Gain an in-depth understanding of commercial transactions and Personal Law according to the Hanafi school of jurisprudence.
The students will gain a necessary and detailed understanding of Islamic Jurisprudence (fiqh) related to the personal law (i.e. marriage, divorce, and related matters) and commercial transactions, including sales, leasing, or hire. The course is based on Imam al-Mawsuli’s great primer on Hanafi fiqh, al-Mukhtar, and its commentary, al-Ikhtiyar li-Ta’lil Masa’il al-Mukhtar. This expansive course will cover all the chapters on personal law and commercial transactions in al-Mukhtar. [Below fold] This course serves to provide a proper understanding of Islamic jurisprudence (fiqh) of personal law and commercial transactions.
What You Will Learn:
- Sales, recession, contracts, and rulings
- Interdicted, trust, and forward sales
- Interest rulings and monetary exchange
- The corrupt hire, collateral, division, and judgeship
- Coercion, claims and acknowledgments
- Witnessing, agency, and guarantees
- Marriage: Its rulings, pillars, and conditions
- The contract, the guardian, suitability, and the dowry
- Marriage to non-Muslims
- The types of divorce and their rulings
- The waiting period after divorce and establishing lineage
- Expenses/provision and custody
- Knowledge of Arabic would help but is not required. Previous study of fiqh is highly recommended but again not a requirement.
About the Course Text
This course is based upon Imam Mawsuli’s al-Mukhtar. Imam Mawsuli’s influential book is one of the four relied upon primers of the Hanafi school of law, which summarizes the original positions of the founder of the school: Imam Abu Hanifa, may Allah have mercy on him, and the transmitted position of the madhhab. This course is intended for seekers of knowledge and is excellent preparation for the study of more advanced texts in jurisprudence such as Imam al-Marghiyani’s al-Hidaya. An English translation of al-Mukhtar will be provided, along with the full Arabic text of Imam Mawsuli’s own commentary: al-Ikhtiyar li-Ta’lil Masa’il al-Mukhtar. This commentary explains the legal reasoning underlying the issues and rulings in al-Mukhtar. Imam Mawsuli’s commentary focuses on the differences of opinion within the Hanafi School and the legal discussion between Imam Abu Hanifa and his two students. Imam Abdullah bin Mahmud bin Mawdud al-Mawsuli al-Hanafi (599-683 AH) was born in Mousul in Northern Iraq and studied Hanafi fiqh — among others — with Imam al-Hasidi in Damascus. He was known as the most distinguished Hanafi scholar of his age. He was a judge (qadi) in Kufa and later taught at the mosque of Imam Abu Hanifa in Baghdad, where he is also buried.