Principles of the issues of condition in the juristic study of transactions among ibadhis
The issues of conditions are of great importance in the formation of the contractual process between the parties to the contract, and therefore it is necessary to edit them carefully to prevent the contracts from any defect that may result in invalidation, and since contemporary studies are scarce i...
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| Format: | Article |
| Language: | English |
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IIUM Press
2020
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| Online Access: | http://irep.iium.edu.my/82691/7/82691_Principles%20of%20the%20issues%20of%20condition%20in%20the%20juristic%20study%20of%20transactions%20among%20ibadhis.pdf |
| _version_ | 1825653471239471104 |
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| author | al-Harithy, Salim bin Said Mat Jubri@Shamsuddin, Mustafa |
| author_facet | al-Harithy, Salim bin Said Mat Jubri@Shamsuddin, Mustafa |
| author_sort | al-Harithy, Salim bin Said |
| collection | IIUM |
| description | The issues of conditions are of great importance in the formation of the contractual process between the parties to the contract, and therefore it is necessary to edit them carefully to prevent the contracts from any defect that may result in invalidation, and since contemporary studies are scarce in gathering ibadi views in the theory of condition, the research has used the analytical inductive approach. In order to reach the opinion of the Ibadi in the fundamentals of the issues of condition, the fundamentals of the books of jurisprudence read the books of jurisprudence in ibadi, and then analyzed their opinions, to the conclusion that ibadi differed in many issues of condition, such as the origin in the provision of conditions, and the effect of the conditions violated They also differed in the interpretation of the non-issue of two conditions in a contract, and differed in the branches of the issues of conditions such as the sale of the deposit and the condition of innocence of defects, as it was found that they agreed in return that not all the incorrect conditions invalidated the contract. |
| first_indexed | 2024-03-06T00:50:17Z |
| format | Article |
| id | oai:generic.eprints.org:82691 |
| institution | International Islamic University Malaysia |
| language | English |
| last_indexed | 2024-03-06T00:50:17Z |
| publishDate | 2020 |
| publisher | IIUM Press |
| record_format | dspace |
| spelling | oai:generic.eprints.org:826912021-06-10T08:17:30Z http://irep.iium.edu.my/82691/ Principles of the issues of condition in the juristic study of transactions among ibadhis al-Harithy, Salim bin Said Mat Jubri@Shamsuddin, Mustafa BP173.75 Islam and economics BPH186.5 Gharar - Deception KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP639 Muʻāmalāt The issues of conditions are of great importance in the formation of the contractual process between the parties to the contract, and therefore it is necessary to edit them carefully to prevent the contracts from any defect that may result in invalidation, and since contemporary studies are scarce in gathering ibadi views in the theory of condition, the research has used the analytical inductive approach. In order to reach the opinion of the Ibadi in the fundamentals of the issues of condition, the fundamentals of the books of jurisprudence read the books of jurisprudence in ibadi, and then analyzed their opinions, to the conclusion that ibadi differed in many issues of condition, such as the origin in the provision of conditions, and the effect of the conditions violated They also differed in the interpretation of the non-issue of two conditions in a contract, and differed in the branches of the issues of conditions such as the sale of the deposit and the condition of innocence of defects, as it was found that they agreed in return that not all the incorrect conditions invalidated the contract. IIUM Press 2020-09-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/82691/7/82691_Principles%20of%20the%20issues%20of%20condition%20in%20the%20juristic%20study%20of%20transactions%20among%20ibadhis.pdf al-Harithy, Salim bin Said and Mat Jubri@Shamsuddin, Mustafa (2020) Principles of the issues of condition in the juristic study of transactions among ibadhis. International Journal of al-Turath in Islamic wealth and finance, 1 (2). pp. 40-65. E-ISSN 2716-6856 https://journals.iium.edu.my/iiibf-journal/index.php/ijaiwf/article/view/417/199 |
| spellingShingle | BP173.75 Islam and economics BPH186.5 Gharar - Deception KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP639 Muʻāmalāt al-Harithy, Salim bin Said Mat Jubri@Shamsuddin, Mustafa Principles of the issues of condition in the juristic study of transactions among ibadhis |
| title | Principles of the issues of condition in the juristic study of transactions among ibadhis |
| title_full | Principles of the issues of condition in the juristic study of transactions among ibadhis |
| title_fullStr | Principles of the issues of condition in the juristic study of transactions among ibadhis |
| title_full_unstemmed | Principles of the issues of condition in the juristic study of transactions among ibadhis |
| title_short | Principles of the issues of condition in the juristic study of transactions among ibadhis |
| title_sort | principles of the issues of condition in the juristic study of transactions among ibadhis |
| topic | BP173.75 Islam and economics BPH186.5 Gharar - Deception KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP639 Muʻāmalāt |
| url | http://irep.iium.edu.my/82691/7/82691_Principles%20of%20the%20issues%20of%20condition%20in%20the%20juristic%20study%20of%20transactions%20among%20ibadhis.pdf |
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