Responsibility for Valid contracts in the Jurisprudential Thought

In various subjects of Islamic jurisprudence, especially in the maxim “any contract in which there is responsibility for its valid one, there is responsibility for its void one”, the responsibility for valid contracts has been discussed by Islamic jurists. As regards the notion of responsibility, three stages could be regarded for a valid contract: formation, perish of considerations before delivery, and perish of considerations after termination. The main concern of this article is with the first stage although the other two stages are studied too. As to responsibility in this stage, there could be seen various attitudes among Islamic jurists: some ignore the notion of responsibility in valid contracts, some believe in contractual responsibility, and others interpret a valid contract so as to include non-contractual responsibility. This article deals with responsibility in a valid contract of sale; however, the discussions may be extended to other valid contracts with some appropriate modifications.