Sharikat al-Aqd fi al-Shar al-Islami
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Sharikat al-Aqd fi al-Shar al-Islami (Contractual Partnerships in Islamic Law) is a legal treatise on the jurisprudence of commercial partnerships in Islamic law, authored by the Saudi jurist Salih bin Zabin al-Marzooqi al-Baqmi .
Background and Composition
The work originated as the author’s Master’s thesis at the College of Sharia in Makkah, completed in 1395 AH (1975 CE) . It initially circulated in typescript form . The final preparation of the text for publication was completed on Saturday, 11 Rabi al-Akhir 1444 AH (5 November 2022 CE) . In his introduction, the author states that he intended to present the classical Islamic legal framework governing commercial partnerships—such as al-inan, al-wujuh, al-abdan, al-mudarabah, and al-mufawadah—at a time when positive legal codes of Western origin had become widespread across the Muslim world .
Structure and Contents
The book consists of an introduction, three main parts (abwab), a conclusion, and a bibliography :
- Part One: Covers the definition, pillars, conditions, and general rules of partnerships across four chapters:
- Chapter One discusses the definition of partnership (al-sharikah), its legal basis (mashru‘iyyah), and its divisions .
- Chapter Two examines the pillars and conditions of the partnership contract .
- Chapter Three details general rulings, including agency (wakalah) within partnerships, profit and loss distribution, stipulations exceeding capital shares, cases where profit shares are unspecified, ownership of contributed assets, and the consequences of defective (fasid) contracts .
- Chapter Four treats the legal classification of the contract regarding whether it is permissible (ja'iz) or binding (lazim) .
- Part Two: Examines the specific categories of contractual partnerships and their individual legal rulings across three chapters .
- Part Three: Addresses the dissolution, nullification, and termination of partnerships across two chapters .
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