Enforcement of Islamic Contracts: Issues in the Light of Contemporary Legal Frame Work.
ENFORCEMENT OF ISLAMIC CONTRACTS: ISSUES IN THE LIGHT OF CONTEMPORARY LEGAL FRAME WORK.
PREPARED BY
AMIRUDEEN BIN HAMID SULTAN
[LLB (HONS), LPC]
INTRODUCTION
Historically, contracts are the applied practices that have been adopted by the human being from the very beginning of the human history for their physical survival in this natural world. The Islamic contracts basically adopted these pre-islamic concepts of contract. However what Islam innovated was prohibition of Riba, prohibition of Ghara, prohibition of Qimar (Gambling) and Maysir (Game of chance), and prohibition on Haram contract. Thus, it could be said that in Islam every contract is basically lawful so long it does not oppose any explicit text of the Quran and Sunnah.
Allah S.W.T says in the holy Quran at Surah Al- Maidah “O you believe fulfil your obligations”. A Muslims who breaches the contractual obligations does not only breaches a contract but also an express command of Allah S.W.T. There it would expose him not only to civil liability but also to the divine liability.
An individual relationship or transactions (Muamalat) of this world has a direct consequence to Akhira (Life hereafter). Therefore it is incumbent on each and every Muslimss to comply with Islamic law of contracts in order to be successful.
Centre to the Islamic law of contract is Justice. To realize this reality the creator through Al Quran and his messenger Prophet Muhammas (S.A.W) through his Sunnah in certain situation innovated certain concepts and in certain situations reinitiated the importance of certain concepts that have been then applied. For the purpose of convenience of this assignment these concepts going to be categorized as universal principles of Islamic contracts.
UNIVERSAL PRINCIPAL OF ISLAMIC LAW OF CONRTACT 1. Prohibition on Riba
Riba is an Arabic word which literally means increase (al-ziyada), growth (al-numum), to raise, to become lofty. Riba is defined as “an increase that has
PREPARED BY
AMIRUDEEN BIN HAMID SULTAN
[LLB (HONS), LPC]
INTRODUCTION
Historically, contracts are the applied practices that have been adopted by the human being from the very beginning of the human history for their physical survival in this natural world. The Islamic contracts basically adopted these pre-islamic concepts of contract. However what Islam innovated was prohibition of Riba, prohibition of Ghara, prohibition of Qimar (Gambling) and Maysir (Game of chance), and prohibition on Haram contract. Thus, it could be said that in Islam every contract is basically lawful so long it does not oppose any explicit text of the Quran and Sunnah.
Allah S.W.T says in the holy Quran at Surah Al- Maidah “O you believe fulfil your obligations”. A Muslims who breaches the contractual obligations does not only breaches a contract but also an express command of Allah S.W.T. There it would expose him not only to civil liability but also to the divine liability.
An individual relationship or transactions (Muamalat) of this world has a direct consequence to Akhira (Life hereafter). Therefore it is incumbent on each and every Muslimss to comply with Islamic law of contracts in order to be successful.
Centre to the Islamic law of contract is Justice. To realize this reality the creator through Al Quran and his messenger Prophet Muhammas (S.A.W) through his Sunnah in certain situation innovated certain concepts and in certain situations reinitiated the importance of certain concepts that have been then applied. For the purpose of convenience of this assignment these concepts going to be categorized as universal principles of Islamic contracts.
UNIVERSAL PRINCIPAL OF ISLAMIC LAW OF CONRTACT 1. Prohibition on Riba
Riba is an Arabic word which literally means increase (al-ziyada), growth (al-numum), to raise, to become lofty. Riba is defined as “an increase that has