Abd al-Jabbar Sharara

Died
1426 AH
Born in
-

Abd al-Jabbar Sharara (d. 1426 AH / 2005 CE) was an Islamic legal scholar known for his comparative legal treatise on unlawful usurpation, Ahkam al-Ghasb fi al-Fiqh al-Islami (The Rulings of Usurpation in Islamic Jurisprudence) .

Scholarly Contributions and Methods

Sharara, whose full name appears as Abd al-Jabbar Hamad Sharara, completed his major comparative study on usurpation (ghasb) on Friday, 23 Dhu al-Qi'da 1392 AH (29 December 1972 CE) under the academic guidance of scholar Salah al-Din al-Nahi .

In his legal research, Sharara utilized comparative jurisprudential analysis structured around two methodologies: sequentially presenting the texts and opinions of jurists across different Islamic legal schools before evaluating their proofs and establishing preferences (tarjih), or delineating overarching legal orientations in advance, verifying their attribution to the schools through primary references, and weighing them against one another . His work systematically integrated comparative Islamic jurisprudence with legal theory, addressing foundational concepts such as fungible and non-fungible assets (al-mithli wa-al-qimi), commercial value (al-mutaqawwam), movable and immovable property, liability mechanisms (daman), and the broader theory of possession (nazariyyat al-hiyaza) and its legal claims .

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List of Works

  • Ahkam al-Ghasb fi al-Fiqh al-Islami (The Rulings of Usurpation in Islamic Jurisprudence) is a comparative legal study that examines the theory, rulings, and liability mechanisms of unlawful misappropriation (ghasb) across major Islamic legal schools, including the Sunni, Ja'fari, Zaydi, and Zahiri schools. Completed on 23 Dhu al-Qi'da 1392 AH (29 December 1972 CE), the work addresses foundational legal terminology, liability, changes affecting misappropriated assets, usurper transactions, legal disputes, and the theory of possession.