Religion and contract law in Islam : from medieval trade to global finance /: from medieval trade to global finance. (2023)

• Record Type: Book
• Further Information: Note: Valentino Cattelan.
• Authors: Cattelan, Valentino
• Contents: List of figures and diagrams Preface Acknowledgements Introduction. Ways of seeing an Arab Girl From archetypes to corpora iuris Representations, meaning, and signifying practices: the riddle of the Sphinx Imaginative geographies of Orientalism: The Almeh and the city of the ‘aqd Looking at normative worlds, listening to the language of Islam Expelling the merchants from the Temple: methodology and the contents of this book One Ring, some daemons, and Jesus Christ: the non-identity (1M) of law and religion The problem at the heart of this book Some conceptual help from three companions How to compare? Non-identity, dialectic, and transformative praxis (Bhaskar) What is Islam? Unity as plurality in the Muslim world (Ahmed) How to deal with law-religion in Islam? Visual vs. acoustic space (McLuhan) Carrying the One Ring in the practice of trade: revelation, tradition, and reality The Revealed Word in translation: the space of law and religion in Islam Babel, languages, and the sacred Law of Islam Profanations: religious vs. secular in the Temple of Western modernity An absence of religion? Translating the non-identity of dīn as Islamic bíos The revelation of Islam: the Wor(l)d and its understanding Translating Šarī‘ah in human life: the normative science of fiqh The dictum of the revelation as pre -scribed Law and the uṣūl al-fiqh Furū ‘ al-fiqh as de -scribed law in a iurisdictio of verdicts From the rule (ḥukm ) to the right (ḥaqq ): an instance of action in the wor(l)d Echoing the revelation in an acoustic space: a sacred law without corpus The bridge of Babel: from the negation of fiqh (2E) to the comparison of the ‘aqd Comparing legal traditions: contract law and Muslim fiqh The ‘aqd as a craft of place in the space of Islam A map of the city? The Two Towers and the plural itineraries of the madhāhib ‘Aqd and Islamic dīn The rule (ḥukm al-‘aqd ), its subject, and its object: from legal capacity (ahliyya ) and personality (dhimma ) to the duty (wujūb ) of the mukallaf Religious qualifications (al-aḥkām al-khamsa ) and the legal validity of the šar ‘ī act, its constitutive (arkān ) and conditional (šurūṭ ) elements At the borders of the city: the act of disposal (taṣarruf ) in relation to contractual rights (ḥuqūq al-‘aqd ) The role of human will and rationality in the psychological formation of the ‘aqd Autonomie de la volonté and the ‘reason’ underlying the contract: ‘illa and sabab in comparison with the civilian cause and the consideration of common law Freedom of contract, nominate contracts, and attached stipulations Psychological components of the ‘aqd : will (irāda ), intention (niyya ), animus contrahendi (qaṣd ), choice (khiyār ), and individual consent (riḍā ) Šāfi‘īs and Ḥanafīs: objectivism Mālikīs and Ḥanbalīs: subjectivism The vices of consent (duress, ikrāh ; fraud, tadlīs ; mistake, ghalaṭ ), misrepresentation, and the doctrine of al-khiyārāt The construction of the ‘aqd as consensual transfer of properties Expression (ṣīgah ), verbalism, and the unity of negotiations (majlis al-‘aqd ) Offer (ījāb ) and acceptance (qabūl ) in the tarāḍī : what is the nature of the agreement in Muslim fiqh ? The subject matter (maḥall ) of the contract (al-ma‘qūd ‘alayhi ): exchanging properties (amwāl ), either ‘ayn or dayn, in relation to the dhimma The equilibrium of the contract and the doctrines of ribā, maysir, and gharar A unity of diversities: fiqh pluralism and the totality (3L) of the ‘aqd as the performance of God’s will Realities of the Muslim world: changing contexts over time Continuity, change, and transformational praxis (4D): fiqh and textual polities Verbal Trade Pre-Islamic customs, formalism, and the origins of the ‘aqd Verbalism and documentary evidence in Muslim medieval trade Legal devices (ḥiyal ): contractual theories-into-practices Codified Norm The invention of a corpus for Islamic law and the ‘aqd : Western transplants and the codification process in Muslim countries Embodying the West: Sanhūrī’s reformulation of sabab and ghalaṭ in the Egyptian Civil Code Typewritten Market Global capitalism and the invention of Islamic finance: a new life for the ‘aqd between authenticity and contamination The textual polity of Shari‘ah-compliance From fiqh legal texts to financial technology Human agency and the urban designs of the ‘aqd Conclusions. Ways of saying the ‘aqd Islam, the body of law and the living text of Šarī‘ah The One Ring of law-religion and the return to the Arab Girl (and ourselves) <I&gt
• Edition: 1st
• Publisher Details: London : Routledge
• Publication Date: 2023
• Extent: 1 online resource (248 pages), illustrations (black and white)
• Subjects: 346.022; Contracts (Islamic law); Contracts (Islamic law) -- History; Finance (Islamic law); International finance; Islamic law; Religion and law
• Languages: English
• ISBNs: 9781351381697; 9781351381703
• Related ISBNs: 9781138504042
• Notes: Note: Includes bibliographical references and index.; Note: Description based on CIP data; resource not viewed.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.