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Modernization of Islamic Law of Contract

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Comparative legal science serves as an important tool for revitalization of Islamic law of contract in the globalized world. The blending of continental civil law rules with Islamic law principles, indigenous customs and commercial practice best conform to local culture and society. The literature of reformulation of contract law (mu'amalat) by comparative method within the schools of Islamic legal system and the western legal system has not been sufficiently studied. The underlying problem of this study is how to make the precepts of Islamic law in the realm of contract workable and, together with Western jurisprudence become part of the modern legislation within the contemporary economic exigencies. This study, which is confined to 'Abd al-Razzaq al-Sanhuri's Maşādir al-Haqq fi al-Fiqh al-Islāmi, attempts to answer the following question: First, what is the method of legal distillation applied in the Maşādir al-Haqq? Second, to what extent the influence of Sanhuri's method of contract law in his jurisprudence (fiqh) with the New Egyptian Civil Code (al-Qanun al-Madani al-Mişri al-Jadid)? Third, to what extent Sanhuri's synthesis contributed to modern jurisprudence and legislation particularly in the Middle East? Different to the prevailing views of Islamic law scholars who maintain that Islamic law has been fossilized, stagnant and not being able to be applied, Mhd. Syahnan makes all due effort to show that the remolding of Islamic law has gone even beyond the boundaries of scientific level.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

U 297.272 Sya m

Penerbit

Jakarta : Badan Litbang dan Diklat Departemen Agama RI., 2009

Deskripsi Fisik

xvii, 244 hlm, 20,5X14,8 cm

Bahasa

Indonesia

ISBN/ISSN

978-979-797-264-6

Klasifikasi

U 297.272 Sya m

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

Islam dan Ilmu Politik

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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