مناهج مركز فقهاء (المذهب المالكية)
Fiqh (Islamic Jurisprudence) Definition Linguistically Understanding
This PDF is generated automatically from the book's text; its layout may differ from the printed edition.
Fiqh (Islamic Jurisprudence)
Definition
Linguistically
Understanding
Shar‘i (legally)
Knowledge of the matters of the religion
Technically
Knowledge of the subsidiary rulings of the Shariah
Main topic
The actions of the slaves in terms of how the Shariah rulings apply to them
Its merit
Merit of Shariah knowledge in general
Merit of Fiqh knowledge in particular
Ibn Al-Jawzi said: “The greatest proof of something's merit is to look at its fruit, and whoever contemplates the fruit of learning Fiqh, knows that it is the best of all branches of knowledge.”
Its sources
Ruling on learning it
What is obligatory to learn on each individual
What is obligatory to learn on a communal basis
Researchers and authors adopted various approaches to classify the stages and phases that Fiqh has gone through. Some have divided it into six stages, while others have added more. However, I have found the quadruple division to be the most suitable for mental organization and for achieving the objectives of this course, with further subdivisions:
Stages of Fiqh
Stage of Legislation (up to 11 AH)
Pre-Schools of Thought (Madh'habs) Stage (up to approximately 100 AH)
Stage of Schools of Thought (up to approximately 1300 AH)
The Present Era (from 1300 AH approximately)
With the beginning of the mission of the Prophet (ﷺ), the Islamic legislation started and continued until he (ﷺ) passed away. The features of this stage are clarified through the following:
Stage of Legislation
Date
Starting from the mission of the Prophet (ﷺ) up to his demise
The Makkan era
Focus on the fundamentals of religion
Few detailed legislations
Madinan era
Continued emphasis on the fundamentals of religion
Legislation of detailed rulings
Legislation sources
The Qur’an
The Sunnah
Initiatial
Due to a question
Due to a reason
Features
Legislation specific to this stage
Limited scope of differences
Gradualness of legislation
in legislating rulings
in legislating a single ruling
Training the Companions on personal reasoning (Ijtihād)
After the demise of the Prophet (ﷺ), legislation ceased, but Fiqh did not. The Companions (may Allah be pleased with them) inferred rulings from the Qur’an and the Sunnah and issued fatwas to the people. Among the Companions were several jurists from whom Fiqh and Fatwa were transmitted, albeit with different amounts in abundance. Subsequently, a group of jurists from among the Tābi‘īs emerged, who had acquired Fiqh knowledge from the Companions (may Allah be pleased with them). The category of the Companions and the Tābi‘īs formed a stage preceding the development of the Fiqh Madh'habs:
Pre-schools of thought (Madh'habs) stage
The era of the Companions
The era of the Tābi‘īs
Sources of Fiqh in this stage
Narrated traditions
Musannaf ‘Abdur-Razzāq
Musannaf Ibn Abi Shaybah
Al-Awsat by Ibn Al-Mundhir
Non-narrated traditions
Books on comparative Fiqh
Those from whom Fatwas were transmitted among the Companions of the Messenger of Allah (ﷺ) were 130 individuals.
Those with an abundant record
The Fatwas of each one of them could form a massive volume.
‘Umar, ‘Ali, Ibn Mas‘ūd, ‘Ā’ishah, Zayd, Ibn ‘Abbās and Ibn ‘Umar (may Allah be pleased with them).
Those with a medium record
The Fatwas of each one of them could form a very small volume.
Abu Bakr, ‘Uthmān, ’Umm Salamah, Anas, Abu Sa‘īd, Abu Hurayrah, ‘Abdullah ibn ‘Amr, Ibn Az-Zubayr, Abu Mūsa, Jābir, Mu‘ādh, Sa‘d ibn Abi Waqqās, and Salmān (may Allah be pleased with them).
Those with a small record
After thorough investigation and research, all of their Fatwas could only be compiled into a small volume.
They include: Abu Ad-Dardā’, Al-Hasan and Al-Husayn, ’Ubayy ibn Ka‘b, Abu Ayyūb, Asmā’, Zayd ibn Arqam, Thawbān, Buraydah...(may Allah be pleased with them)
(Fiqh and knowledge has spread among the Muslim nation through the companions of Ibn Mas‘ud, the companions of Zayd ibn Thābit, the companions of ‘Abdullah ibn ‘Umar, and the companions of ‘Abdullah ibn ‘Abbās.) Ibn Al-Qayyim
Fiqh Schools of the Companions
Madīnah
Zayd ibn Thābit
Ibn ‘Umar
Makkah
Ibn ‘Abbās
Iraq
Ibn Mas‘ūd
‘Ali ibn Al-Madīni said: None of the Companions had students who memorized his tradition and widely spread his opinions in Fiqh except three: Zayd, ‘Abdullah, and Ibn ‘Abbās. (As-Siyar by Adh-Dhahabi 4/55, in the biography of ‘Alqamah ibn Qays.)
Muhammad ibn Jarīr said: None had well-known companions who wrote down his Fatwas and chosen opinions in Fiqh except Ibn Mas‘ūd. He used to give up his chosen opinion for the opinion of ‘Umar, hardly disagreeing with him in any of his adopted opinions, and he would give up his own opinion to his opinion.
Ash-Sha‘bi said: ‘Abdullah would not observe Qunūt (supplication in prayer). He said: If ‘Umar had observed it, ‘Abdullah would have observed it. (I‘lām Al-Muwaqqi‘īn 1/16)
Religion, Fiqh, and knowledge spread throughout the Muslim nation through the companions of Ibn Mas‘ūd, the companions of Zayd ibn Thābit, the companions of ‘Abdullah ibn ‘Umar, and the companions of ‘Abdullah ibn ‘Abbās. The knowledge that the people learned was mostly transmitted by the companions of these four. As for the people of Madīnah, they acquired their knowledge from the companions of Zayd ibn Thābit and ‘Abdullah ibn ‘Umar. The people of Makkah learned from the companions of ‘Abdullah ibn ‘Abbās, and the people of Iraq learned from the companions of ‘Abdullah ibn Mas‘ūd.
Ibn Jarīr said: It has been said that Ibn ‘Umar and a group of the Companions of the Messenger of Allah (ﷺ) who lived in Madīnah after him (Ibn ‘Umar) used to issue Fatwas based on the opinions of Zayd ibn Thābit, and what they had learned directly from him, concerning issues about which they had not memorized a statement from the Prophet (ﷺ). (I‘lām Al-Muwaqqi‘īn 1/17)
Jurisprudence during the era of the Tābi‘īs
Madīnah
The Seven Jurists
Sālim
Nāfi‘
Az-Zuhri
Makkah
‘Atā’
Tāwūs
Mujāhid
‘Ikrimah
Basra
Al-Hasan Al-Basri
Ibn Sīrīn
Abu Qilābah
Qatādah
Kūfa
‘Alqamah then his student Ibrāhīm
Masrūq
‘Ubaydah
Shurayh Al-Qādi
The Four Imams
Abu Hanīfah
80 AH
150 AH
Mālik
93 AH
179 AH
Ash-Shāfi‘i
150 AH
204 AH
Ahmad
164 AH
241 AH
Fiqh Schools of the Companions and their extensions
Madīnah
Zayd ibn Thābit 45 AH
Ibn ‘Umar 73 AH
Nāfi‘ 117 AH
Sālim 106 AH
Az-Zuhri 124 AH
Mālik 179 AH
Ash-Shāfi‘i 204 AH
Ahmad ibn Hanbal 241 AH
Makkah
Ibn ‘Abbās 68 AH
‘Amr ibn Dīnār 126 AH
Sufyān ibn ‘Uyaynah 198 AH
Iraq
Ibn Mas‘ūd 32 AH
‘Alqamah 62 AH
Ibrāhīm 96 AH
Hammād 120 AH
Abu Hanīfah 150 AH
Muhammad ibn Al-Hasan 189 AH
Some of the imams of extinct Madh'habs
What does extinction mean? What are its reasons?
Al-Hasan Al-Basri 110 AH
Sufyān Ath-Thawri 161 AH
Al-Awzā‘i 157 AH
Al-Layth ibn Sa‘d 175 AH
Sufyān ibn ‘Uyaynah 198 AH
Is'hāq ibn Rāhawayh 238 AH
Abu Thawr 246 AH
Ibn Jarīr At-Tabari 310 AH
Abu Hanīfah
Name and lineage
An-Nu‘mān ibn Thābit. His origin was disputed, some said he was Persian and others said he was an Arab.
Date of Birth and Death
80 AH-150 AH. He met Anas ibn Mālik.
Worship and piety
It is reported through two ways (of transmission) that Abu Hanīfah read the entire Qur’an in one Rak‘ah.
Abu ‘Āsim An-Nabīl said: Abu Hanīfah used to be called "Al-Watad", i.e., the stake, because he was very frequently seen standing in prayer.
Once, a man said to Abu Hanīfah: “Fear Allah!” He stood up abruptly, turned pale, lowered his head and said: “May Allah reward you! People are always in need of someone to say to them such things.”
Knowledge and Intelligence
Mālik was asked: “Did you see Abu Hanīfah?” He replied: “Yes, I saw a man who, if he were to argue with you about this pillar being gold, he would provide evidence for it.”
Ibn Al-Mubārak said: “Abu Hanīfah is the most knowledgeable of people in Fiqh.”
Ash-Shāfi‘i said: “All people are dependent on Abu Hanīfah in Fiqh.”
History of the Hanafi school of Fiqh
and its well-known men
Emergence and formation phase
(Until 204 AH)
Abu Hanīfah
Abu Yūsuf
Muhammad ibn Al-Hasan
In principle
Zufar ibn Al-Hudhayl
Al-Hasan ibn Ziyād
Expansion, growth, and spreading phase (until 710 AH)
At-Tahāwi
Mukhtasar At-Tahāwi
As-Sarakhsi
Al-Mabsūt
Al-Kāsāni
Badā’i‘ As-Sanā’i‘
Al-Karkhi
Mukhtasar Al-Karkhi
Al-Qudūri
Mukhtasar Al-Qudūri
Al-Marghināni
Bidāyat Al-Mubtadi
An-Nasafi
Kanz Ad-Daqā’iq
Stability phase
Ibn Nujaym
Al-Bahr Ar-Rā’iq
Ibn ‘Ābidīn
Radd Al-Muhtār
Mālik
Name and lineage
Mālik ibn Anas ibn Mālik ibn Abi ‘Āmir Al-Asbahi. His ancestry was disputed after what is mentioned thereof, with agreement that he belonged to Qahtān tribe.
