Applications of Jurisprudential Maxims in the Chapter of Agency: A Study Based on "Al-Mudawwanah al-Fiqhiyyah al-Malikiyyah wa Adillatuh" by Al-Sadiq Al-Ghurayani

Abstract

This research aims to identify and study the jurisprudential maxims (al-Qawāʿid al-Fiqhiyyah) extracted from the book "Mudawanat al-Fiqh al-Maliki wa Adillatuh" (Encyclopedia of Maliki Jurisprudence and its Evidences) authored by Al-Sadiq bin Abdulrahman Al-Ghurayani, specifically within the chapter of Agency (al-Wakālah). The study seeks to extract these rules, clarify their general meanings, and demonstrate their practical impact on the derivation of legal rulings. The importance of this research lies in the significance of the "Agency" contract in Islamic jurisprudence due to its widespread necessity in modern and ancient transactions and its reliance on delegation and authorization. The researcher employed an inductive methodology to track the rules within the specified chapter of the "Mudawanat" and an analytical methodology to understand how these rules are utilized and linked to their practical applications. The paper covers several key maxims, such as "Is the agent’s hand considered the same as the principal’s hand?", "Is the implied content of an admission treated as an explicit admission?", and "Custom is an arbiter". Each maxim is accompanied by its jurisprudential evidence and practical applications. For example, the study explores how the maxim "Custom is an arbiter" defines the boundaries of general and specific agency and the acceptance of offers. The research concludes that Al-Sadiq Al-Ghurayani relied on these maxims as a fundamental basis for deducing rulings, showcasing the flexibility of Maliki jurisprudence in integrating custom and social habits into the legal framework. Furthermore, the study recommends further investigation into contemporary jurisprudential rules within the "Mudawanat" to bridge the gap between classical jurisprudence and modern reality.