Necessity as a pretext for violation of Islamic commercial Law: a scenario of mortgage contract in the UK
This article attempts to examine some Islamic legal maxims in relation to the practice of mortgage in the UK. It looks at various products offered by either conventional banks or Islamic banks to determine whether necessity can be used as a pretext to breach the prohibition of riba. It answers, in...
| Main Author: | Zakariyah, Luqman |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Islami Bank Training and Research Academy
2012
|
| Subjects: | |
| Online Access: | http://irep.iium.edu.my/32048/ http://irep.iium.edu.my/32048/1/Necessity_as_a_pretext_for_violation_of_Islamic_Commercial.pdf |
Similar Items
Sterilisation of mentally disabled children: justice or violation of individual's right
by: Ramli, Nasiibah, et al.
Published: (2011)
by: Ramli, Nasiibah, et al.
Published: (2011)
Textuality as a linguistic mechanism for codifying legal maxims in Islamic criminal law
by: Zakariyah, Luqman
Published: (2013)
by: Zakariyah, Luqman
Published: (2013)
Islamic commercial law
by: Saleem, Muhammad Yusuf
Published: (2013)
by: Saleem, Muhammad Yusuf
Published: (2013)
Legal maxim “every loan that brings benefit is usury”: its related issues and implementation in financial transactions
by: Amanullah, Muhammad, et al.
Published: (2017)
by: Amanullah, Muhammad, et al.
Published: (2017)
Adoption of the principle of ‘invitation to treat’ in Islamic law of contracts = Adoptasi prinsip pelawaan tawaran dalam kontrak undang-undang Islam
by: Jalil, Md. Abdul
Published: (2012)
by: Jalil, Md. Abdul
Published: (2012)
The invitation to treat and Mu'atah in online contracts
by: Razali, Siti Salwani
Published: (2009)
by: Razali, Siti Salwani
Published: (2009)
Mutual consent in formation of financial contracts: a juristic analysis
by: Rahman, Md. Habibur, et al.
Published: (2016)
by: Rahman, Md. Habibur, et al.
Published: (2016)
Social obligation towards abandoned children (foundlings) under Islamic law: a comparative overview with law in Malaysia and laws in some Muslim countries
by: Mohd, Azizah
Published: (2011)
by: Mohd, Azizah
Published: (2011)
Law and morality: prospect of harmonizing civil law and Shari'ah perpectives
by: Ansari, Abdul Haseeb
Published: (2011)
by: Ansari, Abdul Haseeb
Published: (2011)
Waqf laws and management
Published: (2012)
Published: (2012)
Khiyar Al-majlis (option of withdrawal before parting) in sale contract contemporary applications
by: Rahman, Md. Habib ur, et al.
Published: (2017)
by: Rahman, Md. Habib ur, et al.
Published: (2017)
Redefining reproductive rights through a harmonised approach of international human rights law and Islamic law
by: Zawawi, Majdah
Published: (2011)
by: Zawawi, Majdah
Published: (2011)
An overview of the protection of rights of unborn child under Islamic Law and the Law in Malaysia
by: Mohd, Azizah, et al.
Published: (2018)
by: Mohd, Azizah, et al.
Published: (2018)
Salam (Forward sale) and Istisna' (Manufacture contract) in modern applications: a Maqasid al-shari'ah perspective
by: Ali, Mohammed Farid
Published: (2016)
by: Ali, Mohammed Farid
Published: (2016)
Proceedings of Waqf laws and management
Published: (2009)
Published: (2009)
Organised Tawarruq in Islamic Law
by: Abdul Rahman, Zaharuddin
Published: (2011)
by: Abdul Rahman, Zaharuddin
Published: (2011)
Punishment for rape in Islamic law.
by: Mohd Noor, Azman
Published: (2009)
by: Mohd Noor, Azman
Published: (2009)
The concept of custody in Islamic law
by: Zahraa, Mahdi, et al.
Published: (1998)
by: Zahraa, Mahdi, et al.
Published: (1998)
Right of women to mahr (dower) under Islamic law and Malaysian family law: some suggestions for reform
by: Abdul Hak, Nora
Published: (2014)
by: Abdul Hak, Nora
Published: (2014)
al-Maslahah al-Mursalah as a source of Islamic law and its relevance to political dispensation
by: Zakariyah, Luqman
Published: (2017)
by: Zakariyah, Luqman
Published: (2017)
Matrimonial offences in the light of Islamic law
by: Smail, Akakba, et al.
Published: (2015)
by: Smail, Akakba, et al.
Published: (2015)
Sales subject to a condition in Islamic law: a juristic analysis
by: Rahman, Md. Habibur, et al.
Published: (2016)
by: Rahman, Md. Habibur, et al.
