What is due when a person admits liability for Dirhams without specification (absolute term)?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a person admits liability for Dirhams absolutely in a locale where the standard Dirhams are deficient in weight—such as in Tabariyyah or Khwarizm (where a Dirham equals four or four and a half Dananiq, respectively), or in Makkah or the Maghrib (where Dirhams are deficient)—or if the Dirhams in that location are adulterated, such as in Egypt or Mosul, or if he admits liability for Dinars in a land where the Dinars are adulterated, one legal opinion holds that he is obliged to pay the standard Dirhams and Dinars of that specific locality. This is because an absolute statement regarding currency is understood according to the local customary practice, similar to how it applies in sales and pricing.

Supporting text

The alternative opinion holds that the debtor is obliged to pay the pure, unadulterated standard currency. This is because the absolute term 'Dirhams' in Sacred Law refers to the pure standard, evidenced by its use in determining the *nisab* (threshold) for Zakat and the amounts for blood money (*Diyyat*). The analogy to sales fails because sales involve an immediate obligation localized to the place of transaction, whereas an admission (*Iqrar*) is a report of a prior right, which therefore reverts to the standard Dirhams of Islam.