al-Uqud al-Mudafa ila Mithliha

al-Uqud al-Mudafa ila Mithliha (Contracts Appended to Their Like) is a contemporary treatise on Islamic jurisprudence by Abd Allah ibn Umar ibn Tahir, examining legal rulings where a contract is layered or appended onto another contract of the same type and genus al-Uqud al-Mudafa ila Mit…+1.

Composition and Purpose

The work originated as a master's thesis submitted to the Higher Judicial Institute (المعهد العالي للقضاء) during the second semester of the 1430–1431 AH academic year, written under the supervision of Ahmad ibn Abd al-Rahman Al al-Shaykh al-Uqud al-Mudafa ila Mit…+1. The author subsequently made revisions and additions to the text following the defense al-Uqud al-Mudafa ila Mit…. A printed edition of the book features an introductory commendation written by Sa'd ibn Nasir al-Shithri dated 12 Dhu al-Qi'da 1432 AH al-Uqud al-Mudafa ila Mit….

The book addresses the legal need to gather and analyze contracts structured upon similar primary agreements—classified as addition of an action to its subject (such as sub-agency or reinsurance), to its object (such as reselling or re-pledging), or to itself (such as revoking a revocation)—a widespread phenomenon in modern institutional transactions such as parallel manufacturing (istisna'), subcontracting, and layered partnerships al-Uqud al-Mudafa ila Mit…+1.

Structure and Contents

The book is arranged into a preliminary introduction (tamhid), three main chapters covering twenty-five specific contracts, a conclusion, and analytical indices al-Uqud al-Mudafa ila Mit…+1:

• Preliminary Introduction: Defines contracts in Islamic legal terminology, outlines the default presumption of validity in transactional agreements, and discusses five maxims and legal principles regulating layered transactions al-Uqud al-Mudafa ila Mit…+1.
• Chapter One (Compensatory Contracts / Uqud al-Mu'awadat): Contains eleven sections examining the resale of purchased goods, subleasing, revoking a contractual revocation (iqalat al-iqala), secondary profit-sharing partnerships (mudarabat al-mudarib), layered sharecropping and irrigation partnerships (muzara'a and musaqa), parallel manufacturing (al-istisna' al-muwazi), subcontracting, secondary reward contracts (ju'ala), successive debt transfers (ihalat al-muhal), parallel forward sales (al-salam al-muwazi), and repeated tawarruq al-Uqud al-Mudafa ila Mit…+1.
• Chapter Two (Gratuitous Contracts / Uqud al-Tabarru'at): Contains eleven sections treating subsequent borrowing by a debtor and re-loaning, sub-agency (tawkil al-wakil), sub-investment (ibda'), secondary gratuitous loans of usufruct (i'arat al-mu'ar), re-depositing trusts (ida' al-wadi'a), endowing endowed property, gifting gifted property, secondary executor appointments (isa' al-wasi), manumission by slaves, secondary contractual manumission (mukataba), and secondary land concessions (iqta') al-Uqud al-Mudafa ila Mit…+1.
• Chapter Three (Security and Guarantee Contracts / Uqud al-Tawthiqat): Contains three sections on re-pledging collateral (rahn al-marhun), secondary suretyship and guarantees (kafala and daman), and reinsurance (i'adat al-ta'min) al-Uqud al-Mudafa ila Mit….

Method

The author adopts a comparative jurisprudential method by first characterizing each legal scenario (taswir al-mas'ala), citing textual proofs and recorded consensus where unanimous, and examining the positions across the recognized Sunni legal schools where scholars differed al-Uqud al-Mudafa ila Mit…. Divergent arguments are evaluated alongside their respective evidence and rebuttals to determine the preferred legal ruling (tarjih), with attention given to contemporary financial applications and novel legal terminology al-Uqud al-Mudafa ila Mit…+1.