Contemporary issues of form and substance: an Islamic law perspective

• Published in: ISRA international journal of Islamic finance Vol. 11; no. 1; pp. 124 - 136
• Main Authors: Hammur, Muhammad, Shakil, Muhammad Hasan, Akinlaso, Ishaq Mustafa, Tasnia, Mashiyat
• Format: Journal Article
• Language: English
• Published: Kuala Lumpur, Malaysia International Shari'ah Research Academy for Islamic Finance 01.01.2019; Emerald Publishing Limited; Emerald Group Publishing Limited
• Subjects: Accounting; Debates; Financial statements; Islamic financing; Islamic law; Substance over form; Tenure; Substance gap; Form over substance; Form
• ISSN: 0128-1976; 2289-4365
• DOI: 10.1108/IJIF-01-2018-0006

Purpose This paper aims to analyse the concept of form over substance and introduces the term substance gap to the literature. The substance gap is defined as the difference between the way a concept is expressed and its intended result. Besides, the study investigates the issue from both classical and contemporary viewpoints. Design/methodology/approach The methodology adopted in this paper is descriptive research. Findings This paper has depicted the substance gap in contemporary contracts and found that form is equally important as substance in Islamic finance contracts. This paper offers a fresh outlook on form and substance to highlight the importance of the issue and its significance. The findings of the study will help researchers address the issue at its roots and help them to bridge the gap between the form and substance of Islamic finance contracts. Originality/value This paper investigates the substance gap in contemporary contracts that exists between the fiqh rules and conditions of an Islamic contract, and their development and construction. Further, the gap could also be attributed to the pressure to cope with a complicated modern finance environment.