ACLS Humanities E-Book: Partnership and profit in medieval Islam

Partnership and profit in medieval Islam

Udovitch, Abraham L.

Year: 1970.

Publisher: Princeton University Press.

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table of contents

Frontmatter

Preface

I. INTRODUCTION

Commercial Law and Economic History

Islamic Law and Practice

Sources

Hanafi

Maliki

Shafi'i

II. PROPRIETARY PARTNERSHIP (Sharikat al-milk)

Properietary Partnership in the Formative Period

Hanafi

Maliki

Proprietary Partnership-Its Rules and Applications

Shafi'i Partnership

III. THE HANAFI MUFAWADA PARTNERSHIP

Derivation of the Term Mufawada

Equality in the Mufawada Partnership

Equality of Persons

Equality of Investment, Profit, and Loss

Investment Form and Formation of Joint Capital

Copper Coins--Fulus

Gold and Silver Coins--Dinars and Dirhams

Goods ('Urud) as Partnership Investment

Labor as Parnership Investment

Exclusion of Unskilled and Non-Sedentary Labor

Credit Partnership

The Contract

Effectiveness of the Contract

Conduct of the Mufawada

Ibda in the Mufawada Partnership

Deposits and Pledges in the Mufawada

Loan in the Mufawada

Purchase, Sale, and Debts of the Mufawada Partners

Expenses of the Mufawada Partners

Investments with Third Parties

Slaves in the Mufawada

Limits of Mutual Surety

Dissolution of the Partnership

IV. HANAFI LIMITED INVESTMENT PARTNERSHIP ('Inan)

Derivation of the Term 'Inan

Specified and General Inan Partnerships

Formation of the 'Inan Partnership

Personal Status

Form of Investment

Formation of the 'Inan by Default

Distribution of Profit and Loss in an 'Inan Contract

The Contract

Conduct of the 'Inan

Purchase and Sale

Expenses

Travel Expenses

Transactions of the 'Inan Partner

Dissolution of the 'Inan

V. MALIKI PARTNERSHIP

Sources

Terminology and Classification

Maliki Mufawada

Maliki 'Inan Partnership

Proportional Principle (Takafu')

Formation of the Mufawada Partnership

Personal Status

Investment

Conduct of the Partnership

Deposit

Loans for Use ('Ariyya)

Commenda

Partnership with Third Parties

Expenses

Purchase, Sale, and Debts

Slaves

Exclusions from Mutual Liability

End of the Partnership

VI. THE COMMENDA (Mudaraba, Qirad, Muqarada)

Origins and Early History

Uniformity of Legal Treatment

Investment Form

Coins of Various Types

Inadmissibility of Goods as Investment

Non-Commercial and Industrial Commenda

Ready Cash, Debts, and Deposits

Alienation of Money on Part of Investor

Provisions for Profit-Sharing

Contract

Conduct of the Commenda

Commenda with Limited and Unlimited Mandate

Specific Restrictions

Purchase and Sale

Murabaha

Investor and Agent During Operation of the Commenda

Two Agents

Interdenominational Commenda

Expenses

Extra-Commercial Expenses

Local and Short-Distance Commenda Expenses

Problematic Expenses

Commercial Accounting

Distribution of Liability

Istidana

Invalid Commenda

Division of Profit

Conclusion of the Commenda

VII. ISLAMIC LAW: THEORY AND PRACTICE

BIBLIOGRAPHY

GLOSSARY

INDEX

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catalog record

Title:

Partnership and profit in medieval Islam : Abraham L. Udovitch.

Author:

Udovitch, Abraham L

Extent:

600dpi TIFF G4 page images

E-Distribution Information:

University of Michigan Library, Scholarly Publishing Office
Ann Arbor, Michigan
2008
Permission must be received for any subsequent distribution in print or electronically. Please contact info@hebook.org for more information.

Source Version:

Partnership and profit in medieval Islam : Abraham L. Udovitch.
Udovitch, Abraham L
Princeton, N.J.: Princeton University Press, 1970.

URL:

http://hdl.handle.net/2027/heb.00944

Subject Headings:

• Partnership (Islamic law)

Note:

• Electronic access restricted; authentication may be required

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