1. Surah Al-Baqarah ayat 2:282
1.1. 1. who have believed, when you contract a debt for a specified term, write it down.
1.2. 2. if the one who has the obligation is of limited understanding or weak or unable to dictate himself, then let his guardian dictate in justice
1.3. 3. bring to witness two witnesses from among your men. And if there are not two men, then a man and two women from those whom you accept as witnesses so that if one of the women errs, then the other can remind her.
1.4. 4. it is mentioned in Hadith that three kinds of people who air their grievances to God go unheeded. The first is the man who does not divorce his wife despite her being of bad character. The second is the guardian of the orphan who hands over the latter's property to him before his having attained the age of majority.
1.5. 5. This means that no person should be compelled to write the document or be its witness. It also means that no party of a dispute should persecute either a scribe or witness for witnessing against the interest of that party.
2. Foundation in Contract
2.1. 1. Belief
2.1.1. an acceptance that something exists or is true, especially one without proof
2.1.2. it can be define as aqidah or our faith which is comprises with 6 basic beliefs as follows:
2.1.2.1. 1, Faith in God
2.1.2.2. 2. Faith in Angels
2.1.2.3. 3. Faith in Scriptures
2.1.2.4. 4. Faith in Prophets
2.1.2.5. 5. Faith in resurrection and judgement day
2.1.2.6. 6. Faith in Destiny
2.2. 2. God consciousness
2.2.1. can be define as TAQWA or to implement the commandments and avoid those which are prohibited.
2.2.2. All parties involved in a transaction must realize that such the transaction a turst or, from ALLAH SWT and it is obligatory upon the offeree or the witness (if any), to transact honestly and justly based on the principle of islamic brotherhood.
2.3. 3. Knowledge
2.4. 4. Sincerity
2.5. 5. Human beings
2.6. 6. Sources of Law
3. formalities
3.1. Offer(IJAB)
3.1.1. 1. Modes of Offer
3.1.2. 2. Tense of Offer
3.1.3. 3, Counter offer
3.1.4. 4. Revocation of offer
3.1.5. 5. Termination of offer
3.2. Acceptance (QABUL)
3.2.1. 1. Modes of Acceptance
3.2.2. 2. Tense of Acceptance
3.2.3. 3. Communication of Acceptance