Taradi (mutual consent in a contract)

Taradi is the agreement of two parties to make a contract without compulsion, and it is the basis of valid contracts. ^{1 2}

Rida in the language is liking and inclination toward an act or word; taradi, with its reciprocal form, shows that it is shared. Jurists use it for the agreement of the two parties to conclude a contract without compulsion. They cite the verse of surah al-Nisa (4:29) that trade should be by mutual consent. ¹

• Irada (will): aiming at a thing, wider than rida. ²
• Ikhtiyar (choice): wanting one thing in place of another; a person may choose what he does not like, as the compelled do. ²

The consent is normally expressed by offer and acceptance, or by a word from one side and an act from the other, as in mu'atat. ² The Hanafis and Malikis hold that the contract binds on offer and acceptance alone. The Shafi'is and Hanbalis hold that it binds only when the parties part, on the hadith that the two parties to a sale have the option until they part. The Hanafis and Malikis read parting as parting from the words of offer and acceptance. ² The fuller treatment is under parting and the option of the session. ³

• Compulsion: forcing a person to what he refuses by a threat the forcer can carry out. Most jurists hold that it voids the contract; the Malikis make it liable to annulment. ³
• Jest: speaking the words of a contract without wishing the ruling to take effect; most jurists hold that financial contracts made in jest do not stand. ³
• Pretence: a sham contract made for fear of a tyrant, which is void, invalid or valid according to the views. ³
• Deception and gross loss: the one who is cheated may cancel the contract; this is treated under loss and deception. ^{3 4}