Indian Journal of Public Health Research & Development
  • Year: 2018
  • Volume: 9
  • Issue: 11

The restricted autonomy of will: The disregarded values in shariah based contract

1Faculty of Islamic Economics and Finance, Universiti Islam Sultan Sharif Ali, Simpang, 347, Jalan Pasar Baharu, Gadong BE 1310, Negara Brunei Darussalam

2Islamic Business School, Universiti Utara Malaysia, 06010, Sintok, Kedah, Darul Aman, Malaysia

Online published on 7 December, 2018.

Abstract

The disregarded values are the principles in Shariah that are secured by disiciplines while contracting. These values are disregarded due to influx of conventional doctrines in contracting. This has resulted in losing of identity. The principles are diluted into the conventional system till the main objectives of Islamic economics and financial systems are losing out grasp of the intended results. This paper is an attempt to analyse the dynamisme, sanctity and features of shariah contracts rationale. The paper claims that Shariah based contract offers special characteristics and features that never present in the conventional. In addition, this paper claims that there are restricted autonomy of will in Shariah contract. The paper utilises library research. Several cases referred to for evidence purposes. The finding concludes that shariah based contracts are disciplined under the values prescribed in the quran and al-hadith. The autonomy of will is restricted within the ambit of these lines.

Keywords

Restricted autonomy, will, values, riba, maysir, gharar, shariah, contracts