Consideration (iwad) in contracts, marriage, injury and damage

العِوَض

In the lexicon, iwad is a substitute, what is given in return for a thing; it is also used of the reward in the hereafter 1. The jurists require that the consideration be paid in exchange contracts: the hirer and the lessor, the husband's dower, the one who destroys a thing must return its like or its value, and the killer owes the blood-money 1 2 3. Some things cannot be a consideration, such as blood, carrion and wine, and making a woman's intimacy the dower in a shighar exchange 2 4. Considerations are either financial or not, and in exchange contracts they must be known and fixed to end disputes; the law fixes some, such as the blood-money, the ransom and the expiations 4 5 6 7. A consideration lapses when the object perishes, by release of a debt, by pardon, or by conversion to Islam in the case of the poll-tax 8 9.

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Era
The Prophetic Era
Region
Global / Diaspora
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Development of law, theology and institutionsThe poor and the worker

Summary

In the lexicon, iwad is a substitute, what is given in return for a thing; it is also used of the reward in the hereafter 1. The jurists require that the consideration be paid in exchange contracts: the hirer and the lessor, the husband's dower, the one who destroys a thing must return its like or its value, and the killer owes the blood-money 1 2 3. Some things cannot be a consideration, such as blood, carrion and wine, and making a woman's intimacy the dower in a shighar exchange 2 4. Considerations are either financial or not, and in exchange contracts they must be known and fixed to end disputes; the law fixes some, such as the blood-money, the ransom and the expiations 4 5 6 7. A consideration lapses when the object perishes, by release of a debt, by pardon, or by conversion to Islam in the case of the poll-tax 8 9.

People and things also explored

Land taken by force in war ('anwa) and its legal status· Immovable property, real estate (aqar) and its legal effects· The contract (aqd): elements, offer and acceptance, and its kinds· Increase of the shares ('awl) in inheritance· Swimming (awm) and the instruction to learn it· Biting and the liability for injury it causes (add)· Justice and uprightness (adl)· Contagion (adwa)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11928
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11929
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11931
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11930
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11936
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11937
  7. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11938
  8. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11942
  9. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11943
Cite this page

islam.museum contributors. “Consideration (iwad) in contracts, marriage, injury and damage”. islam.museum, https://islam.museum/en/concept/iwad/. CC BY-SA 4.0. Last updated 2026-10-23.

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Related

Land taken by force in war ('anwa) and its legal status

In the lexicon, 'anwa is overpowering and seizure by force; as a term among the jurists it is what is taken from land in war by force and conquest, as against land taken by treaty. The jurists agree that movables taken in war are part of the spoils; they differ on land taken by force. The Hanafis hold that the imam chooses between dividing it and leaving its people on it for a land tax (kharaj), so that the army does not own it. The Malikis hold, in the preferred view, that it becomes an endowment for the Muslims. The Shafi'is hold that a fifth goes to the purposes named in the Qur'anic verse on spoils and the rest is divided among the fighters, unless they give it up for the public interest. The details are treated under «ghanima».