In the U . S ., opponents of Sharia have sought to ban it from being considered in courts, where it has been routinely used alongside traditional Jewish and Catholic laws to decide legal, business, and family disputes subject to contracts drafted with reference to such laws, as long as they do not violate secular law or the U . S . constitution.
22.
The reasons why purchaser and vendor can act in this apparently unprincipled manner are to be found in two legal rules of long standing : first, the rule that contracts for the sale and purchase of land must be evidenced ( or now made ) in writing; secondly, the rule that terms agreed subject to contract do not give rise to a binding contract.
23.
It is true that he did not expressly state, at the time, that he was relying solely on Mrs Lisle-Mainwaring's sense of honour, but to draw that sort of distinction in a commercial context would be as unrealistic, in my opinion, as to draw a firm distinction depending on whether the formula " subject to contract " had or had not actually been used . }}
