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Essential theory of partnership capital in the schools of Islamic Law

Sadique, Muhammad Abdurrahman (2016) Essential theory of partnership capital in the schools of Islamic Law. In: 2nd Kuala Lumpur International Islamic Studies and Civilisations (KLiiSC2 2016), 8th-9th Oct. 2016, Kuala Lumpur.

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Abstract

The current paper takes the contract of commercial partnership (sharikah al ‘aqd) as an example and attempts to analyse the issue of joint ownership of capital and liability thereof, the approach to which appears to form the fundamental concept of partnership in Islamic Law. It is shown that each school of Islamic law has adopted a distinct conception regarding the essential nature of partnership based primarily on their approach to these aspects, on which the detailed rules related to different areas of partnership are based. It is vital that the new rules developed be assessed for conformity with the fundamental conceptions of Shari‘ah on the subject, so as to preserve the uniformity and coherence of Shari‘ah regulations.

Item Type: Conference or Workshop Item (Plenary Papers)
Additional Information: 5640/52331 (ISBN: 9789671395288)
Uncontrolled Keywords: capital, 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: 17 Oct 2016 12:03
Last Modified: 17 Jan 2017 10:37
URI: http://irep.iium.edu.my/id/eprint/52330

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