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Inqad (the forming and binding of an act, contract or office)

الانعقاد

Inqad is lexically the opposite of dissolution, and carries the senses of obligation, binding and confirmation. For the jurists it varies with the subject: the forming of a worship is its valid beginning, and the forming of a contract is the binding of offer to acceptance in the manner the law requires. 1 It differs from validity, which is reached only when all pillars and conditions are complete, whereas forming may occur before the conditions are complete. 1 A contract may be formed by words or by act, as the mu'atah is by most jurists. 1 What is void is by agreement not formed; the forming of invalid transactions is disputed. 2 The imamate is formed by the choice of those who loose and bind, or by the appointment of the previous holder with their allegiance. 2

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Era
The Prophetic Era
Region
Global / Diaspora
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Law and courts

Definition

Inqad is lexically the opposite of dissolution, with the senses of obligation, binding and confirmation. For the jurists it depends on the subject: the forming of a worship is its valid beginning, the forming of a child is the mother's conception, and the forming of a contract is the binding of offer to acceptance in the manner the law requires. 1

Forming and validity

Validity is reached only when all pillars and conditions are complete; forming may occur before the conditions are complete. 1

How forming occurs

  • By words: the contract formulas the law recognises, such as marriage. 1
  • By act: the mu'atah, which most jurists accept. 1
  • By allusion with intent: for acts a person can conclude alone, such as divorce, manumission and release. 1
  • In jest: marriage, divorce and return take effect in jest, on a report that these three are serious whether meant seriously or not; sales and similar contracts are not formed in jest. 2
  • By sign: most contracts are formed by the sign of a mute; most jurists do not accept the sign of one able to speak except with an excuse. 2

Void and invalid acts

What is void, whether worship or contract, is by agreement not formed. The forming of invalid transactions is disputed; the Hanafis hold that an invalid contract is formed but not valid. 2

Forming the imamate and offices

The imamate is formed by the choice of those who loose and bind, or by the appointment of the holder to his successor together with their allegiance. Muslims agree on the validity of such an appointment, since Abu Bakr appointed Umar and Umar left the matter to a council. Offices are formed by speech in person, and by writing in absence. 2

People and things also explored

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3510
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3511
Cite this page

islam.museum contributors. “Inqad (the forming and binding of an act, contract or office)”. islam.museum, https://islam.museum/en/concept/inqad/. CC BY-SA 4.0. Last updated 2026-10-23.

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Beliefs, concepts, sciences and schools, explained in plain words. Related

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.