Name:WAN NUR AQILAH BINTI WAN KHAIRUSATI

Matric number:2217610
Tutorial time: 3PM-4PM

SHAS 2318
Tutorial Question 1
Definitions of Mithaq ‘Ahd, Wa’d and ‘Aqd and Their Differences

Cite evidence from the Quran or Sunnah (write the original text and its translation) that uses the terms mithaq (
‫)ميثاق‬, ‘ahd (‫)عهد‬, wa’d (‫ )وعد‬and ‘aqd (‫)عقد‬. Draw 2 inferences from the evidence.

Mithaq (‫)ميثاق‬:
Evidence: ‫َّلِذيَنُيوُفوَن ِبَعْهِد لَّلِه َواَل َينُقُضوَن ْلِميَثٰـَق‬.
Those who fulfil the Covenant of Allah and break not the mithaq (bond,treaty,covenant).
Inferences:
Mithaq is an agreement between 2 parties
The agreement includes not breaking the covenant between God & His creation. To do so, it is as simple as
making sure we perfrom our 5 daily prayers & avoid harmful acts which Allah has prohibited.

‘Ahd (‫)عهد‬:

Evidence: Who break the covenant of Allah after contracting it and sever that which Allah has ordered to be
joined and cause corruption on earth. It is those who are the losers
Inferences:
The covenant here is the agreement between us with Allah when out souls were given to us before we step foot
into this world.
Another covenant is between us with the Prophet & it is to say those who can not maintain their part of the
agreement are those who are the source of evil in this world. For instance, questioning the Quran & having
doubts about the divine scripture although they are muslims.
A covenant that is directive to safeguard, and confirmed
For instance: an agreement made by the buyer and seller to buy particular items from the seller at a given price
in order to protect both parties from being swindled by each other.

Wa’d (‫)وعد‬:

Evidence: So be patient, [O Muhammad]. Indeed, the promise of Allah is truth. And ask forgiveness for your sin
and exalt [Allah] with praise of your Lord in the evening and the morning
Inferences:
Allah encourages His creations to seek His forgiveness regardless of how big or small the sin is. He love those
who His seek Him.
People who are ignorant of the truth about Allah & His messenger will truly be punish by Him. As an example,
believing in zodiac signs eventhough Allah has prohibited so.
A promise is a statement that a person tells somebody that he will definitely do or not do something. It is a
verbal proposition made by someone to undertake something to the benefit of another person
For instance: a promise to marry & the woman can decide the amount of the dowey before their marriage.

‘Aqd (‫)عقد‬:
Terms ‘aqd Iltizam Tasarruf Al-iradah al
munfaridah
Meaning An agreement of a subject It is an obligation/ Voluntary Inclination
matter based on offer and commitment undertaken communication or towards
acceptance with 2 by a person to bind action of a person something that
contracting parties himself either by his own which gives rise to a deems to be
will or by force of law legal effect according beneficial
such as sale and hire to Shariah
contracts
Differences Unilateral contract Bilateral & unilateral Not a contract Unilateral
Specific action of offer & contract Broader as it is not a contract
acceptance Not specific as ‘aqd as it specific act or saying
can be forced or by
wiliingness.

Similarities Have legal affect once Have legal affect once Have legal affect -
contract made contract made once contract made

Examples Divorce & waqf Sale & hire contracts Stealing,killing, Insurance
nazar to not speak for
3 days.

Evidence: ‫ َﺃَّﻥ َﺭ ُﺳ ْﻮَﻝ ﺍﻟﻠِﻪ َﺻَّﻠﻰ ﺍﻟﻠُﻪ َﻋَﻠْﻴِﻪ َﻭَﺳ َّﻠَﻢ َﻋﺎَﻣَﻞ َﺃْﻫْﻞ َﺧ ْﻴَﺒَﺮ ِﺑَﺸ ْﻄِﺮ َﻣﺎَ ﻳْﺨ ُﺮ ُﺝ ِﻣْﻨَﻬﺎ‬،‫َﻋِﻦ ْﺍﺑِﻦ ُﻋَﻤَﺮ َﺭ ِﺿَﻲ ﺍﻟﻠُﻪ َﻋْﻨُﻬَﻤﺎ‬
ِْ ٍَ َْ ٍَ َ ِْ
It is narrated by Ibn Umar [Link]: “Indeed, the Prophet PBUH took wages from the people of Khaybar
with the price of half of the production (the plant) collected like fruits and plants”

Inferences:
An agreement of a subject matter based on offer and acceptance with 2 contracting parties
It’s purpose is to protect human needs and necessities in an agreement so no party is cheated into making a deal
without any form of declaration nor formal agreement.

Explain the differences of the meaning of the terms ‘aqd, iltizam, tasarruf and al-iradah al munfaridah and
provide examples.