The implementation of muamalat contract by disabled person in islamic financial system

The implementation of muamalat contract by disabled person in islamic financial system. Journal of Contemporary Islamic Law, 5 (2). pp. 29-41. ISSN 0127-788X (2020)



Abstract

Recently, the Islamic financial system in Malaysia has been developed successfully. Various Islamic financial products were introduced in respond to the needs of the Muslim community in Malaysia. These products are based on the contracts and the principles of Islamic muamalat such as mudharabah, wakalah, ijarah, kafalah, musyarakah and others. The issue arises on the implementation of contract to the disabled either it is permissible according to Islamic Law or not. Hence, the objective of this article is to analyse the suitability of the principles of muamalat contracts for the disabled. Since the disabled are divided into several categories, this study will focus on the blind. Accordingly, this qualitative study has adopted document analysis and observation methods; the results of this study have found that in general, the principles of muamalat contracts in the Islamic financial system are suitable for the blind in Malaysia if it complies with the stipulations that are set by the Islamic law. The findings of this study serve as a guideline and reference to the academicians and students in the field of Islamic finance, non-governmental organizations, and government agencies that are responsible for dealing with disability issues. It is recommended that future research can focus on the other categories of disabled such as the deaf, mute, and other physical disability in understanding the issues and realities of Islamic finance in depth.

Item Type: Article
Keywords: Muamalat contract, Disabled person, Islamic finance, Islamic legal system, Economic theory of contract
Taxonomy: By Subject > Law > Law and Economics
By Subject > Law > Malaysian Islamic Legal System
Local Content Hub: Subjects > Law
Depositing User: Eza Eliana Abdul Wahid
Date Deposited: 15 Sep 2021 07:45
Last Modified: 15 Sep 2021 07:45
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