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MAḤMŪD ZAMAKHSHARĪ'S METHOD OF ARGUING THE ISSUES OF
TRANSACTION
S.S.Saidjalolov
International Islamic Academy of Uzbekistan
Study of Islamic studies and Islamic civilization
Senior teacher of ICESCO department, PhD
https://doi.org/10.5281/zenodo.11651069
Abstract.
Maḥmūd Zamakhsharī is a great mufassir, mutakallim, jurist
who came from Movarounnahr. When the scientific, cultural and economic
situation in Mā Warāʾ al-Nahr was in decline, Maḥmūd Zamakhsharī served to
revive and restore science with selfless scientists. Ten of his works are known
today, and scientific researches on these works continue without stopping.
Key words:
Nuʿmān ibn Thābit, Maḥmūd Zamakhsharī, ibn Khallikān, Ḥājjī
Khalīfah, Muḥammad ibn Idrīs ash-Shāfiʿī, Ru’ūs al-masā’il, Tāj al-tarājim, al-
Aʻlām.
"Ruusul-Masail" was listed by Qazi Ibn Khallikon among the works of
Zamakhsharī in "Wafayat al-A'yan
1
". Khairuddin Zirikli "al-A'lam
2
" and Ibn
Qutlubgha "Taj at-tarojum
3
" have mentioned the same thing.Also, in the works of
Haji Khalifa "Kashf az-zunun" and Ismail al-Baghdadi "Hidayat al-arifin" they
gave information about the presence of "Ruusul-masail" written by
Zamakhshari.
It is noted in the sources that Maḥmūd Zamakhsharī had published works
under the name "Ruusul-masail" before some authors, especially those who
worked in the field of jurisprudence. According to the work "Kashf az-zunun",
Abul-Fath Salim ibn Ayyub ar-Razi, who was born in 447 Hijri, had a
jurisprudential work called "Ruusul-masail". Abulhasan al-Muhamili (born in
415 A.H.) also has a work of the same name, which mentions the reasons and
proofs of fiqh issues. It is also said that Imam Nawawi, who was born in 676
Hijri, had a work of the same name. However, "Ruusul-Masail" written by
Zamakhsharī is more famous than other works written under this name due to
the fact that it covers the issues related to the sects in Islam in a comparative
way, the concise expression method is used, and the book is written in an easy to
understand, fluent language. won and became the leader among the works
1
Qozi ibn Xallikon. Vafayot al-a’yon anbau abna az-zaman. – V:5.– Bayrut: Dor sodir,1997. – B.169.
2
Xayruddin az-Zirikliy. Al- Aʻlām. – V:7. – Dor al-ilm lil-malayin, 2002. – P.178.
3
Ibn Qutlubgha, Tāj al-tarājim fi tabaqotil-hanafiya.
. – V:1. – P.24
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written on "ilm al-khilaf", i.e. the summary method of comparative
jurisprudence.
The main theme of the work is to explain important jurisprudential issues
in a short and succinct manner within the framework of madhhabs. Of course,
the author's ability to find solutions to the issues and problems covered in this
comes from the depth of his knowledge.
The style of short and succinct presentation of issues is used in
jurisprudence, and it can be felt that the author Zamahashari was influenced by
such a "brief" style. The reason for using abbreviated method is also educational,
that is, to make it easier for students to learn and remember.
Researchers have recognized "Ruusul-Masail" as an important source for
the comparative study of sects. Although the work is wonderful, they
emphasized that it covers all fields of jurisprudence and explained it as follows:
will have enough information about their views. If a muntahi who has reached a
high level in science reads, he will remember what he learned about sects."
"Ruusul-Masail" is written in a comparative style, and it should be noted
that the author presents two, and in some cases, three sects' views on the same
issue. The work shows Zamakhshari's deep knowledge of issues related not only
to one jurisprudential sect, but also to other sects. Allama presented the proof of
each sect along with its issue.
"Ruusul-masa'il" "Book of Hajr" mentions 5 issues that are disputed
between the Hanafi and Shafi'i sects. The dictionary meaning of Hajr is absolute
prohibition. "Hajr" in Shari'i istilah means restricting ownership of something
through words. Another definition is: "Financially limiting ownership." In "Kanz
ad-daqoeq" it is defined as: "Hajr is a limitation in words, not in actions."
4
In the 197th issue of the book, Zamakhsharī notes the following:
"Restricting a free person from the ability to act is false in our opinion.
According to Shofei, it is permissible if a free person is a fool and a spendthrift”
5
.
Our argument in this matter is as follows: "Liberty and maturity are the two
reasons that prohibit the restriction of the capacity to act. If we restrict the
freedom and freedom of speech, the possibility (authority) given to him by
Sharia will disappear.
Imam Shafei documented the following in this matter: "If a person spends
foolishly, his case deserves consideration. The judge should restrict him from
entering into financial relations, so that his property does not go to waste. He is
4
Abul Barakot Abdulloh ibn Ahmad an-Nasafiy. Kanz ad-daqoiq. –Madina: Dar as-siraj, 2011. – P..571
5
Chester Beatty Library. CBL AR 3600. – P.53.
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treated like a smart, wasteful juvenile. The intended meaning is to protect
property from loss. Because the Prophet, peace and blessings be upon him,
forbade wasting wealth”
6
.
The approach of the Hanafi madhhab in this matter is relatively moderate
and advocates the freedom of the individual in terms of ensuring that a person is
free and free, emphasizing his high value, recognizing that it is not possible to
limit his legal capacity without a serious reason. shows that limot and Maḥmūd
Zamakhsharī successfully presented it.
