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Lectures on Comparative Fiqh • Author: Muhammad Said al-Bouti • 2008

Lectures on Comparative Fiqh • Author: Muhammad Said al-Bouti • 2008

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"Lectures on Comparative Fiqh" is a concise book that covers several aspects beneficial to the study of comparative jurisprudence. The book begins with an introduction on the importance of this science, the necessity of its study, its benefits, and the reasons for disagreements among jurists.

It then addresses a number of fundamental topics in comparative fiqh, including:

  • The effect of geographical distance on the ruling of fasting
  • Establishing and specifying the intention for fasting overnight
  • The cause of Riba (usury) and its effect on transactions where it applies
  • The binding nature of a Waqf (endowment)
  • Stipulated conditions in contracts in general and marriage in particular
  • The triple divorce pronounced in a single utterance
  • Land conquered by Muslims by force
  • Punishment by confiscation of wealth
  • Judgment based on a single witness and an oath
  • Judgment based on the testimony of non-Muslims
  • Judgment based on circumstantial evidence

The selection of these topics is due to the book's origin as university lectures. Although the author does not cover all issues of comparative fiqh, he addresses them in some detail, presenting the interpretations of the Imams, mentioning their evidence, comparing their proofs, and examining them through discussion and preference. This provides students with models to understand how the Imams exercised ijtihad (independent legal reasoning) in rulings, the reasons for their many disagreements, and allows them to practice understanding the methodology of ijtihad and how to derive rulings from their sources.

Book Details:
Author: Muhammad Said al-Bouti
Publisher: Dar al-Fikr al-Mu'asir – Damascus
Edition: 5
Year of Publication: 2008
Pages: 208
Parts: 1
Binding: Paperback
Paper Type: White

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