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

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 a...

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Main Author: Sadique, Muhammad Abdurrahman
Format: Article
Language:English
Published: Zes Rokman Resources 2023
Subjects:
BPK125 Applicability of Ijtihad. Instances of application
K85 Legal research
KBP Islamic Law
Online Access:http://irep.iium.edu.my/103128/1/103128_Legal%20contrivances%20in%20Islamic%20legal.pdf
http://irep.iium.edu.my/103128/
https://seajbel.com/wp-content/uploads/2023/01/SEAJBEL28.ISU-2_076.pdf
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spelling my.iium.irep.1031282024-05-09T01:21:47Z http://irep.iium.edu.my/103128/ Legal contrivances in Islamic legal texts: their classification and relevance to transactional expressions Sadique, Muhammad Abdurrahman BPK125 Applicability of Ijtihad. Instances of application K85 Legal research KBP Islamic Law 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. Zes Rokman Resources 2023-01-09 Article PeerReviewed application/pdf en http://irep.iium.edu.my/103128/1/103128_Legal%20contrivances%20in%20Islamic%20legal.pdf 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 https://seajbel.com/wp-content/uploads/2023/01/SEAJBEL28.ISU-2_076.pdf
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic BPK125 Applicability of Ijtihad. Instances of application
K85 Legal research
KBP Islamic Law
spellingShingle BPK125 Applicability of Ijtihad. Instances of application
K85 Legal research
KBP Islamic Law
Sadique, Muhammad Abdurrahman
Legal contrivances in Islamic legal texts: their classification and relevance to transactional expressions
description 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.
format Article
author Sadique, Muhammad Abdurrahman
author_facet Sadique, Muhammad Abdurrahman
author_sort Sadique, Muhammad Abdurrahman
title Legal contrivances in Islamic legal texts: their classification and relevance to transactional expressions
title_short Legal contrivances in Islamic legal texts: their classification and relevance to transactional expressions
title_full Legal contrivances in Islamic legal texts: their classification and relevance to transactional expressions
title_fullStr Legal contrivances in Islamic legal texts: their classification and relevance to transactional expressions
title_full_unstemmed Legal contrivances in Islamic legal texts: their classification and relevance to transactional expressions
title_sort legal contrivances in islamic legal texts: their classification and relevance to transactional expressions
publisher Zes Rokman Resources
publishDate 2023
url http://irep.iium.edu.my/103128/1/103128_Legal%20contrivances%20in%20Islamic%20legal.pdf
http://irep.iium.edu.my/103128/
https://seajbel.com/wp-content/uploads/2023/01/SEAJBEL28.ISU-2_076.pdf
_version_ 1800081752908103680
score 13.211869

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