How to write A contract: Step by step guide

 How to write A contract?

When two or more persons agree to do or not to do something, it is called making an agreement or making a contract, and if such an agreement involves the transaction of money, It becomes more important. This is such an important matter that there are orders for it in the Holy Quran in detail, but generally, doing financial transactions with someone, and asking them to reduce the terms and conditions in writing in the form of a legal contract, is not welcomed by the people as they consider this act as suspicious and bad.

 However, if the intention is clear, none of the parties should hesitate to put such matters in writing, but It is a pity that we Muslims do not implement many such commands of Allah Almighty which are the cause of absolute good for us.

  Therefore, in this regard, Allah says in the Holy Qur'an:

  O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write [it] between you in justice. Let no scribe refuse to write as Allah has taught him. So let him write and let the one who has the obligation dictate. And let him fear Allah, his Lord, and not leave anything out of it. But 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. And bring to witness two witnesses from among your men. And if there are not two men [available], 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. And let not the witnesses refuse when they are called upon. And do not be [too] weary to write it, whether it is small or large, for its [specified] term. That is more just in the sight of Allah and stronger as evidence and more likely to prevent doubt between you, except when it is an immediate transaction which you conduct among yourselves. For [then] there is no blame upon you if you do not write it. And take witnesses when you conclude a contract. Let no scribe be harmed or any witness. For if you do so, indeed, it is [grave] disobedience in you. And fear Allah. And Allah teaches you. And Allah is Knowing of all things. (Surah Al-Baqarah. verse 282)

What is a Contract?

To agree/to commit means to acknowledge something/action that two or more parties intend to do or not to do in the future. By entering into a contract, certain rights and duties arise that the parties can enforce through the law through the court. Contracts enjoy legal protection under the following laws

1. The Contract Act of 1872

2. The Specific Relief Act of 1877

3. Civil Procedure Code of 1908.

An agreement can be oral or written. Both types of contracts require the presence of two witnesses.

Who can make a contract?

Every person who is sane and mature, and who is not restricted by law or judgment from entering into a contract, is competent to enter into a contract. Minors can enter into a contract through their guardian or  Natural guardian.

Essential elements of a contract:

An agreement will be called legal only when it contains the following elements and such an agreement can be enforced by the court;

1. The parties are competent to enter into a contract.

2. While agreeing, the parties shall be free from all forms of pressure, coercion, fraud and deception and declare to agree in their full consciousness.

3. The text, contents and purpose of the contract shall be fully legal and enforceable under law.

4. There should be a legal exchange in the contract.

5. A contract imposes certain rights and obligations on the parties.

6. Whether the contract is verbal or written, the presence of two witnesses is mandatory, who can testify about the text of the contract. For that, the witnesses must also be wise and mature. Witnesses can also fully understand the contents of the agreement.

  If a contract fulfils all the above points, it will be called a legal contract and will have full protection under the law. If neither of the parties lives up to the contract, the aggrieved party has recourse in court under the Specific Relief Act, of 1877 and if he has suffered any loss, he will also be awarded damages. But for this, it is important that the contract is according to the legal requirements and there is no need to struggle for a long time to prove the legality of the contract in Court.

 

Study Achievement:

Every mature and sane person must be aware of all these details to avoid any kind of legal complications. Courts also recognize the Nikah Nama as a legal contract and enforce all the terms and conditions that are written in it, but the contents must also be fully legal. Any illegal condition that has no legal value cannot be enforced by Court.

                                                                                                                                              

...................Written by Advocate Afshan Saleem