Invalidation (ibtal) of acts and contracts

الإبطال

The Kuwaiti encyclopedia defines ibtal linguistically as the spoiling and removal of a thing, whether it is right or wrong. As a technical term it is a judgment that a thing is void, whether it was valid and a cause of voidness afterwards arose, or whether it existed in sense but not in law. It distinguishes ibtal from fasakh (dissolution), ifsad (corruption) and isqat (dropping). It records that the majority of jurists hold that a worship cannot be voided after it is completed, and that voiding an obligatory act once begun, without excuse, is forbidden; it sets out the schools' differences on voluntary prayer, the pilgrimage, the lesser pilgrimage and holy war; and that binding acts cannot be voided once they take effect except with the consent of both parties. 1 2

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Summary

Ibtal, linguistically, is the spoiling and removal of a thing, whether the thing is right or wrong. As a term, it is a judgment that a thing is void: either it was valid and a cause of voidness later arose, or it existed in sense but not in law, as with a contract with a woman forbidden for ever. Its source is the lawgiver, though it may come from the one who did the act or the contract, and from a judge in matters the lawgiver has given him. 1

Related terms

Jurists distinguish ibtal from fasakh. Ibtal happens during an act and after it, in contracts and in worship alike; fasakh is mostly used of contracts and dispositions, and is rare in worship, as in changing a pilgrimage into a lesser pilgrimage. Fasakh usually means untying a contract before it is complete. Ibtal is also distinguished from ifsad: the two are the same for worship according to the majority, except that the Shafi'is and Hanbalis separate them for the pilgrimage; in most contracts the Hanafis distinguish void (batil) from defective (fasid). Ibtal is distinguished from isqat: dropping lifts an existing right, while ibtal prevents a right or obligation from arising, though the two words sometimes mean the same in the jurists' usage. 1 2

General ruling

The majority of jurists hold that a worship cannot be voided once it is completed. The Malikis have a view that an intention to void a worship after completing it is valid and voids it. Voiding an obligatory act once begun, without a lawful excuse, is forbidden, and the Hanafis and Malikis hold the same for a voluntary act, which must be made up. The verse "do not void your deeds" in Surat Muhammad is cited for this, Muhammad 33. The Shafi'is and Hanbalis disapprove of voiding a voluntary act once begun, except the pilgrimage and the lesser pilgrimage: for these, the Shafi'is forbid voiding, and this is a Hanbali narration, while the other Hanbali narration treats them like other voluntary acts. For the Shafi'is, holy war is treated like the pilgrimage in this respect. 2

Binding and non-binding acts

A binding act, once it has taken effect, cannot be voided unless both parties consent, as in a mutual cancellation (iqala). In a contract that neither party is bound by, either party may void it at will. In a contract binding on one side only, voiding is valid for the side on which the contract is not binding. The Encyclopedia says the voiding meant here is in the sense of dissolution. 2

Where it is discussed

The rules on voiding before a contract is formed are treated under "nullity", and those after its formation under "dissolution" (fasakh). Because voiding touches both worship and dispositions, the Encyclopedia says it is impractical to list each place. The rule for each worship is found under its cause of voiding, and for each contract or disposition under its place in that contract. 2

People and things also explored

Biting and the liability for injury it causes (add)· Justice and uprightness (adl)· Contagion (adwa)· Pardon (afw) in purity, worship, contracts and penalties· Covenant (ahd) and the duty to keep it; oath by the covenant of God· Term, deadline (ajal)· Hired worker (ajir)· Stranger, outsider (ajnabi)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1452
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.1453
Cite this page

islam.museum contributors. “Invalidation (ibtal) of acts and contracts”. islam.museum, https://islam.museum/en/concept/ibtal/. CC BY-SA 4.0. Last updated 2026-10-29.

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Related

Biting and the liability for injury it causes (add)

In the lexicon, add is gripping a thing with the teeth and holding it. If a person bites another without right and a wound results, the biter must pay the damages for the wound, assessed as a just award by experts. If one man bites another's hand and the bitten man pulls it free so that the biter's front teeth fall out, most jurists hold that there is no liability, relying on a prophetic judgement in such a case; the Shafi'is limit this to a bitten man who chose the easiest means of release, and the preferred Maliki view requires compensation.