The book of sales in Majallat al-Ahkam al-Adliyyah : a juristic evaluation of its contents and their contemporary applications /
The Majallat al-Ahkam al-Adliyyah is the code of Islamic civil transactions which was prepared under the auspices of the Ottoman Caliphate. This code was established based on the Hanafi School of Islamic law. The main objective of this research is to evaluate this code through analyzing its underpin...
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| Main Author: | |
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| Format: | Thesis |
| Language: | English |
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Kuala Lumpur :
Kuliyyah of islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2016
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/6926 |
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| Summary: | The Majallat al-Ahkam al-Adliyyah is the code of Islamic civil transactions which was prepared under the auspices of the Ottoman Caliphate. This code was established based on the Hanafi School of Islamic law. The main objective of this research is to evaluate this code through analyzing its underpinnings and making a comparison with other Schools of Islamic law. This objective is made responding to a phenomenon whereby students and researchers from other Schools are reluctant to rely on this code, being enthusiastic about the grounds and stands of the other Schools concerning the code. The research intends also to investigate the applicability of this code in the contemporary context since it is more than one hundred years old. This research has been accomplished by utilizing the analytical method to discuss the grounds of the code, along with the comparative method to deal with the stands of the other Schools. The research has also critically examined the relevance of the code to the modern context. This research comprises seven chapters along with a conclusion. The first chapter deals with the framework, outline and proposal of the research, followed by the second chapter in which matters related to the codification of the Islamic law are discussed. The subsequent chapters deal with the articles of the code related to various issues regarding the sale, such as issues in conclusion of the sale, subject matters, delivery and possession, options and finally issues in some types of sales like forward, manufacturing and redemption sales respectively. The research found that although articles of the code are known to be based on the Hanafi School, they generally are not contrary to the views of majority of the Schools, except a few. A major portion (78%) of articles conforms to all the prominent Schools, while a small number (15%) of them consent to majority and the rest (7%) agree with minority of the Schools. The major portion of articles (about 97%) concurs with the reliable stands of Hanafi School excluding a few cases (3%) in which they comply with the minority views of the School. The research also found that the code is substantially applicable to the modern Islamic banking and business, economy and finance, capital and stock market, exchange and development, and others. The application of this code would ease the flow of civil transactions and eradicate commercial hardship. The researcher differs with 13% of articles and feels that they may be revised and modified accordingly. The research has provided suggestions, modifications and additions for 35% of the issues. The researcher recommends these suggestions and modifications to be incorporated accordingly in the code which could contribute to the revival of the historical role of the code. |
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| Physical Description: | xix, 444 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 426-440). |