1.

Issues related to subject matter and consideration

Legally recognized and acceptable.

Sharia fixed several conditions to the items that included into a contract. The conditions is included the acquired of possession of the property whether the form of corpus and mass. Islam also ruled that the items must come first the validity in sharia. In other word, the property must be allowed by sharia (halal). Legally recognized means that the property that included into contract must be legally allowed by sharia. Among the condition that stated in sharia is the property must be useful and not harm to any parties. If one of the conditions is not fulfilled, then the property is not considered as legally recognized. As the example, the transaction of drug deal. The deal may consider valid, because both of parties agreed with the price and items. However, the item that has been the subject matter is not recognized by sharia as well as local law. This is because drug brings too many side effects to the consumers. Because of that, the transaction is now void. Acceptable is the leverage of the acceptance of the buyer of the transaction. The items should follow the actual agreement between both parties. If the acceptance of the goods is not compatible with the actual agreement, then the contract is considered void. This is because one of the parties have breached the contract.

Specified and defined in a way to prevent ambiguity.

Sharia fixed that the properties that included into a contract is should specified and defined in proper. This is because to prevent the uncertainty and ambiguity elements (gharar). In sharia, when a property is considered uncertainty and ambiguity, there is no valid transaction for them unless the elements of uncertainty and ambiguity is cleared and defined. The 3 condition of jumhur in classification of property should be looked over before the transaction carry forwards. First is sharia permitted. Sharia permitted means that the things that halalan thayyiba. This means that the property should be clear from any elements that permitted by sharia such as haram items. The property also should be thayyiba or beneficial to the user and not harming them. The condition of the property also ssuld be n the best condition as agreed. Second condition is the beneficial usage. This means that the property that included into a contract should be beneficial and not harming. The example is in the transaction of house buying. Among the condition is the house must be safe to occupied, and free from any harming elements such as wild

animal. The physical condition of house also considered, such as no harmful crack and no harmful extended wiring that can cause injury and death. After all of the condition of the house considered safe, then the property may come into a contract. The third condition that put by the jumhur is the material value according to the custom. This value may change, but it will not diverse a very far away. As an example, the rate of and house and apple. The rate value for a house will never be same with an apple. And so on. The material value should refer to the recent custom. Otherwise, it will burden one of both parties. When the burdens arise, it called dzalim. And dzalim transaction is prohibited in Sharia.

Existent or non-existent subject matter. Are the properties deliverable?

The existence of the properties is one of the conditions that stated in sharia before any transactions proceed. The status of the properties should be clear and stated. The existence is not only fixed on physically items, but it also included the benefit of the properties. As an example, a house. A house is both physically and benefits. If the house is sold to other, the benefit and physical of the house will be transferred. But if the house is leased, the only thing that transferred is the beneficial terms. But to be cleared, both of the subject matter is should be existed. If the subject matter is non-exist, then the properties is considered void due to sharia compliance. This is because the elements of valid contract are not followed. The deliverable of property is can be divided into two ways, which is by physical and title of the property. Some property, like car can be delivered the physical material. This is because the physical condition itself is moveable. However, there is some property that can only transferred by the title. This is because the physical condition of the property itself that immoveable. Such as house. House can only move their title, but not physical.