Master’s thesis defense on “That Which Is Described as Invalid (Fāsid) According to the Ḥanafīs.”
Under the patronage of the President of the University of Fallujah, Prof. Dr. Ahmed Suleiman Hamad, and under the supervision and follow-up of the Dean of the College of Islamic Sciences, Prof. Dr. Mohammed Jassim Abd, the public defense of the Master’s thesis submitted by the student Rahma Abdul Hussein from the Department of Sharia – College of Islamic Sciences / University of Fallujah was held at noon on Monday, 11/5/2026.
The thesis, entitled:
“That Which Is Described as Invalid (Fāsid) According to the Ḥanafīs in Tuhfat al-Fuqahāʾ by al-Samarqandī (d. 539 AH): The Book of Transactions – A Comparative Jurisprudential Study,”
took place in the central hall of the College of Islamic Sciences.
The examination committee consisted of the following professors:
- Prof. Dr. Hatim Abdullah Shuwaish — Chair
- Assist. Prof. Dr. Ashwaq Saeed Raddini — Member
- Assist. Prof. Dr. Mohammed Adel Shafi — Member
- Prof. Dr. Ali Hussein Abbas — Member and Supervisor
Objectives of the Thesis:
This thesis aims to compile a number of issues in which the ruling of fasād (invalidity) appears according to the Ḥanafīs in Tuhfat al-Fuqahāʾ by al-Samarqandī (d. 539 AH), within the section on transactions, and to examine them through a comparative juristic study across the eight schools of Islamic law. This is due to the lack of conceptual clarity surrounding fasād among many jurists and its frequent conflation with buṭlān (nullity).
Key Findings:
The study reached several conclusions, the most important of which are:
- The concept of fasād among the Ḥanafīs represents a precise intermediate category between nullity and full validity.
- A defective (fāsid) contract does not always necessitate rectification, as the term fāsid is sometimes used interchangeably with bāṭil (void).
- The rectification of a defective contract, according to the Ḥanafīs, does not contradict Islamic legal principles, but rather operates within the regulatory framework of Islamic law.
Following an in-depth discussion by the examination committee, the thesis was accepted with the grade..
#Media_and_Government_Communication_Division
