Sharīʿah appraisal of the concepts of damān, taqṣīr,and taʿaddī in trust-based contracts (ʿuqūd al-amānāt)
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...
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| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
| Published: |
King Abdulaziz University
2016
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| Subjects: | |
| Online Access: | http://repo.uum.edu.my/17854/1/JKAU%20%20291%203-20%20%C2%B7.pdf http://repo.uum.edu.my/17854/ http://iei.kau.edu.sa/Pages-VOL-29-01.aspx |
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| Summary: | 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). |
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