Published: (2016)
Transaction involving wealth that mixed between lawful and unlawful under Islamic law and its application in Islamic banking and practice
by: Hj Ibrahim, Badruddin
Published: (2015)
by: Hj Ibrahim, Badruddin
Published: (2015)
Registration of marriage: a comparative analysis between Islamic law and United Nations general assembly resolution of 1965 on registration of marriage with reference to Malaysian family law
by: Mahmud , Mek Wok, et al.
Published: (2011)
by: Mahmud , Mek Wok, et al.
Published: (2011)
Women's rights in classical Islamic law: an expository study
by: Yelwa, Mansur Isa, et al.
Published: (2014)
by: Yelwa, Mansur Isa, et al.
Published: (2014)
Equality clause of modern constitutions, women and Islamic law
by: Ansari, Abdul Haseeb, et al.
Published: (2014)
by: Ansari, Abdul Haseeb, et al.
Published: (2014)
A polemical discourse over the legitimation of illegitimate children under Islamic Law
by: Sarumi, Isa Abdur-Razak, et al.
Published: (2019)
by: Sarumi, Isa Abdur-Razak, et al.
Published: (2019)
Violations of basic rights of prisoners in conventional and Islamic law: theory and practice
by: Ali, Mohammed Farid, et al.
Published: (2019)
by: Ali, Mohammed Farid, et al.
Published: (2019)
Child labor under Islamic law (the shari’ah): An overview
by: Mohd, Azizah, et al.
Published: (2016)
by: Mohd, Azizah, et al.
Published: (2016)
Child labor under Islamic law (the shari’ah): an overview
by: Mohd, Azizah, et al.
Published: (2018)
by: Mohd, Azizah, et al.
Published: (2018)
Implementing Hudud on women in Shari`ah: a comparison with
civil laws in the punishment of adultery
by: Osmani, Noor Mohammad, et al.
Published: (2010)
by: Osmani, Noor Mohammad, et al.
Published: (2010)
The theory of compulsion (Ijbar) in marriage under Islamic
Law: incorporation of the Hanafis view on compulsory
consent in marriage under the Islamic Family Law (Federal
Territories) Act 1984
by: Mohd, Azizah, et al.
Published: (2020)
by: Mohd, Azizah, et al.
Published: (2020)
Intellectual property rights in the light of Islamic law and man-made regulations
by: Moustafa Moursi, Abdel Wadoud, et al.
Published: (2010)
by: Moustafa Moursi, Abdel Wadoud, et al.
Published: (2010)
Protection and adoption of abandoned children in Malaysia: comparative overview with Islamic law
by: Mohd, Azizah
Published: (2010)
by: Mohd, Azizah
Published: (2010)
The question of methodology in the science of Maqasid Al-Shari'ah (objectives of Islamic Law)
by: Soualhi, Younes
Published: (2009)
by: Soualhi, Younes
Published: (2009)
أثر الأدلة الشرعية في الفروق الفقهية دراسة نظرية تطبيقية في باب المعاوضات = The Impact of Islamic Legal Evidences in Jurisprudential Variations A Theoretical Applied Study On The Subject of Exchange Contracts
by: Mat Jubri@Shamsuddin, Mustafa
Published: (2015)
by: Mat Jubri@Shamsuddin, Mustafa
Published: (2015)
Rights of a housewife in the husband's business: the issues of matrimonial property: the Malaysian family law and Shari'ah perspective
by: Ariff Abdul Ghadas, Zuhairah, et al.
Published: (2014)
by: Ariff Abdul Ghadas, Zuhairah, et al.
Published: (2014)
Islamic family law : demystifying Shari'ah in the protection of children ' rights volume iii
by: Kamaruddin, Zaleha
Published: (2012)
by: Kamaruddin, Zaleha
Published: (2012)
Child’s right to life in the light of the objectives of Islamic Law (Maqasid al-Shari’ah)
by: Mohd, Azizah, et al.
Published: (2015)
by: Mohd, Azizah, et al.
Published: (2015)
The concept of retributive and restorative justice in Islamic criminal law with reference to the Malaysian Syariah Court
by: Wan Muhammad, Ramizah
Published: (2016)
by: Wan Muhammad, Ramizah
Published: (2016)
Similar Items
-
Sterilisation of mentally disabled children: justice or violation of individual's right
by: Ramli, Nasiibah, et al.
Published: (2011) -
Textuality as a linguistic mechanism for codifying legal maxims in Islamic criminal law
by: Zakariyah, Luqman
Published: (2013) -
Islamic commercial law
by: Saleem, Muhammad Yusuf
Published: (2013) -
Legal maxim “every loan that brings benefit is usury”: its related issues and implementation in financial transactions
by: Amanullah, Muhammad, et al.
Published: (2017) -
Adoption of the principle of ‘invitation to treat’ in Islamic law of contracts = Adoptasi prinsip pelawaan tawaran dalam kontrak undang-undang Islam
by: Jalil, Md. Abdul
Published: (2012)