Shari
Etymology and Definitions
Shari (Arabic: شاري, Turkish: Alıcı) is derived from the word Shira (Arabic: شراء), which means “sell,” “vend,” or “buy.” In classical legal terminology, Shari refers to both the seller and the buyer. However, in contemporary legal discourse, it exclusively refers to the buyer. An alternate term that sometimes appears in legal literature is Mushtari (مشتري), which also means buyer.
Classical and Modern Legal Usage
In classical Islamic jurisprudence (Fiqh), Shari plays a critical role in commercial transactions, and the buyer’s rights and obligations are meticulously detailed. The discourse historically covers aspects such as warranties, options (Arabic: خيار, Khiyar), and the rights that benefit the buyer. One of the fundamental principles includes the stipulation that the risk of loss typically remains with the seller until the buyer takes possession.
In modern legal contexts, the rights and protections of the Shari are further elaborated. Key provisions include:
- Right to Inspection: Before finalizing a sale, a buyer (Shari) has the legal right to inspect the item. This ensures that the purchased item meets the described standards and conditions.
- Implied Warranty of Merchantability: The buyer enjoys an implied warranty ensuring that the sold goods are fit for their intended purpose and free from significant defects.
Further Studies
For those interested in diving deeper into the topic of Shari and its applications in Islamic law, the following books are recommended:
- “Islamic Law: Theory and Practice” by Mashood Baderin.
- “Principles of Islamic Jurisprudence” by Muhammad Hashim Kamali.
- “An Introduction to Islamic Law” by Wael B. Hallaq.
Takeaways
- Shari has evolved from referring to either the seller or buyer in classical Fiqh to exclusively representing the buyer in modern legal contexts.
- Islamic commercial law provides thorough provisions that safeguard the rights of the buyer, including inspection rights and implied warranties.
- Understanding Shari adds significant value to the comprehension of extensive Islamic legal systems governing commerce and trade.
Conclusion
Shari reflects the dynamic nature of Islamic legal terms, adapting from classical to modern interpretations while still retaining its fundamental principles rooted in fairness and comprehensive legal protections. This entry highlights the nuanced understanding required to appreciate the historical depth and contemporary realities of Islamic commercial law.
