al-Buyu al-Muharrama wal-Manhi Anha
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- Dār al-Hudā al-Nabawī
al-Buyu al-Muharrama wal-Manhi Anha (Prohibited and Forbidden Sales) is a contemporary treatise on comparative Islamic jurisprudence by Abd al-Nasir bin Khidr Milad, examining the legal rulings governing the sale of prohibited items and forbidden commercial transactions .
Origin and Publication
The work originated as a doctoral dissertation submitted in 1425 AH (2004 CE) to the Department of Islamic Law within the Faculty of Law at the University of Khartoum in Sudan, prepared under the academic supervision of Dr. Abd al-Rahman al-Siddiq Dafa Allah . It was subsequently published in a single volume by Dar al-Huda al-Nabawi in Mansoura, Egypt, in 1426 AH (2005 CE) as part of its university dissertation series .
Subject and Scope
The author composed the book to gather rulings dispersed across disparate chapters of classical legal literature concerning the sale of prohibited substances (bay' al-a'yan al-muharrama), aiming to make them accessible and systematically organized . The study combines classical jurisprudential questions with contemporary issues, including the commercial sale of human organs, recorded media tapes of films and television serials, and photographic images .
Method
The work follows a comparative jurisprudential method restricted to the four Sunni legal schools: Hanafi, Maliki, Shafi'i, and Hanbali . Within each issue, the author presents the views of each school in chronological order, citing primary authoritative texts, detailing internal positions, summarizing the schools' arguments, and discussing textual and rational proofs . Milad engages in weighting opinions (tarjih) according to the strength of evidence and alignment with the overarching objectives of Islamic law (maqasid al-shariah), such as securing public benefit and removing hardship . The text references Quranic verses, sources and grades of prophetic traditions, and provides brief biographical notices of referenced authorities .
Structure
The book is arranged into an introduction, a preliminary overview, two main parts, and a conclusion :
- Preliminary Overview (al-Tamhid): Covers the linguistic and legal definition of sale, the textual legitimacy and legal status of trade, and the definition of prohibited objects .
- Part One: Impurities (al-Najisat): Begins with the juristic disagreements regarding the sale of impure substances and contains six chapters: the sale of carrion (al-maytah) and its parts; the sale of spilled blood (al-dam al-masfuh); the sale of human and animal waste; the sale of dogs and pigs; the sale and medicinal use of wine (al-khamr); and the sale and utilization of contaminated substances (al-mutanajjisat) .
- Part Two: Items Prohibited from Utilization (Ma Naha al-Shari' 'an al-Intifa' bihi): Comprises six chapters: the sale of gold and silver vessels; the sale of idols and images; the sale of musical instruments and games of chance such as backgammon and chess; the sale of narcotics and sedatives; the sale of free human beings and human organ trade; and the sale of items prohibited due to their sanctity, including the Quran (and its sale to non-Muslims) and the land of Mecca .
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