Date of Birth and Death
93 AH - 179 AH. At the time of his death, he uttered the Testimony of Faith, then said: To Allah belongs the command before and after.
Worship and piety
Mālik’s sister was asked: “What was Mālik occupied with at home?” She replied: “The Qur’an, and its recitation.”
Ibn Wahb said: “If I wanted to fill my scrolls with Mālik’s statements of 'I do not know,' I could.”
Ibn Mahdi said: “I have never seen anyone more awe-inspiring, more complete in reason, or more pious than Mālik.”
Knowledge and Intelligence
Regarding the Hadīth that reads: “Indeed, people will travel so far in pursuit of knowledge, but they will find no one more knowledgeable than the scholar of Madīnah,” Ibn ‘Uyaynah said: “That is Malik... and no one like him has been left on earth.
He qualified to issue Fatwas and began teaching at the age of 21, saying, “I did not issue a Fatwa until seventy people testified that I was qualified for itt.”
Ash-Shāfi‘i said: “When scholars are mentioned, Mālik is the star.”
History of the Māliki School of Fiqh and its prominent features
Emergence phase
The inception of the school began with its founder, Imām Mālik, and culminated with the brilliance of the Iraqi scholar, Qādi Ismā‘īl (d. 282 AH), the author of "Al-Mabsūt," the last of the compilations that appeared.
Development phase
From: The start of the fourth Hijri century
until the end of the sixth century
Stability phase
From: the beginning of the seventh century AH, or with the appearance of Ibn Al-Hājib’s Mukhtasar Al-Far‘i, to: our present era.
Emergence phase
The key features of the main schools began to emerge
The Madinan School
The Iraqi school
The Egyptian School
The Maghrib School
Emergence phase
The major books of the Madh'hab that compiled the sayings of Imam Mālik
Al-Mudawwanah by Suhnūn
Al-Mawwāziyyah by Muhammad ibn Al-Mawwāz
Al-‘Utbiyyah by Al-‘Utbi.
Al-Wādihah by Ibn Habīb
The four main books authored on the Māliki Fiqh
Al-Majmū‘ah by Ibn ‘Abdūs
Al-Mabsūt by Al-Qādi Ismā‘īl
Series of books in the first phase
Imām Mālik (may Allah have mercy upon him)
His disciples
Al-Muwatta’
(179 AH)
Al-Mudawwanah
240 AH
Al-Mukhtasarāt by Ibn ‘Abd Al-Hakam
(214 AH)
Al-Wādihah
(238 AH)
The main books (known as Al-’Ummahāt)
Complementary sections of Hadīth compilations
Al-Mabsūt
(282 AH)
Al-Mawwāziyyah
(269 AH)
Al-Majmū‘ah
(260 AH)
Al-‘Utbiyyah.
(255 AH)
Development phase (writing down phase)
In this phase, the following processes emerged:
Branching
Takhrīj (It refers to the process of pinpointing the Hadīth’s position within its primary, chain-narrated sources, followed by an assessment of its reliability when necessary.)
Giving preponderance
His most notable works focused primarily on serving the 'Ummahāt' in the first place.
(Al-Muwatta’, Al-Mudawwanah, Al-Wādihah, Al-‘Utbiyyah, Al-Mawwāziyyah, Al-Majmū‘ah, and Al-Mabsūtah)
The works that served Al-Muwatta’
At-Tamhīd, and Al-Istidhkār by Ibn ‘Abd Al-Barr, Al-Muntaqa by Al-Bāji, Al-Masālik, and Al-Qabas by Ibn Al-‘Arabi.
The works that served Al-Mudawwanah
Al-Mukhtasar by Ibn Abi Zayd, Al-Tahdhīb by Al-Barādhi‘i, Al-Tabsirah by Al-Khummi, Al-Jāmi‘ by Ibn Yūnus, At-Tanbīhāt by ‘Iyād, At-Ta‘līqah by Al-Māzari, At-Tabsirah by Ibn Muhriz, At-Tirāz by Sanad, and Al-Nukat wa At-Tahdhīb by ‘Abd Al-Haqq.
The works that served the ‘Utbiyyah
Tahdhīb Al-‘Utbiyyah by Ibn Abi Zayd, and Al-Bayān wa At-Tahsīl
The works that relied upon Al-Mabsūt
Books of Al-Abhari, At-Tafrī‘, At-Talqīn, and their commentaries
The works that contained the summary of the Ummahāt
An-Nawādir Wa Az-Ziyādāt
Series of the development of writings in the second phase
First phase
Imām Mālik (may Allah have mercy upon him)
His disciples
Al-Muwatta’
(179 AH)
Al-Mudawwanah
(240 AH)
Al-Wādihah
(238 AH)
Al-‘Utbiyyah
(255 AH)
Al-Majmū‘ah
(260 AH)
Al-Mawwāziyyah
(269 AH)
Al-Mabsūt
(282 AH)
The second phase
Commentaries on Al-Muwatta’
Commentaries on Al-Mudawwanah and its abridgments
An-Nawādir Wa Az-Ziyādāt
Al-Bayān Wa At-Tahsīl
Stability phase
The concept of the fatwas within the school of thought, or the "adopted opinion," and what falls under it, were established.
The agreed upon opinion
The well-known and the preponderant opinion
Equally weighed opinions
Ash-Shādh (odd opinion)
Ma Jara Bihi Al-‘Amal (adopting a weak or odd opinion instead of the preponderant or well-known opinion, for a benefit, necessity, custom, or other such bases.)
Stability phase
This includes the distinction in the reliance on renowned opinions among the schools of Fiqh when they differ.
(Relative priority)
The Egyptian School
then, the Maghribi School
then, the Iraqi School
then, the Medinan School
Series of the development of writings in the third phase
Imām Mālik (may Allah have mercy upon him)
His disciples
The first stage
Al-Muwatta’
(179 AH)
Al-Mudawwanah
240 AH
Al-Wādihah
(238 AH)
Al-‘Utbiyyah
(255 AH)
Al-Majmū‘ah
(260 AH)
Al-Mawwāziyyah
(269 AH)
The second phase
Commentaries on Al-Muwatta’
Commentaries on Al-Mudawwanah
Al-Bayān wa At-Tahsīl
An-Nawādir wa Az-Ziyādāt
The third phase
‘Iqd Al-Jawāhir Ath-Thamīnah
by Ibn Shās
Jāmi‘ Al-Ummahāt
by Ibn Al-Hājib and its commentaries
Mukhtasar Khalīl and its commentaries
Some Terminologies in the Māliki School of Fiqh
The Madīnans
Ibn Kinānah, Ibn Al-Mājishūn, Mutarrif, Ibn Nāfi‘, Ibn Maslamah, and their peers
The Egyptians
Ibn Al-Qāsim, Ash'hab, Ibn Wahb, Asbagh ibn Al-Faraj, Ibn ‘Abd Al-Hakam and their peers
The Iraqis
Al-Qādi Ismā‘īl, Ibn Al-Qassār, Ibn al-Jallāb, ‘Abdul-Wahhāb, Abu Al-Faraj, and Al-Abhari
The Maghribis
Ibn Abi Zayd, Ibn Al-Qābisi, Ibn Al-Labbād, Al-Lakhmi, Al-Bāji, Ibn Muhriz, Ibn Al-‘Arabi, Ibn ‘Abd Al-Barr, Ibn Rushd, Al-Qādi Sanad, Ibn Shablūn, and Ibn Sha‘bān
Some Terminologies in the Māliki School of Fiqh
The early jurists
Those who preceded Ibn Abi Zayd Al-Qayrawāni among the jurists, from the disciples of Mūlik and those who followed them.
Later jurists
Ibn Abi Zayd and those jurists who followed him
Terminology of the Imam
By Al-Māzari
Some terminologies of the Māliki school
Al-Qarīnān (the two close associates)
Ash'hab and Ibn Nāfi‘
Al-Akhawān (the two brothers)
Mutarrif and Ibn Al-Mājishūn
Al-Qādiyān (the two judges)
Ibn Al-Qassār and ‘Abdul-Wahhāb
Al-Muhammadān (the two Muhammads)
Ibn Al-Mawwāz and Ibn Sahnūn
ِAccording to Ibn ‘Arafah, they are: Ibn Al-Mawwāz and Ibn ‘Abd Al-Hakam
Al-Muhammadūn (the Muhammads)
Two from Al-Qayrawān: Ibn ‘Abdūs and Ibn Sahnūn
Two Egyptians: Ibn ‘Abd Al-Hakam and Ibn Al-Mawwāz
Ash-Shaykhān (the two Shaykhs)
Ibn Abi Zayd and Abu Al-Hasan Al-Qābisi
The Shaykh: Ibn Abi Zayd
As-Siqiliyyān (the two Sicilians)
Ibn Yūnus and ‘Abdul-Haqq
“The notion widely spread about the people of Iraq not having a sufficient corpus of Hadīth is inaccurate and rebutted by reality.” Dr. ‘Abdul Majīd Mahmūd in Al-Ittijāhāt Al-Fiqhiyyah ‘Inda As'hāb Al-Hadīth Fi Al-Qarn Ath-Thālith Al-Hijri
Al-Hajawi said: “There is no doubt that every imam among them conducted personal reasoning, and every imam among them followed the traditions. Although the disagreement may seem fundamental, but in reality, it is only in some details where traditions are accepted as authentic by the people of Hijāz but not by the people of Iraq. Thus, the former (the people of Hijāz) act upon them while the latter (the people of Iraq) ignore them either because they had no knowledge of them, or because they did not accept them as authentic.” Al-Fikr As-Sāmi 1/383.
Yahya ibn Yahya said: “I used to visit Ibn Al-Qāsim, and he would ask me, ‘From where did you get these?’ I would say, ‘From Ibn Wahb.’ He would say, ‘Fear Allah, because most of these Hadīths are not acted upon.’ Then I would visit Ibn Wahb, and he would ask me, ‘From where did you get these?’ I would say, ‘From Ibn Al-Qāsim.’ He would say, ‘Fear Allah, because most of these matters are based on personal reasoning.’” Jāmi‘ Bayan Al-‘Ilm wa Fadlih p. 1112.
