The dating in Islamic jurisprudence and its prohibited applications

Abstract

People issue two-party commitments known as promises. They are permissible in some cases and forbidden in others, often based on the sanctity of the original contract, in order to prevent falling into legal prohibitions. These promises have been addressed in the books of the Maliki school of thought, for the most part, due to their detailed explanation of the meanings of promises, waiting periods, and promises.

There are eight prohibited applications of dating, most of them in the chapter of sale, one in the chapter of marriage, and another in the chapter of qirad. They are united by the fact that they are preludes to prohibited contracts, except for exchange, which is from one side one of the permissible contracts, and from another side it is the only application in which opinions differed between the majority of the Malikit and other schools of thought in saying whether dating in it is forbidden or not.

Research into these applications was scattered throughout the old books of jurisprudence, in the chapters on promises, commitments, vows, and oaths, and you have in mind every jurisprudential issue that is the subject of application. Despite this, they are compatible with each other, such that their rulings overlap in general, even if some of them are different and nothing unites them except that they are forbidden according to the original.