Sanctity of contract under Islamic law: an expository study with special reference to the Malaysian Islamic banking cases

This article is on the concept of sanctity of contract under Islamic law with special reference to decided cases on Islamic banking in Malaysia. Islamic law recognizes generally the concept of sanctity of contract that is based on the principle that every contract needs to be fulfilled and every con...

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Main Author:	Othman, Ahmad Azam
Format:	Article
Language:	English
Published:	Serials Publications 2014
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/43398/ http://irep.iium.edu.my/43398/ http://irep.iium.edu.my/43398/1/2-Ahmad_Azam_Othman%3D%3DJILR.pdf

id	iium-43398
recordtype	eprints
spelling	iium-433982018-06-12T06:26:11Z http://irep.iium.edu.my/43398/ Sanctity of contract under Islamic law: an expository study with special reference to the Malaysian Islamic banking cases Othman, Ahmad Azam K Law (General) KBP Islamic Law This article is on the concept of sanctity of contract under Islamic law with special reference to decided cases on Islamic banking in Malaysia. Islamic law recognizes generally the concept of sanctity of contract that is based on the principle that every contract needs to be fulfilled and every contracting party is obliged to honour to what has been agreed upon accordingly. Muslim jurists have discussed such concept in detail in their writings. The concept involves the principles of freedom of the contracting parties to agree and stipulate any condition they like. Thus, the examination and analysis on the Muslim jurists discourse on these principles are carried out. This paper aims to achieve the following objectives: To analyse the concept of sanctity of contract together with the freedom of the contracting parties to agree and stipulate under Islamic law in detail and to analyse the principles of sanctity of contract that have been applied in various Islamic cases in Malaysian. The main methodology to be adopted for this research is a library research. Thus, relevant published materials available in the library in the form of books, articles, research papers, reported cases and the likes either in English, Arabic or Malay are consulted. The reference to the publications in the websites and Internet sources are also referred to. In short, it is hoped that the paper has shown that Islamic law recognizes the concept of sanctity of contract and it is a welldefined one. Serials Publications 2014-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/43398/1/2-Ahmad_Azam_Othman%3D%3DJILR.pdf Othman, Ahmad Azam (2014) Sanctity of contract under Islamic law: an expository study with special reference to the Malaysian Islamic banking cases. Journal of Islamic Law Review, 10 (1). pp. 23-50. ISSN 0973-2918 http://serialsjournals.com/journal-detail.php?journals_id=272
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Othman, Ahmad Azam Sanctity of contract under Islamic law: an expository study with special reference to the Malaysian Islamic banking cases
description	This article is on the concept of sanctity of contract under Islamic law with special reference to decided cases on Islamic banking in Malaysia. Islamic law recognizes generally the concept of sanctity of contract that is based on the principle that every contract needs to be fulfilled and every contracting party is obliged to honour to what has been agreed upon accordingly. Muslim jurists have discussed such concept in detail in their writings. The concept involves the principles of freedom of the contracting parties to agree and stipulate any condition they like. Thus, the examination and analysis on the Muslim jurists discourse on these principles are carried out. This paper aims to achieve the following objectives: To analyse the concept of sanctity of contract together with the freedom of the contracting parties to agree and stipulate under Islamic law in detail and to analyse the principles of sanctity of contract that have been applied in various Islamic cases in Malaysian. The main methodology to be adopted for this research is a library research. Thus, relevant published materials available in the library in the form of books, articles, research papers, reported cases and the likes either in English, Arabic or Malay are consulted. The reference to the publications in the websites and Internet sources are also referred to. In short, it is hoped that the paper has shown that Islamic law recognizes the concept of sanctity of contract and it is a welldefined one.
format	Article
author	Othman, Ahmad Azam
author_facet	Othman, Ahmad Azam
author_sort	Othman, Ahmad Azam
title	Sanctity of contract under Islamic law: an expository study with special reference to the Malaysian Islamic banking cases
title_short	Sanctity of contract under Islamic law: an expository study with special reference to the Malaysian Islamic banking cases
title_full	Sanctity of contract under Islamic law: an expository study with special reference to the Malaysian Islamic banking cases
title_fullStr	Sanctity of contract under Islamic law: an expository study with special reference to the Malaysian Islamic banking cases
title_full_unstemmed	Sanctity of contract under Islamic law: an expository study with special reference to the Malaysian Islamic banking cases
title_sort	sanctity of contract under islamic law: an expository study with special reference to the malaysian islamic banking cases
publisher	Serials Publications
publishDate	2014
url	http://irep.iium.edu.my/43398/ http://irep.iium.edu.my/43398/ http://irep.iium.edu.my/43398/1/2-Ahmad_Azam_Othman%3D%3DJILR.pdf
first_indexed	2023-09-18T21:01:50Z
last_indexed	2023-09-18T21:01:50Z
_version_	1777410675462635520

Sanctity of contract under Islamic law: an expository study with special reference to the Malaysian Islamic banking cases

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