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(1,462 words)

Author(s): Spies, Otto
(also Wikāla), mandate, authorisation, is a contract ( ʿaḳd) by which one contracting party, the muwakkil, commissions the other, the mandatary ( wakīl), to perform some service for him. I. In the Ḳurʾān we find forms derived from wakala in the meaning of “to rely upon, to trust in Allāh” (fifth form) or associated with the idea that Allāh, is the wakīl, one of the 99 names of Allāh, which according to the commentators ¶ has the meaning of ḥafīẓ (Sūra xii. 66; ix. 52; lxxiii. 9; xxviii. 28). The word is therefore not found as a technical term. Nevertheless at the basis of …


(1,499 words)

Author(s): Spies, Otto
(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…


(506 words)

Author(s): Spies, Otto
(a.), barter, exchange. 1. Muʿāwaḍa, barter, is historically an early form of the exchange of commodities between two parties and the predecessor of buying and selling ( baiʿ; Roman law: emptio-venditio). In course of time sale developed out of exchange when, with the coming of money, a sum was given in place of the goods which the other party had to give in return. In Muslim law we find the following four kinds of sale: a. Exchange of one thing for another. This is the primitive method of exchange ( muʿāwaḍa). Exchange is a transaction in kind. Payment takes place “hand upon hand” ( yad an bi-yad in…