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date: 27 October 2020

Abstract and Keywords

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.

Keywords: Islamic law, fiduciary duties, Quranic law, Muslim law, Quran, Islamic trusts, agency, public officials

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