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A Holistic View of Legal Documentation from Shari'ah Perspective

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  • Eddy Yusof, Ezry Fahmy

Abstract

The legal documentation having several features tends to make legal writing formal. This formality can take the form of long sentences, complex constructions, archaic and hyper-formal vocabulary, and a focus on content to the exclusion of reader needs. Some of this formality in legal writing is necessary and desirable, given the importance of some legal documents and the seriousness of the circumstances in which some legal documents are used. Yet not all formality in legal writing is justified in the Shariah point of view. It may sometimes to the extent that formality hinders reader comprehension, and do not reflect clear communication. This paper will explore some clauses of the legal documentation and analyze it check and balance from the Shariah perspective. In the second part of this paper, we will investigate some of controversial clauses that are deemed as prohibition elements. This paper conclude by proposing some suggestion in Islamizing the currently practice legal documentation in order to incorporate with the Shariah requirement.

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Bibliographic Info

Paper provided by University Library of Munich, Germany in its series MPRA Paper with number 20721.

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Date of creation: Nov 2009
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Handle: RePEc:pra:mprapa:20721

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Keywords: Legal documentation; rights and liabilities; Shariah requirement; prohibitions in legal documentation.;

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