The significance of core theories in the Islamic legal structure: an analysis with reference to the concept of shirkah (partnership)

Paying due attention to the relevant theoretical foundation is important in developing new rulings for application in fields such as modern banking and finance. Research on the primary layout of shari’ah rulings indicates that in many instances, individual theoretical foundations have served as the...

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Main Author:	Sadique, Muhammad Abdurrahman
Format:	Conference or Workshop Item
Language:	English
Published:	2009
Subjects:	KBP250 Schools of thought. Islamic legal schools. Madhahib KBP41 Legal research KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
Online Access:	http://irep.iium.edu.my/7260/ http://irep.iium.edu.my/7260/ http://irep.iium.edu.my/7260/1/The_Significance_of_Core_Theories_in_the_Islamic_Legal_Structure-Muhammad_Abdurrahman_Sadique.pdf

id	iium-7260
recordtype	eprints
spelling	iium-72602011-12-22T03:26:27Z http://irep.iium.edu.my/7260/ The significance of core theories in the Islamic legal structure: an analysis with reference to the concept of shirkah (partnership) Sadique, Muhammad Abdurrahman KBP250 Schools of thought. Islamic legal schools. Madhahib KBP41 Legal research KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. Paying due attention to the relevant theoretical foundation is important in developing new rulings for application in fields such as modern banking and finance. Research on the primary layout of shari’ah rulings indicates that in many instances, individual theoretical foundations have served as the basis for all the rulings on a specific legal area. A school’s approach to, and its rulings on, detailed issues related to a subject are shaped by the individual theoretical foundation developed by the school pertaining to the area of law concerned. In capital based partnerships, rulings of each school have been directly influenced by the distinct postulation adopted by the school with regard to the essence of shirkah. The perception of each school regarding the core structure of shirkah has dictated the approach of the school to the admissibility of various types of capital, liability of partners, and a multitude of related rulings. In deriving practical solutions to issues of current relevance, it should be ensured that the rulings reflect a uniform underlying theory, without contradiction at any level. This calls for a careful attempt to discover or remodel theoretical foundations of various topics, which could accommodate all related regulations. In safeguarding the theoretical superiority of the shari’ah, this aspect is of central importance. 2009-07-15 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/7260/1/The_Significance_of_Core_Theories_in_the_Islamic_Legal_Structure-Muhammad_Abdurrahman_Sadique.pdf Sadique, Muhammad Abdurrahman (2009) The significance of core theories in the Islamic legal structure: an analysis with reference to the concept of shirkah (partnership). In: International Conference on Research in Islamic Laws (ICRIL 09), 15-16 Jul 2009, University of Malaya, Kuala Lumpur. http://www.iefpedia.com/english/wp-content/uploads/2010/09/The-Significance-of-Core-Theories-in-the-Islamic-Legal-Structure-an-Analysis-with-Reference-to-the-Concept-of-Shirkah-Partnership-Muhammad-Abdurrahman-Sadique.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP250 Schools of thought. Islamic legal schools. Madhahib KBP41 Legal research KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
spellingShingle	KBP250 Schools of thought. Islamic legal schools. Madhahib KBP41 Legal research KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. Sadique, Muhammad Abdurrahman The significance of core theories in the Islamic legal structure: an analysis with reference to the concept of shirkah (partnership)
description	Paying due attention to the relevant theoretical foundation is important in developing new rulings for application in fields such as modern banking and finance. Research on the primary layout of shari’ah rulings indicates that in many instances, individual theoretical foundations have served as the basis for all the rulings on a specific legal area. A school’s approach to, and its rulings on, detailed issues related to a subject are shaped by the individual theoretical foundation developed by the school pertaining to the area of law concerned. In capital based partnerships, rulings of each school have been directly influenced by the distinct postulation adopted by the school with regard to the essence of shirkah. The perception of each school regarding the core structure of shirkah has dictated the approach of the school to the admissibility of various types of capital, liability of partners, and a multitude of related rulings. In deriving practical solutions to issues of current relevance, it should be ensured that the rulings reflect a uniform underlying theory, without contradiction at any level. This calls for a careful attempt to discover or remodel theoretical foundations of various topics, which could accommodate all related regulations. In safeguarding the theoretical superiority of the shari’ah, this aspect is of central importance.
format	Conference or Workshop Item
author	Sadique, Muhammad Abdurrahman
author_facet	Sadique, Muhammad Abdurrahman
author_sort	Sadique, Muhammad Abdurrahman
title	The significance of core theories in the Islamic legal structure: an analysis with reference to the concept of shirkah (partnership)
title_short	The significance of core theories in the Islamic legal structure: an analysis with reference to the concept of shirkah (partnership)
title_full	The significance of core theories in the Islamic legal structure: an analysis with reference to the concept of shirkah (partnership)
title_fullStr	The significance of core theories in the Islamic legal structure: an analysis with reference to the concept of shirkah (partnership)
title_full_unstemmed	The significance of core theories in the Islamic legal structure: an analysis with reference to the concept of shirkah (partnership)
title_sort	significance of core theories in the islamic legal structure: an analysis with reference to the concept of shirkah (partnership)
publishDate	2009
url	http://irep.iium.edu.my/7260/ http://irep.iium.edu.my/7260/ http://irep.iium.edu.my/7260/1/The_Significance_of_Core_Theories_in_the_Islamic_Legal_Structure-Muhammad_Abdurrahman_Sadique.pdf
first_indexed	2023-09-18T20:16:35Z
last_indexed	2023-09-18T20:16:35Z
_version_	1777407827913998336

The significance of core theories in the Islamic legal structure: an analysis with reference to the concept of shirkah (partnership)

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