For further reference on the Rationalist School, see Ibn Qutaybah’s introduction to Mukhtalif Al-Hadīth refuting the theologians, including An-Nazhzhām.
Ad-Dihlawi stated in Al-Insāf fi Bayān Asbāb Al-Ikhtilāf p. 93
I found some of them claiming that there are two groups with no third: the Zhāhiriyyah and Ahl Ar-Ra’y. They argue that whoever uses analogy or deduces rulings belongs to Ahl Ar-Ra’y (lit. People of opinion). No, rather what is meant by opinion is not understanding and reason; this is intrinsic for any scholar. Also, a Muslim can never attribute to himself an opinion that relies on the Sunnah as its basis. The ability for deduction and analogy does not apply to opinion either, for Ahmad, Is'hāq, and even Ash-Shāfi‘i are not counted among Ahl Ar-Ra’y unanimously; although they engaged in deduction and analogy. Actually, what is meant by Ahl Ar-Ra’y are those who, after consensus has been reached among Muslims or a majority of them on certain issues, resort to deducing rulings based on the principles established by one of the earlier scholars. They mostly followed an approach of applying cases to similar ones and refer to a general principle without thoroughly investigating Hadīths and traditions. A Zhāhiri scholar does not depend on analogy or the traditions of the Companions, like Dāwūd and Ibn Hazm. Between these two extremes are the competent researching scholars of Ahl As-Sunnah, such as Ahmad and Is'hāq.
Meanwhile, Abu Hanīfah was considered a follower of Ibrāhīm An-Nakha‘i, and derived rulings based upon his opinions.
Abbreviated symbols for books and jurists in the Māliki school of Fiqh
Symbol
Kāf letter
Indication
Al-Kharashi's Ash-Sharh Al-Kabīr
Hash
Hāshiyat Al-‘Adawi ‘Ala Al-Kharashi
Khash
Al-Kharashi
Maj
Al-Majmū, by the erudite scholar Al-Amīr
Dīh
At-Tawdīh, by Shaykh Khalīl
Ha’ letter
Al-Hattāb
‘Aj
‘Ali Al-Ajhūri
Tat
At-Tatā’i
Zāy letter
Az-Zurqāni
Bann
Muhammad Bannani
Tukh
At-Tukhaykhi
Ghayn letter
Ibn Ghāzi
Jīm letter
Al-Jinwi
Qāf letter
Al-Mawwāq.
Jas
Muhammad Jassūs
Mas
Al-Masnāwi
Sīn Letter
Sālim As-Sanhūri
Sir
Nāsir Al-Laqqāni
Maq
Ibn Marzūq
Naf
An-Nafarāwi
‘Af
Ibn ‘Arafah
Dāl letter
Ahmad Az-Zurqāni
Biyy
Al-Abiyy
Taw
At-Tāwudi ibn Sawdah
Shab
Ash-Shabrakhīti
Sa
As-Sāwi
Li
At-Tusūli
Ni
Ar-Rahūni
Zi
Hijāzi, commentator of Al-Amīr's book
Sha
The explainer of the text
Some symbols vary according to the divergence of interpretations and time.
Ash-Shāfi‘i
Name and lineage
Muhammad ibn Idrīs Ash-Shāfi‘i. His lineage meets that of the Prophet (ﷺ) in his grandfather, ‘Abd-Manāf.
Date of birth and death
150 AH in Gaza-204 in Egypt. He traveled to Makkah, Madīnah, and Baghdad
Worship and piety
Ar-Rabī‘ ibn Sulaymān said: Ash-Shāfi‘i used to recite the entire Qur’an sixty times in Ramadan.
Al-Husayn Al-Karābīsi said: I stayed overnight once at Ash-Shāfi‘i’s house. He prayed for about a third of the night, and he did not recite more than fifty verses, if he recited more, he would recite one hundred verses.
Ar-Rabī‘ ibn Sulaymān said: Ash-Shāfi‘i divided his night as follows: he would spend the first third writing, the second third praying, and the last third sleeping.
Knowledge and Intelligence
He memorized the Qur’an at the age of seven and Mālik’s Muwatta’ at ten. His Shaykh, Muslim ibn Khālid Az-Zanji, authorized him to issue Fatwas at the age of fifteen.
Ibn ‘Uyaynah said: Ash-Shāfi‘i was the best of his time.
Ahmad said: No one has ever touched ink and pen without owing a gratitude to Ash-Shāfi‘i.
What do you know about the old and new Madh'hab?
The Shāfi‘i School of Fiqh (Madh'hab)
Establishment phase
Ash-Shāfi‘i
Al-’Umm
Al-Buwayti
Al-Mukhtasar
Ar-Rabī‘ Al-Murādi
Al-Muzani
Al-Mukhtasar
Emergence and spread phase
Ibn Surayj
Al-Qaffāl
Al-Kabīr Ash-Shāshi
As-Shaghīr Al-Marwazi
Khurasan scholars' style
Al-Isfarāyīni
Iraq scholars' style
Al-Māwardi
Al-Hāwi
Al-Juwayni
Nihāyat Al-Matlab
Ash-Shīrāzi
Al-Muhadhdhab
Al-Ghazzāli
Al-Wasīt
Authentication phase
Ar-Rāfi‘i
Al-Muharrar
An-Nawawi
Minhāj At-Tālibīn
Second authentication phase
Ar-Ramli
Nihāyat Al-Muhtāj
Ibn Hajar Al-Haytami
Tuhfat Al-Muhtāj
Ahmad
Name and lineage
Ahmad ibn Muhammad ibn Hanbal Ash-Shaybāni
Date of birth and death
164 AH - 241 AH. Ibn Al-Jawzi said: Ahmad traveled around the world twice for compiling the Musnad.
Worship and piety
‘Abdullah ibn Ahmad said: My father used to pray three hundred Rak‘ahs every day and night. When he became ill from those whips, he grew weak, so he would pray one hundred and fifty Rak‘ahs every day and night.
Ahmad said: Never have I written a Hadīth except that I acted upon it. I happened to know that the Prophet (ﷺ) got himself cupped and gave Abu Taybah a dinar, so I gave the cupper a dinar when I got myself cupped.
Ar-Rabī‘ said: Ash-Shāfi‘i said to us that Ahmad is an imam in eight qualities: an imam in Hadīth, an imam in Fiqh, an imam in language, an imam in the Qur’an, an imam in poverty, an imam in asceticism, an imam in religious prudence, and an imam in the Sunnah.
Knowledge and Intelligence
‘Abdullah ibn Ahmad said: Abu Zur‘ah said to me: Your father memorizes a million Hadīths. He was asked: How do you know? He said: I studied with him and learnt the chapters from him.
‘Abdur-Razzāq said: I have never seen anyone with deeper understanding or more piety than Ahmad ibn Hanbal.
Ash-Shāfi‘i said: I left Baghdad, and I did not leave behind anyone that was better, more knowledgeable, had better understanding, or more pious than Ahmad ibn Hanbal.
Ash-Shāfi‘i said: O Abu ‘Abdullah, when you judge a Hadīth as authentic, inform us so that we may refer to it. You are more knowledgeable about authentic reports than we are.
Who are they?
Imam Ahmad
Establishment
Compilers of Al-Masā’il
Transmission
Al-Khallāl
Al-Jam‘ (compilation/collection)
Al-Khiraqi
Al-Ikhtisār (abridgment)
Ibn Hāmid
At-Taq‘īd (establishment of rules)
Some of these names may refer to more than one individual. What are these names?
The Hanbali school of Fiqh
Establishment phase
Until 403 AH
Imam Ahmad
He did not write down his Madh'hab.
Compilers of Al-Masā’il
Abu Dāwūd, Ahmad's two sons, and Al-Kawsaj
Al-Khallāl
Al-Jāmi‘
Al-Khallāl's boy
Zād Al-Musāfir
Al-Khiraqi
Al-Mukhtasar
Al-Hasan ibn Hāmid
Tahdhīb Al-Ajwibah
Authentication and the revision phase
Until 885 AH
Al-Qādi Abu Ya‘la
Kitāb Ar-Riwāyatayn wa Al-Wajhayn
Ibn Qudāmah
Al-Muqni‘
Ibn Taymiyyah
Al-Muharrar
Ibn Muflih
Al-Furū‘
Al-Mardāwi
Al-Insāf
Stability phase
Al-Hajjāwi
Al-Iqnā‘
Ibn An-Najjār
Al-Muntaha
Mar‘i Al-Karmi
Ghāyat Al-Muntaha
Al-Buhūti
Kashshāf Al-Qinā‘
Areas of agreement on the issue of Tamadh'ub (following a particular Madh'hab, i.e., school of Fiqh) (*)
Condemnation of fanaticism, which is showing loyalty towards those who follow one's own Madh'hab and hostility towards followers of other Madh'habs
Acceptance of the existence of the four schools of Fiqh, without calling to abolish them or neglect their authored books
A follower of a certain Madh'hab who, upon reaching the level of independent reasoning, holds an opinion different from the opinion of his imam due to the preponderance of another opinion, has acted correctly.
Acceptance of Tamadh'hub in the sense of studying under a particular fundamental school of Fiqh, while paying attention to the proof and seeking the preponderant one
It is permissible for a follower of a particular Madh'hab to adopt the opinion of his imam, attributing it to him and being personally convinced of its preponderance after examining the evidence supporting the opinions.
(*) Discussion on Tamadh'hub summarized from a PhD thesis at Imam Muhammad ibn Saud University entitled (Tamadh'hub) by Dr. Khālid Ar-Ruwayti‘
Stance on Tamadh'hub (sticking to a certain Madh'hab)
The view advocating the obligation of Tamadh'hub
Shaykh Muhammad Al-Amīn Ash-Shinqīti said: (Later scholars of ’Usūl (fundamentals of Fiqh) from all Madh'habs unanimously agree on it being an obligation).
The view advocating permissibility of Tamadh'hub (majority view)
Al-Qādi ‘Iyād said: (There is a consensus among Muslims to follow these imams and study their Madh'habs).
Ibn Hubayrah said describing the Four Madh'habs: (The Muslim nation unanimously agrees that it is permissible to follow any of them).
