Nizā' (disagreement) in in Islamic law of contracts

Nizā' means a situation that occurs a severe disagreement between parties on account of uncertainty in a contract. The study aims to deal elaborately with the concept of nizā' that was put forwarded and advanced by the Ḥanafī school. This concept has a key and substantial role in settling disagreements related to contracts within the area of social transaction (muāmelāt). The incentive that stimulates to generate this study is the thought that the concept of nizā' is the main yardstick that influences the authenticity of contracts. As a result of this study, it is identified a number of indications that in the area of dept within Islamic law, the reason that gharar and jaḥāla lead to the fasat (improperness) and butlan (nulity) of contracts is to cause nizā' amongst the parties. This induces us to the hypothesis that the basic reason that conduces to fāsid contracts (improper contracts) is the concept of nizā', and then to the assumption that any contract which includes nizā' is identified as a fāsid. Within Islamic law, it is therefore conditioned that a contract should be prepared in a way that it does not lead to nizā', with the intent of obviating disagreements beforehand and minimising their bringing to trial. In this regard, it can be claimed that the concept of nizā' should be taken into consideration in studies related to contracts and their authenticity within Islamic law.