Mapping the common law concept of misrepresentation in contract under the Islamic Law
Misrepresentation is the act of making a fraudulent misrepresentation by a party or parties to a contract to influence the other party to enter into a contract. This concept, which originated from common law, is applied in almost all Commonwealth countries, including Malaysia. The legal provisions i...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Pusat Penyelidikan Syariah, Fakulti Pengajian Islam, Universiti Kebangsaan Malaysia
2021
|
| Online Access: | http://journalarticle.ukm.my/18187/1/JCIL-2021-61-Article-2.pdf |
| _version_ | 1796932796963356672 |
|---|---|
| author | Norhoneydayatie Abdul Manap, Nik Abdul Rahim Nik Abdul Ghani, Amirah Madihah Adnan, |
| author_facet | Norhoneydayatie Abdul Manap, Nik Abdul Rahim Nik Abdul Ghani, Amirah Madihah Adnan, |
| author_sort | Norhoneydayatie Abdul Manap, |
| collection | UKM |
| description | Misrepresentation is the act of making a fraudulent misrepresentation by a party or parties to a contract to influence the other party to enter into a contract. This concept, which originated from common law, is applied in almost all Commonwealth countries, including Malaysia. The legal provisions in place to prevent misrepresentation in a contract are based on contract law theory. However, this misrepresentation concept has not been explicitly discussed from the Islamic Law perspective. Therefore, this study aims to identify the common law concept of misrepresentation in the contract law theory from the Islamic law perspective. The methodology used in this study is library research of the qualitative method. The study found that although the concept of misrepresentation is not visibly discussed in Islamic Law, however, the subjects of taghrīr would be considered to be the closest to misrepresentation. |
| first_indexed | 2024-03-06T04:37:50Z |
| format | Article |
| id | ukm.eprints-18187 |
| institution | Universiti Kebangsaan Malaysia |
| language | English |
| last_indexed | 2024-03-06T04:37:50Z |
| publishDate | 2021 |
| publisher | Pusat Penyelidikan Syariah, Fakulti Pengajian Islam, Universiti Kebangsaan Malaysia |
| record_format | dspace |
| spelling | ukm.eprints-181872022-03-08T00:25:46Z http://journalarticle.ukm.my/18187/ Mapping the common law concept of misrepresentation in contract under the Islamic Law Norhoneydayatie Abdul Manap, Nik Abdul Rahim Nik Abdul Ghani, Amirah Madihah Adnan, Misrepresentation is the act of making a fraudulent misrepresentation by a party or parties to a contract to influence the other party to enter into a contract. This concept, which originated from common law, is applied in almost all Commonwealth countries, including Malaysia. The legal provisions in place to prevent misrepresentation in a contract are based on contract law theory. However, this misrepresentation concept has not been explicitly discussed from the Islamic Law perspective. Therefore, this study aims to identify the common law concept of misrepresentation in the contract law theory from the Islamic law perspective. The methodology used in this study is library research of the qualitative method. The study found that although the concept of misrepresentation is not visibly discussed in Islamic Law, however, the subjects of taghrīr would be considered to be the closest to misrepresentation. Pusat Penyelidikan Syariah, Fakulti Pengajian Islam, Universiti Kebangsaan Malaysia 2021 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/18187/1/JCIL-2021-61-Article-2.pdf Norhoneydayatie Abdul Manap, and Nik Abdul Rahim Nik Abdul Ghani, and Amirah Madihah Adnan, (2021) Mapping the common law concept of misrepresentation in contract under the Islamic Law. Journal of Contemporary Islamic Law, 6 (1). pp. 9-16. ISSN 0127-788X http://www.ukm.my/jcil/ |
| spellingShingle | Norhoneydayatie Abdul Manap, Nik Abdul Rahim Nik Abdul Ghani, Amirah Madihah Adnan, Mapping the common law concept of misrepresentation in contract under the Islamic Law |
| title | Mapping the common law concept of misrepresentation in contract under the Islamic Law |
| title_full | Mapping the common law concept of misrepresentation in contract under the Islamic Law |
| title_fullStr | Mapping the common law concept of misrepresentation in contract under the Islamic Law |
| title_full_unstemmed | Mapping the common law concept of misrepresentation in contract under the Islamic Law |
| title_short | Mapping the common law concept of misrepresentation in contract under the Islamic Law |
| title_sort | mapping the common law concept of misrepresentation in contract under the islamic law |
| url | http://journalarticle.ukm.my/18187/1/JCIL-2021-61-Article-2.pdf |
| work_keys_str_mv | AT norhoneydayatieabdulmanap mappingthecommonlawconceptofmisrepresentationincontractundertheislamiclaw AT nikabdulrahimnikabdulghani mappingthecommonlawconceptofmisrepresentationincontractundertheislamiclaw AT amirahmadihahadnan mappingthecommonlawconceptofmisrepresentationincontractundertheislamiclaw |