A history of the early Islamic law of property : reconstructing the legal development, 7th-9th centuries /
by Hiroyuki Yanagihashi.
- Leiden ; Boston : Brill, 2004.
- vi, 329 pages ; 25 cm.
- Studies in Islamic law and society, v. 20 1384-1130 ; .
- Studies in Islamic law and society ; v. 20. .
Includes bibliographical references (pages 309-317) and index.
Introduction ---- I. Civil Liability. 1. Generality of daman and its attribution --- 2. Indirect cause --- 3. The Iraqi doctrines --- 4. Daman arising from possession --- 4. Conclusion ---- II. Special Types of Sale and the Origin of Direct Agency. 1. Direct agency --- 2. Trust sales (buyu al-amana) --- 3. Salam --- 4. Conclusion ---- III. The Prohibition of Riba. 1. Prohibition of interests on loans --- 2. Riba of excess in 'gold for gold, silver for silver' --- 3. Riba of delay in 'wheat for wheat, dates for dates' --- 4. Riba of excess in 'wheat for wheat, dates for dates' --- 5. Origins of the prohibition of riba ---- Conclusion.
"The present volume is dedicated to an analysis of positive solutions adopted by Muslim jurists active in the first centuries of Islam regarding civil liability, certain kinds of sale and the prohibition of riba. The analysis has two aims. The first is to trace the origins of some hitherto unclarified institutions and transactions within Islamic law with an account of how they developed over this law's formative and classical period. The second aim is to determine why and how the teachings of particular jurists became predominant in Iraq and Medina, and laid the foundation of the Hanafi and Maliki schools of law in each respective region."--Jacket.