Sarakhsi: Concepts of Treaties and the Doctrine of Juristic Preference in Islamic Jurisprudence

For the first time, the pertinence of Sarakhsi's thought as well as the import of his doctrine of juristic preference and his treatment of the subject of Muwada (treaties) have become the subject of a thorough and critical research. Sarakhsi is known to have spent time of confinement dictating to his students his most important works, among which are the Mabsut, the Usul, and Sharh al-Siyar al-Kabir. In Sarakhsi, Husain Kassim analyzes these works, showing Sarakhsi's originality in his approach to the doctrine of juristic preference, which seeks to reconcile and resolve conflicts in the Muslim world as well as widens and enriches the scope of Islamic jurisprudence concerning mutual relations with other nations. Testifying to Sarakhsi's importance in the development of Islamic jurisprudence, Kassim's study provides a penetrating introduction to the thought and work of Sarakhsi as well as to principal tenets of Islamic jurisprudence that will be of interest to both scholars and practitioners.