Implied contracts as a declaration of will in Islamic law

Human beings, as social entities by nature, engage in communication across various aspects of life. This communication, whether written, verbal, or actual, is contingent upon mutual consent for legal implications. The modes of expressing consent exhibit variability, emphasizing the crucial need for an unequivocal manifestation of internal consent. Without such clarity, establishing legal provisions becomes unattainable. The question of whether legal transactions can be established solely through behavior, without explicit verbal or written declarations, has long intrigued muslim jurists and found detailed examination in fiqh literature. In the contemporary era, this inquiry has taken on new and diverse dimensions, particularly influenced by current expansions within the field, warranting its consideration as a research topic. This study comprises an introduction, two chapters, and a conclusion. The introduction outlines the significance, purpose, boundaries, and sources of the subject. The first chapter establishes the conceptual framework, delves into the relationship between actions that give rise to implied contracts (ta'ātī) and related concepts, and discusses ta'ātī in terms of its legal nature, aiming to enhance comprehension. The second chapter presents the stances and rulings of classical fiqh doctrine on ta'ātī, using the four Sunnī schools of fiqh as a focal point. Subsequently, the modern expansions of ta'ātī are explored. The conclusion articulates the findings and opinions derived from the study