Jurisprudential Rulings on Pricing in Contracting Agreements

Journal of Islamic Studies

关键词: contracting – contract – transaction – rent – pricing – rate – ijaarah – salam – istissnaa'.;   

DOI  :  

来源: DOAJ

【 摘 要 】

This paper is concerned with contemporary financial transactions involving people's needs. Currently, contracting agreements are so varied that they need to be investigated. Such investigation is particularly needed by law-courts for handling disputes over pricing in contracting agreements. The paper follows a comparative analytical approach. It seeks to identify the difference between the issues with similarities, and to establish the appropriate ruling for each case. Among the paper's main conclusions are: Shar'iy adaptation to contracting agreements varies in relation to forms; the form could be ijaarah, salam, or istissnaa', and it could be in the category of firms, or a loan incurring interest, especially as specified in little details. The paper makes these recommendations: due attention should be given to research in transactions, especially new contracting forms; and professional colleges, especially architecture and engineering colleges, should introduce related Shari'ah courses into their syllabi.

【 授权许可】

Unknown