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{
    "pk": 59962,
    "title": "Invalid and Defective Contracts in Islamic Legal Theory: The Rise of a Transnational Islamic Law",
    "subtitle": null,
    "abstract": "There are three types of contracts under Islamic law: \nṣaḥīḥ\n, \nfāsid\n and \nbāṭil\n.  Contracts whose essence and attributes are lawful and which have no defects in their elements (\naṣl\n) or characteristics (\nwaṣf\n) are termed \nṣaḥīḥ\n (valid). It should be stated that in respect of \nfāsid\n contracts only the \nwaṣf\n may be defective, whereas in respect of \nbāṭil\n contracts the \naṣl\n of the contract may also be defective. \nFāsid\n is a type of contract permitted by its intrinsic characteristics but not its features. Its irregularity negates its validity, which if cured would make this type of contract valid. The concept of \nbāṭil\n relates to a contract whose elements and characteristics are devoid of legality. This difference between \nfāsid\n and \nbāṭil\n results in a difference of effects. Each of these contracts are divided into different types. Sometimes, the conditions incorporated in a contract also determine the nature of the contract as either valid, irregular, or void. This article discusses these contracts, as well as the requirements pertaining thereto, as well as the types of terms which are included in a contract and their effect on the validity of the contract.",
    "language": "en",
    "license": {
        "name": "",
        "short_name": "",
        "text": null,
        "url": ""
    },
    "keywords": [],
    "section": "Articles",
    "is_remote": true,
    "remote_url": "https://escholarship.org/uc/item/6md203jt",
    "frozenauthors": [
        {
            "first_name": "Ilias",
            "middle_name": "",
            "last_name": "Bantekas",
            "name_suffix": "",
            "institution": "",
            "department": ""
        }
    ],
    "date_submitted": "2024-10-29T05:17:40Z",
    "date_accepted": "2024-10-29T05:17:40Z",
    "date_published": "2024-01-01T00:00:00Z",
    "render_galley": null,
    "galleys": [
        {
            "label": "",
            "type": "pdf",
            "path": "https://journalpub.escholarship.org/uclalaw_jinel/article/59962/galley/45905/download/"
        }
    ]
}