he needs when it is in someone else’s possession—more often than not—except by means of it.
The formula (ṣīgha)
The form by which a sale is concluded is the offer, ijab (issued by the seller), such as his saying, “I have sold it to you for such-and-such,” and the acceptance, qabul (issued by the buyer), such as his saying, “I accept,” and the like.
The Ḥanbalis permit the contract to be finalized through an act-based formula known as muʿāṭā (hand-to-hand exchange). In this case no verbal offer and acceptance are uttered by the two parties; rather, the buyer simply places the price and takes the merchandise, or only one of the two statements is voiced. The muʿāṭā then substitutes for offer and acceptance because it indicates mutual consent and the law does not mandate particular wording.
Shaykh al-Islam Ibn Taymiyyah states that a sale is valid with any word or deed that people customarily regard as a sale, for Allah has not bound us to specific phrases; the purpose is merely to signal the intended meaning, and whatever wording achieves that purpose suffices.
Thus, among every people a contract is concluded by the formulas they mutually understand; there is no fixed, perpetual limit for this—neither in the Sacred Law nor in language. Rather, it varies with people’s conventions just as their languages vary. This principle is evidenced by the foundations of the Sharia and is something sound hearts intuitively recognize. It predominates in the legal methodologies of Mālik and Aḥmad.
The basic rule governing transactions and social customs is permissibility, by virtue of the verse, “He is the One who created for you all that is on the earth” (Quran 2:29).
Whoever declares any of these matters unlawful must bring proof, for he is claiming an exception to the basic rule. From this one perceives the tolerance, breadth, flexibility, and timeless suitability of the Sharia, and its ability to adapt to the changing circumstances of human beings, safeguard people’s interests, and uphold justice among them.
As for the prohibited transactions and contracts, they stem from injustice perpetrated by both parties or by one of them, and they all revert to three comprehensive principles:
1 The rule concerning ribā (usury).