Entitlement of Clients to Financial Compensation Stated in an Istisna' Contract Penalty Clause for Failure of Maker
This research aims to study the jurisprudential issue of the entitlement of a mustasni' (client/purchaser, to the financial compensation stated in a penalty clause in an istisna' contract to be paid by the contracted sani' (maker/manufacturer, if the sani' fails to fulfill contra...
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| Format: | Article |
| Language: | Arabic |
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King Saud University
2015-05-01
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| Series: | Journal of Islamic Studies |
| Subjects: | |
| Online Access: | https://jis.ksu.edu.sa/sites/jis.ksu.edu.sa/files/0027-02-04.pdf |
| _version_ | 1819053452963086336 |
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| author | AbduI-Karim Mohammad Alsima'il |
| author_facet | AbduI-Karim Mohammad Alsima'il |
| author_sort | AbduI-Karim Mohammad Alsima'il |
| collection | DOAJ |
| description | This research aims to study the jurisprudential issue of the entitlement of a mustasni' (client/purchaser, to the financial compensation stated in a penalty clause in an istisna' contract to be paid by the contracted sani' (maker/manufacturer, if the sani' fails to fulfill contract terms. The research follows an analytical approach. It defines the terms of: istisna' (contract to have goods made-to-order, and its status as well as the characteristics and benefits of the penalty clause. Then, it discusses the due compensation in the case of failure of maker prior to delivering the specified goods, taking into account the loss suffered by the client in financial and moral terms. It also discusses the case of failure after delivering some of the goods, showing causes, implications and related rulings. Among the significant research results is that the client is entitled to the stipulated compensation provided the following: the client must suffer a real loss as a result of the manufacturer's failure; the loss must be financially calculated at the time it is incurred; the manufacturer must be the source of the loss; the costs must not become a debt owed by the manufacturer to the client. |
| first_indexed | 2024-12-21T12:35:58Z |
| format | Article |
| id | doaj.art-de17e459f0674cf3ac61d48714b56627 |
| institution | Directory Open Access Journal |
| issn | 1658-6301 1658-6301 |
| language | Arabic |
| last_indexed | 2024-12-21T12:35:58Z |
| publishDate | 2015-05-01 |
| publisher | King Saud University |
| record_format | Article |
| series | Journal of Islamic Studies |
| spelling | doaj.art-de17e459f0674cf3ac61d48714b566272022-12-21T19:03:55ZaraKing Saud UniversityJournal of Islamic Studies1658-63011658-63012015-05-01272137166Entitlement of Clients to Financial Compensation Stated in an Istisna' Contract Penalty Clause for Failure of MakerAbduI-Karim Mohammad Alsima'ilThis research aims to study the jurisprudential issue of the entitlement of a mustasni' (client/purchaser, to the financial compensation stated in a penalty clause in an istisna' contract to be paid by the contracted sani' (maker/manufacturer, if the sani' fails to fulfill contract terms. The research follows an analytical approach. It defines the terms of: istisna' (contract to have goods made-to-order, and its status as well as the characteristics and benefits of the penalty clause. Then, it discusses the due compensation in the case of failure of maker prior to delivering the specified goods, taking into account the loss suffered by the client in financial and moral terms. It also discusses the case of failure after delivering some of the goods, showing causes, implications and related rulings. Among the significant research results is that the client is entitled to the stipulated compensation provided the following: the client must suffer a real loss as a result of the manufacturer's failure; the loss must be financially calculated at the time it is incurred; the manufacturer must be the source of the loss; the costs must not become a debt owed by the manufacturer to the client.https://jis.ksu.edu.sa/sites/jis.ksu.edu.sa/files/0027-02-04.pdfistisna'; mustasni'; sani'; penalty clause/condition; Islamic contracts; fulfillment failure. |
| spellingShingle | AbduI-Karim Mohammad Alsima'il Entitlement of Clients to Financial Compensation Stated in an Istisna' Contract Penalty Clause for Failure of Maker Journal of Islamic Studies istisna'; mustasni'; sani'; penalty clause/condition; Islamic contracts; fulfillment failure. |
| title | Entitlement of Clients to Financial Compensation Stated in an Istisna' Contract Penalty Clause for Failure of Maker |
| title_full | Entitlement of Clients to Financial Compensation Stated in an Istisna' Contract Penalty Clause for Failure of Maker |
| title_fullStr | Entitlement of Clients to Financial Compensation Stated in an Istisna' Contract Penalty Clause for Failure of Maker |
| title_full_unstemmed | Entitlement of Clients to Financial Compensation Stated in an Istisna' Contract Penalty Clause for Failure of Maker |
| title_short | Entitlement of Clients to Financial Compensation Stated in an Istisna' Contract Penalty Clause for Failure of Maker |
| title_sort | entitlement of clients to financial compensation stated in an istisna contract penalty clause for failure of maker |
| topic | istisna'; mustasni'; sani'; penalty clause/condition; Islamic contracts; fulfillment failure. |
| url | https://jis.ksu.edu.sa/sites/jis.ksu.edu.sa/files/0027-02-04.pdf |
| work_keys_str_mv | AT abduikarimmohammadalsimail entitlementofclientstofinancialcompensationstatedinanistisnacontractpenaltyclauseforfailureofmaker |