Revitalizing Al-Mu‘āṭah: Shāfi’ī Perspectives On Non-Verbal Transactions In Shari’ah Trade Law

Abstract

Buying and selling have been fundamental practices in human societies for centuries, serving as a means for people to exchange goods and services. Within the framework of Shari’ah (Islamic law), these practices were not abolished but rather enhanced with principles of justice and mutual benefit. However, the debate among Islamic jurists (fuqaha) regarding al-mu‘āṭah—a transaction conducted without explicit verbal exchange—raises questions about its validity under Shari’ah. Some jurists argue that mutual consent implied through actions is sufficient, while others insist that clear verbal expressions are necessary to prevent ambiguity and ensure the legitimacy of the contract. This study aims to explore and clarify the arguments among jurists regarding the validity of al-mu‘āṭah, specifically within the Shāfi’ī school of thought. Using a qualitative methodology, the research draws on classical and contemporary Islamic sources to analyze the concept from both jurisprudential and practical perspectives. The findings reveal that while al-mu‘āṭah has been endorsed by notable scholars like al-Imam al-Nawawī, concerns about its potential flaws have also been raised by later jurists such as Ibn Hajar and Al-Ramli. Ultimately, this study highlights the ongoing relevance of al-mu‘āṭah in modern commerce and the adaptability of Islamic jurisprudence in addressing contemporary transactional practices.