Ibn Farhūn said: (People have unanimously agreed to imitate them... and scholars have agreed on the permissibility to follow them, emulate their Madh'habs, study their books, and learn from their mistakes).
The view advocating banning Tamadh'hub
Ibn Hazm said: (Let it be known to anyone who adopts all the opinions of Abu Hanīfah, or all the opinions of Mālik, or all the opinions of Ash-Shāfi‘i, or all the opinions of Ahmad, though having the ability to analyze and examine them... that he has gone against the consensus of the Ummah).
Key features of Fiqh in the present time
Printing of Fiqh books
Establishment of Fiqh councils
Organization of Islamic Cooperation (OIC)
Muslim World League
Emergence of Fiqh encyclopedias
Printed: The Kuwaiti Encyclopedia
Electronic: Jāmi‘ Al-Fiqh
Emergence of Fiqh magazines
Establishment of Fiqh websites
Emergence of calls for renewal in the fundamentals of Fiqh
Increase in contemporary controversial Fiqh issues
Shariah faculties and Fiqh departments
Increase in academic theses on Fiqh
Overview of Fiqh Approaches
Undoubtedly, the Prophetic Hadīth is a main source of legislation and Fiqh according to all Islamic jurists, but the scholars' share of memorizing and knowing of Hadīth varies. During the era of the Tābi‘ūn, the school of Hijāz stood out due to the abundance of Companions residing there. The abundance of Hadīths with authentic and good chains of narration reduced their reliance on analogy relatively. They only rejected analogy in the absence of textual proof. This situation contrasted with that of the school of Kūfa or Iraq, where Hadīths were fewer, the residing Companions were fewer, and their scholars had fewer authentic chains of narration compared to the scholars of Hijāz. They received many narrated Hadīths with weak chains of narration, which they did not act upon, instead, they preferred analogical reasoning.
This led to their Fiqh being based on the Qur’an and the Hadīths that they judged as authentic, along with analogy and independent reasoning (Ra’y) that they frequently used until it became their distinguishing feature, resulting in juristic opinions that disagreed with the authentic Hadīths that were not famous among them. This resulted in some distinction between the Fiqh of these two schools. The school of Ahl Ar-Ra’y and the school of Ahl Al-Hadīth emerged. Subsequently, a school emerged that vehemently rejected the use of analogy, known as the school of Ahl Azh-Zhāhir (apparent approach). When the Mu‘tazilah concept entered the Muslim world, a rational approach emerged that prioritized reason over Āhād reports and took an antagonistic stance towards the approach of Ahl Al-Hadīth. The key features of each of these schools or approaches appear through the following:
Fiqh Schools and Approaches
Ahl Al-Hadīth
Strong emphasis on Hadīth and traditions, whereas Qiyās (analogical reasoning) comes in the second place.
Prioritizing Hadīth over Qiyās, whether it is an Āhād or profusely transmitted, and whether the issue is uncontrollably widespread or not.
Ahl-Ar-Ra’y (people of opinions)
Less emphasis on Hadīth compared to Ahl-Al-Hadīth, with a strong emphasis on analogical reasoning.
Prioritizing analogical reasoning over Āhād reports in certain cases, such as widespread issues.
The Zhāhiriyyah
They only focus on the apparent meaning of the text, rejecting the use of analogical reasoning and the traditions of the Companions.
Opting for Istis'hāb (presumption of continuity) in matters lacking explicit textual evidence
The Rationalist School
Neglecting Āhād narrations and minimizing their importance and authenticity
Emphasis on interest-based considerations, prioritizing reason and interest over Shariah texts
Not considered a major school of Fiqh, but mentioned for its existence in reality and to highlight its disagreement with the other schools.
The notion widely spread about the people of Iraq not having a sufficient corpus of Hadīth is inaccurate and contradicted by reality." Dr. ‘Abdul Majīd Mahmūd in Al-Ittijāhāt Al-Fiqhiyyah ‘Inda As'hāb Al-Hadīth Fi Al-Qarn Ath-Thālith Al-Hijri
Al-Hajawi said: There is no doubt that every imam among them conducted personal reasoning, and every imam among them followed the traditions. Although the disagreement may seem fundamental, in reality, it is only in some details where traditions are accepted as authentic by the people of Hijāz but not by the people of Iraq. Thus, the former (the people of Hijāz) act upon them while the latter (the people of Iraq) ignore them either because they had no knowledge of them, or because they did not accept them as authentic." Al-Fikr As-Sāmi 1/383.
Yahya ibn Yahya said: I used to visit Ibn Al-Qāsim, and he would ask me, 'From where did you get these?' I would say, 'From Ibn Wahb.' He would say, 'Fear Allah, because most of these Hadīths are not acted upon.' Then I would visit Ibn Wahb, and he would ask me, 'From where did you get these?' I would say, 'From Ibn Al-Qāsim.' He would say, 'Fear Allah, because most of these matters are based on personal opinion.' Jāmi‘ Bayan Al-‘Ilm Wa Fadlih p. 1112.
For further reference on the Rationalist School, see Ibn Qutaybah’s introduction to Mukhtalif Al-Hadīth refuting the scholastic theologians, including An-Nazhzhām.
Ad-Dihlawi stated in Al-Insāf fi Bayān Asbāb Al-Ikhtilāf p. 93
I found some of them claiming that there are two groups with no third: the Zhāhiriyyah and Ahl Ar-Ra’y. They argue that whoever uses analogy or deduces rulings belongs to Ahl Ar-Ra’y (lit. People of opinion). No, rather what is meant by opinion is not understanding and reason; this is intrinsic for any scholar. Also, a Muslim can never attribute to himself an opinion that relies on the Sunnah as its basis. The ability for deduction and analogy does not apply to opinion either, for Ahmad, Is'hāq, and even Ash-Shāfi‘i are not counted among Ahl Ar-Ra’y unanimously; although they engaged in deduction and analogy. Actually, what is meant by Ahl Ar-Ra’y are those who, after consensus has been reached among Muslims or a majority of them on certain issues, resort to deducing rulings based on the principles established by one of the earlier scholars. They mostly followed an approach of applying cases to similar ones and referred to a general principle without thoroughly investigating Hadīths and traditions. A Zhāhiri scholar does not depend on analogy or the traditions of the Companions, like Dāwūd and Ibn Hazm. Between these two extremes are the competent researching scholars of Ahl As-Sunnah, such as Ahmad and Is'hāq.
Meanwhile, Abu Hanīfah was considered a follower of Ibrāhīm An-Nakha‘i, and derived rulings based upon his opinions.
It is known that Ahl Ar-Ra’y do not reject Hadīth, but the difference between the school of Ahl Al-Hadīth and Ahl Ar-Ra’y appears in the status they give to Āhād reports and Qiyās, especially when they conflict.
On the other hand, the difference between Ahl Al-Hadīth and the Zhāhiriyyah manifests in their consideration of Qiyās, for the Zhāhiriyyah reject Qiyās with varying degrees among them.
As for the Rationalist School, they prioritize rational considerations of public interest over the apparent meaning of the text.
Ahl-Ar-Ra’y
Āhād report
Analogy (Qiyās)
The Zhāhiriyyah
Analogy (Qiyās)
Istishāb (presumption of continuity)
Apparent meaning of the text
Ahl Al-Hadīth (People of Hadīth)
Āhād report
Analogy (Qiyās)
The Rationalist School:
Text
Public interest
Differences among scholars
Beginning
The era of the Companions
Its reasons
The difference in establishing the authenticity of evidence and the validity of using it
The scholar did not have access to the relevant evidence.
The scholar was not sure of the authenticity of the evidence.
The scholar did not consider the evidence to be valid proof for a ruling.
The difference in understanding the meaning and implications of the evidence
Factors that might affect the interpretation of evidence, such as other related evidence
The difference in understanding the implications of words
The difference in determining the underlying reason for a particular ruling
Stance towards it
The difference should not lead to alienation and disputes
In matters of Ijtihād, a scholar who holds a different opinion should be considered to have a valid reason or justification for his stance.
Refraining from pursuing concessions
Ultimately, only one opinion is correct
What are the main sections of Fiqh?
This includes purification, prayer, Zakah, fasting, Hajj, and Jihad.......
This includes marriage, divorce, Khul‘, alimony, child custody.......
This includes sale transactions, leasing, lending.......
This includes legal retribution, blood money, the judiciary.......
Chapters on Fiqh of the acts of worship
A set of specific statements and actions that starts with Takbīr and ends with Taslīm.
Prayer
Conditions
Obligatory acts
Sunnah acts
Virtuous acts
Disliked acts
Invalidators of prayer
Errors in prayer
Types of prayer
Exceptional rulings
What is the difference between the condition for the obligation and the condition for the validity?
Conditions of prayer
Obligation
Puberty
Validity
Islam
Covering the ‘Awrah
Facing the Qiblah
Purity from Hadath (ritual impurity)
Purity from Khabath (filth and dirt)
Condition for both obligation and validity
The Islamic call has reached the person
Commencement of due time
Sanity
The ability to use pure water
Not being in a state of sleep or unawareness/inattentiveness
Absence of menstrual and postpartum blood
What are the differences between the two types?
The first condition: Purification
Purification from Hadath
Purification from Khabath (filth)
Purification
Two categories
Related to Hadath
Two categories
Minor
With water
With dust
Major
With water
With dust
Khabathiyyah (impure substances)
It affects
Body
Clothes
Place
Purification from Hadath
Categories of water
Tahūr (purifying): That to which the name 'water' applies without any restriction
Permissible to use it unconditionally
Retaining its natural qualities
Changed by something that does not affect it, such as its resting place or passage, or due to prolonged stay, or by what is generated from it.
Disliked to use it when alternatives exist.
Used to eliminate ritual impurity.
A little that has not been changed by impurity.
A small amount that a dog licked from it.
Sun-heated in a hot region
Non-purifying:
One of its three characteristics has changed due to something that is usually separated from it.
Changed by a pure substance
It is permissible to use it in habits but not in acts of worship.
Changed by an impure substance
It is not permissible to use it in habits or acts of worship.
Purification from Khabath (filth)
Pure and impure entities
Inanimate objects
Animal
Parts of the animal that are separate from it.
Animal discharge
Pure and impure entities
Animal
A living animal
Totally pure
A dead animal
Impure: that which died without being slaughtered (except for sea creatures and those that have no flowing blood)
Pure: the human being, and what has died through proper slaughtering from what is permissible and disliked to eat
Animal discharge
What is discharged from the eye, mouth, nose, and skin: if it is from a living or slaughtered animal, it is pure.
