Abd Allah ibn Abd al-Wahid al-Khamis
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Abd Allah ibn Abd al-Wahid al-Khamis is a contemporary Islamic legal scholar known for his specialized treatise on the mutual rescission of contracts (iqala), titled Haqiqat al-Iqala: Dirasa Nazariyya Tatbiqiyya ("The Reality of Iqala: A Theoretical and Applied Study") .
Scholarly Focus and Legal Analysis
Al-Khamis concentrated his jurisprudential work on addressing the core legal characterization (takyif fiqhi) of iqala (mutual cancellation of a sale) and analyzing the practical ramifications that arise from divergent juristic determinations . He noted that prior modern studies on the subject—such as those by Abd al-Latif 'Amir and Ibrahim ibn Abd al-Rahman al-'Urwan—either were brief and focused primarily on the Hanafi school or covered the general rulings of contract rescission without delving into the essential nature of iqala and its applied branches across comparative schools of law .
In his study, al-Khamis divided his analysis into a theoretical foundation (al-dirasa al-nazariyya) and an applied juristic examination (al-dirasa al-tatbiqiyya) . The theoretical section addressed the definition and related terminology of iqala, its normative legal ruling (al-hukm al-taklifi), the scriptural proofs for its legitimacy, and the underlying wisdom behind its institution .
In evaluating the debate among classical jurists over whether iqala functions as a contract annulment (faskh) or a new sale (bay'), al-Khamis favored the view that it constitutes an annulment (faskh) . He traced the practical consequences of this distinction across diverse transactions in commercial law, particularly within the chapters on sales (bay'), forward purchasing (salam), leasing (ijara), and collateral pledges (rahn) .
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List of Works
Haqiqat al-Iqala: Dirasa Nazariyya Tatbiqiyya is a specialized treatise on Islamic jurisprudence examining the legal essence, juristic characterization, and practical branches of mutual contract cancellation (iqala) in commercial transactions.