The Jurisprudential Choices of Sheikh Abdul Hadi Abu Asba’ from his Book Al-Durar Al-Naqiyah Fi Al-Tabarat Al-Shari’ah (The Chapter On Endowments and Gifts As A Model)

Collection And Study

Abstract

The research aims to highlight the scholarly personality of Sheikh Abdul Hadi Abu Asbah, and to demonstrate his contributions to Islamic jurisprudence, as well as to compile his legal opinions on charitable donations in an independent study, while showcasing the features of the Libyan Maliki school and its prominent figures.The book "Al-Durar Al-Naqiya in Charitable Donations" is a contemporary work that reflects Maliki jurisprudence in an accessible style suitable for both specialists and non-specialists. Research Results: The research revealed that the book "Al-Durar Al-Naqiyah fi Al-Tabar'at Al-Shari'ah" by the author Sheikh One of the contemporary books that contains Maliki jurisprudence in a contemporary style، from which specialists can learn and understand، and from which non-specialists can alike. The research revealed the Sheikh's exceptional intellect and strong fiqh skills، enabling him to grasp controversial issues within the school. The term "son" in the term "mahbas" (endowment) in Islamic terminology refers to male children، not daughters، and inheritance is granted to them accordingly. The potential meaning of "endowment" is also interpreted according to the meaning most likely to be used by people of common sense and according to their intentions، unless there is evidence to the contrary. If the term "kinship" appears in the term "mahbas" (endowment)، it is interpreted generally and is not specified to one side over another، as there is no evidence requiring specificity. Thus، its meaning remains inclusive of all relatives on both the father's and mother's sides، unless there is a restriction to that. The value of a demolished Waqf property may be disbursed to another Waqf property. It is not necessary for it to be in the same demolished property، regardless of whether it is valid. The condition for the validity of the contract is: A gift of debt must be accepted by the recipient. If the absent partner is unable to take possession himself or delegate possession، the present partner's possession on his behalf is sufficient and valid.