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Principles of Islamic Contract Law

Bibliographic Data

ID20385348
AuthorsNoor Mohammed (corresponding author)
Year1988
Volume6
Issue1
Pages115
Publication date1988-01-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueJournal of Law and Religion (JOURNAL)
Journal identifiersISSN: 0748-0814 • E-ISSN: 2163-3088
PublisherJSTOR (PUBLISHER)
DOI10.2307/1051062
OpenAlexW2334939422
LanguageEN
Citations received2
References cited2

Heightened awareness in the United States about Islam and Muslims presents an opportunity to explore issues in Islamic Law, and particularly to examine the concepts that underlie Islamic law. This study is an effort to present briefly the controlling principles of Islamic Contract Law. In view of the monumental growth of trade between the Western and the Muslim worlds and projected increase in the coming century, the subject should continue to be of particular interest.The doctrinal basis of Islamic law is the point of departure for this study. A brief historical sketch reveals the doctrinally-based components that have evolved into Islamic law. Islamic belief begins with Prophet Muhammad, the Messenger of God (Allah). The Prophet's mission was to establish an order in this world based on divine revelations made to him by God (Allah). These divine revelations are recorded in the Quran, the sole scripture of the Muslims. The spiritual and secular practices of the Prophet came to be known as Sunna. These two sources constitute the main guidelines for spiritual as well as temporal Muslim conduct in this life as a preparation for the hereafter, and are called Sharia. The word Sharia means the highway to good life. Over a period of time two additional sources of Sharia came into existence. They are: 1) Qiyas, or analogical reasoning, and 2) Ijma, or consensus of the Islamic community on a point of law. According to Sharia, sovereignty vests in God (Allah), requiring the state to act within the limits of divine law, or Sharia. This sovereignty is recognized by incorporation of Sharia into the Islamic legal system and community. In this sense Sharia is the constitutional law of a Muslim society

Islam · Islamic studies · Political science · Politics · Sharia · Sketch · Sociology · Sovereignty · Theology · Computer Science · Islamic Finance and Banking Studies · Law · Law, logistics, and international trade · Legal Studies and Policies · Philosophy

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Unique citing works2
Citations per year0,13
Citation span2010 - 2023 (14)
Citation velocityhistorical
Highly citedNo
Citation typesNeutral: 2

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