Encyclopaedia of Islam, First Edition (1913-1936)

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(1,499 words)

(a.), deposit, custody, is a contract (ʿaḳd) by which the depositor(mūdiʿ, mustawdiʿ) hands over to the depositary (mūda ʿ mustawdaʿ) a thing to be kept and returned intact at a later date. Wadīʿa means not only the thing to be kept but also the agreement regarding the transaction. The custody is therefore based on a special agreement and is therefore dealt with in legal works as a branch of the law of contract, while in the case of amāna “entrusted goods” there is no agreement but only a general obligation to keep faith, without a binding agreement; under amāna therefore come such things as…

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Spies, Otto, “Wadīʿa”, in: Encyclopaedia of Islam, First Edition (1913-1936), Edited by M. Th. Houtsma, T.W. Arnold, R. Basset, R. Hartmann. Consulted online on 06 July 2020 <http://dx.doi.org/10.1163/2214-871X_ei1_SIM_5930>
First published online: 2012
First print edition: ISBN: 9789004082656, 1913-1936

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