ভূমিকা

Shiavault - a Vault of Shia Islamic Books Fiqh and Fuqaha Part 5: Uqood(Contracts) Muhaqqiq Hilli has divided this into fifteen chapters. Chapter One:­ Kitabu Ttijarah It deals with purchase and sale, conditions of transactions, types of transactions like cash or credit sales, profits, usury, and so on. It also explains rules of contracts, pronounced or by conduct. Chapter Two: ­Kitab­al­rahn Deals with buying or selling a mortgage.

Chapter Three: ­Kitab Al­muflis Muflis means a bankrupt, who cannot pay off his debts. The Islamic jury would immediately issue an order to restrain such a person from using his wealth till such time when a thorough assessment has been made, and possible payments to the creditors have been arranged.

Chapter Four: Kitab Al­hijr It is an interdiction where an owner of wealth or property is restrained from having any say in its use, like in the cases of a bankrupt, a minor, an insane person, a dying person who intends to will beyond his right of one third, a fool etc. Chapter Five: ­Kitab Al­dhaman It means a warranty or guarantee. In Shi’a Fiqh, a guarantor becomes responsible for the debts, to the exclusion of the debtor, but the guarantor can call for reimbursement from the debtor.

Muhaqqiq Hilli has included all sureties and promissory notes in this category. Chapter Six: ­Kitab Al­sulh Sulh here does not mean peace agreement or truce. It actually means settlement, concession or compromise. For example, to settle a debt whose exact figure is not known by offering a certain sum, and so on. Chapter Seven: ­Kitab Al­sharikah It means joint ownership, like in the case of inheritance. As long as it has not been divided, it belongs jointly to all the heirs.

It also means partnership. Interestingly, there are cases of unwilling partners, when wheat owned by one person gets mixed up with wheat belonging to another, and separating is impossible. Partnership in businesses, industries and agriculture are contracted by an agreement. Chapter Eight: ­Kitab Al­mudharibah It is a partnership between capital and labour.

When a man or a group of men investing their capital for a business, enter into an agreement with those who will put in their labour or will manage, they must first agree about the share of dividends, and then either pronounce a formula for mudhariba, or make some practical gestures. Chapter Nine: ­Kitab Al­muzari'ah Or Musaqat This is a type of Mudhariba, but with a difference.