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An Introduction to the General Theory of Obligations in Islamic Jurisprudence : A Thorough Formulation Of The Theory’s Texts

I am pleased to present the English translation of An Introduction to the General Theory of Obligations in Islamic Jurisprudence, a remarkable work by Mustafa Ahmad al-Zarqa, a prominent Syrian scholar. Al-Zarqa was a highly distinguished scholar, his most significant work having been in the fields of figh and legal reform. He was a staunch advocator of tajdlid (renewall, particularly in the realm of muamalat (transactions) as he realized the importance of uncovering proper and credible solutions to address issues concerning modem Muslims and non-Muslims alike. His innovative and advanced thought can be witnessed in this book, especially in his elucidation of intellectual properties (IP) and other intangible assets, which were the outcome of his distinct ability to marry the classical fiqh corpus with an apt understanding of modern transactions.

The book uses its means of speech and ordering to present the general principles of duty and named contracts. By doing so, Islamic law is interpreted in a modern style that is consistent with contemporary jurisprudence while retaining its meaning in terms of rules and legal perspectives. This is what is needed of academic Islamic research in the modern age.