer made to him. If unqualified, a binding contract is thereupon concluded. According to Patrick Hughes, Qabul means consent. It is a term in Islamic law of marriage and contracts etc. Modes of Acceptance (Namat al-Qabul)

i. Oral Acceptance: An acceptance may be made by words of mouth so long as the offeror could understand it easily. (Hatab writes that an acceptance may be made either by word or sound so long as something covers the meaning of acceptances rending on obligation character on the contracts). ii. By writing: Article 173 of the Majallah provides that, an acceptance may be made by writing in the same way as it is made by words of month. iii. By Gesture: By virtue of Article 178 of the Majallah, the agreement by implication or gesture of the acceptance with the offer is sufficient. Article 174 also provides that a sale also be concluded by gesture made by a dumb person. iv. By Delivery: By virtue of Article 175 of Majallah, a sale is also concluded by an exchange being carried out, as that is evidence of that, which is the principal object of an offer and acceptance, which is the mutual agreement of the two parties. v. By Payment: An acceptance in a contract of sale could also be presumed by the payment of the buyer in consideration of the subject matter. vi. By Performance: An acceptance could also be made or presumed by the performance of the valuable consideration from the offerors part. vii. By Conduct: Hattab opines that it is not necessary that the acceptance be expressed in any special form; sign, conduct or word which conveys the idea of an acceptance renders and obligatory character on the contract. viii. By the Customary Practices: By virtue of Article 168 of the Majallah, an acceptance is the word used for concluding a sale by the common usage and custom of the place. ix. Letter of Post: A letter or message sent by post or messenger containing the message of acceptance may be substituted for a verbal and personal communication in the contract of

sale, the place of receipt of the letter and delivery of the message being accounted for the meeting.
viii. By Telex, E-mail, Telegrams, Phone and Fax: An acceptance also be made by these instantaneous methods of long distance communication so long as any method represent the actual nature and function of an acceptance made by word or writing is justified by the general principle of contract.

ii. Acceptance

a) Tense of Acceptance (Sighah al-Qabul)

For a valid contract, an acceptance must either be of past or present tense. In no situation, an acceptance could be justified if it referred to a future tense. UAE Civil Code, if the present tense is intended by an acceptance, the expression of intent may be expressed in the imperative. acceptance if made using a future tense or imperative tense indicating future tense or aorist tense, which indicates future tense, the contract will not be held valid. Islamic law prohibits Garar. Therefore, express stipulations must not be found in the future tense as it evolves around the element of Garar. But in the present or past tense or any word or sign or conduct which indicates an acceptance with past or present tense Communication of Offer and Acceptance (Ittisal) communication of the offer and acceptance appears to have played not a vital part in the Islamic law of transaction. Most of the texts are silent as to whether such a communication is essential for the formation of a valid contract. The Fiqh under the Hanafi School of Thought on the assumption that the parties are contracting orally and in the presence of each other make it a condition for the conclusion of the contract that the offence must hear the offer and the offeror must hear the acceptance.

The juristic basis for the necessity of this mutual hearing is not clear. According to one of the Fiqh, these can be no consent without such mutual hearing. Some other Fiqhs maintain that, the necessary connection between the offer and the acceptance will not take place unless each party hears what was said by the others. It has even been suggested that if the parties did not hear each other there will be no unity of the meeting place. Hanafi School is concerned, there will be no contract without such mutual hearing where parties are contracting in the presence of each other. Shafii school of thought maintains that it is not necessary that the offeree shall hear the offer or the offeror shall hear the acceptance provided that both the offeror and acceptance are made in a voice loud enough that it will normally be heard by those present in the meeting place.