Hermeneutics in the Genre of Mukhta?ar : Civil and Commercial Law in Islamic Law.

Cover -- Hermeneutics in the Genre of Mukhtaṣar -- Hermeneutics in the Genre of Mukhtaṣar -- Copyright Page -- Contents -- Acknowledgments -- Introduction -- Islamic Legal Hermeneutics, and the Genre of Mukhtaṣar -- Chapter 1 -- Al-Shāfiʻī's Concept of Hermeneutics -- Al-Shāfiʻī's HERMENEUTICAL LEGAL SYSTEM -- MODES of the Bayān -- Al-Shāfiʻī's Hermeneutical Rubric -- Al-Shāfiʻī's Hermeneutics and the Epistemological Functions of prophetic Ḥadīth reports -- Notes -- Chapter 2 -- The Nature of the Compositions of Mukhtaṣar and the Formation of Islamic Legal System -- Compositions of Mukhtaṣar in the Shāfiʻī School of Law -- Compositions of Mukhtaṣar in the ῌanafī School of Law -- Compositions of Mukhtaṣar in the Mālikī School of Law -- Composition of Mukhtaṣar in the Hanbalī School of Law -- Significance and Emergence of the Compositions of Mukhtaṣar -- Notes -- Continuity of Hermeneutics in the Compositions of Mukhtaṣar with Translation of Arabic Texts -- Chapter 3 -- Shāfiʻī School of Law -- A Brief Biographical Account of al-Shāfiʻī -- Hermeneutics and al-Shāfiʻī as an Eponym of the School of Law and his Chapter al-Buyūʻ of his K al-Umm -- A Brief Biographical Account of Ismāʻīl ibn Yāḥya al-Muzanī -- A Brief Biographical Account of Abū Isḥāq Ibrāhīm al-Shīrāzī -- Al-Muzanī's Mukhtaṣar and al-Shīrāzī's Tanbīh -- Hermeneutical General Features as Reflected in al-Muzanī's Contract of Sale -- The Contents of al-Shāfiʻī's Contract of Sale in the K al-Umm14 as Reflected in al-Muzanī's Contract of Sale in the composition of Mukhtaṣar -- The Contents of al-Shāfiʿī's Contract of Sale as Reflected in al-Shīrāzī's Contract of Sale of the Tanbīh -- Right of Option -- The Contents of al-Shāfiʻī's Right of Option IN HIS KITAB al-UMM Reflected in al-Muzanī's Right of Option IN HIS MUKHTAR28 -- Ribā.

The Contents of al-Shāfiʻī's Ribā as Reflected in al-Muzanī's Ribā in the Mukhtaṣar -- The Contents of al-Shāfiʻī's Ribā as Reflected in al-Shīrāzī's Ribā in the Tanbīh43 -- Şarf Sale -- Hermeneutical General Features of Şarf Sale as Reflected in al-Muzanī's Şarf Sale in the Mukhtaṣar -- Salam Sale -- Hermeneutical General Features as Reflected in Salam Sale in al-Muzanī's Salam Sale in Mukhtaṣarʻ60 and al-Shīrāzī's Tanbīh61 -- The Contents of al-Shāfiʿī's Salam Sale as Reflected in al-Shīrāzī's Salam Sale in the Tanbīh63 and al-Muzanī's Mukhtaṣar 64 -- Partnership -- Hermeneutical General Features of Partnership as Reflected in al-Muzanī's Mukhtaṣar80 and in al-Shīrāzī's Tanbīh81 -- Lease-Hire -- Notes -- Chapter 4 -- Ḥanafī School of Law -- A Brief Bibliographical Account of AbŪ ῌanīfa -- ABŪ YŪSUF YʻaqŪb bin Ibrāhim al-Anṣārī -- A Brief Biographical Account of Muḥammad al-Shaybānī -- Hermeneutical General Features as Reflected in Muḥammad al-Shaybānī's Chapter al-Buyūʻ of Jāmīʻ al-Șaghīr -- The Genre of Mukhtaṣar and its Emergence in ῌanafī School of Law -- A Brief Biographical Account of al-Țaḥāwī -- A Brief Biographical Account of al-QudŪrī -- A Brief Biographical Account of al-Marghīnānī -- Hermeneutical General Features of Contract as Reflected in al-Țaḥāwī's Mukhtaṣar19 -- Contents of the Nature of Contract, its Stipulations in al-Țaḥāwī's Mukhtaṣar20 -- Hermeneutical General Features of Contract as Reflected in al-QudŪrī's Mukhtaṣar Supplemented with al-Marghīnānī's Contract in the Hidāya in Reference -- The Contents of Contract in al-Qudūrī's Mukhtaṣar Supplemented with Marghīnānī's Hidāya in Reference -- Right of Option of Seeing and Right of Option of Stipulations -- The Contents of Right of Option of Seeing and Right of Option of Stipulations in al-Shaybānī's Jāmīʻ al-Șaghīr30 and in al-Qudūrī's Mukhtaṣar31.

