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Formal contracts in Islamic jurisprudence (Study of the views of scholars in Islamic jurisprudence) | ||
| مجلة آداب البصرة | ||
| Article 10, Volume 6, Issue 52, 2010, Pages 297-316 PDF (0 K) | ||
| Author | ||
| Hussein Abdel-Qader Maroof | ||
| Abstract | ||
| The Islamic Jurisprudence has been predominated by the principle consensual contracts. Moreover, consensual or the negligence of the formalistic respects of the contracts were considered as the general basis on which this Jurisprudence relies. Nevertheless, this, in spite of the differences between the Islamic schools, did not stop the Islamic Jurisprudence from adopting the concept of formalism in some contracts to protect the contractors' interests. This is what has pushed the researchers in this jurisprudence to study the formalistic aspects in contracts in the Islamic Jurisprudence. However, their opinions varied, in that some of them generalize this formalism whereas others restrain it. This variation appeared though they depend on the form in its legal concept, which is considered as a special image of expressing the will imposed by the legislature and binding for the formulation of the contract. These opinions were not true manifestation of the reality and core of the Islamic Jurisprudence for they overpass the nature of this jurisprudence and its goals. This, in turn leads to the ambiguity of the meaning of the form in the Islamic jurisprudence. | ||
| Keywords | ||
| Formal contracts; in Islamic jurisprudence | ||
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