Religion and Contract Law in Islam

Religion and Contract Law in Islam PDF

Author: Valentino Cattelan

Publisher: Taylor & Francis

Published: 2023-08-25

Total Pages: 239

ISBN-13: 1351381695

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What is a contract in Islam? Is it an aspect of Muslim religion or of secular life? How much has it changed over the centuries? Undertaking a search that spans revelation, legal tradition, and the reality of the Muslim world, this book explores the Islamic contract (‘aqd in Arabic) as a ‘city’ at the crossroads of convergent paths of translation, comparison, and law in context. In particular, the book shows that only by re-orienting traditional categories of Western law-religion toward the East can an alternative path of discovery for the ‘aqd be advanced. Hence, through a fortuitous encounter with an Arab Girl, the reader will (re-)visit the Temple of Western modernity and explore a city ruled by Towers of dialectical forces, carrying a hermeneutical Ring that combines dialectics, Islamic studies, and media theory. This interdisciplinary approach will not only enrich our knowledge of the ‘aqd but also make it more understandable as a cultural and social construction to which both Muslims and non-Muslims have participated in forging its multiple representations. By inviting the readers ‘to know who they are’ while looking at her, the Arab Girl is already waiting for us to listen to the Islamic contract in a new way. By applying a distinctive law and religion approach to the study of the contract in Islam, the book provides a comprehensive exploration of a topic that is of interest to legal and economic comparatists as well as to readers in anthropology, Islamic and cultural studies, and it is also of topical meaning for today’s international lawyers and the operators of an increasingly multicultural and transnational market.

Islamic Law and Finance

Islamic Law and Finance PDF

Author: Frank E. Vogel

Publisher: BRILL

Published: 1998-01-01

Total Pages: 358

ISBN-13: 9789041105479

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Mirroring the expansion of wealth in the Middle East and Asia and a surge in Islamic self-identity, Islamic banking practices have either become the law of the land or coexist and compete with Western practices in at least six countries. A growing number of institutions and mutual funds (akin to Western ''socially responsible'' funds) have established Islamic investment and other practices to cater to this burgeoning market. Because of its prevalence, practitioners in every banking-related area must familiarize themselves with current Islamic finance practices in order to do business with Muslim clients and to engage in cross-border financing. Injunctions from the "Qur'an and the sayings of Prophet Muhammed have generated a web of interrelated norms which prohibit Islamic financiers from engaging in transactions that involve interest "(riba) and speculation "(gharar). "Islamic Law and Finance describes the dynamic set of Islamically-sanctioned ways financiers can transacat business.

Modern Perspectives on Islamic Law

Modern Perspectives on Islamic Law PDF

Author: E. Ann Black

Publisher: Edward Elgar Publishing

Published: 2013-01-01

Total Pages: 319

ISBN-13: 0857934473

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'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.

The Theory of Contracts in Islamic Law:A Comparative Analysis with Particular Reference to Modern Legislation in Kuwait, Bahrain and the U. A. E.

The Theory of Contracts in Islamic Law:A Comparative Analysis with Particular Reference to Modern Legislation in Kuwait, Bahrain and the U. A. E. PDF

Author: Susan E. Rayner

Publisher: Springer

Published: 1991-11-25

Total Pages: 488

ISBN-13:

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Since the discovery of oil in the Middle East an increasing number of important contracts must be framed in accordance with the Shari'a. Moreover various factors have helped to create among Muslims a more acute sense of an original Islamic identity & a collective feeling that Shari's should govern their lives not only with regard to personal & family matters but also as a valid & reasonable corpus of commercial & civil laws. The ban on taking interest (riba) & the rejection of chance contracts (gharar) are two features of an Islamic law of contract which contrast with the secular man-made legal systems of the West. This book is concerned with these two Islamic Prohibitory rules & with the interest-free banking system which has developed therefrom. This is a new enlarged edition where the comparative examination of the topics of the book is updated & furthermore extended to cover the Shi'a Ja'fari fiqh. As a result all aspects are examined in the light of the teachings of the four Sunni schools -which hold authority in the Arab states & in Pakistan -of the Ibadis strongly present in Oman & of the Shi'a Ja'faris prevalent in Iran & largely present in Iraq, Bahrein, Kuweit & Lebanon. The new edition will confirm the use of the initial one as a text book with a particular appeal to academics & practising lawyers. It also provides an insight into the religious & idealogical foundations claimed by Islamic banking.