In the "Book of Peace" of "Ruusul-Masail" two issues are mentioned which
are disputed between the Hanafi and Shafi'i madhhabs. In issue 201 of the book,
Zamakhsharī noted the following: "It is permissible for us to make a peace in the
case of denying the rights of others, but it is not permissible according to Shofei.
Our evidence in this matter is that peace is made to stop mutual enmity and
strife. If we say that there will be no truce regarding the denial of the claim, the
enmity in the middle will be prolonged, and the truce introduced by the Shariah
wisdom will lose its meaning.
7
.
Shafi'i substantiated his answer with a hadith narrated from the Prophet.
He said: "Peace is permissible if the halal is forbidden and the forbidden is not
halal, but it is not permissible if it is the other way around." The content
emphasized in the hadith is seen in this matter. This means that if one person
makes a claim to another, and if that person denies it, the denyer, usually the
claimant, offers a donation to make peace. If we allow a settlement between the
claimants for financial gain, it will be like bribery, and bribery is forbidden in the
Shariah.
It is obvious that the approach of the Hanafi sect in this matter paid more
attention to the reformation of people, to the elimination of mutual enmity,
enmity and disagreement.
In the book "Hawala" of "Ruusul-Masail" there is one issue that is disputed
between the Hanafi and Shafi'i madhhabs. Link means "move". In the term,
transfer means the transfer of a debt owed by one person to another person.
Alauddin Kosani in "Badai'" states that the sender transfers the obligation to
someone, and the receiver accepts it with the words meaning "I accept" and "I
agree". emphasized
8
.
6
Mahmud Zamaxshariy. “Ruus al-masail”. Nashrga tayyorlovchi: Abdulloh Nazir Ahmad. –Bayrut: “Dar al-bashair al-
islamiya”, 1987. – P.310.
7
Abdulhalim ibn Muhammad. Az-Zamaxshariyning Ruus al-masail asari ilmiy-tanqidiy matni. Sent-Endryus
universiteti (Shotlandiya), 1977. – P.242.
8
Alouddin Abu Bakr ibn Mas’ud al-Kosoniy. Badai’ as-sanayi’ fiy tartib ash-sharai’. – Beirut: Dor al-kutub al-ilmiya,
2003.J.7. – P.391.
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In issue 203 of the book, Zamakhsharī notes the following: "If a person who
takes on another's debt dies in poverty, unable to pay the debt, the debt returns
to its previous owner. He will not return to Shofei. Our evidence in this matter is
that the person who assumes the debt takes it with the intention of transferring
it to the owner, and if he dies bankrupt, he will be deprived of the opportunity to
transfer the right to the owner. Then the obligation of the person who
transferred the debt will return to him
9
.
Shofeiy proved his point of view on this issue as follows: "The original
meaning of the word Hawala comes from the expression of moving an eggplant
from its place. It means pulling out the eggplant and moving it to another place.
Then its original place will be free. It is the same here: A man was bound by this
debt. The fact that the owner of the right has accepted the debt of the debtor
means that he has agreed to discharge the debt of the debtor. With this, the one
who accepted the debt becomes responsible. Don't you see, now a loan is
demanded from him. If we say that the responsibility of the debtor returns to
him after he is discharged from the debt, this will lead to a change of reality."
In this matter, the approach of the Hanafi madhhab aims to deeply
understand the situation of a person who undertakes his obligation in order to
help people, and if he is unable to fulfill this obligation, he should be relieved of
his responsibility. This approach is socially significant as it provides legal
support to sponsors to save debtors.
In the "Book of Earthliness" of "Ruusul-Masail" there is an issue that is
disputed between the Hanafi and Shafi'i madhhabs. To be a guarantor means to
be a guarantor, to undertake. In the jurisprudential sources of the Hanafi school,
for example, in Al-Hidaya, the chapter on zamin is included in the "Book of
Guaranty"
10
. Maḥmūd Zamakhsharī presented this chapter in the form of a
separate "Book of Zaminlik". In problem 204 of the book, Zamakhsharī noted the
following: "According to us, it is permissible to take an uncertain thing as a
surety, but it is invalid according to Shofei. Our evidence in this matter is that the
peace agreement and the guarantee were established in order to eliminate the
enmity between the parties. Don't you see, if such and such person says that I am
responsible for the money he has to pay you, then this guarantee is correct, even
though the nature of the guarantee is unknown, that is, unknown. Shofei says:
Guaranty and guarantee are meant to stop enmity
11
,, if we say that guarantee is
9
Chester Beatty Library. CBL AR 3600.– P..50.
10
Burhoniddi Marg‘inoniy. Al-Hidoya (Sharh bidoyat al-mubtadiy). –Madina: Dar as-siroj, 2019. J.5.– P.: 52.
11
Abdulhalim ibn Muhammad. Az-Zamaxshariyning Ruus al-masail asari ilmiy-tanqidiy matni. Sent-Endryus
universiteti (Shotlandiya), 1977. – P.99.
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possible in an uncertain matter,it will lead to prolongation of enmity and it is not
permissible to do so. Shofei says: Guaranty and surety are meant to stop enmity.
If we say that guaranty is possible in something uncertain, it will lead to
prolonging enmity, and it is not permissible to do so.
The approach of the Hanafi sect in this matter is important in ensuring the
stability of the society by forming a legal basis for those who help the debtors in
order to eliminate the differences and conflicts between people, even though the
debt is clear and uncertain.
