THE PRINCIPLE OF INDIVISIBILITY OF CONTRACT IN HANAFI LEGAL THOUGHT: ITS NATURE AND REFLECTIONS IN PRACTICE

From the perspective of Islamic law, it can be stated that contracts are fundamentally shaped by divine principles and the will of the parties involved. There are principles that must be followed in shaping contracts and that ensure adherence to the requirements of the legal and ethical system established by Islamic jurists based on revelation, as well as preventing the corruption of the primary objectives. The principle of the indivisibility of the contract is one such principle among them. The principle of the indivisibility of the contract is not examined as an independent topic or under a specific section in jurisprudential works. Instead, it is a principle that is referred to when discussing contracts in relevant contexts. This situation has made it necessary to establish this principle by deriving it from specific legal issues to which jurisprudence scholars have associated this principle and extrapolating it to encompass general legal matters through a process of deduction. There are certain advantages to evaluating different schools of Islamic jurisprudence together due to the opportunity it provides for comparison. However, there are also significant benefits to adhering to a single school of thought while considering its internal coherence. In particular, it can be counted among these benefits that it reduces confusion of opinions and concepts when examining a specific topic, ensures a better understanding of the relevant topic within the framework of the school’s own systematic approach, and facilitates establishing a healthy connection with known school of thought views and the historical development of the school. From the mentioned perspective, in this article, the principle of the indi- visibility of the contract has been examined based on the Hanafi school of jurisprudence. To elucidate the principle of the indivisibility of the contract within the framework of Hanafi jurists’ approaches, the article proceeds from two fundamental points: “the nature of the principle” and “its implications in practice along with its rulings.”