Articles of the mejelle on istisna contract: Juristic evaluation and applications

Bibliographic Details
Format: Restricted Document
_version_ 1860797351985152000
building INTELEK Repository
collection Online Access
collectionurl https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072
date 2024-08-26 23:30:44
format Restricted Document
id 12371
institution UniSZA
originalfilename 6671-01-FH02-FPP-20-36591.pdf
person Adobe Acrobat Pro DC 20.6.20042
recordtype oai_dc
resourceurl https://intelek.unisza.edu.my/intelek/pages/view.php?ref=12371
spelling 12371 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=12371 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072 Restricted Document Article Journal application/pdf 20 1.6 Adobe Acrobat Pro DC 20.6.20042 Adobe Acrobat Pro DC 20.6.20042 2024-08-26 23:30:44 6671-01-FH02-FPP-20-36591.pdf UniSZA Private Access Articles of the mejelle on istisna contract: Juristic evaluation and applications Journal of Shariah Law Research (JSLR) 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. 4 2 159-176
spellingShingle Articles of the mejelle on istisna contract: Juristic evaluation and applications
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.
title Articles of the mejelle on istisna contract: Juristic evaluation and applications
title_full Articles of the mejelle on istisna contract: Juristic evaluation and applications
title_fullStr Articles of the mejelle on istisna contract: Juristic evaluation and applications
title_full_unstemmed Articles of the mejelle on istisna contract: Juristic evaluation and applications
title_short Articles of the mejelle on istisna contract: Juristic evaluation and applications
title_sort articles of the mejelle on istisna contract: juristic evaluation and applications