The Rulings of Uncommon Documentary Phrases in Maliki Jurisprudence (Ancient Contracts in the City of Zliten as a Model): An Applied Jurisprudential Study

Abstract

This study examines the uncommon expressions used by ancient notaries in the city of Zliten and analyzes their impact on the validity of contracts and legal rulings within the framework of the Mālikī school of jurisprudence. The research employs descriptive, analytical, comparative, and historical methodologies to trace the linguistic and jurisprudential development of documentation practices in Libya. It focuses on practical examples from contracts such as maghārasa (planting partnership), sales, wills, and gifts, highlighting the interaction between language, Islamic law, and local customs in shaping contractual terminology. The findings reveal that the Mālikī madhhab played a decisive role in forming Zliten’s documentary language, while certain customary terms—such as al-shahma, the mature child, and a handful of copper coins—can invalidate contracts due to their deviation from legal precision. The study concludes by emphasizing the need to standardize documentary terminology and train modern notaries in accurate Mālikī expressions to ensure justice and safeguard rights.