This book highlights the importance of the concept of 'form' (formality) from the perspective of comparative law. It discusses formality in contemporary law through several principles and ideas, such as the principle of consent and the promise of a formal contract. The book presents formality within a historical dimension, addressing it in Islamic jurisprudence and among pre-Islamic Arabs. It seeks to present form as a cornerstone of contract formation and verbal formalism according to various intellectual and religious schools of thought, like the Shafi'is and Ibn Hazm. It also covers non-verbal formalities such as witnessing, the formality of receipt in Islamic jurisprudence, constitutive notification, and refined formalities like verbal expression as a means of conveying intent.

The book concludes by presenting theories such as the theory of verbalism in the Syrian Personal Status Law, the theory of apparent will in Islamic jurisprudence, the theory of the contract session (majlis al-'aqd) in Islamic jurisprudence and the Hanafi, Maliki, Hanbali, and Ibadi schools, and the theory of the contract session in the Syrian Civil Code.

Notably, the book adopts an objective, historical, and comparative research methodology, as it primarily relies on textual sources.

• ISBN: 9789957160000
• Weight: 0.400 kg
• Dimensions: 17×24 cm
• Paper: White
• Pages: 272
• Year of Publication: 1998
• Cover Type: Paperback