Haqiqat al-Iqala Dirasa Nazariyya Tatbiqiyya
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- Islamic University of Madinah
Haqiqat al-Iqala: Dirasa Nazariyya Tatbiqiyya (The Reality of Mutual Rescission: A Theoretical and Applied Study) is a specialized treatise on Islamic jurisprudence by Abd Allah ibn Abd al-Wahid al-Khamis, examining the legal essence, juristic characterization, and practical branches of mutual contract cancellation (iqala) in commercial transactions.
Purpose and Background
The author composed the work after observing that the fundamental legal reality of iqala—whether it constitutes a contract annulment (faskh) or a newly initiated sale (bay'—had rarely been treated as an independent monograph, despite appearing as a subtopic in broader works. Earlier treatments included Abd al-Latif Amir's comparative legal study al-Iqala fi al-'Uqud fi al-Fiqh wa-l-Qanun (Mutual Rescission of Contracts in Jurisprudence and Law) and Ibrahim ibn Abd al-Rahman al-'Irwan's doctoral thesis on rescission and dissolution in commutative contracts; however, the author noted that prior studies either remained brief, focused heavily on modern civil law, or omitted the phrasing forms and applied branches arising from the core disagreement. Furthermore, earlier treatments of applied scenarios, such as that by Jalal al-Din al-Suyuti in al-Ashbah wa-l-Naza'ir, were often limited to specific school-based discussions.
Structure and Content
The treatise is organized into two main divisions:
- The Theoretical Study (al-Dirasa al-Nazariyya): Divided into six chapters covering the linguistic and terminological definitions of iqala, related legal concepts, its religious ruling and underlying wisdom, its formal wording and non-verbal equivalents (such as annulment expressions, writing, gestures, and conduct), its juristic characterization (al-takyif al-fiqhi), its essential pillars and conditions of validity, and its contractual scope. The author adopts the definition of iqala as the dissolution of a binding financial commutative contract for the party requesting rescission by mutual agreement of both contracting parties.
- The Applied Study (al-Dirasa al-Tatbiqiyya): Analyzes thirty representative legal cases where differing views on the nature of iqala directly impact practical rulings. These include scenarios such as the validity of rescinding a mutual rescission (iqalat al-iqala), rescinding after the merchandise suffers a defect in the buyer's possession, and exercising the option to return goods due to defects following mutual cancellation.
Method
The author's methodology relies on gathering opinions directly from classical source texts across Islamic legal schools and documenting verbatim citations when appropriate. The work provides evidence and scholarly debates for each position while maintaining conciseness to avoid excessive digression. Quranic verses are cited by chapter and verse number, hadiths are referenced to their canonical sources, and biographical notices are provided for lesser-known figures while omitting widely recognized authorities.
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