Menschenrechtsgarantien in Handelsverträgen in „Ifriqiya“ während der Zeit des Juristen Al Maziri: Eine historische Studie zu seinen „Fatwas“

Published: 2020
IFHV „Humanitäres Völkerrecht“, Journal of International Law of Peace and Armed Conflict, pages 7-19


‘Fatwas’ are non-binding legal opinions on a point of Islamic law (sharia) by a qualified jurist in response to variant issues of a society, including that of respecting human rights in commercial transactions. The renowned jurist, Al Maziri, had reconditioned the Maliki ‘fatwas’ concerned with the lives of people in African countries during his era. This contributed to restoring the value of the contract and its legislative content, which provided guarantees and rights to the contracting parties in commercial transactions. Since ‘fatwas’ are responses to societal issues, they act as a reflective mirror of the changes to such issues over time and decades. This historical study, based on a set of jurisprudential and historical sources, aims to identify the extent of Al Maziri’s inf luence through his ‘fatwas’ on adjusting commercial transactions in African countries during his time.