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Sales subject to a condition in Islamic law: a juristic analysis

In the contemporary period, there is hardly any transaction that is detached from its respective terms and conditions. This study aims to explore and analyze the issue of sale subject to a condition from the viewpoints of various schools of Islamic law. This study was accomplished through the scrut...

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Main Authors: Rahman, Md. Habibur, Amanullah, Muhammad
Format: Article
Language:English
Published: Academy of Islamic Studies, UM 2016
Subjects:
KBP1 Islamic law.Shariah.Fiqh
Online Access:http://irep.iium.edu.my/55640/1/Sale%20Subject%20to%20a%20Condition%20in%20%20Islamic%20Law-1.pdf
http://irep.iium.edu.my/55640/
http://e-journal.um.edu.my/publish/JS/
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spelling my.iium.irep.556402017-07-17T08:20:55Z http://irep.iium.edu.my/55640/ Sales subject to a condition in Islamic law: a juristic analysis Rahman, Md. Habibur Amanullah, Muhammad KBP1 Islamic law.Shariah.Fiqh In the contemporary period, there is hardly any transaction that is detached from its respective terms and conditions. This study aims to explore and analyze the issue of sale subject to a condition from the viewpoints of various schools of Islamic law. This study was accomplished through the scrutiny of the related primary sources of these schools. The researchers have found that the judgment of a sale with conditions is subject to the status of the related condition itself. Any condition that conforms to the requirements of the contract and customs is valid; otherwise it is invalid. Similarly, the study posits that the ruling of the contemporary transaction with terms and conditions is subject to the status of relevant conditions. If the condition is consistent with the contract and Shariah, it is valid and effective. Any condition that contradicts the requisites of the contract and Shariah are invalid and accordingly invalidate the transaction as well. Academy of Islamic Studies, UM 2016 Article REM application/pdf en http://irep.iium.edu.my/55640/1/Sale%20Subject%20to%20a%20Condition%20in%20%20Islamic%20Law-1.pdf Rahman, Md. Habibur and Amanullah, Muhammad (2016) Sales subject to a condition in Islamic law: a juristic analysis. Jurnal Syariah, 24 (3). pp. 423-444. ISSN 0128-6730 http://e-journal.um.edu.my/publish/JS/
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 KBP1 Islamic law.Shariah.Fiqh
spellingShingle KBP1 Islamic law.Shariah.Fiqh
Rahman, Md. Habibur
Amanullah, Muhammad
Sales subject to a condition in Islamic law: a juristic analysis
description In the contemporary period, there is hardly any transaction that is detached from its respective terms and conditions. This study aims to explore and analyze the issue of sale subject to a condition from the viewpoints of various schools of Islamic law. This study was accomplished through the scrutiny of the related primary sources of these schools. The researchers have found that the judgment of a sale with conditions is subject to the status of the related condition itself. Any condition that conforms to the requirements of the contract and customs is valid; otherwise it is invalid. Similarly, the study posits that the ruling of the contemporary transaction with terms and conditions is subject to the status of relevant conditions. If the condition is consistent with the contract and Shariah, it is valid and effective. Any condition that contradicts the requisites of the contract and Shariah are invalid and accordingly invalidate the transaction as well.
format Article
author Rahman, Md. Habibur
Amanullah, Muhammad
author_facet Rahman, Md. Habibur
Amanullah, Muhammad
author_sort Rahman, Md. Habibur
title Sales subject to a condition in Islamic law: a juristic analysis
title_short Sales subject to a condition in Islamic law: a juristic analysis
title_full Sales subject to a condition in Islamic law: a juristic analysis
title_fullStr Sales subject to a condition in Islamic law: a juristic analysis
title_full_unstemmed Sales subject to a condition in Islamic law: a juristic analysis
title_sort sales subject to a condition in islamic law: a juristic analysis
publisher Academy of Islamic Studies, UM
publishDate 2016
url http://irep.iium.edu.my/55640/1/Sale%20Subject%20to%20a%20Condition%20in%20%20Islamic%20Law-1.pdf
http://irep.iium.edu.my/55640/
http://e-journal.um.edu.my/publish/JS/
_version_ 1643614777033883648
score 13.211869

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