The Islamic Marriage Contract

The Islamic Marriage Contract PDF

Author: Asifa Quraishi

Publisher: Harvard University Press

Published: 2022-10-07

Total Pages: 390

ISBN-13: 0674292634

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It is often said that marriage in Islamic law is a civil contract, not a sacrament. If this is so, this means that the marriage contract is largely governed by the same rules as other contracts, such as sale or hire. But at the same time marriage is a profound concern of the Islamic scriptures of Qur’an and Sunna, and thus at the very core of the law and morality of Islam and of the individual, familial, and social life of Muslims. This volume collects papers from many disciplines examining the Muslim marriage contract. Articles cover doctrines as to marriage contracts (e.g., may a wife stipulate monogamy?); historical instances (e.g., legal advice from thirteenth-century Spain); comparisons with Jewish and canon law; contemporary legal and social practice; and projects of activists for women worldwide. Demonstrating a new and powerful focus for comparative and historical inquiries into Islamic law and social practices, this book marks a fresh point of departure for the study of Muslim women.

Understanding Islamic Law

Understanding Islamic Law PDF

Author: Hisham M. Ramadan

Publisher: Rowman Altamira

Published: 2006

Total Pages: 236

ISBN-13: 9780759109919

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Ramadan brings together essays to explain the history of Islamic law and its role in the contemporary world.

Intent in Islamic Law

Intent in Islamic Law PDF

Author: Paul R. Powers

Publisher: BRILL

Published: 2006

Total Pages: 249

ISBN-13: 9004145923

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This is the first broad study of the treatment of intent in Islamic law, examining ritual, commercial, family, and penal law and providing new insights into Muslim understandings of law, religious ritual, action, agency, and language.

Islamic Law of Contracts and Business Transactions

Islamic Law of Contracts and Business Transactions PDF

Author: Muhammad Tahir Mansuri

Publisher: Dar UL Thaqafah

Published: 2023-12-08

Total Pages: 0

ISBN-13: 9788119024759

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The book aims to highlight the magnificent and valuable work of old jurists and modern scholars in contracts and transactions. The book has been written to serve as a textbook for the subject of 'Islamic Law of Contract' studied by the students of L.L.B at International Islamic University as a part of their prescribed scheme of study. It may also prove to be helpful for students of Economics and Business Administration and for all those who are interested in studying the Business Law of Islam. The book is divided into two parts. The first part deals with the general theory of contracts in Islam wherein topics such as general principles of contracts, elements of a contract, delegated authority, division of contracts into valid, voidable and void contracts, gharar, Riba, extrinsic conditions, defect of consent, and the classification of contracts concerning their subject matter have been discussed. The second part deals with specific contracts such as contracts of sale, leasing, partnership, mudãrabah, suretyship, and assignment of debt. While dealing with these contacts, both theory and practice have been emphasised. For example, under mudarabah contracts, not only have the conditions of mudarabah in fiqh been identified, but their banking applications have also been discussed.

Contracts in Islamic Law

Contracts in Islamic Law PDF

Author: Hussein Hassan

Publisher: I. B. Tauris

Published: 2015-02-15

Total Pages: 208

ISBN-13: 9781850439295

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This book introduces students to the theoretical and philosophical foundations of Islamic contractual law. Islamic law is applied in differing degrees by many countries across the world and especially in the Middle East. Considering the strategic and financial importance of these countries, taken as a whole, it is surprising how little academic writing exists in the West on either Islamic law or Middle Eastern law. Recently, there have been signs of a burgeoning interest in Middle Eastern law. However, traditional Islamic law remains a neglected area of study. Hussein Hassan makes a significant contribution by presenting a detailed survey (which utilizes both contemporary and classical sources) of a crucially important area of Islamic law - contract law - and by adopting an approach that gives priority to theory and to a comparative analysis with Anglo-American law theory. Contracts in Islamic Law offers an invaluable resource to academics and researchers with a specific interest in Islamic law, to postgraduate students and final year students of law, and to scholars whose main focus is Anglo-American contract law but who are interested in comparative law/theory. The book will also appeal to a non-legal readership working in Islamic studies more generally.