
Contents
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I. Introduction I. Introduction
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II. Introduction to the Material Sources of Islamic Law and Sources for the Chapter II. Introduction to the Material Sources of Islamic Law and Sources for the Chapter
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III. The Quranic Basis of Fiduciary Principles in Islamic Law III. The Quranic Basis of Fiduciary Principles in Islamic Law
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IV. Fiduciary Principles during the Foundational Period of Islamic Law (750–850 ce) IV. Fiduciary Principles during the Foundational Period of Islamic Law (750–850 ce)
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A. Fiduciary Relationships Involving Natural Persons That Arise as a Matter of Law A. Fiduciary Relationships Involving Natural Persons That Arise as a Matter of Law
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B. Fiduciary Relationships Arising out of Contractual Acts B. Fiduciary Relationships Arising out of Contractual Acts
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C. Fiduciary Principles and Public Law C. Fiduciary Principles and Public Law
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V. Fiduciary Principles in Classical Islamic Law after the Institutionalization of the Legal Schools V. Fiduciary Principles in Classical Islamic Law after the Institutionalization of the Legal Schools
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VI. Conclusion VI. Conclusion
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28 Fiduciary Principles in Classical Islamic Law Systems
Get accessMohammad Fadel is Professor and Canada Research Chair for the Law and Economics of Islamic Law (2006–2015) at the University of Toronto Faculty of Law.
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Published:09 May 2019
Cite
Abstract
This chapter provides an overview of Islamic fiduciary law, from its origins in Quranic legislation regulating the paradigmatic case of the orphan, to its expansion in the foundational period of Islamic law at the hands of the earliest Muslim jurists to contractual relationships of agency and partnerships, the creation of trust property, and the actions of public officials. It concludes with a description of how fiduciary duties came to be understood as a more formal relationship that exists whenever one person exercises effective control over another and therefore is bound to use that power for the benefit of the person or persons under his authority across a wide variety of domains. The chapter provides a survey of both the duties of fiduciaries in Islamic law, and the remedies available to beneficiaries when fiduciaries violated breached those duties.
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