Legal Concept and Nature of Sadaqah

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Abstract

the sources of Islamic jurisprudence, Sadaqah has been considered both as acts of worship and a kind of dealing, and it enjoys in both fields, some applicabilities and has, therefore, particular regulations. However Sadaqah, as considered by section 807 of civil code, has exactly a certain contractual nature a bare contract which is distinct from other contracts, even from gift, and taking possession is the condition of its irrevocability. The realization of Sadaqah depends on a certain dealing intention, which is the intention of making approaches to God.In the absence of this intention, the contract may find another legal description.

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