THE JURISPRUDENTIAL CHOICES OF Al ʾIMĀM AL GHAZĀLĪ IN THE CHAPTER OF TRANSACTIONS (DOCUMENTATION CONTRACTS AS A MODEL): A COMPARATIVE STUDY

Abstract

This research seeks to demonstrate the jurisprudential issues of transactions, particularly the documentation contracts that al ʾimām al ghazālī has chosed and differed with his school of law which has been discussed in his books: al-waṣīṭ, al-wajīz and al-khulāsah and  to clarify his jurisprudential terminologies. The research problem is about highlighting al ʾimām al ghazālīs jurisprudential personality and his impact on the shāfiʿī school of law, showing his choices that differed with his shāfiʿī school of law, followed by mentioning the statements of four schools of law in the issue and then citing their evidences with comparison. After that, the writer will mention his opinion about this issue. The inductive analytical and comparative method were empoyed to reach the aims of this study. The research consists of an introduction and two chapters; to clarify the most important issues that al ʾimām al ghazālīs has diffred with the shāfiʿī school of law in chapter of transactions (documentation contracts). The findings of this study are: (1) clarifying that al ʾimām al ghazālī reached a sublime position in the shāfiʿī school of law due to his deep knowledge and abundance of his authored jurisprudential books. (2) al ʾimām al ghazālī adopted opinions and choices that contradicted the shāfiʿī school of law; which indicates that he had an independent jurisprudential mindset. (3) identifiying the jurisprudential approach conducted by al ʾimām al ghazālī in his books in terms of analizing, evaluating and dicussing issues and showing his way in term of highlighting the scolars of law' statements.