The Jurisprudential Rules Derived from the Conditions of the Cornerstone of a Grant Contract from the Book Bada'i' Al-Sana'i' in the Chapter on Grants and their Applications

Abstract

This study aims to demonstrate Imam al-Kasani's attention to jurisprudential rules in his book Bada'i' al-Sana'i' , specifically in the chapter on grants (hibah), within the conditions of the essential element of a gift contract. Since the study does not encompass all the jurisprudential rules upon which al-Kasani relied in the chapter on grants, its scope is limited. Therefore, its importance lies in presenting the science of jurisprudential rules in a new manner and mentioning some applications of these rules, both from the chapter on grants and from other sources.

This study followed a descriptive methodology based on deduction and analysis. It began by examining the chapter on grants, then extracting the most prominent jurisprudential principles relied upon by al-Kasani, and subsequently analyzing, explaining, and applying them. This was done to reveal Imam al-Kasani's scholarly character through the jurisprudential principles in his book, and to extract some of the jurisprudential principles he relied upon, followed by applying them to other books of the Maliki school. This study yielded nine jurisprudential principles, divided into two sections to facilitate the student's understanding of these principles through their application in the chapter on grants and other chapters of Islamic jurisprudence. In conclusion, the researcher recommends examining the jurisprudential rules from the book Al-Bada'i and extracting their applications from the chapters of jurisprudence in the school of thought.