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Analysis of Promise in Islamic Law Definition and The Opinions of Muslim Jurists with Regard to Binding Nature of Promise

Posted by admin
January 23rd, 2015

By  Dr Mohammad Nawaz {al Hassani}

ABSTRACT

The Article explained the meaning of promise {al Wad} and discussed about the Opinions of Muslim scholars with regard to the binding nature of promise in Islamic law and analyzed their evidences on their view points and provided the preference in this regard.

The article described the opinion of Muslim jurists with regard to validity of contract concluded on the bases of promise and analyzed their arguments in detail and provided the preference in this regard.

This article analyzed the opinion of contemporary scholars who hold that promise is binding and enforceable by court and the contract which based on such promise is also valid and the article rejected their opinion with strong evidences and mentioned that the opinion of contemporary scholars does not have any conformity with the opinion of classical jurists neither Hanfi, Shafei and Hanbi Jurist nor Malki jurists and proved that the opinion of contemporary jurists is combined from the clashes.

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