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Islamic Contract Law


ISBN13: 9780192893796
Published: May 2024
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £195.00



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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.

Subjects:
Contract Law, Islamic Law
Contents:
1:General Principles and Sources of Islamic Contract Law: A General Theory?
2:Offer and Acceptance
3:Legal Capacity (Ahliya)
4:The Role of Intent (Niyya)
5:Mahal Al Aqd
6:The Main Prohibited Elements in Contract
7:Invalid Contracts
8:Contractual Terms: The Rights of Option (Khiyarat) and Conditions (Shurut)
9:Bilateral Contracts
10:Equity-Based Partnership Contracts
11:Ancillary Contracts
12:Unilateral Contracts
13:Contracts and Third Parties
14:Performance, Termination and Rescission of Contracts
15:Damages and Other Remedies
16:The Application of Islamic Contract Law in Muslim Majority Jurisdictions