Legal contrivances in Islamic legal texts: their classification and relevance to transactional expressions

Sadique, Muhammad Abdurrahman (2023) Legal contrivances in Islamic legal texts: their classification and relevance to transactional expressions. South East Asia Journal of Contemporary Business, Economics and Law, 28 (2). pp. 55-60. ISSN 2289-1560

PDF - Published Version Restricted to Repository staff only Download (187kB) | Request a copy

Abstract

Reference to what could be considered as legal contrivances appears in some prophetic traditions, in addition to some verses of the Qur’an. Although some early jurists such as Imam Malik are considered to have held all contrivances impermissible, which approach has also been adopted by Imam Ahmad and his followers of the initial centuries, the majority of jurists have refrained from condemning all applications falling under them in general as unlawful. In dividing legal contrivances into permissible and impermissible varieties, many of the jurists have fundamentally taken the outcome into consideration. It is observed that the difference on the validity or otherwise of legal contrivances, especially in the domain of transactions, could be traced to the fundamental difference on the basis of contracts with regard to the wording of a contract and its meaning or intent. It is noted that a section of jurists have also taken into consideration the time a contrivance is employed in certain transactions with regard to rights that may be affected, in determining the acceptability of the contrivance.

Item Type:	Article (Journal)
Uncontrolled Keywords:	contrivances, legal, Islamic, contract, transactions
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 10:57
Last Modified:	09 May 2024 09:21
URI:	http://irep.iium.edu.my/id/eprint/103128

Actions (login required)

View Item