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Title: An investigation into the Islamic principles and rules governing the contractual relationship between Muslims and non-Muslims in commercial transactions
Author: Hussain, Shahrul
ISNI:       0000 0004 2690 4825
Awarding Body: University of Aberdeen
Current Institution: University of Aberdeen
Date of Award: 2009
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This is an analytical study of primarily the four Sunni schools of Islamic jurisprudence and other classical jurists and scholars as well as contemporary juristic views.  The research consists of eight chapters grouped into three main parts.  The first part looks at secondary causes and the factors that contributed to shaping and influencing the rules of contracts between Muslims and non-Muslims.  These causes or factors are not key components to a contract in terms of it being an inherent integral feature without which the contract suffers in validity.  These secondary issues are the relationship the Prophet Muhammad had with non-Muslims and his teachings regarding their treatment, the Qur’anic precepts of Muslim-non-Muslim relationship and non-Muslims in Sharī'ah and finally the difference of territories.   The second part looks into the key components of a contract without which the contract suffers in validity.  It looks at the juristic derivation of contractual law from the primary sources.  These key components are the contractors, their qualifications and that what impedes them, consent and its materialization, merchandise (mahal al-‘aqd) and what qualifies as merchandise and other rules pertaining to it.  Finally, the different forms of operatives in terms of the correct language to express consent and thus conclude a contract.  The third part shows the juristic application of these rules and factors to the practical parts of Muslim law.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available