The bile that comes out of the stomach is pure, while the black bile and changed vomit are impure.
Discharge from the two passages
Pre-ejaculatory fluid, semen, and post-urinary fluid are impure
Urine and feces
Impure: when discharged by animals whose meat is disliked or prohibited to eat
Pure: of those animals whose meat is permissible to eat (not Al-Jallālah)
Milk
Pure: The milk of a woman and animals whose meat is permissible to eat
Impure: milk of an animal prohibited to consume
Egg: pure if it is from a living creature, properly slaughtered, or from one whose carcass is pure.
Blood
Spilled blood is impure
Non-spilled blood is pure
Inanimate things
Pure except for intoxicants from among liquids
Parts of the animal that are detached from it.
When alive: impure except for wool, hair, fur, and down feathers (provided they are sheared).
When dead: what is deemed pure, its parts are pure, and vice versa.
What is made from gold and silver
Utensils
It is not permissible for men and women to use them at all
It is unlawful to use items plated (covered) or lined (filled) with any of them.
It is permissible to use utensils guised as either of them.
Jewelery
Men
It is impermissible for them to adorn themselves with gold and silver. The exceptions are:
A silver ring is a condition: it must be only one ring and not exceed two Dirhams.
Tying a tooth with a strip from either of them or replacing an extracted tooth with one made of either of them.
Adorning a sword or a Mus'haf with them
Acquiring a nose from either of them
Women
It is permissible for them to adorn themselves with what is made of gold and silver.
Excluded are items not worn, such as the kohl container and the comb.
It is permissible to keep a vessel of jewels and use it.
What is the ruling on removing impurity outside of the prayer?
Issues related to Najāsah (impurity)
Purification from impurity for prayer
Its obligation is conditional
Awareness/Mindfulness of it
Ability
There is enough time
Not among those types excused
The places from which removal is obligatory
Garment
Body
Place
Cases where impurities are excusable
When it is difficult or entails hardship to remove
When there is a trace of its scent or color without its taste
The garment of the butcher and the nursing woman and the like
Wetness due to hemorrhoid and the like
Mud splashed up and the rain
Persistent Hadath (ritual impurity)
An unpressed boil
What flows on the passerby
Due to the small amount
The size of a Baghli Dirham (equivalent to the black spot on a mule's forearm) or less of blood, pus, or discharge
The traces of flies and fleas
Utilization of objects attributed to impurity
Inherent impurities: It is totally impermissible to utilize them.
The pure but stained: It is permissible to use it outside the mosque and for non-human use.
Impure substances that cannot be purified
The olive that is salted with an impure substance
Eggs boiled or meat cooked in something impure
Oil or liquid food mixed with impurity
When impurity spreads in solid food or penetrates into pottery.
Removing what comes out of the private parts
Issues
Ruling
Obligatory
Manners of performing it
By stones, then water
The optimum manner
By water alone (Istinjā’)
Next in degree
By stones or the like alone (Istijmār)
Conditions
The substance used for cleaning must be pure
Purifying
Solid
Non-monetary
Non-edible
Not religiously honored
Not so sharp or rough that causes injury
The excretions not crossing the usual exit spot
The excretions must not be of a type that requires removal with water
Urine of the female and the eunuch.
Semen and pre-seminal fluid
Menstrual blood and post-natal bleeding
If the discharge has spread beyond the opening of the passage
Etiquette of Answering the Call of Nature
Mandatory act
Istinjā’
Emptying the discharge from both outlets
Recommended act
Dhikr of entering and leaving the lavatory
Sitting and not looking around while doing so
Entering with the left foot and exiting with the right foot
The appropriate posture
Prioritizing the urethra during Istinjā’
Istijmār with an odd number
Going far from people and concealing oneself and preparing the cleansing tool
Avoiding relevant prohibited acts
Facing the Qiblah or turning one's back towards it in an open space if there is no barrier
Bringing the Qur’an into the lavatory
Avoiding disliked acts
Speaking while answering the call of nature
Answering the call of nature in prohibited locations
Shady spots
Windy spots
On solid surfaces
Roads
Holes
Places frequented by people
Wudū’ (Ablution)
Its obligatory acts
Seven
Intention
Washing the face
Washing the hands up to the elbows
Wiping the head
Washing the feet
Rubbing the parts being washed
Immediateness (with the condition of remembering and capability)
Sunnah acts
Eight
Washing the hands up to the elbows
Rinsing the mouth
Making Istinshāq (sniffing water into the nose)
Blowing the water out of the nose
Wiping over the head back and forth
Wiping the ears
Renewing the water for wiping the ears
Observing the sequence of obligatory acts
Favorable acts
Ten
Clean place
Tasmiyah (mentioning Allah's name)
Using the Siwāk (tooth-stick)
Vessel to the right side
Washing the parts twice and thrice
Minimization of water while ensuring thoroughness
Starting with the right side parts
Observing the sequence of the Sunnah acts
Observing the sequence of Sunnah acts with the obligatory acts
Starting by wiping the head from the front
What is the difference between the Sunnah act and favorable act?
Invalidators of ablution
Ritual impurity
Urine
Defecation
Passing wind
Pre-seminal fluid
Wady (a thick white secretion discharged after urinating and sometimes before it, but not associated with sexual desire)
Semen
If it is discharged without pleasure, or with unusual pleasure
Al-Hādi (the fluid that exits from a pregnant woman just before childbirth)
Reason
Loss of consciousness
Due to fainting
Insanity
Heavy sleep
Intoxication
Touching someone with whom one typically finds pleasure, either with the intention of feeling pleasure or if pleasure is actually felt
Touching the male reproductive organ (with the palm, side of the hand, or fingers)
Other than that
Doubt in
Ritual purity
Ritual impurity (Hadath)
Whichever of them occurred first
Apostasy
What is the ruling regarding someone who doubts his state of ritual purity after prayer?
Ritual bath
Causes of Obligation
Menstruation
Postpartum bleeding
The discharge of semen with customary pleasure
Disappearance of the head of penis or its equivalent in the private part of a party that can withstand intercourse
Sunnah acts
Washing the hands up to the wrists first
Rinsing the mouth
Sniffing water into the nose
Blowing the water out of the nose
Wiping the ear canal
Obligations
Intention
Washing the entire body with water
Rubbing the body
Consecutiveness in case of remembering and capability
Running wet fingers through the hair
Favorable acts
Commencing with washing away filth
Tasmiyah (mentioning Allah's name)
Pouring water over the head thrice
Giving precedence to the organs of ablution and washing them only once
Reducing water while ensuring the thoroughness of the ritual bath
Starting with the top of the body
Starting with the right body parts first
A clean place
What is prohibited for a person in the state of ritual impurity
Prayer
Tawāf
Touching the Mus'haf (bound copy of the Qur’an)
What is prohibited for a person in a state of Janābah (major ritual impurity)
What is prohibited for a person in the state of Hadath: (prayer, Tawāf, and touching the Mus'haf)
Entering the mosque (even if merely passing through)
Recitation and writing of the Qur’an
Except for the little for seeking refuge, making Ruqyah, or inference
Purification with earth
Tayammum (dry ablution)
Who is permitted to perform Tayammum
An ill person
He performs Tayammum for obligatory and supererogatory acts of worship
The traveler who does not find water
He performs Tayammum for obligatory and supererogatory prayers
The resident who does not find water
He performs Tayammum for the obligatory prayer and for a funeral prayer that is already due
He does not perform Tayammum for Friday prayer nor for Sunnah prayers
Reasons that permit Tayammum
Unavailability of water, actually or considered so under the Shariah
Illness (known by custom or through a knowledgeable physician)
Fearing its occurrence
Fear of its increase
Fear of the delay in recovery
Excessive increase in the price of water
Fear
For life or property
From the expiry of the optional time while seeking or using the water
From the rulings of Tayammum
Obligations
Pure surface of the earth
Not processed that changes its nature
Intention
The first strike
Immediateness
Wiping the face
Wiping both palms
Its favorable acts
Tasmiyah (saying Bismillāh)
Dust
Starting with the right side
Starting with the outer part of the forearm then the inner part
Sunnah acts
Wiping the hands up to the elbows
The second strike
Observing the prescribed order
Moving the dust attached to the hand to the place of wiping
Invalidators
Seeing water before commencing the prayer, or remembering that he had it in his luggage
Invalidators of ablution
The long interval between it and the prayer
Conditions
Commencement of due time
Its connection with what it was performed for, such as prayer and the like
He should not perform more than one obligatory prayer with it
One who lacks both forms of purification
He is exempt from prayer and not obliged to make it up
Organs of ablution
Two cases
Uncovered: should be washed
(except the head)
Covered by something that is permissible to wipe over: should be wiped over
Khuff (leather socks)
Splint
(And what falls under the same ruling)
Wiping over Khuffs (Leather socks)
Its Ruling
Permissible in residence and travel
Duration: There is no limit to the wiping, and it is recommended to remove them every Friday or week
Conditions of wiping
Conditions of the wiped object
To be made of leather
Pure
Stitched
Covering the area that must be washed in ablution
Has no barrier on it
That it can be walked in customarily
Conditions of the wiper
To wear it while being in a state of ritual purity
Purification must be with water, not with earth
To wear it after completing ablution or ritual bath
Not to be worn for luxury
Wearing it does not involve disobedience
It is recommended to wipe both the topside and the bottomside of the leather socks; if the topside is missed, the prayer is invalid, and if the bottomside is missed, the prayer should be repeated within the preferred time.
Invalidators of wiping
Invalidators of the ritual bath
The occurrence of a tear the size of one-third of a foot
The entire foot coming out of the Khuff, or the foot coming out up to the ankle
Conditions of an injured limb
1. If it is possible to wash it without harm, it is obligatory
2. If one fears harm, he may resort to wiping over it
3. If one fears harm from washing or wiping, he may resort to wiping over the splint
Rulings on wiping over a splint
It is not a condition for wiping over the splint
To be in a state of minor ritual purity when it is applied
That it is preceded by a Tuhr (a state of ritual purity)
It is permissible to wipe over the splint whether it is just enough to cover the affected area or extended due to necessity
The one who has performed ablution transitions to Tayammum
In two cases
If one is harmed by wiping over the splint
That the sound limbs are very few, for example: a hand and a leg only
Causes of the Obligatory Ghusl
Menstruation and postpartum bleeding
Blood discharge from the vagina
Types
Menstruation
Postpartum bleeding
Istihādah (vaginal bleeding outside of menstruation)
Is there a difference between the blood of illness and bad blood and the blood of Istihādah?
