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MATAN ABI SHUJA' - Coggle Diagram

- - - - Al-Ghayah fi al-Ikhtisar. And it is better known as “Matn
        Abi Shuja ’”
      - Sharh al-Iqna’. Kitab al-Iqna’
    - - Born in 433H/1041M in Basrah.
      - Once held the post of minister in the year 447H/ 1055M
        and with it he spread justice and religion
      - al-Imām al-Qadi Shihab al-Millah wa al-Din Abu al-Tayyib, Abu Shujaʿ, Ahmad bin al-Husayn (/al-Husan) bin Ahmad, al-Asfahani al-ʿAbbādānī al-Sh
      - Has ten assistants who help
        he distributed zakat property and gifts to the people.
      - Died in 593H/1197M and he was buried in
        a small mosque he built in Bab Jibri
- - - - Syarahan
      - Hashiyah
      - Matan
      - Taqrir
      - Taqrir 'ala al- Taqrir
  - - - Still
      - Countinues
      - Swear
      - Words
    - - "Something that is small/ short in word, but many or wide
        or in the sense
  - - - Nathar
      - Nazam
- - - - Key Chapters
        
        Al- Muamalat
        
        Al- Jinayat
        
        Al- Ibadat
        
        Al- Munakahat
      - Nazam and lectures Matan Abi Shuja'
- - - - Confiscation of property
        done unjustly
      - If a person seizes the property of another and the goods are not damaged after the seizure, he shall
        
        Provide compensation for the reduction in the value of the goods
        
        Pay mithl wages (similar rental wages) for
        that thing
        
        Return the property
      - If the item is damaged
        
        Shall secure the property (to pay compensation) by providing the property if there is
        
        If the property has no property such as: based on its highest value from today booty until the day of its destruction
    - - Right forcibly purchase a portion of immovable property from a third party by the original co-owner
      - Mandatory rights [granted to the owner] of the property
        which is mixed [owned] and not for adjacent property
      - It is given compulsorily on the divisible property and
        not on indivisible property.
    - - Terms of loan items
        
        Done absolutely [indefinitely] or
        bound to a certain period.
        
        If the loan items are damage, then it need to be secured/paid compensation by the borrower with its value on the day his damage and not the day his loan began
      - Loan items - Everything that can be benefit permanently
    - - A person's declaration on
        himself
      - Declaration
        
        Two types
        
        With Allah
        
        Valid reference/withdrawal of confession made
        with respect to it.
        
        With Human
        
        Invalid reference/withdrawal
        confession made in respect thereof.
        
        Conditions for the validity of a declaration
        
        Reasonable
        
        Puberty
        
        Choice (voluntary) without coercion
    - - Wakalah is a Ja'iz contract (uncommon)
      - It is not necessary for him (the representative) to sell or buy something
        except on three conditions
        
        The sale is done in local currency.
        
        Cannot sell the item to himself.
        
        Selling something at a mithl price (such as)
      - Akad perwakilan
    - - The owner capital gives its capital to 'amil or mudarib for traded and profits are divided between them according to agreed ratio. While capital losses are only borne by the owner of the capital
      - Conditions of Qirad
        
        The capital owner gave permission to ʿāmil to manage the property of rabbul mal in Mudarabah venture
        
        It should be required for him (ʿāmil) a known part
        of profit.
        
        Capital in the form of money
        
        It is not determined in rate by duration.
    - - Rental or wage agreement
      - Utilized by per perpetuity ainya, should be for rent, when the benefits can be proportionate
        
        Two method
        
        Occupation
        
        Time
    - - The owner of garden or entrusted care of his crops to a keeper (A'mil) to be watered and nourished, and the keeper will get one known rates of the yield of such crops
      - Conditions of Musaqah
        
        The rate is determined by
        known period.
        
        The owner of the garden shall determine the share rate
        known from the results for the guardian
      - Profession for Musaqah
        
        Work that returns its benefits to the land,
        then it needs to be done by the owner of the capital/garden.
        
        Work that returns its benefits to the fruit,
        then it has to be done by ʿāmil
  - - - And the provision of water is mandatory when it meets three conditions:
        
        iii. The water is from a source of water that constantly comes out [such as] wells or springs.
        
        i. The water exceeds the needs of (the owner)
        
        ii. The water is needed by others for himself or his animals/ livestock
    - - Hibah
        
        Giving without reciprocity
        
        Every thing that has to be sold, then has to be given as a grant.
        
        And the hibah contract will not be lāzim except by physical acceptance.
    - - Cultivate idle land that has no owner
      - Reviving (cultivating) the lands that are mawāt is required with two conditions:
        
        i. The person who animates the land is a Muslim
        
        ii. The land area is a free area not owned by any Muslim
    - - Tabarruʿ goods that last permanently benefit
      - Waqf must be with three conditions:
        
        It is of a property that can be utilized with lasting benefits
        
        It is given (meant) to the original (recipient) that exists (when the waqf contract is implemented) and furu 'which will not be broken
        
        It is not intended for something forbidden
    - - The partnership of agricultural endeavors between the ʿāmil (entrepreneur) and the landowner, where the produce is divided among them and the seeds are produced by the landowner; mukhābarah - if the seed from him is the ʿāmil]
      - When a person gives a piece of land [his] to another for him to cultivate his crops, and he requires for him a known (determined) share of the produce, then it is not obligatory [but al-Nawawī and Ibn al-Mundhir are of the view of both muzāraʿah and mukhābarah are obligatory].
    - - Jaʿālah is obligatory.
      - When a person returns it (his property) to him, then he is entitled to get the ʿiwaḍ (return/gift) [from the party who made the promise or placed the conditions of the gift].
      - The gift promised to someone who does some
        work
    - - Luqatah
        
