al-Ifada min Mal al-Yatim fi Uqud al-Muawadat wa al-Tabarruat
- Author died
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- Editions
- Islamic University of Madinah
al-Ifada min Mal al-Yatim fi Uqud al-Muawadat wa al-Tabarruat (Deriving Benefit from the Property of the Orphan in Contracts of Exchange and Gratuitous Contracts) is a contemporary treatise on Islamic jurisprudence by Khalid al-Mushayqih, published in 1424 AH (2004 CE) by the Islamic University of Madinah. The work examines the legal parameters governing what a legal guardian (wali) and others are permitted to utilize or derive from an orphan's wealth across various commercial and gratuitous transactions.
Structure and Scope
The treatise is organized into an introduction, a preliminary chapter (tamhid), and three core thematic sections (mabahith):
- Preliminary Chapter: Defines the key terms in the title, clarifying the concepts of benefit, the legal status of the orphan, contracts of exchange intended for profit, and gratuitous contracts intended for benevolence and assistance.
- First Section: Addresses benefiting from the orphan's property in commutative contracts of exchange (uqud al-mu'awadat). It spans six topics: the guardian buying from and selling to himself; taking a share of profits in return for investing the wealth via profit-sharing (mudaraba); selling below or purchasing above market price; selling on deferred credit (nasi'ah); selling in exchange for commodities (bi-al-'arad); and pledging the orphan's property as collateral (rahn).
- Second Section: Investigates gratuitous contracts (uqud al-tabarru'at), covering five issues: lending the orphan's wealth (iqrad); loaning it for use (i'arah); gifting, donating, or endowing it as a mortmain property (waqf); the guardian consuming from the orphan's wealth; and commingling the guardian's own assets with those of the orphan.
- Third Section: Discusses discharging obligatory dues from the orphan's wealth, including zakat, zakat al-fitr, maintenance of eligible relatives, compensation for damaged property, indemnities (arsh), repayment of debts, financial expiations (kaffarat), and purchasing sacrificial animals for the affluent.
Methodology
The author limits the comparative legal analysis to the four established Sunni schools of law (Hanafi, Maliki, Shafi'i, and Hanbali) and the Zahiri school, while occasionally incorporating the documented opinions of prominent early jurists (salaf).
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