Menstruation
Its essence
Blood, yellowish discharge, or brownish discharge that naturally emits from the private area of one who typically gets pregnant
Duration
Minimum limit
For acts of worship, one gush of blood
In the ‘Iddah: bleeding that lasts for a day or part of a day
Maximum limit
15 days (except for the pregnant)
Purity period
Minimum period: 15 days
Maximum period: no limit
Its signs
White post-menses discharge
Dryness of the vagina
Categories of women
(Regarding the maximum duration of menstruation)
Mubtadi’ah (Initial stage)
A woman who has never menstruated
Maximum period
Fifteen days
A pregnant woman
In the first and second months:
Her ruling is the same as a woman experiencing menstruation regularly
From third to fifth:
The maximum period for her is twenty days
From the sixth to the end of pregnancy:
The maximum period for her is thirty days
Mu'tādah (woman experiencing menstruation regularly)
Definition: she is the one who has previously experienced menstruation and for whom a regular cycle has been established.
Her ruling: she should adhere to her usual cycle, and if the bleeding persists, she may extend it by three days, provided it does not exceed 15 days, in which case, she is considered to be in a state of Istihādah.
Mulaffiqah
Definition: it is when her state of Tuhr (ritual purity) is interrupted by menstruation.
Her ruling: she combines the days of her menstruation without the days of purity until she completes her regular cycle
Postpartum bleeding
Definition
It is the blood that comes out from the woman's vagina during childbirth or after it
Its rulings
The rulings of post-partum bleeding entail the same rulings as those of menstruation
regarding the minimum period of purity being (15 days)
Counting the time of intermittent bleeding and combining these periods to determine the total duration
It differs from menstruation in that it does not require a verifying period
Regarding the entailed rulings of prohibition
Duration
The minimum is a single gush, same as menstruation
Maximum period: 60 days
A woman experiencing Istihādah
Definition
She is the woman who experiences an incessant flow of blood after her menstrual period is over
Relevant ruling
It is divided into two sections
Mumayyizah (a woman who can distinguish between her menstrual blood and other types of blood based on its characteristics)
After the completion of the minimum period of Tuhr (ritual purity), she is menstruating
Before the completion of the minimum period of Tuhr, she is ritually pure
Ghayr Mumayyizah (a woman who cannot tell the difference between her types of blood)
Always ritually pure
What is forbidden due to menstruation
Prayer
Fasting
Tawāf
I‘tikāf (seclusion for worship)
Divorce
Enjoyment of what is between the navel and the knees
Entering the mosque, even for passing through
Touching the Mus'haf (bound copy of the Qur’an) not reciting the Qur’an
Comprehensive questions on the section of purification
List the categories of Tahārah (ritual purification).
List the categories of water, explaining the difference between "Tāhir" (pure) and "Tahūr" (purifying), and what are the categories of each?
What is the ruling on using vessels made of gold and silver, and is it permissible to possess them for decoration? Is there any exception to this ruling?
What is the original ruling regarding men adorning themselves with silver, and what are the circumstances where the original ruling is not applied?
List the obligatory and Sunnah acts in ablution.
What are the favorable acts of ablution? Mention six of them.
Enumerate the categories of invalidators of ablution, and what falls under each category?
List the things prohibited for a person in a state of minor Hadath.
Mention the types of removing what comes out of bodily passages, and what are the conditions of Istijmār?
In which places is it disliked to answer the call of nature?
What are the cases of the injured limb, and what is obligatory on the one purifying himself in each case?
When should one with a splint shift from ablution to Tayammum, and what is the situation in which both are combined?
State the conditions for wiping over the leather socks, what is its duration, and what is the ruling on the prayer of one who wipes the bottom side of the leather sock?
What necessitates a ritual bath? Mention three of its obligatory acts.
Mention three of the Sunnah acts of the ritual bath and four of its favorable acts.
What are the rulings that a person in a state of major impurity (janābah) is prohibited from?
What are the types of blood discharged from a woman's vagina?
What is the minimum duration of menstruation, what is the minimum period of purity, and what are its signs?
Clarify the ruling for each of the following: a woman experiencing her first menstruation, a pregnant woman, and a woman with a regular cycle, in case the blood does not cease.
What is the ruling concerning a woman whose state of ritual purity is intermittent?
What is the minimum and maximum duration of post-natal bleeding?
Mention five matters that are forbidden on account of menstruation.
Who is permitted to perform Tayammum and what are the reasons that make it permissible?
List the obligatory acts, Sunnah acts, and favorable acts of Tayammum.
State the conditions and invalidators of Tayammum, and what is the ruling in the absence of both purifying materials?
List the categories of substances in general, and what is the original state of both living animals and inanimate objects?
What is the ruling on removing impurities during prayer, from what must they be removed, and when does the prayer of one who is contaminated with impurity become invalid?
Mention five excused impurities.
State the ruling on benefiting from impure objects and objects affected by impurity, and mention three objects affected by impurity that cannot be purified.
Trees of prayer
Among the conditions of the validity of prayer are:
Commencement of due time
Prayer time
On-time performance
Necessary
Optional
Making up
Performing prayer within the prescribed time
Prayer times
Zhuhr
Optional
From the time when the sun declines from its zenith until the shadow of everything is as its exact length
Darūri (time of necessity)
From the time when the shadow of everything is as its exact length until shortly before sunset
‘Asr
The end of the optional time for Zhuhr is shared between it and ‘Asr
Ikhtyāri (optional time)
From the time when the length of the shadow of an object is the same as the object itself until the sun turns yellow
Darūri (time of necessity)
From when the sun turns yellow until sunset
Maghrib
Optional time
From sunset and extends for the duration required to perform it after fulfilling its conditions.
Time of necessity
From the end of the proper time for prayer after its conditions are met until just the break of dawn
‘Ishā’
Optional time
From the disappearance of the twilight until the first third of the night
Time of necessity
From the first third of the night until the break of dawn
Fajr
Optional time
From the break of true dawn until clear daylight
Time of necessity
From clear daylight until sunrise
What is the difference between the true dawn and the false dawn?
Issues related to time
The two prayers that share a time are caught after a person's excuse is removed and there is enough time remaining to perform at least one Rak‘ah after performing the first
If an excuse arises during the necessary time of the prayer and there is only enough time remaining to perform one Rak‘ah with its two prostrations, the obligation to perform that prayer is dropped
If the time is too short for the two prayers that share a time, the remaining time is allocated exclusively to the latter (or second) prayer
The time for purification is estimated after the removal of the excuse, except in the case of disbelief
What entails the commencement of prayer due time:
Adhān
Adhān
Ruling
A confirmed Sunnah for a time-bound obligatory prayer during its preferred (optional) time
In mosques without exceptions
For a congregation expecting others to join the prayer, whether during residence or travel
It is obligatory in the city on a communal basis
It is recommended during travel for an individual and a congregation that does not seek others to join
Disliked for a missed prayer, during the necessary time, for an individual in a settled area, and for a supererogatory prayer
It is unlawful to pray before the due time, except in Fajr prayer
Manner of performing it
Seventeen sentences - with Tarjī‘ -
Conditions of its validity
Islam
Sanity
Masculinity
Commencement of due time
Acts recommended in the Adhān
Standing
Being in an elevated place
Purification
Facing the Qiblah
Qadā’ (making up)
Making up for missed prayers
Observing the prescribed order of prayers
Condition for the obligation
Between two prayers that share a time, with a condition
To remember before performing the second prayer or during its performance
That his remembering must not be after completing most of the current one
Unconditional obligation
The missed prayers among themselves
Between the present prayer and a few missed prayers
(even if the time of the present prayer has passed)
A few number of missed prayers is five prayers or less
Ruling
Obligatory on an immediate basis
Manner of performing it
It must be made up according to the manner in which it was missed
Prohibited times for supererogatory prayer
Tahrīm (Prohibition)
What is meant by the supererogatory prayer that is impermissible in this context?
