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A Jurisprudential Study of Tawabi al-Mabi in Islamic Commercial Law
Dr. Rizwan Ali, Dr. Mahmood Ahmad
Abstract:
This study investigates the Sharīʿah status of tawābiʿ al-mabīʿ (the appurtenances or accessories of a sold object) in commercial transactions, with reference to the opinions of classical and contemporary jurists. Many commodities, such as houses, agricultural land, vehicles, livestock, and modern technological devices are accompanied by subsidiary items whose legal ownership after sale often becomes a matter of dispute. The research analyzes how Islamic jurisprudence determines whether such subsidiary items are automatically included in a sale contract or remain excluded unless explicitly stated. Drawing upon classical fiqh literature, foundational texts such as Ṣaḥīḥ al-Bukhārī, Sunan Ibn Mājah, al-Mawsūʿah al-Fiqhiyyah al-Kuwaitiyyah, and the principles codified in Majallat al-Aḥkām al-ʿAdliyyah, the study identifies three decisive factors in determining inclusion: (1) explicit textual evidence of Sharīʿah, (2) contractual stipulation made by mutual consent, and (3) prevailing ʿurf (custom) of a region or market. Contemporary scholars further extend these rules by outlining practical criteria for identifying inseparable components, essential accessories, and permanently attached fixtures of the sold item. The study concludes that the determination of tawābiʿ relies primarily on a combined application of text, contractual condition, and customary practice. Where textual guidance is absent and no condition is stipulated, ʿurf serves as the decisive standard for resolving disputes. This framework provides a comprehensive basis for addressing modern commercial cases involving real estate, agricultural properties, machinery, vehicles, and digital devices.
Keywords:
Tawabi al-Mabi, Islamic Commercial Law, Shariah Rulings on Sales, Contractual Stipulation (Shart), Accessories and Fixtures in Transactions
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