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A New Perspective on the Initial Condition from the Viewpoint of the Qur’an, Ḥadīth, and Jurisprudential Opinions
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Seyed Mostafa Malihi   , Morteza Safari Tabar |
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Abstract: (15 Views) |
| This article investigates the concept of the “initial condition” (sharṭ-e ibtidaʾī) in human relationships within the framework of Qur’anic teachings, prophetic traditions, and jurisprudential opinions. Through an analysis of Qur’anic verses, aḥādīths, and legal discourse, the study highlights stipulation and covenantal commitment as foundational principles in structuring both social and individual interactions in Islam. Scriptural passages emphasizing fidelity to covenants, the role of intention, and the necessity of fulfilling agreements provide the basis for understanding the normative status of the initial condition. Beyond its legal dimensions, the initial condition is shown to serve as a means of clarifying interpersonal expectations, preventing disputes, and safeguarding rights in familial, commercial, and social contexts. Drawing on jurisprudential discussions, the paper distinguishes between valid initial conditions—those consistent with Islamic law—and invalid ones, such as illicit stipulations or conditions that create undue ambiguity or intolerable harm. Ultimately, the study underscores the constructive and regulatory role of valid initial conditions in human relations, demonstrating their consistency with the comprehensive and dynamic spirit of Qur’anic comprehensive teachings and guidance. |
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| Keywords: Initial Condition in the Qur’an, Fidelity to Covenants in Qur’anic Verses and Aḥādīths, Contract (‘aqd), Unilateral Declaration (īqā‘), Autonomy of Will, Initial Permission. |
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Full-Text [PDF 352 kb]
(10 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/09/14 | Accepted: 2025/09/1 | Published: 2025/09/1
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