Shirkah al-Mufawadah or equitable partnership in Islamic commercial law: a comparative analysis
Shirkah al-‛aqd or contractual partnership is generally divided in to four distinct types by most jurists of Islamic law, with some difference among them as to which of these can be held permissible and the conditions thereof. Out of these types, shirkah al-mufawadah or equitable partnership has bee...
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| Language: | English |
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Zes Rokman Resources
2016
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| Online Access: | http://irep.iium.edu.my/52331/ http://irep.iium.edu.my/52331/ http://irep.iium.edu.my/52331/18/Proceedings%20KLIISC2-88.pdf |
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eprints |
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iium-523312018-01-05T03:39:30Z http://irep.iium.edu.my/52331/ Shirkah al-Mufawadah or equitable partnership in Islamic commercial law: a comparative analysis Sadique, Muhammad Abdurrahman KBP1 Islamic law.Shariah.Fiqh KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. KBP639 Muʻāmalāt Shirkah al-‛aqd or contractual partnership is generally divided in to four distinct types by most jurists of Islamic law, with some difference among them as to which of these can be held permissible and the conditions thereof. Out of these types, shirkah al-mufawadah or equitable partnership has been the subject of a lively discussion as to its nature andvalidity, where the Hanafi school has upheld it being a valid form of contractual partnership, in its specific form as described by them. However, they have conceded that its practical existence is rare. The current paper undertakes an analysis of the essential nature of sharikah al-mufawadah in the scheme of Islamic commercial partnerships. How the major schools of Islamic law have perceived the nature and conditions of this particular form of contractual partnership among the other types is discussed in detail, together with comparing the rationale behind them as expounded by Muslim jurists. Zes Rokman Resources 2016-10-08 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/52331/18/Proceedings%20KLIISC2-88.pdf Sadique, Muhammad Abdurrahman (2016) Shirkah al-Mufawadah or equitable partnership in Islamic commercial law: a comparative analysis. In: 2nd Kuala Lumpur International Islamic Studies and Civilisations (KLiiSC2 2016), 8th-9th Oct. 2016, Kuala Lumpur. http://www.kliisc.com |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English |
| topic |
KBP1 Islamic law.Shariah.Fiqh KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. KBP639 Muʻāmalāt |
| spellingShingle |
KBP1 Islamic law.Shariah.Fiqh KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. KBP639 Muʻāmalāt Sadique, Muhammad Abdurrahman Shirkah al-Mufawadah or equitable partnership in Islamic commercial law: a comparative analysis |
| description |
Shirkah al-‛aqd or contractual partnership is generally divided in to four distinct types by most jurists of Islamic law, with some difference among them as to which of these can be held permissible and the conditions thereof. Out of these types, shirkah al-mufawadah or equitable partnership has been the subject of a lively discussion as to its nature andvalidity, where the Hanafi school has upheld it being a valid form of contractual partnership, in its specific form as described by them. However, they have conceded that its practical existence is rare. The current paper undertakes an analysis of the essential nature of sharikah al-mufawadah in the scheme of Islamic commercial partnerships. How the major schools of Islamic law have perceived the nature and conditions of this particular form of contractual partnership among the other types is discussed in detail, together with comparing the rationale behind them as expounded by Muslim jurists. |
| format |
Conference or Workshop Item |
| author |
Sadique, Muhammad Abdurrahman |
| author_facet |
Sadique, Muhammad Abdurrahman |
| author_sort |
Sadique, Muhammad Abdurrahman |
| title |
Shirkah al-Mufawadah or equitable partnership in Islamic commercial law: a comparative analysis |
| title_short |
Shirkah al-Mufawadah or equitable partnership in Islamic commercial law: a comparative analysis |
| title_full |
Shirkah al-Mufawadah or equitable partnership in Islamic commercial law: a comparative analysis |
| title_fullStr |
Shirkah al-Mufawadah or equitable partnership in Islamic commercial law: a comparative analysis |
| title_full_unstemmed |
Shirkah al-Mufawadah or equitable partnership in Islamic commercial law: a comparative analysis |
| title_sort |
shirkah al-mufawadah or equitable partnership in islamic commercial law: a comparative analysis |
| publisher |
Zes Rokman Resources |
| publishDate |
2016 |
| url |
http://irep.iium.edu.my/52331/ http://irep.iium.edu.my/52331/ http://irep.iium.edu.my/52331/18/Proceedings%20KLIISC2-88.pdf |
| first_indexed |
2023-09-18T21:14:08Z |
| last_indexed |
2023-09-18T21:14:08Z |
| _version_ |
1777411448937381888 |