Marriage and Commerce in Al-Wajiz

Al-Ghazali's coverage of marriage and commercial transactions in Al-Wajiz presents the essential Shafi'i positions in the compact format that has made this work a standard teaching text. His treatment reflects the Shafi'i school's careful attention to the conditions of contract validity and the ethical framework governing personal and commercial relations.

Marriage in Al-Wajiz requires the wali, two witnesses, offer and acceptance, and a specified bride. Al-Ghazali presents these conditions without the detailed evidential discussion found in the larger works but with enough clarity for the student to apply them. He notes briefly the categories of prohibited marriages — permanent prohibitions based on lineage, milk kinship, and affinity — and the temporary prohibitions such as simultaneous marriage to two sisters.

The mahr is treated as an obligation established by Allah's command. Al-Ghazali notes that the Shafi'i school sets no minimum — anything of monetary value qualifies — and that if no mahr is specified in the contract, the wife is entitled to mahr al-mithl (customary dower). The wife's right to withhold marital access until the mahr is paid in full (or part, depending on agreement) is noted as a recognized right in Shafi'i law.

Divorce and its types are treated concisely. Revocable divorce (talaq raj'i) allows the husband to take the wife back during the 'iddah without a new contract. Irrevocable divorce (talaq ba'in) requires a new contract and new mahr to remarry. The triple divorce — whether in one sitting or across three separate instances — produces the major irrevocable divorce (ba'in kubra) requiring an intervening marriage before the couple may remarry. Al-Ghazali notes the Shafi'i position that three pronouncements in one sitting count as three.

In commercial transactions, al-Ghazali presents the Shafi'i conditions for a valid sale with precision: two parties with legal capacity, a specific commodity that exists and is owned by the seller, a known price, and a proper offer and acceptance. He notes the prohibition of gharar (excessive uncertainty) and gives the classic examples of prohibited sales: selling fish in water, selling birds in the sky, selling the output of a dive before the diver enters the water.

The prohibition of riba is stated as absolute and its categories explained: riba al-fadl (excess in same-commodity exchange among the six ribawi items) and riba an-nasi'ah (delay in exchange of ribawi items). Al-Ghazali adds a third category discussed in the Shafi'i school: riba al-yad (hand-to-hand delay, even without amount excess). The six ribawi items can only be exchanged among their own type in equal amounts and on the spot — any variation produces riba.

Al-Ghazali closes Al-Wajiz's commercial section with a reminder that Islamic commerce is more than legal compliance — it is a domain of moral conduct and spiritual accountability. The Muslim merchant who deals honestly, honors their contracts, avoids the forbidden, and pursues lawful profit is engaged in an act of worship. Al-Ghazali's broader vision — articulated most fully in Ihya' 'Ulum ad-Din — is that every domain of life, including commerce, can and should be a means of drawing closer to Allah through excellence of character and adherence to His guidance.