TRADABLE AND NON-TRADABLE RIGHT FROM ISLAMIC LAW OF CONTRACTS PERSPECTIVE

Islam advocates the protection of all types of Rights. However, each and every type of Right is not directly regulated by Shari’ah (Islamic Law) while the principles of Shari’ah can be construed to provide support for such regulation and protection. To the best of our knowledge, there is no such pap...

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Autor principal:	Muhammad Ziaurrahman
Formato:	article
Lenguaje:	AR EN
Publicado:	Bait Al-Mashura Consultations 2019
Materias:	islamic law of contracts Banking HG1501-3550 Islamic law KBP1-4860
Acceso en línea:	https://doaj.org/article/08ee3a521df74fe29f3c9f16ef91dac3
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spelling	oai:doaj.org-article:08ee3a521df74fe29f3c9f16ef91dac32021-12-02T13:02:38ZTRADABLE AND NON-TRADABLE RIGHT FROM ISLAMIC LAW OF CONTRACTS PERSPECTIVE10.33001/M0110201911632410-68362409-0867https://doaj.org/article/08ee3a521df74fe29f3c9f16ef91dac32019-10-01T00:00:00Zhttps://www.mashurajournal.com/wp-content/uploads/2019/09/6.pdfhttps://doaj.org/toc/2410-6836https://doaj.org/toc/2409-0867Islam advocates the protection of all types of Rights. However, each and every type of Right is not directly regulated by Shari’ah (Islamic Law) while the principles of Shari’ah can be construed to provide support for such regulation and protection. To the best of our knowledge, there is no such paper which efficiently talks about the tradable and non-tradable Rights from Islamic Law of Contracts Perspective as such that it provides a framework to evaluate different types of Rights for their permissibility of being subject matter of contract. This paper attempts to address this issue by using library research method (Qualitative Assessment) whereby, data is collected from books, articles, etc. Inductive and deductive methods are used for formulation of arguments and for providing justifications. The findings of this study suggest that not every Right shall be considered subject matter of contract. Furthermore, there are Rights that are specifically granted to the holder and they are not transferable, Rights that are allowed to be sold for a price, Rights that are not allowed to be sold but can be subject of sulh (compromise) / tanazul (waiver), and Rights that are allowed and sometimes not allowed to be inherited. Keywords: Rights in Islam, Sale of Rights, Intellectual property RightsMuhammad ZiaurrahmanBait Al-Mashura Consultationsarticleislamic law of contractsBankingHG1501-3550Islamic lawKBP1-4860ARENمجلة بيت المشورة, Iss 11, Pp 15-55 (2019)
institution	DOAJ
collection	DOAJ
language	AR EN
topic	islamic law of contracts Banking HG1501-3550 Islamic law KBP1-4860
spellingShingle	islamic law of contracts Banking HG1501-3550 Islamic law KBP1-4860 Muhammad Ziaurrahman TRADABLE AND NON-TRADABLE RIGHT FROM ISLAMIC LAW OF CONTRACTS PERSPECTIVE
description	Islam advocates the protection of all types of Rights. However, each and every type of Right is not directly regulated by Shari’ah (Islamic Law) while the principles of Shari’ah can be construed to provide support for such regulation and protection. To the best of our knowledge, there is no such paper which efficiently talks about the tradable and non-tradable Rights from Islamic Law of Contracts Perspective as such that it provides a framework to evaluate different types of Rights for their permissibility of being subject matter of contract. This paper attempts to address this issue by using library research method (Qualitative Assessment) whereby, data is collected from books, articles, etc. Inductive and deductive methods are used for formulation of arguments and for providing justifications. The findings of this study suggest that not every Right shall be considered subject matter of contract. Furthermore, there are Rights that are specifically granted to the holder and they are not transferable, Rights that are allowed to be sold for a price, Rights that are not allowed to be sold but can be subject of sulh (compromise) / tanazul (waiver), and Rights that are allowed and sometimes not allowed to be inherited. Keywords: Rights in Islam, Sale of Rights, Intellectual property Rights
format	article
author	Muhammad Ziaurrahman
author_facet	Muhammad Ziaurrahman
author_sort	Muhammad Ziaurrahman
title	TRADABLE AND NON-TRADABLE RIGHT FROM ISLAMIC LAW OF CONTRACTS PERSPECTIVE
title_short	TRADABLE AND NON-TRADABLE RIGHT FROM ISLAMIC LAW OF CONTRACTS PERSPECTIVE
title_full	TRADABLE AND NON-TRADABLE RIGHT FROM ISLAMIC LAW OF CONTRACTS PERSPECTIVE
title_fullStr	TRADABLE AND NON-TRADABLE RIGHT FROM ISLAMIC LAW OF CONTRACTS PERSPECTIVE
title_full_unstemmed	TRADABLE AND NON-TRADABLE RIGHT FROM ISLAMIC LAW OF CONTRACTS PERSPECTIVE
title_sort	tradable and non-tradable right from islamic law of contracts perspective
publisher	Bait Al-Mashura Consultations
publishDate	2019
url	https://doaj.org/article/08ee3a521df74fe29f3c9f16ef91dac3
work_keys_str_mv	AT muhammadziaurrahman tradableandnontradablerightfromislamiclawofcontractsperspective
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TRADABLE AND NON-TRADABLE RIGHT FROM ISLAMIC LAW OF CONTRACTS PERSPECTIVE

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