rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: Contractual relationships in takaful fund and its legal entity
  name:
    name part: Hasan, Harith Amir
    role:
      role term: creator
  name:
    name part: International Islamic University Malaysia
    name part: Ahmad Ibrahim Kulliyyah of Laws
  genre: Theses, IIUM local
  origin info:
    place:
      place term: my
    place:
      place term: Kuala Lumpur
    publisher: Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia
    date issued: 2012
  language:
    language term: eng
  physical description:
    extent: xi, 109 leaves : ill. ; 30cm.
  abstract: This study sheds light on one of the most important issues in Islamic economics and widely spread in the Islamic world. That is the issue of contractual relations in takaful and the legal status of takaful fund. The principles and general features of takaful are viewed in the second chapter of this study. Then, the theory of legal personality is discussed as it is one of the theories that was recognized by Islamic jurisprudence and was, also, applied in many cases. Further, came the analysis and critique of contractual relations among the parties of takaful, namely; takaful fund, takaful participants and takaful operator. The obstacles and problems found in these contractual relations are presented with a humble effort to overcome some of them. Finally, the legal status of takaful fund is discussed. The discussion resulted in the independency of the fund and in possessing a legal personality due to the strong evidence provided by supporters of this opinion. In this study, two methodologies are applied: descriptive and analytical. The descriptive method is used in reviewing the general principles of takaful and describing the theory of legal personality, whereas the analytical method is applied all through the study. The study concludes a number of main results, to mention some of them; the existence of several cases of legal personality which was accepted in Shari'ah, takaful is considered as a tabarru' contract as some contractual relations do not comply to the rules of Shari'ah and the support and acceptance of the independency of takaful fund in addition to the position of an independent legal personality. The study recommends more in-depth research on the different aspects of takaful due to the limited number of resources in this field of study. Also, it calls for conducting more research on the nature of tabarru' to drive away any doubts arising now and then of the actual nature of tabarru'.
  note: by Harith Amir Hasan
  note: Abstract in English and Arabic.
  note: "A dissertation submitted in partial fulfilment of the requirements for the degree of Master of Comparative Law."--On t.p.
  note: Thesis (MCL)--International Islamic University Malaysia, 2012.
  note: Includes bibliographical references (leaves 102-109).
  subject:
    geographic code: a-my---
  subject:
    topic: Insurance
    topic: Religious aspects Islam
  classification: HG8051
  identifier: http://studentrepo.iium.edu.my/handle/123456789/1449
  record info:
    record creation date: 121030