THE TRADE OF SALAM IN THE TREATISE OF MABSUT OF SHAMS-AL-A IMMMA SARAKHSI AND THE DECISIONS REGARDING IT

Abstract

In the article the discussions on the trade of salam as it appears in the treatise of “Mabsut” of one of the greatest scholars of the Hanafi mazhab, Abu Bakr Muhammad ibn Ahmad Abu Sahl Sarakhsi who was famous under the penname Shams-al-a’imma (Sun of Imams) living in the 11th century is analysed. Also, the terminological meanings of the Salam in vocabulary and shariat are revealed based on the examples and are substantiated by the shariat proofs. Several samples on the trade of salam in the chapter of trade which is the part of the book 12 of the “Mabsut” treatise were selected and are revealed based on the methodical rules. The obliteration of the agreement based on the quality of means, money being accumulated for the trade of salam are studied and the conclusions are drawn based on the data. The modern applications of the norm is also reconsidered in the article.