        And when he takes it, it is obligatory upon him to know six things [concerning the luqaṭah]:
        
        The weight of the scales
        
        The number
        
        The type
        
        The bond
        
        The cover
        
        The former
        
        Items lost and found by non -owners
  - - - Al-Buyu'
        
        Form of buying and selling
        
        correspond to those properties
        has been described in this regard
        
        not required if the item is invisible
        
        can be seen
        
        Terms of sale goods
        
        Legal sale and purchase
        
        holy
        
        can be utilized
        
        owned
        
        illegal trading
        
        no benefit to him
        
        excrement
      - Riba'
        
        Haram
        
        should not be (halal) trading except
        
        Gold or silver
        
        Same quantity
        
        immediate delivery
        
        Food
        
        Same quantity
        
        immediate delivery
        
        can't sell unless
        
        have it physically
      - Gharar
        
        uncertainty, uncertainty and ignorance
      - Khiyār
        
        continue, cancel and transfer contracts
        
        Types of Khiyar
        
        Khiyar Majlis
        
        have khiyār as long as they are
        have not parted
        
        Khiyar Syarat
        
        lay down the condition of khiyār
        
        Khiyar Aib
        
        Refubd if spot a disgrace
      - other prohibited trading
        
        contains riba of its kind in moist/ wet except milk.
        
        buying and selling fruits absolutely
        until his goodness appear
      - Salam
        
        Requirement
        
        adequate properties
        
        types of goods that do not mix
        
        untouched that can cause change on substance
        
        is not something that is determined
        
        is not from something [place or container] that
        determined.
        
        Terms of goods
        
        the seller described it after
        describe the type
        
        mention about the rate with
        a rate that can negate ignorance about it
        
        shall
        specified maturity date
        
        exists when it is entitled to
        
        specified the place of its collection
        
        the price is known
        
        both parties take over each other's contract goods before parting
        
        the salutation is effective immediately
  - - - if the debt has remained on
        one's responsibilities
        
        if the creditor has taken part of his rights, then he does not need to return anything from the creditor until the debtor settles all his debts
        
        the murtahin (marhūn holder - charge item) does not need to guarantee any damage to the marhūn unless it is caused
        from his betrayal.
        
        the person giving the collateral may withdraw the goods
        the collateral is as long as it has not been held by the creditor
      - Every thing that should be sold, then it should be used as a collateral item for the debt
      - collateral,
        mortgage or
        lease
    - - HAJR
        
        obstacles from
        spend or manage property
        
        Al-Ḥajr was imposed on six people
        
        People who are safīh (stupid for not being good at managing
        his property) that wastes his property
        
        Bankruptcy person who is ridden by debt
        
        Children
        
        Crazy people
        
        The sick are feared to die, at more than 1/3
        His property
        
        The slave who is not authorized by the owner commits
        sell-and-sell and business
      - SULH
        
        break up the quarrel
        
        types of sulh
        
        ibrāʾ (liberation)
        
        His adequacy (the prosecutor) took part of his rights (his claim), and [ṣulḥ this] should not be implicated on any conditions
        
        muʿāwaḍah (mutual
        exchanging possessions)
        
        Turning him away/turning [the prosecutor] from his rights (his claim) to something else. And the law of buying and selling applies to it
      - SHARIKAH
        
        FIve conditions
        
        Let it (capital) be given in the form of dirhams (money
        silver) and dinars (gold coins)
        
        Let it (capital provided by each partner) be the same in terms of type and sub-type
        
        Should both (the capital) be mixed (consolidated as partnership capital)
        
        Each of the partners gives permission to the other partner to spend/manage it (the capital)
        
        Profits and losses [divided among themselves] based on their respective property ratios.
        
        profit and loss sharing
    - - wood/roof/balcony
      - It is necessary for one to make a rawshan (wood sticking out towards the road at the top of the house/roof between the two walls of the street/balcony) that can be passed to another place
      - condition
        
        does not harm the person passing through it whether the person is walking, or carrying goods or riding a vehicle
        
        And it is not required [rawshan to be built] on a jointly owned road except with the permission of the co-owner
    - - debt transfer
      - The terms of ḥawālah
        
        Willingness of muḥīl (transfer of debt – person who has a claim for debt on it
        
        Receipt of muḥtāl (owner of debts claimed upon muḥīl)
        
        The right (debt) is mustaqirr (fixed/prevalent on
        his responsibilities (muḥīl))
        
        The likeness of the debts existing to the dhimmah (responsibility) of the muḥīl and muḥāl ʿalayh
    - - debt guarantee
      - valid to provide security for debts that have been mustaqir
        (fixed/usual) on the dhimmah [debtor], when the rate is known (the guarantor knows the rate)
      - the owner of the right (the debt) is entitled to claim his debt from whomever he wishes, both the guarantor and the secured party; if the guarantee is made based on the conditions we have described
      - Once the guarantor has paid the debt, then he can claim the payment from the guaranteed party, if the guarantee and payment is made with his permission (the guaranteed party).
    - - Body bail or bail on a person to attend trial or sentencing
      - And a guarantee for [bringing] a person [who incurs a debt or the punishment of qiṣāṣ in a certain place at a certain time] is also required, when the guaranteed party has a right to be exercised against another person.