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...

Full description

Bibliographic Details
Main Authors:	Abdul Manap, Norhoneydayatie, Laluddin, Hayatullah, Mohd Kusrin, Zuliza, Salleh, Ahmad Dahlan, Mat Zai, Mat Noor, Muhammad Husni, Ahmad, Nik Abdul Ghani, Nik Abdul Rahim, Omar, Anwar Fakhri
Format:	Article
Language:	English
Published:	Canadian Center of Science and Education 2013
Subjects:	KBP Islamic Law
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

id	iium-37756
recordtype	eprints
spelling	iium-377562019-04-17T04:10:16Z http://irep.iium.edu.my/37756/ Stipulation in contract from Islamic and Malaysian legal perspectives Abdul Manap, Norhoneydayatie Laluddin, Hayatullah Mohd Kusrin, Zuliza Salleh, Ahmad Dahlan Mat Zai, Mat Noor Muhammad Husni, Ahmad Nik Abdul Ghani, Nik Abdul Rahim Omar, Anwar Fakhri KBP Islamic Law 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. Canadian Center of Science and Education 2013-12-29 Article PeerReviewed application/pdf en cc_by http://irep.iium.edu.my/37756/1/Article_2_Asian_Social___Sciences.pdf Abdul Manap, Norhoneydayatie and Laluddin, Hayatullah and Mohd Kusrin, Zuliza and Salleh, Ahmad Dahlan and Mat Zai, Mat Noor and Muhammad Husni, Ahmad and Nik Abdul Ghani, Nik Abdul Rahim and Omar, Anwar Fakhri (2013) Stipulation in contract from Islamic and Malaysian legal perspectives. Asian Social Science, 10 (2). pp. 112-117. ISSN 1911-2017 E-ISSN 1911-2025 http://www.ccsenet.org/journal http://dx.doi.org/10.5539/ass.v10n2p112
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP Islamic Law
spellingShingle	KBP Islamic Law Abdul Manap, Norhoneydayatie Laluddin, Hayatullah Mohd Kusrin, Zuliza Salleh, Ahmad Dahlan Mat Zai, Mat Noor Muhammad Husni, Ahmad Nik Abdul Ghani, Nik Abdul Rahim Omar, Anwar Fakhri Stipulation in contract from Islamic and Malaysian legal perspectives
description	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.
format	Article
author	Abdul Manap, Norhoneydayatie Laluddin, Hayatullah Mohd Kusrin, Zuliza Salleh, Ahmad Dahlan Mat Zai, Mat Noor Muhammad Husni, Ahmad Nik Abdul Ghani, Nik Abdul Rahim Omar, Anwar Fakhri
author_facet	Abdul Manap, Norhoneydayatie Laluddin, Hayatullah Mohd Kusrin, Zuliza Salleh, Ahmad Dahlan Mat Zai, Mat Noor Muhammad Husni, Ahmad Nik Abdul Ghani, Nik Abdul Rahim Omar, Anwar Fakhri
author_sort	Abdul Manap, Norhoneydayatie
title	Stipulation in contract from Islamic and Malaysian legal perspectives
title_short	Stipulation in contract from Islamic and Malaysian legal perspectives
title_full	Stipulation in contract from Islamic and Malaysian legal perspectives
title_fullStr	Stipulation in contract from Islamic and Malaysian legal perspectives
title_full_unstemmed	Stipulation in contract from Islamic and Malaysian legal perspectives
title_sort	stipulation in contract from islamic and malaysian legal perspectives
publisher	Canadian Center of Science and Education
publishDate	2013
url	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
first_indexed	2023-09-18T20:54:08Z
last_indexed	2023-09-18T20:54:08Z
_version_	1777410190581170176

Stipulation in contract from Islamic and Malaysian legal perspectives

Similar Items