When the time left for performing the obligatory prayer becomes too short
During sunrise
During sunset
During the preacher's coming out for the sermon and throughout it
Upon remembering a missed obligatory prayer
Upon calling Iqāmah for a current prayer
Karāhah (Being disliked)
After the morning prayer and until the first light of the sun appears
Except for the funeral prayer and the prostration of recitation before the brightening of dawn
After the break of dawn
Except for the Fajr Sunnah prayer and the habitual voluntary prayer
From the appearance of the sun's disk until it rises as high as the length of a spear
Immediately after Jumu‘ah (Friday) prayer in the place of prayer
After the ‘Asr obligatory prayer until the beginning of sunset
Except the funeral prayer and prostration of recitation before the sun turns yellow
From sunset until the Maghrib prayer
Obligatory acts of prayer
Intention for a specific prayer
Takbīrat Al-Ihrām (opening Takbīr) and standing for it
Recitation of Al-Fātihah and standing for it
Ar-Rukū‘ (bowing) and rising from it
Prostration on the forehead
Sitting between the two prostrations
Making Taslīm and sitting for it
Straightness
Tranquility
Observing the prescribed order among the obligations
Sunnah acts of prayer
Reciting a portion of the Qur’an after Al-Fātihah, and standing for it
Silent recitation in prayers where recitation should be silent
Recitation aloud in what is to be recited aloud
Takbīr upon moving from one act to another
Tasmī‘ (saying: Allah hears whoever praises Him) for the Imam and the one praying alone
The two Tashahhuds
Sitting for the Tashahhud
The second and third Taslīms for the one led in prayer
Raising the voice for the obligatory Taslīm (salutation of peace ending the prayer)
Adding to the obligatory level of tranquility
Favorable acts in prayer
Raising the hands in the Takbīr of Ihrām
Ta’mīn (saying Ameen)
Prolonging the recitation in the Fajr and Zhuhr prayers, shortening it in the ‘Asr and Maghrib prayers, and making it moderate in the ‘Ishā’ prayer
The recitation of the one praying behind the Imam in the inaudible prayer
Saying: "Rabbanā wa Lakal Hamd" (Our Lord, to You belongs all praise)
ٍSaying Tasbeeh during Rukū‘ (bowing) and Sujūd (prostration)
The known manner of bowing, prostration, sitting, and Tashahhud
Al-Qunūt in the morning prayer
Supplication during Sujūd (prostration)
Supplication after the second Tashahhud
Starting with the right side in Taslīm
Sutrah (barrier) for other than the one led in prayer
Things disliked during prayer
Basmalah (saying: Bismillah Ar-Rahmān Ar-Rahīm) and Isti‘ādhah (saying: A‘udhu billah...) in the obligatory prayer
Supplication outside the prescribed places for supplication
Prostration on luxurious garments and carpets
Prostration on the turban's fold, the sleeve's edge, or the garment
Recitation in Rukū‘ and Sujūd
Supplicating in a non-Arabic language by one who is capable of Arabic
Turning sight without need
Interlacing and cracking the fingers
Placing the hands on the waist
Al-Iq‘ā’ sitting posture
Closing the eyes
Placing one foot over the other
Contemplation of the matters of worldly life
Carrying something in the sleeve or the mouth
Nullifiers of prayer
Intentionally skipping a condition or a pillar
Deliberately adding a pillar of action
Intentionally speaking for purposes other than rectifying the prayer
Deliberate blowing with the mouth
Intentionally eating or drinking
Deliberate vomiting
Saying As-salām (The greeting of peace) deliberately
The worshipper correcting someone other than his imam
Hadath (invalidating purity)
Laughing intentionally or forgetfully
Excessive movement
Adding four Rak‘ahs by mistake in a four-Rak‘ah or three-Rak‘ah prayer, and two Rak‘ahs in a two-Rak‘ah prayer
Error in prayer
Prostration of forgetfulness
Ruling
A confirmed act of Sunnah
Manner of performing it
Two prostrations with Tashahhud and Taslīm - without supplication -
Its types
Before Taslīm (and its cause)
Omission
A confirmed act of Sunnah, like reciting Al-Fātiḥah aloud in the obligatory prayer
Two mild Sunnah acts like two Takbīrs
When there are both omission and addition
After Taslīm (and its cause)
Addition
Actions relevant to prayer
Like adding a pillar or a Rak‘ah
Actions irrelevant to the prayer
Like little eating and drinking
Doubt
In completing or counting (one should follow what he is certain of and perform the prostration)
Ruling regarding the latecomer
If the imam experiences forgetfulness
If he has not caught up with a Rak‘ah with him, he does not prostrate
If he catches up with one Rak‘ah or more
He should offer the prostration to be offered before Taslīm with him and delay the one to be offered after Taslīm
If the latecomer forgets
In the state of Iqtidā’ (following the imam), the imam bears the responsibility for it
After separating from the imam, he should offer the prostration
Two Sīns, Two Shīns, Two Jīms ***
And Two Tā’s; such is the enumeration of the eight Sunnahs
The Sunnah acts that require prostration are eight:
Two Sīns
Surah
Sirr (secret recitation)
Two Shīns
The first Tashahhud
The final Tashahhud
Two Jīms
Julūs (Sitting for the Tashahhud)
Jahr (loud recitation)
Two Tā’s
Takbīr (other than the opening Takbīr)
Tasmi‘ (Sami‘allāhu li-man hamidah) (Allah hears the one who praises Him)
He who forgot the Prostration of forgetfulness
Post Taslīm prostraration
He should perform it even after a year
Pre-Taslīm prostration
A long time did not pass
After Taslīm, he should offer the prostration
A long time has passed, or he left the mosque
If it involves omitting three or more Sunnah acts, the prayer becomes invalid
If it is concerning less than three Sunnahs, it is not invalidated
Types of prayer
Based on its ruling
Obligatory
Not obligatory
The obligatory prayers
Individual obligation
The five daily prayers
Friday prayer
Communal obligation
Funeral prayer
Non-obligatory prayers
Supererogatory
Confirmed supererogatory prayer
Raghībah (highly recommended)
A confirmed Sunnah prayer
Examples of individual obligatory prayers
Friday prayer
Ruling: Individual obligation
Its time is like the time of Zhuhr; begins from Zawāl time
Disliked actions on Friday
Not working on that day
Ritual impurity during the Khutbah (sermon)
Travel from after Fajr until before Zawāl
The young woman who is not a source of temptation attending the prayer
Its confirmed Sunnah acts
Ritual bath
The sitting of the preacher at the beginning of each sermon
Facing the person of the imam
Recommended acts
Beforehand: - Cleaning oneself, wearing perfume, and keeping a good appearance - Going early and walking to it
In the two sermons
Making them short, with the second one shorter than the first
Beginning with praising Allah and invoking Allah’s peace and blessings upon the Messenger of Allah
Reciting something of the Qur’an
Concluding the second with seeking Allah’s forgiveness
The leaning of the preacher on a staff
To raise the voice with both of them
In the prayer, reciting Surat al-Jumu‘ah in the first Rak‘ah and either Surat al-A‘la or Surat al-Ghāshiyah in the second Rak‘ah
Prohibited actions on Friday
Traval at Zawāl time
Sale from the second Adhān to the end of the prayer
During the sermon
Stepping over necks
Eating and drinking
Talking
Performing supererogatory prayers
Conditions of Friday Prayer
For the obligation
Being a male
Freedom
Residence
Closeness to the mosque
Freedom from the excuses that waive its obligation
Validity
Congregation
Twelve men other than the imam
Being settled
What is the difference between residence and settlement?
The resident imam
Two sermons
Al-Jāmi‘ (the mosque for holding the congregation)
Congregational prayer
Its ruling
A confirmed act of Sunnah in obligatory prayers and in the confirmed Sunnah prayers, excluding Witr
Communal obligation in the entirety of the land
Recommended in the Tarāweih prayer
Condition for the validity of Friday Prayer
Conditions for the follower to follow the imam
The intention to follow the imam before Takbīrat al-Ihrām
Following him in Takbīrat al-Ihrām and Taslīm
To fully align with him in the prayer itself, its manner, and its time
How does the latecomer complete his prayer?
He builds upon (what was done) regarding the physical actions, and he makes up (what was missed) regarding the utterances
Catching up with the congregational prayer
This is achieved by catching up with a complete Rak‘ah with the imam
Disliked acts
Repeating it after the appointed imam or performing it before him
Praying between the columns without necessity
The imam's elevation above the followers in prayer
The imam praying without an outer garment
Praying ahead of the imam or being level with him without necessity
A man's prayer among women or his alignment with them
Rulings of the imam
Conditions related to the imam
Verified maleness
Sanity
Puberty
Being a Muslim
Capability to perform the pillars
Knowledge of what validates the prayer
Not intentionally nullifying ablution
Not to be a follower
People whose leading prayer is disliked
A Fāsiq (practically defiantly disobedient)
A Bedouin leading an urban-dweller in prayer
The one afflicted with incontinence and sores leading a healthy one
One who is affected by an impure substance that is excused leading those free from it
The uncircumcised
One of unknown status
The eunuch
The effeminate
It is disliked for those categories to be in the position of an appointed imam
The illegitimate child
Someone of unknown lineage
The slave
Those whose leading of prayer is accepted without dislike
The blind
The one who disagrees in Al-Furū‘ (subsidiary issues)
The amputee and the paralytic
The impotent and the leper
The inarticulate and the one who stutters or is restrained
A child leading other children
When the intention to lead the prayer is required
Friday Prayer
Combination of prayer
Prayer of Fear
Appointing a successor
From the rulings of congregational prayer
Istikhlāf (appointing a successor)
Meaning
The imam appoints another to complete the prayer for the followers due to an excuse
Reasons for Istikhlāf
Fearing the loss of a property of significance
If something occurs that invalidates his prayer but not the followers'
An occurrence that prevents the imam from leading the prayer
Ruling
It is obligatory for the Friday prayer and recommended for other prayers
Communal obligations
Prayer necessitates the bath, so whenever prayer becomes obligatory, the bath becomes obligatory
The funeral prayer
Its ruling
Communal obligation
Conditions of the obligation of prayer over the dead
Being a Muslim
He lived normally after birth
He was not a martyr in fighting for the sake of making the word of Allah Almighty supreme
Was not prayed over before
Not more than one-third of his body is missing
Pillars of the funeral prayer
Intention
Standing, for one who is capable of it
Four Takbīrs including the Takbīrat al-Ihrām (opening Takbīr)
Supplicating for the deceased after each Takbīr
Making Taslīm
The imam's position in relation to the deceased
Parallel to the shoulder of the female
Facing the waist of a man
Among the obligations regarding the deceased also
Washing
Shrouding
Carrying and burying the deceased
Washing the deceased
Who washes the deceased
A man
1. His wife
2. The closest agnate relative
3. A non-relative man
4. A woman who is a Mahram
5. If unavailable, Tayammum up to the elbow is to be performed for him
It is permissible for a woman to wash a boy of eight years
A woman
1. Her husband or her master
2. The nearer in kinship among her female relatives
3. Non-relative woman
4. A man who is a Mahram of hers
5. If not available, Tayammum is to be performed for her up to the palm
It is permissible for a man to wash an infant girl and those close to her age
Manner of performing it
Same as the manner of performing Ghusl (ritual bath) from Janābah (major ritual impurity)
From its recommended acts
Placing the deceased on an elevated surface
Squeezing his abdomen and washing his private parts
Performing ablution for him at the beginning of washing
Using lotus leaves or soap in the first wash and camphor in the last wash
It should be in an odd number up to seven
Cleaning his teeth and his nose
Drying the body before shrouding and not delaying the shrouding after washing
Its ruling: a communal obligation
Washing is waived, and Tayammum must be performed
Unavailability of water, actually or considered so under the Shariah
The use of water leading to the disintegration or peeling of the body
Rubbing the body is not required
if the peeling of the skin is feared
When there are a lot of dead people
Shrouding
Ruling
Communal obligation, and the amount due thereof is what covers the body
Recommended acts
The shroud should be white
Perfumed
To be of linen or cotton
To be an odd number, more than one
To be in the recommended attire for men (five garments)
To be in the recommended attire for women (seven garments)
Who is responsible for providing the shroud (and the costs of preparation)
1. From the wealth of the deceased
2. Those who are obligated to provide for among his relatives
3. From the Treasury
4. The Muslim community
Burial and its related matters
Recommended acts
The Lahd
Placing the deceased on his right side with his face towards the Qiblah
Dhikr to be said upon placing him
Sealing the Lahd or the crevice with bricks, and raising the grave by a span
Its ruling: a communal obligation
What is Disliked regarding it
Plastering the grave with clay or whitening it and decorating it with red or yellow colors
Building over the grave or enclosing it
Walking over the grave if it is raised and the path is beyond it
Grave
The minimum requirement is to prevent the odor of the deceased and to protect it from carnivorous animals
It is recommended not to make it deep
Other recommended matters
The dying person should have good expectations of Allah Almighty
It is recommended for the present person to gently help him say the Two Testimonies of faith
Facing the Qiblah
Closing his eyes and tying his jaw with a bandage
Lifting him from the earth and placing him on a bed or the like
Covering him with a garment and hastening his preparation for burial
Offering condolences to the family of the deceased
Preparing food for them
What is the difference between these categories?
