A theoretical analysis of the essence and rationale of legal devices in Islamic law

Sadique, Muhammad Abdurrahman (2023) A theoretical analysis of the essence and rationale of legal devices in Islamic law. International Journal of Business, Economics and Law, 28 (2). pp. 7-12. ISSN 2289-1552

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Abstract

A study of the application of legal contrivances in Islamic law would reveal it to be a natural corollary to the development of law, the progress of which kept par with the expansion of different fields of law. Legal contrivances, being an academic field of expertise pertaining to law and not necessarily meant in every instance to be practicable, were discussed as an academic topic of interest in the works on the subject. Positions adopted by jurists on the issue of differentiating lawful contrivances from the unlawful could be summarised into a general principle that reflects areas of consensus among different approaches theoretically. Contrivances that Islamic law condemns and abolishes could be broadly identified as those that negate a legal principle or conflict with an interest recognised by law. If the particular contrivance does not negate any legal principle and is not in conflict with a recognised interest or legal objective, it is not included in the prohibition and is not considered void. The reason that a discussion of legal contrivances exists in Islamic law is due to the fact that Islamic law concerns itself with discussing the significance of intentions and objectives of the parties in addition to actions and verbal formulae of contracts, thus regarding human interaction in a more complex and comprehensive light.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Contrivance, legal, Islamic, contract, objective
Subjects:	BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh > BPK109 Sources of Islamic law > BPK121 Ijtihad > BPK125 Applicability of Ijtihad. Instances of application K Law > K85 Legal research K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr Muhammad Abdurrahman Sadique
Date Deposited:	10 Jan 2023 11:52
Last Modified:	10 Jan 2023 11:52
URI:	http://irep.iium.edu.my/id/eprint/103119

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