Stipulation in contract from Islamic and Malaysian legal perspectives
Generally, a subject of legal obligation is bound to perform his/her obligation regardless of whether the source of the obligation comes from the Lawgiver or is initiated by the subject of the law himself. Contract is a source of obligation which is initiated by a subject of legal obligation. Ther...
| Main Authors: | , , , , , , , |
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| Format: | Article |
| Language: | English |
| Published: |
Canadian Center of Science and Education
2013
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/37756/ http://irep.iium.edu.my/37756/ http://irep.iium.edu.my/37756/ http://irep.iium.edu.my/37756/1/Article_2_Asian_Social___Sciences.pdf |
| Summary: | Generally, a subject of legal obligation is bound to perform his/her obligation regardless of whether the source of
the obligation comes from the Lawgiver or is initiated by the subject of the law himself. Contract is a source of
obligation which is initiated by a subject of legal obligation. Therefore, a person who makes a contract is
responsible to the contract he concludes. Thus he is obliged to observe and perform his duty as agreed upon in
the contract. In some cases, additional conditions or stipulations are included in the contract. Theses stipulations
or conditions present a form of obligation that has to be complied with by contracting parties. The purpose of
this study therefore, is to examine whether additional conditions can be added into the contract from the
perspective of Islamic law and Malaysian law or otherwise. Thus, this study attempts to elaborate on the concept
of stipulations its nature and types from Islamic and Malaysian laws points of view. The study also analyzes the
similarities and differences of the concept of stipulations between both laws. The study uses comparative and
analytical methods. The finding of the study shows that the term of stipulation and its types in Islamic law and
Malaysian law are similar. Therefore, it is suggested that the contracting parties before making any stipulation to
their contract to seek the advice of experts in order to make sure their contract is according with the law and is
Shari’ah compliant. |
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