Regulatory Criteria of Juridical Terminology in the Chapter of Sales According to the Shāfiʿī School: Compilation and Study

Abstract

Abstract

This study elucidates the specific semantic usage of the term Dabit (regulatory criterion) in the works of the Shafi’i school. In this context, the term denotes: restricting an unrestricted expression, clarifying an ambiguous one, explaining a problematic term, determining its measure, or distinguishing it from others, under which fall particular sub-issues or individualized cases.

The study is dedicated to identifying the regulatory criteria of terminology related to the chapter of sales and its essential pillars, as well as the regulatory criteria of terms pertaining to the rulings derived therefrom: such as the criteria governing different types of Khiyar (options) and the criteria pertaining to prohibited types of sales. The researchers employed both inductive and analytical methodologies.

The study concludes that the jurists of the Shafi’i school employ precise expressions governed by well-defined criteria to denote meanings specific to the school. Over time, these expressions acquired a special customary connotation exclusive to them, which varies according to the respective juridical chapters.

This paper is extracted from my doctoral dissertation entitled: “Regulatory Criteria of Juridical Terminology in the Chapter of Transactions According to the Shafi’i School: Compilation and Study.” Publishing an extracted paper prior to the dissertation defense is a requirement for approval at Mu’tah University.

Keywords: regulatory criteria, terminology, jurisprudence, sales, transactions, Shafi’i school.