Islamic Contract Law PDF Download
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| Author | : Asifa Quraishi |
| Publisher | : Harvard University Press |
| Total Pages | : 390 |
| Release | : 2022-10-07 |
| Genre | : Law |
| ISBN | : 0674292634 |
Download The Islamic Marriage Contract Book in PDF, ePub and Kindle
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.
| Author | : Susan E. Rayner |
| Publisher | : Springer |
| Total Pages | : 488 |
| Release | : 1991-11-25 |
| Genre | : Law |
| ISBN | : |
Download The Theory of Contracts in Islamic Law:A Comparative Analysis with Particular Reference to Modern Legislation in Kuwait, Bahrain and the U. A. E. Book in PDF, ePub and Kindle
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.
| Author | : Bantekas |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 0 |
| Release | : 2023-06-08 |
| Genre | : Law |
| ISBN | : 9780192893796 |
Download Islamic Contract Law Book in PDF, ePub and Kindle
The first comprehensive treatment of Islamic contract law in the English language, Islamic Contract Law serves as both a reference work and an authoritative statement of the law and the Fiqh underlying it. The book's structure draws from the tradition of western contract law books to enable non-expert readers to easily navigate its structure, sources, and application. It covers the complete spectrum of Islamic contract regulation, and includes chapters on the formation of contracts, the sources of Islamic contract law, the role of intention, legal capacity, the importance of the subject matter, as well as the prohibited elements of contracts. Further chapters discuss validity and defects, contractual terms, bilateral agreements, equity-based partnership contracts, ancillary and unilateral contracts, termination and damages, and the role of third parties. Finally, a chapter is devoted to the application of Islamic law in contemporary Muslim-majority legal systems. This is a key work for understanding the contract underpinnings of Islamic finance instruments and is a must-read for scholars, legal professionals, and students with an interest in contracts governed by Islamic Law.
| Author | : Dawoud Sudqi El Alami |
| Publisher | : BRILL |
| Total Pages | : 198 |
| Release | : 2023-11-27 |
| Genre | : Law |
| ISBN | : 9004632360 |
Download The Marriage Contract in Islamic Law in the Shari'ah and Personal Status laws of Egypt and Morocco Book in PDF, ePub and Kindle
This book is an analysis of the contract of marriage according to the Islamic Shari'ah and of two modern Islamic states. It examines the prerequisites for marriage, the elements which go to form the contract, the processes involved in making the contract, and the institution of marriage itself. The author expresses the essential Islamic concepts of marriage faithfully whilst making the work as accessible as possible te readers of various backgrounds. It will be of interest to legal professionals, to academics and students of Islamic law, and to those interested in Islam, the Middle East and North Africa. Useful Tables of Laws ans Cases are included.
| Author | : Hussain Mohi-ud-Din Qadri |
| Publisher | : Routledge |
| Total Pages | : 214 |
| Release | : 2021-06-30 |
| Genre | : Business & Economics |
| ISBN | : 1000406369 |
Download Islamic Financial Contracts Book in PDF, ePub and Kindle
Islam encourages business and financial transactions as a way of securing the basic needs for all human beings, but these need to be conducted in accordance with the principles contained in the Qur’ān and Sunnah. However, these legal concepts are not classified subject-wise, and the verses on commercial law, like all other topics, are scattered throughout the Qur’ān, making it difficult for readers to gain a full understanding of the topic. This, therefore, is the first comprehensive book to demystify Islamic contract law and specifically Islamic financial contracts, and to examine its roots and history. The book is written in a clear style to allow for a greater understanding of the more challenging and misunderstood areas pertaining to Islamic business and financial contracts. It also contributes a series of chapters which address the market niche and need, concerning Shariah compliance for Islamic financial products and services. The book is divided into 16 chapters in order to provide a holistic and thorough overview of Islamic law of contract. It covers the objections and misconceptions surrounding Islamic business and financial contracts. It also includes the key features and guiding principles of Islamic law of contract and offers technical know-how, illustrating the concept of formation of a contract, as well as the essential elements of a valid contract. The authors also offer a discussion on the system of options under Islamic business and financial contracts and potential solutions to breach of contracts. The book will serve as a handy reference for scholars and students of Islamic business and finance and Islamic commercial law and will also be beneficial for practitioners as well as legal and judicial officers. It will open new doors for further research in the field of Islamic financial contracts.
| Author | : Valentino Cattelan |
| Publisher | : Taylor & Francis |
| Total Pages | : 239 |
| Release | : 2023-08-25 |
| Genre | : Business & Economics |
| ISBN | : 1351381695 |
Download Religion and Contract Law in Islam Book in PDF, ePub and Kindle
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.
| Author | : Muhammad Yusuf Saleem |
| Publisher | : John Wiley & Sons |
| Total Pages | : 176 |
| Release | : 2012-11-09 |
| Genre | : Business & Economics |
| ISBN | : 1118504062 |
Download Islamic Commercial Law Book in PDF, ePub and Kindle
A concise study of the practices in Islamic commercial law Filling a gap in the current literature, Islamic Commercial Law is the only book available that combines the theory and practice of Islamic commercial law in an English-language text. From the experts at the International Islamic University Malaysia, the book examines the source materials in the Qur'an and Hadith, and highlights the views and positions of leading schools of Islamic law, without burying the reader in juristic minutia. It combines theory with practice to address the needs of students while providing a pragmatic treatment of Islamic contracts. It provides diagrams for individual contracts to reveal the type and nature of the contractual relationships between parties and discusses all types of fundamental transactions, including sales, loans, debt transfers, partnerships, and more. Written by experts from the International Islamic University Malaysia, the leading organisation in research in Islamic finance Closes a vital gap in the English-language literature on Islamic commercial law Features end-of-chapter questions to enable self-testing and provoke critical thinking An ideal guide for current students, researchers, and practitioners, Islamic Commercial Law offers a concise yet comprehensive coverage of the subject.
| Author | : Muḥammad T̤āhir Manṣūrī |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2020 |
| Genre | : Contracts (Islamic law) |
| ISBN | : 9789694487885 |
Download Islamic Law of Contract Book in PDF, ePub and Kindle
| Author | : Abdullah Alwi Haji Hassan |
| Publisher | : The Other Press |
| Total Pages | : 317 |
| Release | : 2007 |
| Genre | : Commercial law |
| ISBN | : 9839541560 |
Download Sales and Contracts in Early Islamic Commercial Law Book in PDF, ePub and Kindle
| Author | : Frank E. Vogel |
| Publisher | : BRILL |
| Total Pages | : 358 |
| Release | : 1998-01-01 |
| Genre | : Business & Economics |
| ISBN | : 9789041105479 |
Download Islamic Law and Finance Book in PDF, ePub and Kindle
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.
