Comment by truetraveller
5 years ago
Okay, that's a good find about California law. But there are exceptions and loop-holes. They probably would not apply here.
JazakAllah Khair for the hadeeth. There's another hadeeth: "The Muslims are bound by their conditions". So, what takes precedence: an agreement between two people, or the law of the land? That's a good question, actually!
The law of the land takes precedence. Contracts can be signed in a situation where there is a power imbalance and courts will often nullify or modify those agreements, despite them being made between two consenting parties.
There are all kinds of limitations on agreements between two people precisely because the playing field is often very uneven. For example, you can't sell yourself into slavery these days.
بَيْعَة
لَقَدْ رَضِيَ اللَّهُ عَنِ الْمُؤْمِنِينَ إِذْ يُبَايِعُونَكَ تَحْتَ الشَّجَرَةِ فَعَلِمَ مَا فِي قُلُوبِهِمْ فَأَنزَلَ السَّكِينَةَ عَلَيْهِمْ وَأَثَابَهُمْ فَتْحًا قَرِيبًا