Mathkal A. H. Legal Provisions of the Ruqyah Contract - A Comparative Study -

Abstract

The Ruqyah Contract is considered one of the significant agreements sought by individuals suffering from psychological or physical illnesses. These individuals seek out legitimate spiritual healers (ruqyah practitioners) to treat their ailments through recitation of verses from the Qur’an and supplications derived from Islamic teachings, applied to the site of pain, in the hope that Allah grants healing thereby.

What distinguishes the Ruqyah Contract is its approach to illnesses that modern technology and medical diagnostics often fail to detect or identify. Many individuals suffer from undiagnosed conditions despite repeated consultations with medical professionals, prompting them to turn to spiritual remedies. The Ruqyah Contract constitutes an agreement between two parties: the spiritual healer, who performs Qur’anic recitations or authorized supplications along with blowing or physical contact (e.g., rubbing) on the affected area of the patient's body, and the patient, who may compensate the healer with a monetary amount or offer voluntary payment. Given the various legal themes invoked by this contract, it becomes necessary to define its governing provisions. Undoubtedly, every legal obligation is fulfilled according to the cause from which it originates. In the case of voluntary obligations arising from the mutual consent of both parties intending to produce legal effect, the parties’ will determines their respective contractual duties.

Accordingly, the Ruqyah Contract entails a set of obligations borne by both the spiritual healer and the recipient. Since the provisions governing this type of agreement are not explicitly regulated by Iraqi civil law or other specialized legislation-including comparative legal frameworks- the contractual will of both parties determines those obligations. Should either party, the healer or the recipient, fail to honor the agreed commitments, legal consequences may ensue. These consequences may allow the aggrieved party (creditor) to pursue their rights through judicial means provided by the legislature, such as filing a lawsuit to compel the debtor to fulfill their obligations in accordance with the applicable legal request.