Right of Option Concerning Articles of Defect -- Hermeneutical General Features of Right of Seeing Articles of Defects as Reflected in al-Shaybānī's Jāmīʿal-Ṣaghīr and al-Qudūrī's Mukhtaṣar Supplemented with Al-Marghīnānī's Hidāya in Reference -- The Contents of Articles with Defect in al-Shaybānī's Jāmiʻ al-Șaghīr and al-Qudūrī's Mukhtaṣar -- Ribā -- The Contents of Ribā and Șarf Sale in al-Ţaḥāwī's Mukhtaṣar -- Şarf Sale -- Salam Sale -- Partnership -- Partnership in Reciprocity -- Partnership in Traffic -- Partnership in Workmanship -- Partnership on Personal Credit -- Lease-Hire -- Notes -- Chapter 5 -- Ḥanbalī School of Law -- Aḥmad ibn Ḥanbal, the Musnad and Islamic Law -- Al-Shāfiʻī's Concept of Hermeneutics and Aḥmad ibn Ḥanbal as a Jurisprudent in Relation to al-Shāfiʻī, Muḥammad al-Shaybānī, and Mālik ibn Anas -- Aḥmad bin Ḥanbal's Masā'il Collections and al-Shāfiʻī's Concept of Hermeneutics -- A Brief Biographical Account of ʻUmar ibn al-Ḥusayn al-Khiraqī -- Aḥmad ibn Ḥanbal and his Masā'il Collections in Contrast to the Works of Eponyms of Other Sunni Schools of Law -- Hermeneutical General Features as Reflected Concerning the Nature Of Contract and Contents in Aḥmad ibn Ḥanbal's Masā'il Collections and al-Khiraqī's Mukhtaṣar Concerning the Nature of Contract in Chapter al-Buyūʻ -- Hermeneutical General Features of Right of Option as Reflected IN THE Contents in Aḥmad ibn Ḥanbal's Masā'il Collections and al-Khiraqī's Mukhtaṣar -- Hermeneutical General Features of Ribā in the Ṣarf Sale as Reflected in the Contents Aḥmad ibn Ḥanbal's Masā'il Collections and in al-Khiraqī's Mukhtaṣar12 -- Hermeneutical General Features as Reflected IN THE Contents of Selling Fruits in Aḥmad ibn Ḥanbal's Masā'il Collections and al-Khiraqī's Mukhtaṣar14.

Hermeneutical General Features of Salam Sale as Reflected IN THE CONTENTS OF Aḥmad ibn Ḥanbal's Masā'il Collections and al-Khiraqī's Mukhtaṣar -- Hermeneutical General Features of Lease-Hire in Aḥmad ibn Ḥanbal's Masā'il Collections and al-Khiraqī's Mukhtaṣar regarding the Lease-Hire24 -- Hermeneutical General Features of Partnership as Reflected IN THE CONTENTS OF Aḥmad ibn Ḥanbal's Masā'il Collections -- Hermeneutical General Features as Reflected in al-Khiraqī's Partnership29 -- Notes -- Chapter 6 -- Mālikī School of Law -- Mālik's Muwațța' -- Different Recensions of the Muwaṭṭa'5 -- A Brief Account of Biography of Khalīl bin Isḥāq -- Various Sharḥ (Commentaries) on Khalīl's Mukhtaṣar -- Al-Lakhmī (478-1080) -- Ibn Yūnus (451/1059) -- Ibn Rushd (520/1126) -- Al-Māzarī (539/1145) -- Ṣaḥnūn (240/855) -- Khalīl's Mukhtaṣar -- Khalīl's Mukhtaṣar in Contrast to the Composition of Mukhtaṣar in other Sunni Schools of Law18 -- Hermeneutical General Features as Reflected in Nature of Contract of Sale, its Stipulations, and Validity and Invalidity of articles of Sale and its Contents in Khalīls' Mukhtaṣar -- Ṣarf Sale -- Right of Option25 -- Salam Sale26 -- Hermeneutical General Features and Contents as Reflected in Partnership -- Different Kinds of Partnership -- Partnership in Reciprocity -- Partnership in Traffic -- Partnership in Workmanship -- Partnership in Liability or on Credit -- Partnership in Reciprocity -- Partnership in Traffic -- Partnership in Workmanship -- Partnership in Liability -- Lease-Hire -- Notes -- Chapter 7 -- Differences of Opinion (Ikhtilāf al-Fuqhāʿ) among the Jurists from Hermeneutical Perspective in the Formation of Islamic Legal System -- Differences of Opinion according to the Hermeneutical Interpretations by Juristic Reasoning -- Contract of Sale -- Right of Option -- Right of Option of Inspection -- Ribā.

Partnership in Traffic -- Lease-Hire -- Right of Option -- Partnership -- Lease-Hire -- Reasons for the Differences of Opinion among Jurists -- Differences of Opinion between Mālik and Muḥammad al-Shaybānī -- Selling of anything before it has been taken into Possession -- Selling Food on Deferred Payment for Gold, and Buying Dates with its Price before taking it into Possession -- The Liability Agreements of Three Days and of a Year -- Permissibility of Bartering Animals to be delivered at a Future Specified Time Period -- The Reasons for the Differences of Opinion between Al-Shaybānī and Mālik -- Notes -- Conclusion -- Appendix -- Bibliography -- Index -- About the Author.

This book deals with the genre of Mukhtaṣar in Islamic law and the significance of its emergence in the development and formation of Islamic law. This book comprehensively explores its emergence and analyzes civil and commercial law in four Islamic Sunni schools of law.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.