Rida' (consent in contracts): its meaning, its place among the choices of the Hanafis and the majority, its defects, and its means of expression

الرضا (في العقود)

Rida' in the lexicon is contentment and a glad heart; in the Hanafi usage it is the choice brought to its full end so that its effect shows, and for the majority it is intent to do an act without coercion. ¹ The Hanafis distinguish choice from consent: a choice is valid under coercion short of compulsion, while consent is defective under it, so marriage, divorce and return are valid without consent in their view; the majority hold intent and consent the basis of all contracts. ^{2 3 4 5} The lawful taking of another's property depends on consent, by the verse 'unless it be trade by mutual consent'. ⁶ Defects of consent are coercion, ignorance, error, deception and exploitation; some make a contract void and others only open to annulment. ^{7 8} Consent is inward and is expressed by word, act, writing, sign, or silence in a place where speech is needed; a virgin's silence counts as consent to marriage. ^{8 9 10}