الجهالة في العقود، صورها وأثرها في المعاملات المالية الإسلامية : عقد المقاولة في ماليزيا أنموذجا /
Construction contract is considered as one of the modern contracts, and has triggered the interest of researchers today because of its roles in the life of people today. For this reason, this research studies the construction contract, its features and explanation of this particular type of contract...
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2017
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8506 |
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| Summary: | Construction contract is considered as one of the modern contracts, and has triggered the interest of researchers today because of its roles in the life of people today. For this reason, this research studies the construction contract, its features and explanation of this particular type of contract. Ambiguity (Jahalah) is one of the demerits that can render a contract null and void. Hence, the researcher tries to explain the concept of ambiguity in Islamic law, the differences between ambiguity (Jahalah) and deception or risk (Al-Gharar), and also explain similar terminologies related to ambiguity (Jahalah). Also, this research will focus on the different kinds of ambiguity (Jahalah) in relation to its effects on contract and consider areas that are affected by ambiguity (Jahalah). However, ambiguity (Jahalah) occurs in the pattern of the contract, the contractual item, or and on either of the party to the contract. This research explains some of the important standards that can help to identify the ambiguity (Jahalah) that affects contracts. Whereas, construction contract in the modern times has different forms such as the original contract, sub-contract, and parallel-contract. This is supplemented with an explanation of the juristic issues of contract, with a special focus on construction contracts in Malaysia, where the construction contract standard forms are reconsidered. The research findings show that some of the contract standard forms used in construction are related to public-sectors while some are related to private-sectors. Additionally, some are international in nature. The researcher has employed the inductive and descriptive methods of research to gather information from the position of Islamic jurists on the concept of ambiguity (Jahalah), and identify its elements and the kinds of ambiguity (Jahalah) that affect contracts. The research concludes with the recommendation to prevent element of ambiguility (Jahalah) in contruction. |
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| Physical Description: | [xii], 222 leaves ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 198-222). |