Formation of contract under the Islamic Majallah and UNIDROIT Principles of 2010

Abstract

This article focuses on the rules for creating contracts under the Islamic Majallah and UNIDROIT Principles of 2010. The research uses an analytical approach and comparative Arab jurisprudence. To compare the Majallah and UNIDROIT Principles academically, this article’s focus is especially on countries where the civil law originated from the Majallah. Such countries include Jordan, Kuwait, and the United Arab Emirates. Here we show that the Majallah generally agrees with the UNIDROIT Principles regarding the rules of contract formation. The main points of disagreement between the two are seen in a very limited number of concepts.