Commercial and Family Law in Sharh Muntaha al-Iradat

Al-Buhuti's treatment of commercial and family law in Sharh Muntaha al-Iradat reflects the Hanbali school's distinctive approach: deep engagement with the prophetic sources, wariness of innovations not clearly grounded in evidence, and — particularly in commercial law — a notable flexibility in recognizing commercially necessary contracts that serve genuine human needs.

The sale (bay') sections of Sharh Muntaha present the Hanbali conditions for valid contracts and the school's positions on the major contract types. Al-Buhuti addresses the Hanbali school's treatment of the mu'atah (transaction by conduct, without explicit verbal offer and acceptance) — the Hanbali school, influenced by Ibn Taymiyyah's analysis, is more willing than some other schools to recognize contracts concluded by conduct alone in circumstances where this is the established commercial custom.

The treatment of riba in Sharh Muntaha engages with the Hanbali school's positions on the ribawi goods and the 'illah that extends riba restrictions. Al-Buhuti presents the standard Hanbali position on gold and silver (that their special status as monetary metals means that any exchange of gold for gold or silver for silver must be equal and immediate, regardless of form or quality) and extends the analysis to currency and commercial instruments.

The sections on endowment (waqf) in Sharh Muntaha are among the most detailed in the work, reflecting the Hanbali school's historically important role in the legal development of the Islamic charitable endowment. The Hanbali school permits a wide range of waqf arrangements — more flexibly than some other schools — and al-Buhuti addresses the conditions for valid waqf, the permissible purposes, the management of waqf assets, and the conditions under which waqf may be modified or dissolved.

Marriage law in Sharh Muntaha presents the Hanbali school's positions on nikah with the same thoroughness found in Kashshaf al-Qina. Al-Buhuti addresses the guardian requirement, the mahr, and the conditions for valid marriage consent. The Hanbali school's permission for conditions (shurot) in the marriage contract is addressed in detail — including the condition that the husband not take a second wife, not move the wife from her hometown, or not prevent her from continuing her occupation. These stipulations, when validly included in the contract, are binding on the husband.

The sections on divorce in Sharh Muntaha cover talaq, khul', and judicial annulment. The treatment of triple divorce — three pronouncements of talaq in one session — affirms the Hanbali position that this constitutes an effective triple divorce, consistent with the position of most classical Sunni scholars and of the Hanbali school's transmitted rulings. Al-Buhuti also addresses the treatment of divorce during illness (to prevent the wife from being disinherited) and the conditions under which divorce is revocable or irrevocable.

Sharh Muntaha al-Iradat, taken together with Kashshaf al-Qina, represents al-Buhuti's lasting contribution to Hanbali scholarship: the definitive systematization of the school's positions in a form that remains indispensable for contemporary Hanbali legal practice and education.