Property (Māl) and Credit Relations in Islamic Law: An Explanation of Dayn and the Function of Legal Personality (Dhimma)

In: Arab Law Quarterly
View More View Less
  • 1 Faculty of Economics, University of Rome Tor Vergata, Rome, Italy
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution


Buy instant access (PDF download and unlimited online access):



This article deals with the notion of property (māl) and the conceptualization of credit relations in Islamic law by investigating the dyad ʿayn/dayn and highlighting the functional linkage between dayn (debt/credit) and dhimma (legal personality). More precisely, in accordance with the elaboration of classical scholars, the work illustrates the notion of dayn, not in terms of obligation but as a property already owned by the creditor, while subsisting over the dhimma of the debtor: i.e., a property-in-the-future guaranteed by this dhimma. Differences from the Western notion of obligation, as well as peculiarities of Islamic contract law, are subsequently outlined.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 376 72 2
Full Text Views 91 0 0
PDF Views & Downloads 20 2 0