A Research-Based Analytical Study of Legal Principles in Badāʾiʿ al-Ṣanāʾiʿ: In the Context of Kitāb al-Kafāla, al-Ḥawāla, al-Wakāla, al-Ṣulḥ, and al-Sharīka

Abstract

This research-based analytical study examines the legal principles articulated in Imam al-Kāsānī’s Badāʾiʿ al-Ṣanāʾiʿ, focusing on the selected chapters of Kitāb al-Kafāla (suretyship), al-Ḥawāla (transfer of debt), al-Wakāla (agency), al-Ṣulḥ (conciliation), and al-Sharīka (partnership). The study investigates the sources, interpretations, and methodological approaches employed by Imam al-Kāsānī in formulating rules within the Hanafi legal framework. It analyses the jurisprudential foundations of these principles and explores their historical development alongside the scholarly debates they generated. Furthermore, the research highlights the continued relevance of these principles in addressing contemporary legal and socio-economic issues, particularly within Islamic banking, contractual law, and dispute resolution. By situating Imam al-Kāsānī’s contributions within both the classical Hanafi tradition and modern applications, the study demonstrates the intellectual depth, adaptability, and enduring significance of Badāʾiʿ al-Ṣanāʾiʿ in the evolution of Islamic jurisprudence.