them brings ease to these areas as a whole. For you find that many who discuss these matters rely either on wording that has reached them, which they suppose to be general or unrestricted, or on some form of analogy based on meaning or resemblance.

May Allah be pleased with Ahmad, who said:

“Anyone discussing jurisprudence should avoid these two bases: ambiguous wording and analogy.”

He also said: “Most people’s errors arise from interpretation and analogy.” Such reliance then leads to positions that cannot possibly be followed.

Matters falling within this category include the sale of debts—whether arising from advance-payment sales or otherwise—various forms of settlement and agency, and other transactions. Were our purpose not to set out comprehensive principles encompassing several areas, we would have mentioned various examples of this.

Section

The Third Principle

Concerning contracts and their stipulations: which are lawful or unlawful, and which are valid or invalid. The questions falling under this principle are exceedingly numerous.

Two positions on this subject can be set out systematically:

The first is that contracts, their stipulations, and similar matters are prohibited by default, except where Islamic law has expressly permitted them. This is the position of the literalists, and many of Abū Hanīfa’s principles rest upon it, as do many of al-Shāfiʿī’s principles and those of