A Concise Summary of al-Maṭālib al-ʿAliyya fī al-Ḍamānāt al-Sharyai by Ghanem al-Baghdady (1030 AH): A Critical Study and Edition from the Chapter on Usurpation (Ghasab) to the Chapter on [Qin Ḥajar]

Abstract

In Islamic jurisprudence, ḍamān (liability) refers to the obligation to bear the consequences of rights or damages incurred by another party. It constitutes a fundamental mechanism for maintaining a balance between rights and obligations. Liability encompasses obligations arising from various transactions and actions that may result in harm to others, whether due to violation, negligence, or any conduct causing damage. This concept reflects the jurists’ concern for promoting both individual and social responsibility in a manner that ensures legal and social stability, while simultaneously safeguarding rights and achieving justice.This study examines the issues of liability as presented in the juristic manuscript under investigation, highlighting their distinctive characteristics within the framework of the Ḥanafī school of law. It further demonstrates the coherence and comprehensiveness of the manuscript's treatment of the chapter on liability, as formulated by Ḥanafī jurists to regulate its legal rulings and applications. Through this analysis, the study seeks to clarify the significance of liability within the broader system of Islamic transactional jurisprudence.