The Nature of Establishment of a Contract (In’ikad)

As a social being, mankind is in need of certain things to survive. At the top of such needs come nutrition, accomodation and family. Meeting these needs requires entering into contractual relationships which bring about rights and duties. Required conditions must be met in order for private properties to be inherited by third parties and for the legitimacy by way of marriage, of intimacy between men and women who are forbidden by religion in principle. Accordingly, it is highly important to study conditions required at the stages of formation of a contract, its acquiring legal presence and gaining full legitimacy. The fact that the divine source of this legal system necessitates dual enforcement for illegitimate actions, in this world and here after, increases the importance of the subject even more.