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The question

Is it permissible for a Muslim woman to marry a non-Muslim?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

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 (), 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- 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.

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Ftawy
Original fatwa ID
58088
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