Tasarruf (a legal disposition: act or statement by one's will)

A tasarruf is what proceeds from a person by his will and on which the law builds various rulings. ¹

The jurists give no general definition; it is understood from their words as what comes from a person by his will. ¹ An obligation is a person binding himself to what was not already binding on him, and is wider than the disposition in its sense of will. ^{1 2} A contract is the joining of offer and acceptance so that it has effects. A tasarruf is wider than a contract in both senses, since it may involve no obligation, as theft and seizure. ²

A tasarruf is either an act, such as seizure, receiving the price and delivering the goods, or a statement. ² A statement is either a contract, which needs the agreement of two wills, such as hire, sale, marriage or agency, or a non-contractual statement. ² The non-contractual is of two kinds: one carries a creating will and a settled resolve to create, end or waive a right, such as an endowment, a divorce, a release and an oath; the other is pure, with no will, such as a claim or an acknowledgement. ³

It covers acts of worship such as prayer, zakat, fasting and pilgrimage; exchanges such as sale, settlement, hire, marriage and khul; gifts such as endowment, gift and charity; restrictions such as interdiction and taking back a divorced wife; obligations such as surety, guarantee and assignment; waivers such as divorce and manumission by will; authorisations such as licensing a slave to trade; authorities such as judgeship and the imamate; proofs such as acknowledgement, testimony, oath and pledge; and wrongs such as seizure, theft and offences against persons. ³

The conditions of its validity and effect are not treated here; they belong in the entry for each kind. ³