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Sharīʿah appraisal of the concepts of damān, taqṣīr,and taʿaddī in trust-based contracts (ʿuqūd al-amānāt)


Mohamed Naim, Asmadi and Md Hussain, Muhammad Nasri and Long, Muhamad Noor Habibi and Abu Bakar, Mahyuddin (2016) Sharīʿah appraisal of the concepts of damān, taqṣīr,and taʿaddī in trust-based contracts (ʿuqūd al-amānāt). Journal of King Abdulaziz University: Islamic Economics, 29 (1). pp. 3-20. ISSN 7383-1018

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Abstract

The study aims to examine the concepts of ḍamān (guarantee), taqṣīr (negligence) and taʿaddī (transgression) from Sharīʿah point of view and their relations with both trust-based contracts (ʿuqūd al-amānāt) and guarantee-based contracts (ʿuqūd al-ḍamānāt).The study conducted the qualitative research approaches which consist of documents analysis, interviews and observations in few phases. The study found that the fiduciary possessor should be held liable in a few cases; however it does not mean that it transformed the contract into a guarantee-based contract (ʿaqd al-ḍamānah) as it was under the rubric of ḍamān al-itlāf (indemnity for damage) or ḍamān al-yad (liability arising from possession on trust).

Item Type: Article
Uncontrolled Keywords: Trust-based contract, Guarantee-based contract, Taqṣīr, Taʿaddī, Ḍamān.
Subjects: H Social Sciences > HG Finance
Divisions: Islamic Business School
Depositing User: Prof. Madya Dr. Asmadi Mohamed Naim
Date Deposited: 14 Apr 2016 03:54
Last Modified: 06 Dec 2016 08:11
URI: http://repo.uum.edu.my/id/eprint/17854

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