This is a Level Two Elective course in the Islamic Studies Curriculum. It is based on Imam Mawsili's great primer on Hanafi fiqh, al-Mukhtar, and its commentary, al-Ikhtiyar li-Ta`lil Masa’il al-Mukhtar.
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 personal law (i.e. marriage, divorce, and related matters) and commercial transactions, including sales, leasing, or hire.
This expansive course will cover all the chapters on personal law and commercial transactions in al-Mukhtar. This course serves to provide a proper understanding of Islamic jurisprudence (fiqh) of personal law and commercial transactions.
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-Marghinani’s al-Hidaya.
- Teacher: Shaykh Faraz Rabbani
Imam Mawsuli’s influential book is one of the four relied upon primers of the Hanafi school of law, which summarize the original positions of Imam Abu Hanifa - the school’s founder - may Allah have mercy on him, and the transmitted positions of the school after him. 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.
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.
- 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