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Transaction in Islamic Law

In: Religion Topics

Submitted By ainuljamili
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TRANSACTIONS IN ISLAMIC LAW I
TUTORIAL QUESTIONS 2
Mahal al-‘Aqd – Subject Matter of Contract:
1. (i) A Proton Waja car belonging to Saiful was stolen in April 2004 from a parking lot in Kuala Lumpur.
Saiful lodged a report with the police promptly, but was not successful in recovering the vehicle. In June
2004, he gifted the car the whereabouts of which was still unknown to his friend Azhar. The car was found intact in July 2004. Upon being demanded by Azhar to handover the car, Saiful refused to deliver the car arguing that the previous contract of gift was not valid. Discuss. (7 marks) Sem I, 2004/2005
2. (i) Islamic law prescribes that the subject matter of a contract should fulfil certain conditions. State these conditions, and out of these, describe the two conditions that the subject matter should be identified with certainty and be capable of being readily delivered. (7 marks) Sem II, 2004/2005
3. Decide the validity of these contracts with the reasons for their validity or otherwise.
(i) Iman sold a personal computer to Abu, but she was unsure about its specifications. (3 marks)
(ii) Bank A sold a house to Aminah with two options of payment: RM20,000 if the payment is to be made in two years, or RM30,000 if the payment is to be made in 3 years, and it was accepted by Aminah. (3 marks)
(iii) Abu paid a diver for 10 kg of fish that he will catch from Pedu lake. (3 marks)
(iv) Omar pays a diver for whatever he may catch for him from Pedu lake on next Friday. (3 marks)
(v) Ali sold a car to Awang while they were in a building by pointing out to the parking area where the car is parked. (3 marks) Sem II, 2006/2007
4. b) Zain, the owner of a large dairy farm in Pahang, noted a steady increase in the demand for fresh cow’s milk in Kuala Lumpur. He decided to expand his herd for increasing the production of milk, and purchased ten cows imported…...

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