Maqasid al-Shariah and stipulation of conditions (Shurut) in contracts
Joint Authors
Lal al-Din, Muhammad Akram
Furqani, Hafas
Source
ISRA International Journal of Islamic Finance
Issue
Vol. 6, Issue 1 (30 Jun. 2014), pp.173-182, 10 p.
Publisher
International Shari'ah Research Academy for Islamic Finance
Publication Date
2014-06-30
Country of Publication
Malaysia
No. of Pages
10
Main Subjects
Economy and Commerce
Financial and Accounting Sciences
Religion
Law
Islamic Studies
Topics
Abstract EN
One of the maqÉÎid al-SharÊÑah (objectives of the SharÊÑah) with regard to wealth is ensuring that it circulates smoothly in society.
Among the means that the SharÊÑah uses to achieve that objective is its strong encouragement of undertaking necessary types of commercial activities and its legislation of various types of contracts in order to ensure orderly transfers of wealth on the basis of mutual consent.
The contracts validated in the Qur’Én and Sunnah are not exhaustive, and new transactions can be introduced as long as they do not contradict the principles of the SharÊÑah.
The underlying principle is that of permissibility (ibÉÍah).
Likewise, the right to stipulate conditions (Íurriyyat al-ishtirÉÏ) in a contract is also acknowledged in line with the freedom of entering into contracts (Íurriyyat al-taÑÉqud).
Those facilities are acknowledged as a means of realizing maÎlaÍah (benefit) and preventing mafsadah (harm) to the contracting parties.
American Psychological Association (APA)
Lal al-Din, Muhammad Akram& Furqani, Hafas. 2014. Maqasid al-Shariah and stipulation of conditions (Shurut) in contracts. ISRA International Journal of Islamic Finance،Vol. 6, no. 1, pp.173-182.
https://search.emarefa.net/detail/BIM-717694
Modern Language Association (MLA)
Lal al-Din, Muhammad Akram& Furqani, Hafas. Maqasid al-Shariah and stipulation of conditions (Shurut) in contracts. ISRA International Journal of Islamic Finance Vol. 6, no. 1 (Jun. 2014), pp.173-182.
https://search.emarefa.net/detail/BIM-717694
American Medical Association (AMA)
Lal al-Din, Muhammad Akram& Furqani, Hafas. Maqasid al-Shariah and stipulation of conditions (Shurut) in contracts. ISRA International Journal of Islamic Finance. 2014. Vol. 6, no. 1, pp.173-182.
https://search.emarefa.net/detail/BIM-717694
Data Type
Journal Articles
Language
English
Notes
Includes bibliographical references : p. 182
Record ID
BIM-717694