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Shariah appraisal of the concepts of Daman,taqsir,and tasaddi in trust-based contracts (uqud al-amanat)
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نویسنده
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naim a.m. ,md. hussein m.n. ,habibi long m.n. ,bakar m.a.
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منبع
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journal of king abdulaziz university : islamic economics - 2016 - دوره : 29 - شماره : 1 - صفحه:3 -20
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چکیده
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The study aims to examine the concepts of daman (guarantee),taqsir (negligence) and taaddi (transgression) from shariah point of view and their relations with both trust-based contracts (uqud al-amanat) and guarantee-based contracts (duqud al-damanat). 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 (daqd al-damanah) as it was under the rubric of daman al-itlaf (indemnity for damage) or daman al-yad (liability arising from possession on trust).
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کلیدواژه
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Daman; Guarantee-based contract; Taaddi; Taqsir; Trust-based contract
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آدرس
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islamic business school (ibs),college of business,university utara malaysia (uum),malaysia,central bank of malaysia (bnm),securities commission of malaysia, Malaysia, islamic finance department,islamic business school (ibs),uum college of business,university utara malaysia (uum),malaysia,ministry of higher education committee of malaysia for islamic finance,takaful and muamalat administration curriculum, Malaysia, islamic business school (ibs),college of business,university utara malaysia (uum),malaysia,al-azhar university,cairo,egypt,fiqh and usul fiqh from international islamic university malaysia,(uia), Malaysia, department of muamalat and islamic finance,islamic business school (ibs),college of business,university utara malaysia (uum),malaysia,university malaya,malaysia,university utara malaysia, Malaysia
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Authors
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