Sakk (the written instrument of a deal or claim: the duty to write it, the fee for writing, a judge relying on his own hand, testimony on a document, and documents accepted by custom)

الصَّكّ

A sakk is the written instrument in which dealings, acknowledgements and the facts of a claim are recorded. It differs from the register (sijill), which holds a judge's ruling, and from the minutes (mahdar), which record what passed between the two parties. The Shafi'is hold that writing instruments is a communal duty in every financial and other transaction. For the Shafi'is the judge is not personally bound to write them; the Hanbalis bind him when a party with an interest asks and supplies the paper. Most jurists allow a fee for writing, and the fee for the paper comes from the treasury when there is one. A judge may not rely on the bare hand of a document unless he recalls the facts, but Abu Yusuf, Muhammad and one view of Ahmad allow it when it is sealed and kept in his keeping. The Hanafis except instruments that custom accepts on their writing alone, such as official orders, the books of traders and money-changers, and old endowment deeds. 1 2 3 4

Depth

At a glance

Era
The Prophetic Era
Region
Global / Diaspora
Review
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Trade and finance

Definition and related terms

A sakk is the written instrument in which dealings, acknowledgements and the facts of a claim are recorded. It differs from the register (sijill), which holds a judge's ruling, and from the minutes (mahdar), which record what passed between the two parties without a ruling. 1

The duty to write

For the Shafi'is, writing instruments and registers is a communal duty in every financial transaction and in others; the judge is not personally bound to write them. The Hanbalis bind him when a party with an interest asks and supplies the paper. The Hanafis and Malikis recommend it when the paper is from the treasury or available. 2

Fees

Most jurists allow a fee for writing instruments and documents. A writer may not charge more than he deserves when people are compelled to use him, and the price of the paper is from the treasury, or else from the one who asks for the writing. 2 3

Relying on the hand

Most jurists hold that a judge may not rely on the bare hand of a document unless he recalls the facts; Abu Yusuf, Muhammad and a view of Ahmad allow acting on it when it is kept sealed under the judge's hand. 3

Testimony about a judge's instrument

If two just witnesses testify that an instrument is in the judge's hand and records his ruling, the Shafi'is and Abu Hanifa do not rely on it unless he recalls the matter; the Malikis, Hanbalis, Abu Yusuf and Muhammad accept the testimony and give effect. 4

Instruments that custom accepts

The Hanafis exempt instruments that custom accepts on their writing alone, such as official letters patent, the registers of traders, money-changers and brokers, and old endowment deeds. 4

People and things also explored

Al-Madina Souq, Aleppo· Bazaar of Tabriz· Khan el-Khalili· Al-Hamidiyah Souq· Souq Waqif· Ajr al-mithl (customary wage)· Akhi Baba (title of the guild shaykh and tanners' head)· Akik (the cornelian stone, used in seal-rings)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.10408
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.10409
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.10410
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.10411
Cite this page

islam.museum contributors. “Sakk (the written instrument of a deal or claim: the duty to write it, the fee for writing, a judge relying on his own hand, testimony on a document, and documents accepted by custom)”. islam.museum, https://islam.museum/en/concept/written-instrument-sakk/. CC BY-SA 4.0. Last updated 2026-10-23.

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Al-Madina Souq, Aleppo

The world's longest historic covered souq (13 km) in old Aleppo; a large part burned in the 2012 fighting and has been restored.