A Thematic Study of Kitāb al-Buyū in Al-Sunan al-Arbaʻah

کتاب البیوع(سنن اربعہ) کی روایات کا موضوعی مطالعہ

Abstract

This study explores the foundational principles of Kitāb al-Buyūʿ (Book of Sales) within Islamic jurisprudence and examines their relevance and application in contemporary economic systems. Islamic commercial law presents a comprehensive framework that regulates trade through ethical, legal, and spiritual dimensions, emphasizing justice, transparency, and mutual consent. The research begins by analyzing the classical concept of bayʿ (sale), highlighting its essential elements such as ownership, risk, and liability, which collectively distinguish lawful trade from prohibited financial practices like ribā (usury).  Furthermore, the study investigates the conditions and classifications of valid and invalid sales, including the prohibition of gharar (uncertainty), fraud, and exploitative transactions. It also discusses permissible modes of trade such as murābaḥah, salam, and istisnāʿ, which have been adapted in modern Islamic finance to meet contemporary economic needs while maintaining Shariah compliance.  A significant portion of the paper is dedicated to analyzing modern financial practices, including Islamic banking, digital commerce, and online transactions. It evaluates emerging issues such as e-commerce, deferred payment systems, and financial engineering tools, emphasizing the need to align these developments with classical juristic principles. The study argues that Islamic commercial law, due to its inherent flexibility and principled foundation, offers viable solutions for modern economic challenges, particularly in ensuring ethical financial conduct and social justice. Ultimately, the research demonstrates that the principles of Kitāb al-Buyūʿ are not confined to classical contexts but remain dynamically applicable, providing a robust framework for guiding contemporary commercial practices in an increasingly complex global economy.