Ensuring Fairness and Transparency in Transactions

Islamic Property Law and Contracts

  • Nemah Alsayed Marmara University
  • Saim Kayadibi Marmara University
Keywords: Islamic Contracts; Property law; Justice; Transparency; Qualitative Content Analysis

Abstract

This paper delves into the core principles of Islamic contracts and property law, shedding light on their pivotal role in upholding justice and transparency in business transactions. The central inquiry addresses whether the Islamic property law of contract fully aligns with constitutional values, fostering fairness in contractual relations. The research holds significance as it advances our understanding of Islamic contracts and property law, offering valuable insights for decision-makers, legal professionals, and those engaged in property transactions under Islamic law. By assessing the standards that ensure justice and transparency, this study aims to contribute to more ethical practices and equitable outcomes in property dealings, thereby supporting a just and transparent economic system. Employing a qualitative content analysis approach, the paper scrutinizes Islamic legal sources and scholarly opinions to unravel the main principles and regulations governing property transfers. Utilizing QDA Miner Lite software for analysis, the qualitative content analysis provides a systematic exploration of textual sources, enabling a comprehensive understanding of the mechanisms that underpin fairness and transparency in transactions. Ultimately, the paper seeks to enrich existing knowledge on Islamic property law and contracts while proposing recommendations for reinforcing fairness and transparency in property transactions within the Islamic legal framework.

Published
2025-01-20
How to Cite
Alsayed, N., & Kayadibi, S. (2025). Ensuring Fairness and Transparency in Transactions: Islamic Property Law and Contracts. Journal of the Contemporary Study of Islam, 5(1), 33-86. https://doi.org/10.37264/jcsi.v5i1.02
Section
Articles