Back to search

What is meant by the "maḥall al-ʿaqd" (subject matter/locus of the contract) according to Maliki jurists, and do jurists differ in defining the "maḥall" of a marriage contract?

1 min readAlso available in العربية

The object of a contract is what the contract applies to, and where its rulings and effects become manifest. It varies depending on the type of contract. It may be a financial asset, such as the item sold, or a service, such as the work of an employee, or a usufruct, such as the usufruct of a leased item. The object of a marriage contract, according to the Maliki school and others, is the two spouses. Jurists may also use the term 'object of the contract' to mean the place where the contract was concluded.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy