CH 5 - Islamic Law N Bus. Transactions

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Islamic Law of Contracts and Business Transactions

Maal (Wealth), Usufruct and Ownership General Framework of Contracts Broad Rules for the alidit! of Mu"amalat W"adah (#romise) and Related Matters $!pes of Contract Commutati e and %on&commutati e Contracts Conditional or Contin'ent Contracts
(slamic Finance, )r* Waheed +khter, COM,+$,, -ahore

Maal (Wealth), Usufruct and Ownership


Ownership of +ssets (Milk ul /+in) Ownership of )e0t (Milk ul )a!n) Ownership of Usufruct (Milk ul Manf"at) Fun'i0le and non&Fun'i0le 'oods (1awatul +mthal or Mithli s* 1awatul 2i!am or 2imi) ,alaam for Mithli 'oods (wheat, rice etc*) (stisna for 2imi 'oods ( ehicles etc*)

(slamic Finance, )r* Waheed +khter, COM,+$,, -ahore

Definin

!arious "elated Terms

Mitha4 5 co enant, firm determination to fulfill contractual o0li'ations +hd or W"adah 5 unilateral or 0ilateral o0li'ation /+4d (Contract) 5 offer and acceptance

(slamic Finance, )r* Waheed +khter, COM,+$,, -ahore

#lements of Contract
Contractin' parties Offer and acceptance ,u07ect matter
#recise determination #ossession and deli er!

(slamic Finance, )r* Waheed +khter, COM,+$,, -ahore

"ules for $alidit% of Mu&amalat


Free mutual consent #rohi0ition of 'harar + oidin' ri0a + oidin' 2imar and Maisir #rohi0ition of contin'ent contracts Conformit! of contracts with Ma4asid of ,hari"ah #rofits with lia0ilit! #ermissi0ilit! as a 'eneral rule
(slamic Finance, )r* Waheed +khter, COM,+$,, -ahore 9

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