Conditional Clauses in the Language of Donation Contracts: A Comparative Study in Islamic Jurisprudence

Abstract

This study investigates the concept of conditional clauses in contracts, particularly focusing on contracts of donation, which involve the free transfer of ownership by means such as gifts, charitable giving, and wills. This study emphasizes the importance of this topic considering its frequent occurrence in jurisprudential discussions, relevance to contractual stipulations, and practical implications for societal transactions. The study uses an inductive approach to analyze juristic opinion and a deductive method to derive rulings and their subsequent impact on contracts. Findings reveal divergent views among Islamic jurists regarding the permissibility of conditional clauses in donation contracts, particularly those executed during the donor's lifetime. While the Hanafi, Shafi'i, and Hanbali schools largely prohibit such conditions, the Maliki school, along with Ibn Taymiyyah and Ibn al-Qayyim, do permit them under certain circumstances. This study concludes that conditional clauses are generally permissible in donation contracts due to the contracts’ altruistic nature, thereby distinguishing them from purely compensatory contracts. This conclusion emphasizes the importance of flexibility and leniency in charitable dealings. Future studies could further explore the practical applications of conditional clauses in donation contracts across different legal systems to assess their compatibility with contemporary legal frameworks. Additionally, empirical research could examine how such conditions impact donor behavior and recipient obligations in various cultural and economic contexts. Comparative studies analyzing the enforcement of these clauses in Islamic and non-Islamic jurisdictions could provide valuable insights into their broader implications for contract law.