Contemporary issues of form and substance: an Islamic law perspective
Joint Authors
Hammur, Muhammad
Shakil, Muhammad Hasan
Akinlaso, Ishaq Mustafa
Tasnia, Mashiyat
Source
ISRA International Journal of Islamic Finance
Issue
Vol. 11, Issue 1 (30 Jun. 2019), pp.124-136, 13 p.
Publisher
International Shari'ah Research Academy for Islamic Finance
Publication Date
2019-06-30
Country of Publication
Malaysia
No. of Pages
13
Main Subjects
Financial and Accounting Sciences
Abstract EN
Purpose This paper aims to analyse the concept of form over substance and introduces the term substance gap to the literature.
The substance gap is defined as the difference between the way a concept is expressed and its intended result.
Besides, the study investigates the issue from both classical and contemporary viewpoints.
Design/methodology/approach The methodology adopted in this paper is descriptive research.
Findings This paper has depicted the substance gap in contemporary contracts and found that form is equally important as substance in Islamic finance contracts.
This paper offers a fresh outlook on form and substance to highlight the importance of the issue and its significance.
The findings of the study will help researchers address the issue at its roots and help them to bridge the gap between the form and substance of Islamic finance contracts.
Originality/value This paper investigates the substance gap in contemporary contracts that exists between the fiqh rules and conditions of an Islamic contract, and their development and construction.
Further, the gap could also be attributed to the pressure to cope with a complicated modern finance environment.
American Psychological Association (APA)
Hammur, Muhammad& Shakil, Muhammad Hasan& Akinlaso, Ishaq Mustafa& Tasnia, Mashiyat. 2019. Contemporary issues of form and substance: an Islamic law perspective. ISRA International Journal of Islamic Finance،Vol. 11, no. 1, pp.124-136.
https://search.emarefa.net/detail/BIM-965088
Modern Language Association (MLA)
Hammur, Muhammad…[et al.]. Contemporary issues of form and substance: an Islamic law perspective. ISRA International Journal of Islamic Finance Vol. 11, no. 1 (2019), pp.124-136.
https://search.emarefa.net/detail/BIM-965088
American Medical Association (AMA)
Hammur, Muhammad& Shakil, Muhammad Hasan& Akinlaso, Ishaq Mustafa& Tasnia, Mashiyat. Contemporary issues of form and substance: an Islamic law perspective. ISRA International Journal of Islamic Finance. 2019. Vol. 11, no. 1, pp.124-136.
https://search.emarefa.net/detail/BIM-965088
Data Type
Journal Articles
Language
English
Notes
Includes bibliographical references : p. 134-136
Record ID
BIM-965088