الجعالة وتطبيقاتها في الفقه الإسلامي والقانون الماليزي /
This study concerns a juristic research regarding al-ju 'alah, aiming at defining its characteristics, laying out its rules, as well as ascertaining its logical relationship with the unilateral contract subscribed by the Malaysian Civil Law. Thus, points of convergency and divergency between bo...
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2003
|
| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/10535 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| LEADER | 044320000a22003970004500 | ||
|---|---|---|---|
| 008 | 210406s2003 my a f m 000 0 ara d | ||
| 040 | |a UIAM |b eng |e rda | ||
| 041 | |a ara | ||
| 043 | |a a-my--- | ||
| 100 | 0 | |a Wan Rumaizi Wan Husin, |e author |9 11998 | |
| 242 | 1 | 3 | |a al-Ji'alah wa-tatbiqatuha fi al-fiqh al-Islami wa-al-qanun al-Malizi |
| 245 | 1 | 2 | |a الجعالة وتطبيقاتها في الفقه الإسلامي والقانون الماليزي / |c إعداد، وان رميزي وان حسين |
| 264 | 1 | |a Kuala Lumpur : |b Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia, |c 2003 | |
| 300 | |a [xi], 158 leaves : |b illustrations ; |c 30cm. | ||
| 336 | |a text |2 rdacontent | ||
| 337 | |a unmediated |2 rdamedia | ||
| 337 | |a computer |2 rdamedia | ||
| 338 | |a volume |2 rdacarrier | ||
| 338 | |a online resource |2 rdacarrier | ||
| 347 | |a text file |b PDF |2 rdaft | ||
| 500 | |a Abstracts in English and Arabic. | ||
| 500 | |a "بحث تكميلي مقدم لنيل درجة الماجستير في معارف الوحي والتراث (قسم الفقه وأصول الفقه)."--On title page. | ||
| 502 | |a Thesis (MAIRK)--International Islamic University Malaysia, 2003. | ||
| 504 | |a Includes bibliographical references (leaves 151-158). | ||
| 520 | |a This study concerns a juristic research regarding al-ju 'alah, aiming at defining its characteristics, laying out its rules, as well as ascertaining its logical relationship with the unilateral contract subscribed by the Malaysian Civil Law. Thus, points of convergency and divergency between both types of contracts are disclosed. These characteristics and rules will be useful aids in the treatments of contemporary new aspects of human interaction, purposing at unveiling the flexibility and genuineness of the Islamic Law, which surpasses time and space. In order to conduct this study, views and juristic narrations of Islamic jurists on al-ju 'alah and likewise opinions of scholars in the field of law on the unilateral contract have been reviewed. This is done by looking into previous jurisdictions involving the issue. Finally, all these data are compared and analyzed. This study establishes the view that al-ju 'a/ah is lawful in dubious acts where the result is uncertain, and where al-ijarah is inapplicable. Similarly, this study establishes the view that al-ju 'alah is also lawful in known and obvious acts. After comparing al-ju 'alah with the unilateral contract, this study concludes that while there are many similarities between both, the former seems to be more general and of a wider range than the later. Al-ju 'alah and all acts carried by "unilateral will" share some of the elements subscribed to unilateral contract, and thus the three vocabularies formed a tri-relationship. With regards to rules, clear similarities between al-ju 'alah and unilateral contract are discerned. Thus, on the basis of this sort of contract, there are some shared elements between the Islamic and civil systems of transaction which implies the great possibility of implementation in the contemporary world characterized by the Islamic system of transaction. The concept of al-ju 'alah is centered around the idea of payment subject to the accomplishment of a work. This study maintains that al-ju 'alah possesses a great ability of undertaking new innovations in monetary transactions particularly pertaining to rewards. It can be done by considering the Islamic values and measures, and thus avoiding any form of uncertainty and cheating which may lead to hostility and corruption. | ||
| 655 | 7 | |a Theses, IIUM local | |
| 690 | |a Dissertations, Academic |x Department of Fiqh and Usul al-Fiqh |z IIUM |9 3524 | ||
| 700 | 0 | |a وان رزميزي وان حسين |9 11999 | |
| 710 | 2 | |a International Islamic University Malaysia. |b Department of Fiqh and Usul al-Fiqh |9 3527 | |
| 856 | 4 | |u http://studentrepo.iium.edu.my/handle/123456789/10535 | |
| 900 | |a naw-syl to asbh | ||
| 942 | |2 lcc | ||
| 999 | |c 436873 |d 467716 | ||
| 952 | |0 0 |6 XX (500248.1) |7 0 |8 THESES |9 758924 |a IIUM |b IIUM |c MULTIMEDIA |g 0.00 |o XX(500248.1) |p 00011275330 |r 2018-05-03 |t 1 |v 0.00 |y THESIS | ||
| 952 | |0 0 |6 XX (500248.1) |7 0 |8 THESES |9 758925 |a IIUM |b IIUM |c MULTIMEDIA |g 0.00 |o XX(500248.1) |p 00011275301 |r 2018-05-03 |t 2 |v 0.00 |y THESIS | ||
| 952 | |0 0 |6 XX (500248.1) |7 0 |8 THESES |9 758926 |a IIUM |b IIUM |c MULTIMEDIA |g 0.00 |o XX(500248.1) |p 00011275300 |r 2018-05-03 |t 3 |v 0.00 |y THESIS | ||