Islamic Contract Law
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Estimated delivery time: In stock at the publisher, but not at Prospero's office. Delivery time approx. 3-5 weeks.
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Product details:
- Edition number 1
- Publisher OUP Oxford
- Date of Publication 25 April 2024
- ISBN 9780192893796
- Binding Hardback
- No. of pages464 pages
- Size 250x175x30 mm
- Weight 962 g
- Language English 556
Categories
Short description:
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. This is a key work for understanding the contract underpinnings of Islamic finance instruments.
MoreLong description:
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.
Table of Contents:
General Principles and Sources of Islamic Contract Law: A General Theory?
Offer and Acceptance
Legal Capacity (Ahliya)
The Role of Intent (Niyya)
Mahal Al Aqd
The Main Prohibited Elements in Contract
Invalid Contracts
Contractual Terms: The Rights of Option (Khiyarat) and Conditions (Shurut)
Bilateral Contracts
Equity-Based Partnership Contracts
Ancillary Contracts
Unilateral Contracts
Contracts and Third Parties
Performance, Termination and Rescission of Contracts
Damages and Other Remedies
The Application of Islamic Contract Law in Muslim Majority Jurisdictions
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