Joint proprietorship and business partnership (‘inan) in Islamic law: an analysis of the defining criteria

While the principal focus with regard to application Islamic modes of partnership in the fields of commerce and finance happen to be on contractual partnership or shirkah al ‘aqd, Islamic law has also laid down the fundamental principles and rules pertaining to joint proprietorship, where an asset,...

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Main Author: Sadique, Muhammad Abdurrahman
Format: Proceeding Paper
Language:English
Published: Edusage Network 2019
Subjects:
Online Access:http://irep.iium.edu.my/77595/
http://irep.iium.edu.my/77595/1/77595_Joint%20proprietorship%20and%20business%20partnership%20%28%E2%80%98inan%29.pdf
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author Sadique, Muhammad Abdurrahman
author_facet Sadique, Muhammad Abdurrahman
author_sort Sadique, Muhammad Abdurrahman
building IIUM Repository
collection Online Access
description While the principal focus with regard to application Islamic modes of partnership in the fields of commerce and finance happen to be on contractual partnership or shirkah al ‘aqd, Islamic law has also laid down the fundamental principles and rules pertaining to joint proprietorship, where an asset, right, usufruct etc. is held in common by two or more parties. Islamic law categorizes the joint proprietary relationship as a type of partnership, based on the factor of joint sharing found therein, albeit limited to ownership rights, as against joint investment and profit sharing found in business partnership. Detailed guidelines are provided in Islamic legal sources on the nature, conditions, rights and liabilities resulting from such joint proprietorship. The current paper attempts to study the key features of joint ownership/proprietorship as discussed in the major works of Islamic law, while providing a summary of shirkah al-‘inan, the type of business partnership that allows free investment of capital for profit sharing, by way of comparison.
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institution International Islamic University Malaysia
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publishDate 2019
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spelling iium-775952020-05-04T06:02:35Z http://irep.iium.edu.my/77595/ Joint proprietorship and business partnership (‘inan) in Islamic law: an analysis of the defining criteria Sadique, Muhammad Abdurrahman HF5001 Business. Business Administration HG3368 Islamic Banking and Finance KBP Islamic Law KBP639 Muʻāmalāt While the principal focus with regard to application Islamic modes of partnership in the fields of commerce and finance happen to be on contractual partnership or shirkah al ‘aqd, Islamic law has also laid down the fundamental principles and rules pertaining to joint proprietorship, where an asset, right, usufruct etc. is held in common by two or more parties. Islamic law categorizes the joint proprietary relationship as a type of partnership, based on the factor of joint sharing found therein, albeit limited to ownership rights, as against joint investment and profit sharing found in business partnership. Detailed guidelines are provided in Islamic legal sources on the nature, conditions, rights and liabilities resulting from such joint proprietorship. The current paper attempts to study the key features of joint ownership/proprietorship as discussed in the major works of Islamic law, while providing a summary of shirkah al-‘inan, the type of business partnership that allows free investment of capital for profit sharing, by way of comparison. Edusage Network 2019-12-14 Proceeding Paper PeerReviewed application/pdf en http://irep.iium.edu.my/77595/1/77595_Joint%20proprietorship%20and%20business%20partnership%20%28%E2%80%98inan%29.pdf Sadique, Muhammad Abdurrahman (2019) Joint proprietorship and business partnership (‘inan) in Islamic law: an analysis of the defining criteria. In: 2nd International Conference on Governance, Organization and Business ICGOB 2019, Hotel Perdana, Kota Bharu, Kelantan, Malaysia. http://www.edusagenet.com/conferences/upcoming-conferences
spellingShingle HF5001 Business. Business Administration
HG3368 Islamic Banking and Finance
KBP Islamic Law
KBP639 Muʻāmalāt
Sadique, Muhammad Abdurrahman
Joint proprietorship and business partnership (‘inan) in Islamic law: an analysis of the defining criteria
title Joint proprietorship and business partnership (‘inan) in Islamic law: an analysis of the defining criteria
title_full Joint proprietorship and business partnership (‘inan) in Islamic law: an analysis of the defining criteria
title_fullStr Joint proprietorship and business partnership (‘inan) in Islamic law: an analysis of the defining criteria
title_full_unstemmed Joint proprietorship and business partnership (‘inan) in Islamic law: an analysis of the defining criteria
title_short Joint proprietorship and business partnership (‘inan) in Islamic law: an analysis of the defining criteria
title_sort joint proprietorship and business partnership (‘inan) in islamic law: an analysis of the defining criteria
topic HF5001 Business. Business Administration
HG3368 Islamic Banking and Finance
KBP Islamic Law
KBP639 Muʻāmalāt
url http://irep.iium.edu.my/77595/
http://irep.iium.edu.my/77595/
http://irep.iium.edu.my/77595/1/77595_Joint%20proprietorship%20and%20business%20partnership%20%28%E2%80%98inan%29.pdf