What is the legal classification of a competition (musabaqah) contract?

General Chapter

Al-Mughni

Book of Racing and Archery

Book 58 · Issue 1 · Bab 1

Open in Qurani

Primary text

The competition contract (*musabaqah*) is a revocable contract (*'aqd ja'iz*). This is the position held by Abu Hanifa and one opinion attributed to Al-Shafi'i. The basis for this classification is that the contract pertains to something whose delivery cannot be perfectly ascertained, rendering it revocable, similar to the contract for the return of an escaped slave (*radd al-abiqu*), which is a contract for capture, which is not within one's absolute power. This distinguishes it from a lease contract (*ijarah*).

Supporting text

One opinion attributed to Al-Shafi'i states that the contract is binding (*lazim*) if the consideration (*'iwad*) comes from both parties, but revocable if it comes from only one party or from a third party. Al-Qadi considered it potentially revocable because it is a contract requiring known consideration and subject matter, which typically implies it should be binding, like a lease.