Do written and oral contracts have a basis in the Islamic religion?
The division of contracts into written and oral is a correct division, for a contract can be concluded through oral offer and acceptance, or documentation by writing can be added to them. Jurists have used the noble verse as evidence for documenting contracts in writing: (O you who have believed, when you contract a debt for a specified term, write it down), and also what the Prophet, peace and blessings be upon him, did with Al-Adda' bin Khalid and others. And utterance is not the only way to express contractual will; rather, writing, the sign of a mute person, and mutual consent can substitute for it. Jurists have mentioned many benefits for documenting contracts, including: safeguarding wealth, preventing disputes, guarding against invalid contracts, and removing doubt. In summary, documenting contracts in writing is a pillar of contract theory in Islamic .
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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