Shirkah al-Mufawadah or equitable partnership in Islamic commercial law: a comparative analysis

Sadique, Muhammad Abdurrahman (2016) Shirkah al-Mufawadah or equitable partnership in Islamic commercial law: a comparative analysis. In: 2nd Kuala Lumpur International Islamic Studies and Civilisations (KLiiSC2 2016), 8th-9th Oct. 2016, Kuala Lumpur.

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Abstract

Shirkah al-‛aqd or contractual partnership is generally divided in to four distinct types by most jurists of Islamic law, with some difference among them as to which of these can be held permissible and the conditions thereof. Out of these types, shirkah al-mufawadah or equitable partnership has been the subject of a lively discussion as to its nature andvalidity, where the Hanafi school has upheld it being a valid form of contractual partnership, in its specific form as described by them. However, they have conceded that its practical existence is rare. The current paper undertakes an analysis of the essential nature of sharikah al-mufawadah in the scheme of Islamic commercial partnerships. How the major schools of Islamic law have perceived the nature and conditions of this particular form of contractual partnership among the other types is discussed in detail, together with comparing the rationale behind them as expounded by Muslim jurists.

Item Type:	Conference or Workshop Item (Invited Papers)
Additional Information:	5640/52331
Uncontrolled Keywords:	Mufawadah, partnership,Islamic,law,sharikah
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP639 Muʻāmalāt
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr Muhammad Abdurrahman Sadique
Date Deposited:	19 Oct 2016 15:40
Last Modified:	05 Jan 2018 11:39
URI:	http://irep.iium.edu.my/id/eprint/52331

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