
As an Amazon Associate and affiliate partner, Menrva Books earns from qualifying purchases. Learn more
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.
This work investigates the foundational principles and practical applications of Islamic contract law within both historical Fiqh and contemporary legal frameworks. The authors, a team of legal scholars and experts, synthesize complex theological and jurisprudential sources into a structured format modeled after Western legal treatises. By bridging the gap between classical Islamic jurisprudence and modern commercial requirements, the text provides a systematic analysis of how contractual obligations are formed, regulated, and enforced under Islamic law.
What You Will Find
Scope Limits
Legal professionals and scholars recognize this text as a foundational reference for understanding the contractual underpinnings of Islamic finance. Readers frequently note the clarity of the prose, which successfully translates intricate Fiqh concepts for a non-expert audience.
Page Count:
416
Publication Date:
2024-01-01
Publisher:
Oxford University Press
ISBN-10:
0192893793
ISBN-13:
9780192893796
No comments yet. Be the first to share your thoughts!