Advanced Search
MyIDEAS: Login to save this paper or follow this series

Freedom of Contract in Islamic Contract Law: An Economic Analysis

Contents:

Author Info

  • Youcef Maouchi

    ()
    (CERGAM-CAE, Aix-Marseille Université)

Registered author(s):

    Abstract

    While economic analysis of law is used to develop a better understanding of the role and the impact of contract law, and more generally “western law,” there is no such analysis for Islamic law, one of the world?s largest legal systems. The doorstep in any discussion of contract law — given that private contracts are enforced — being the degree of freedom left to contracting parties, an analysis of contractual freedom under Islamic law is relevant and necessary. This article addresses this question from an economic point of view. First, an overview of Islamic contract law and its system of nominate contracts is provided. Second, we survey the debate among Islamic jurists about contractual freedom fostered by this system. Finally, an economic analysis is conducted.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://junon.u-3mrs.fr/afa10w21/RePEc/cgm/wpaper/DR_91_1011.Maouchi.pdf
    File Function: First version, 2011
    Download Restriction: no

    Bibliographic Info

    Paper provided by Aix-Marseille Université, CERGAM in its series CAE Working Papers with number 91.

    as in new window
    Length: 14 pages
    Date of creation: 2011
    Date of revision:
    Handle: RePEc:cgm:wpaper:91

    Contact details of provider:
    Postal: Clos Guiot Puyricard - CS 30063, 13089 Aix en Provence Cedex 2
    Phone: 04 42 28 12 08
    Fax: +33 (0)4 42 28 08 00
    Email:
    Web page: http://www.univ-cae.org
    More information through EDIRC

    Related research

    Keywords: Contacts; Law and Economics; Islamic contracts law; Freedom of contract;

    This paper has been announced in the following NEP Reports:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:cgm:wpaper:91. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Mathieu Bédard).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.