Principles and Fiqh Analyses Related to the Obligation of Zakāt in Sarahsī’s Mabsūṭ Work
Principles and Fiqh Analyses Related to the Obligation of Zakāt in Sarahsī’s Mabsūṭ Work

Summary/Abstract: Although general principles of Islamic law are not accepted as evidence in obtaining rulings, they are considered fundamental principles of jurisprudence in resolving jurisprudential issues, as they demonstrate the basic understanding of such issues. Starting from the second century of the hijri calendar, when the classification and codification of fiqh began, jurists began to include all topics in their books in accordance with fiqh principles. One of the important works demonstrating the application of fiqh principles in zakāt is the work entitled al-Mabsūṭ by Imām Sarahsī (d. 483/1090), one of the later jurists of the Hanafī school in the Bukhara-Samarkand region. In this article, Sarahsī's principles regarding the obligation of zakāt, as found in the section on zakāt in his work Mabsūṭ, have been identified and evaluated. These findings and evaluations prove that the science of fiqh is based on a set of rules and fundamental principles. Throughout his work, Sarahsī has included the general principles and rules of fiqh, either by stating them explicitly or by providing explanations to facilitate their understanding. The fact that the article is based on the subject of zakāt in Mabsūṭstems from the book’s authoritative position in explaining Hanafī fiqh. Mabsūṭ is a commentary on al-Kāfī, which is a summary of the six works of Imām Muḥammad (d. 189/805) that most reliably convey the views of the founding Imāms of the Hanafī school of thought, also referred to as zāhir al-rivāye. Upon examining the entire work, it will be observed that there are nearly a hundred legal principles of a rule-like nature concerning the obligation of zakāt. Only a portion of these have been included here, based on the length of the article. The fiqh principles and fundamentals mentioned in the article have been examined in accordance with the general flow of the book. Where appropriate, complementary or explanatory principles have been considered together in order to ensure consistency of meaning. This article highlights the importance of the fundamental principles and rules of fiqh, along with the evidence and methods used in the formation of fiqh science. In his work entitled Mabsūṭ, Sarahsī, who extensively explains Hanafī fiqh, structured the issues of zakāt, as he did with all fiqh topics, on the general principles of fiqh, known as the asl. This article attempts to reveal the effectiveness of the principles of jurisprudence, which were later referred to in the literature as universal rules in the formation of jurisprudence, in understanding and applying jurisprudential issues. The article also notes that there are opinions stating that zakāt on gold and silver held for trade purposes should be paid based on their value, like other trade goods, rather than by weight. In line with this view, the thesis has been put forward that when gold and silver are sold as trade goods, it is possible to sell them on credit in exchange for cash other than their own kind.

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