ABSTRACT
The concept of Sighah is identical to the concept of agreement but major difference is the free consent. Sighah includes free consent of the parties but in the Contract Act, 1872 the free consent is treated as an independent ingredient of contract.
In Islamic Law it is either an offer or not but no otherwise but there is an exception to this general rule that is the case of auctions. Islam law recognize auctions in which one invites others to offer some bid. Invitation to treat is not recognized in Islamic Law. Pakistani Law give room to invitation to treat. Pakistani Law honor auctions, transfer of share etc by invitation of offer.
One Majlis for Ijab o Qabul is also condition precedent to the Sighah but there is no certain restriction of one session in Agreement, but in case of agreement offer and acceptance shall be communicated to the other party.
Islamic Law required that an offer shall be narrated in the past tense but there is no such requirement of narration in Contract Act, 1872.
Rana, Afrasiab Ahmed, Essentials of a Valid Contract: A Comparative Study of Sighah in Islamic Law and the Agreement in the Contract Act, 1872 (November 1, 2020).
First posted 2020-11-03 06:36:08
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