Articles of the mejelle on istisna contract: Juristic evaluation and applications
The Majallat al-Aḥkām al-‘Adliyyah, known as the Mejelle, is the code of Islamic civil transactions which was prepared under the auspices of the Ottoman Caliphate. This code was established based on the Ḥanafī School of Islamic law. The paper intends to conduct a juristic evaluation of the artic...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English English |
| Published: |
2019
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/6671/1/FH02-FPP-20-36591.pdf http://eprints.unisza.edu.my/6671/2/FH02-FPP-20-37439.pdf http://eprints.unisza.edu.my/6671/ |
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| Institution: | Universiti Sultan Zainal Abidin |
| Language: | English English |
| Summary: | The Majallat al-Aḥkām al-‘Adliyyah, known as the Mejelle, is the
code of Islamic civil transactions which was prepared under the
auspices of the Ottoman Caliphate. This code was established
based on the Ḥanafī School of Islamic law. The paper intends
to conduct a juristic evaluation of the articles of the Mejelle on
istiṣnā‘ contract along with an investigation of its contemporary
applications. Istiṣnā‘ is a contract to buy for a definite price
something that may be manufactured later, under agreed
specifications between contracting parties. The study finds that
although articles of the Mejelle on istiṣnā‘ are known to be based
on the Ḥanafī School, they generally are not contrary to the
views of the majority of the Schools of Islamic law. It concludes
that the contract of istiṣnā‘ is applicable as a modern tool to
finance infrastructure development, high technology industries,
and mega projects like highway construction, aircraft industries,
locomotive, shipbuilding, and so forth. |
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