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Monopoly and its effects in Islamic jurisprudence

SKU: 0005001972

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The book Monopoly and its Effects in Islamic Jurisprudence is considered one of the useful works for those interested in Islamic jurisprudence, because it gathered the disparate parts of this topic from different books of jurisprudence, and showed what is likely, while comparing it with what is followed in current laws and economic systems in some of the issues that he addressed within the scope of Islamic jurisprudence, and the author's preferences are valid, and his personality is prominent in these preferences.

Description

Book description:

  • Author's name: A. Dr. Kahtan Abdulrahman Al-Douri

  • Number of pages: 368 pages 

  • The subject of the book: The book discusses the effects of monopoly in Islamic law with its definition

The contents of the book:

  1. Introduction to the fourth edition

  2. Introduction to the third edition

  3. Introduction to the first edition

  4. Research approach

  5. Book calendar

  6. Chapter I: Monopoly

  • First research: Monopoly in language and terminology 

  • Monopoly in language

  • Definitions by jurists and economists

  • Conclusion

  • Chosen definition

  • Research II: Monopolist

  • Scholars' statements on what constitutes a monopoly

    • in everything, food or otherwise

    • In the sustenance of humans and animals only

    • In human sustenance only

    • in certain types

    • Chosen saying

  • Research III: Monopoly conditions

  • The condition for monopoly is harming and restricting people

  • Jurists' interpretations of this condition and their differences

    • Buyer and saver of food in times of cheapness

    • Food confinement in a large country with lots of facilities and fetching

    • Hapes imported from another country

    • withholding the yield of his estate

    • Monopolization of labor

    • Holding what is more than enough for himself and his dependents, and their difference in the duration of the holding period

    • Buying sustenance from the market to trade

    • Bringing the product to market

    • Duration of the monopoly

    • Chosen Opinion on Duration

    • Conclusion

    • State monopolization of certain public means

  • Fourth article: Ruling on monopoly

  • First requirement: In terms of the validity of the contract

  • The second requirement: In terms of prohibition and dislike, with a statement of the prevailing view

    • Monopoly in the modern capitalist economy

  • Fifth research: A comparison between Islamic jurisprudence's view of monopoly and that of modern economic systems: Capitalism and socialism

  1. Chapter II: Monopoly effects

  • Research I: The Ruler's Actions on Monopolists in Islamic Jurisprudence

  • First requirement: Preventive measures to prevent receiving passengers and selling the present to the wanderer 

    • Passenger turnover: Definition and nomenclature

      • His rule of prohibition and dislike

      • His judgment in terms of validity and invalidity, with an explanation of the most likely outcome

      • Wisdom of the prohibition on receiving

        • Considering the interest of the people of the country

        • Considering the interest of the mover

        • branching

        • Considering both the benefit of the vendor and the benefit of the market people and Ibn Hazm's opinion on it

        • Conclusion

      • Terms of receipt

        • The opinion of Al-Shawkani and Al-San'ani

      • Determine the receipt

        • Outside the country

        • Out of the market but in the country

        • The best of both worlds

      • Specify the distance of the prohibited reception in miles or other

        • Chosen from the literature

    • Selling to a stranger

      • The Meaning of Present and Future

      • Ruling on the prohibition, prohibition and non-objection of selling

        • Chosen saying

      • His ruling on validity and invalidity

        • The most popular saying

      • Images of selling the present to the past

        • Selling to the people of the desert but not to the people of the country

        • The present being a broker for the future

          • The broker and its impact on the market

      • Wisdom of the prohibition against selling to a stranger

      • Terms of sale of the present to the past

        • The prohibition is subject to certain conditions, and if they are not met, the sale is allowed

        • Absolutely forbidden without condition

        • Conclusion

      • Buying a Bedouin from an urbanite and the opinions of jurists

        • Inadmissibility

        • Passport

        • Chosen saying

      • Consulting the present, and the opinions of the jurists in guiding them

        • Obligation

        • Non-obligatory

        • Chosen saying

      • The reference of the present to the Badi without the Badi's request, what the jurists say about it

        • Permissible, Unacceptable

      • Chosen saying

  • Second requirement: Therapeutic measures

    • Forcing the monopolist to sell

    • Ruler Control of Monopoly Money

    • Punishment of a monopolist

    • Discipline the monopolist 

      • Disciplining a monopolist, even by burning his monopoly assets

      • Disciplining those who receive passengers and those who sell to others

        • Disciplining the receiver

        • Frequent recipients

        • Receiving gain

        • Disciplining the present who sells to the past

    • Pricing 

      • Pricing in language and terminology

      • It is legally forbidden

      • The position of contemporary economists on pricing and the position of capitalism and socialism

      • The right of the ruler to price, and the difference in jurists' views on giving the ruler the right to intervene with pricing when needed

        • Pricing characteristic

        • Maliki's distinction between bringers and marketeers 

        • Some pricing is unjust and prohibited, while others are fair and obligatory

        • Choosing the right approach to pricing

      • Why didn't tasirah occur during the time of the Prophet (peace be upon him)?

      • Is pricing binding? And the rule of selling more than it is

      • The Imam threatens those who violate pricing and the Imam threatens those who violate pricing

      • Lowering or raising the price

      • Scholars' opinions on whether the people of the market should set a limit beyond which they should not exceed while people are doing the duty of prohibition.

      • The things that are priced, the opinions of the jurists, and the most favorable ones

    • Governor's competition for monopolies

  • Section II: Ruler's actions on monopolists in the law and the attitude of legal scholars toward monopolies

  • Characteristics of contracts of adhesion

  • The nature of contracts of adhesion

  • Monopoly remedy in contracts of adhesion

  • Research III: Balancing Islamic law and the law in antitrust proceedings

  1. Conclusion

  2. General indexes

  • Sources indexed by topic

  • Alphabetical Index of Sources

  • Flags Index

  • Index of Qur'anic verses

  • Catalog of Honorable Prophetic Hadiths and Relics

 

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Additional information

Weight 1 kg
Dimensions 20 x 20 x 20 x 20 cm
Author of the book