Buhuth fi Qadaya Fiqhiyya Muasira
- Author died
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- Editions
- Dar al-Qalam
Buhuth fi Qadaya Fiqhiyya Muasira (Studies in Contemporary Juridical Issues) is an Arabic collection of legal treatises on modern economic, medical, and social transactions authored by the Pakistani jurist and judge Muhammad Taqi al-Uthmani .
Background and Publication History
Over a period exceeding thirty years, Muhammad Taqi al-Uthmani authored specialized juridical research papers across Arabic, Urdu, and English in response to novel questions arising in modern life . Because these studies were originally dispersed across various journals, periodicals, and conference proceedings, he compiled his Arabic treatises into a single volume to make them easily accessible to students of Islamic jurisprudence . Most of these papers were originally presented at international conferences and specialized seminars, notably the sessions of the International Islamic Fiqh Academy in Jeddah and other cities across the Muslim world .
The book was first published by Maktabat Darul Uloom Karachi in 1415 AH . After that edition was exhausted, a revised second edition was issued by Dar al-Qalam in Damascus in 1424 AH / 2003 CE . In this edition, the author corrected typographical errors, refined phrasing, incorporated supplementary legal points, and appended two entirely new treatises .
Structure and Scope
The second edition of the work comprises thirteen distinct research treatises addressing contemporary dilemmas through the methodology of classical jurisprudence :
- Installment Sales (Ahkam al-Bay' bi-al-Taqsit): Examines the legality of pricing goods higher for deferred payment, debt documentation via collateral and guarantors, discounting for early settlement (da' wa-ta'ajjal), and late-payment penalties .
- Sales by Conduct and Continuing Supply (Ahkam al-Bay' bi-al-Mu'atah wa-al-Istijrar): Studies modern retail purchasing mechanisms, ongoing supplier agreements, and their adaptations in Islamic banking contracts .
- Sale of Intangible Rights (Bay' al-Huquq al-Mujarrada): Discusses the juridical classification and commodification of non-physical assets, including trade names, trademarks, commercial licensing, copyright, patents, and key-money (khuluw) .
- Commodity Futures Contracts ('Uqud al-Mustaqbaliyyat fi al-Sila'): Analyzes the mechanics of futures markets and evaluates their permissibility according to Islamic contractual law .
- Paper Currency and Currency Fluctuations (Ahkam al-Awraq al-Naqdiyya): Explores the monetary nature of fiat currency, currency exchange rules, and proposals regarding the indexation of loans and wages to price indices .
- Inquiries from the Islamic Development Bank: Answers questions submitted by the Islamic Development Bank regarding loan service fees, leasing operations, deferred sales, and interest earned in conventional foreign bank accounts .
- Muqarada and Investment Bonds (Sanadat al-Muqarada wa-Sanadat al-Istithmar): Discusses the structures of Islamic investment sukuk and procedures for bond redemption (itfa' al-sanadat) .
- Lawful Avenues for Real Estate Financing (al-Turuq al-Mashru'a li-al-Tamwil al-'Aqqari): Proposes viable Islamic alternatives to conventional mortgage loans, specifically diminishing partnership (al-shirka al-mutanaqisa) and deferred sale .
- Surgical Reattachment of Severed Limbs (Zira'at 'Udwan Ustusila fi Hadd aw Qisas): Investigates the medical and legal status of reattaching limbs amputated as a legal penalty (hadd) or in retaliation (qisas) .
- Rules and Issues Concerning Traffic Accidents (Qawa'id wa-Masa'il fi Hawadith al-Murur): Formulates liability principles for modern vehicle collisions using classical maxims governing direct causation (mubashara) and indirect causation (tasabbub) .
- Responses to the Islamic Center of Washington: Answers twenty-eight legal queries regarding the challenges of Muslim communities residing in North America, South America, and Europe, such as foreign naturalization, female employment, dietary rulings, and prayer in rented venues .
- Bank Deposits (Ahkam al-Wada'i' al-Masrifiyya): Classifies current and investment accounts under Islamic legal terms and analyzes the rules governing deposit guarantees and profit calculation .
- Slaughtering Rulings and Imported Meat (Ahkam al-Dhabai'h wa-al-Luhum al-Mustawrada): Details conditions of lawful slaughtering (tadhkiya), the meat of the People of the Book, mechanical and automated slaughterhouses, and verification of halal meat imports .
Method
The author's method relies on evaluating modern commercial and social realities through primary legal texts of the Quran and Sunnah, combined with the authoritative manuals of classical juristic schools, giving particular attention to Hanafi jurisprudence while drawing comparative insights from the Shafi'i, Maliki, and Hanbali schools . When addressing unprecedented issues, he seeks to identify their underlying legal characterization (takyif fiqhi) and determine their compatibility with established legal maxims and customary business practices ('urf) .
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