Is it permissible for a Muslim woman to marry a non-Muslim?
Summary of Rulings Pertaining to Contracting Agreements:
1. Definition of a Contracting Agreement ( 'Aqd al-Muqawala): A contract in which one party commits to performing a task or manufacturing something for another party in exchange for compensation, without there being a relationship of subordination.
2. Juridical Classification (al-Takyif al-Shar'i): It can be classified as a manufacturing contract (Istisna'), a lease contract (Ijarah), or an independent contract subject to the agreement of the two parties, provided it does not contradict Islamic law.
3. Subcontracting: Permissible, provided that the client (employer) does not stipulate that the original contractor must perform the work himself, and that the original contractor's personal identity is not a critical consideration.
4. Price Determination: It is permissible to determine a total sum based on specifications. It is permissible to determine the price based on a unit of measurement (e.g., per meter).
5. Payment Schedule: Permissible in stages of completion based on mutual agreement.
6. Penalty Clause (al-Shart al-Jaza'i): Permissible in a contracting agreement under certain conditions (not mentioned here).
7. Warranty against Defects: It is permissible to specify a certain period for warranting against defects, after which the contractor is absolved.
8. Note: The penalty clause in contracting agreements pertains to the non-execution of works as agreed upon or their delay.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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