Recitation is recommended to be inaudible in the daytime prayers and audible in the nighttime prayers
The worshipper makes Taslīm after every two Rak‘ahs
Non-Obligatory Prayers
Supererogatory
Confirmed supererogatory prayer
Raghībah (highly recommended)
A confirmed Sunnah prayer
Ar-Raghā’ib (highly recommended prayers)
It is specifically the Sunnah of Fajr
The confirmed Sunnah prayers
Witr prayer
Prayer of the Two Eids
Solar eclipse prayer
Rain-seeking prayer
Prostration of Recitation
Supererogatory prayers
Non-obligatory prayers other than those previously mentioned. They are recommended at any time except during the prohibited times
Confirmed supererogatory prayers
Regular voluntary prayers
Duha prayer
Tarāweih Prayer
Mosque-greeting prayer
Lunar eclipse prayer
Tahajjud prayer
Confirmed supererogatory prayers
Regular voluntary prayers
Their times: before and after Zhuhr, before ‘Asr, after Maghrib, and after ‘Ishā’
Their number: there is no specific number for them; two Rak‘ahs suffice, and four are recommended
Duha prayer
Time: From the commencement of the time when supererogatory prayer is permissible until Zawāl
The minimum is two Rak‘ahs and the maximum is eight
Tarāweih prayer
Number of Rak‘ahs: Twenty Rak‘ahs followed by the Shaf‘ and Witr
Its place: It is recommended to perform it at home
Mosque-greeting prayer
Its manner: Two Rak‘ahs for the one who wishes to sit in the mosque
It is not waived by sitting, and performing the obligatory prayer suffices
Lunar eclipse prayer
Its time: From the disappearance of the moonlight until the break of dawn
Its manner: It is performed as two Rak‘ahs at a time, aloud, individually, at homes
Tahajjud prayer
Its time: The best of it is the last third of the night
Number of Rak‘ahs: There is no limit to its maximum, and it is preferable to pray ten Rak‘ahs excluding the Shaf‘ and Witr
Raghībah of Fajr
Its time: After the break of dawn, and it is made up after the time when supererogatory prayers are permissible until Zawāl (the time when the sun passes its zenith)
With Al-Fātihah in the two Rak‘ahs
Confirmed Sunnah prayers
Witr prayer
Prayer of the Two Eids
Solar eclipse prayer
Rain-Seeking prayer
Prostration of recitation
Witr prayer
Its ruling
A confirmed Sunnah
Prescribed time
Optional: From after the disappearance of the twilight and the performance of a valid ‘Ishā’ prayer, until the break of dawn
The time of necessity: from the break of dawn until the morning prayer
It is disliked to delay it to this time without an excuse
Manner of performing it
One Rak‘ah in which al-Ikhlās and al-Mu‘awwidhatayn are recited after al-Fātihah
Condition of perfection
To precede it with an even-number prayer, at least two Rak‘ahs
Prayer of the Two Eids
Its ruling
A confirmed Sunnah for those obligated to attend the Friday Prayer
Prescribed time
From the time when supererogatory prayers become permissible until Zawāl time
Manner of performing it
Two Rak‘ahs with six Takbīrs in the first Rak‘ah after the opening Takbīr, and five in the second Rak‘ah after the standing Takbīr
Recommended acts
Taking a bath, applying perfume, and adorning oneself
Walking to it and returning by another route
Eating before going to Eid al-Fitr prayer and delaying it until after the prayer in Eid al-Ad-ha
Reciting Takbīr when going to the place of prayer
Reviving the night of Eid with worship
The two sermons after the prayer
Reciting Takbīr at the beginning of the sermon and during it
Performing it in the prayer area, not the mosque, except in Makkah
It is disliked to perform voluntary prayers before or after it outside the mosque, and to perform it in the mosque without necessity
Solar eclipse prayer
It is the total or partial disappearance of the sun's light
Its ruling
A confirmed individual Sunnah prayer for everyone obligated to perform prayer
Prescribed time
From the time when supererogatory prayers become permissible until Zawāl time (the sun's decline)
Manner of performing it
Two Rak‘ahs with two bowings in each Rak‘ah
Recommended acts
Performing it in congregation at mosques
Inaudible recitation therein
Prolonging the recitation, bowing, and prostration
Offering admonition after the prayer
Rain-Seeking prayer
It is asking Allah Almighty for rain water due to a drought through the prescribed prayer
Its ruling
A confirmed individual act of Sunnah for everyone obligated to perform prayer
Prescribed time
From the time when supererogatory prayers become permissible until Zawāl time
Manner of performing it
Two Rak‘ahs, like other supererogatory prayers, followed by two sermons
Recommended acts
To go out for it with humility and humble clothing
Seeking Allah's forgiveness at the beginning of the first and second sermon
Turning the upper garment inside out
Facing the Qiblah and making supplication
Giving charity and fasting three days before the prayer
The sermon should be delivered on the ground, not on the pulpit
Prostration of Recitation
Ruling
A confirmed act of Sunnah
Conditions
The same as the conditions for prayer
Manner of performing it
One prostration without reciting Takbīrat-al-Ihrām or making Taslīm
The one addressed with the Prostration of Recitation
The listener, with a condition that
The reciter's intention should not be to showcase their pleasant voice to the people
That the reciter performs the Prostration of Recitation
The eligibility of the reciter for leading the prayer
That he sits for learning
The reciter
Exceptional rulings in prayer
Shortening the prayer
Ruling
A confirmed act of Sunnah
Prayers where it is applicable
The four-Rak‘ah prayers
Conditions
The journey to be permissible
The distance must be four "barīd" or more (48 miles)
To determine to travel that distance from the beginning
That he does not interrupt his journey with a stay that intersperses the distance
Exceeding the bounds of dwellings
When the traveller should perform complete prayers
Intending to stay for four complete days
Entering his home country [city] from which he departed
Entering the marital home of his wife with whom he consummated marriage
Following the resident in prayer
Combining prayers
Ruling
A permissible concession in both residence and travel in two prayers that share a time
Its reasons
Travel, even if it is brief
Rain
The mire with darkness
Illness
In Hajj (at ‘Arafah and Muzdalifah)
Its types
Advancement
Delay
Sūri (apparent)
Prayer of fear
Its ruling
A confirmed act of Sunnah
Manner of performing it
The imam divides the army into two groups and leads each in half of the prayer according to the prescribed manner
Conditions
To be during the fight
Fighting should be permitted
That it is possible for some of the army to cease fighting
When fear intensifies
Prayed individually as the situation necessitates
Comprehensive questions on the rulings of prayer
List the times for the five daily prayers, and mention the difference between the necessary time and the optional time?
State the ruling of the Adhān (call to prayer), its recommended acts, and the conditions for its validity.
When is observing the prescribed sequence between prayers a conditional obligation, and when is it an unconditional obligation, and what is the nature of making up for missed prayers?
Mention four times during which performing supererogatory prayers is strictly prohibited, and three times during which it is disliked.
List the obligatory and Sunnah acts in prayer.
List five of each: (prayer's favorable acts, disliked acts, and its invalidators).
What are the types of prostration of forgetfulness in prayer, mentioning the reasons for each type, and what are the Sunnah acts for which one prostrates? Also, clarify the ruling for the latecomer if the imam forgets.
Mention the types of prayers based on their rulings, clarifying what falls under each type.
What are the conditions of the Friday prayer, mentioning three from each of: its Sunnah acts, its recommended acts, its disliked acts, and what is prohibited on its day?
What is the ruling on congregational prayer? Mention the conditions for the one led in prayer to follow the Imam.
What are the conditions related to the imam? Mention three people whose leading prayer is disliked in all circumstances.
What is the meaning of Istikhlāf in prayer, and what are its causes?
List the conditions for the obligation of prayer over the dead, explaining the pillars of the funeral prayer.
When is washing the deceased waived and Tayammum required? And who is prioritized in washing the woman when there are many people to do so?
What is the ruling on shrouding the deceased, and what is obligatory in it? Mention three of its recommended practices.
Mention three commendable practices of burial and three disliked ones.
List the confirmed supererogatory prayers, describing the nature of each type, and what is the Raghībah according to the Māliki school?
What is the prescribed time for the Witr prayer, and what are its conditions?
How is ‘Eid prayer performed? Mention three of its recommended acts.
What is the prescribed time for the Kusūf (solar eclipse) prayer? How is it performed, and what are its recommended acts?
What is the ruling on the Istisqā’ (rain-seeking) prayer? When is its time? And how is it performed? Explain four of its recommended acts.
What is the ruling on the Prostration of Recitation? And to whom is it addressed?
What are the conditions for shortening the prayer during travel? List the reasons for combining the prayers.
What are the conditions for the prayer of fear? How is it performed when fear intensifies?
Categories of Zakah
Zakah
Wealth
Abdān (bodies)
Zakah on wealth
Conditions
The types of property that are subject to Zakah
Channels
Conditions of Zakah
Conditions for the obligation
Freedom
Complete ownership of the Nisāb
Completion of a Hawl (lunar year)
In livestock and property
Not being in debt
The arrival of the Zakah collector (validity condition)
In livestock
Ripening and the ability to be rubbed (to get rid of husk)
In cultivated land crops
Condition of validity
Being a Muslim
Intention
Paying Zakah after it has become obligatory
Paying it in the place of the obligation
Paying it to its rightful channels
Property on which Zakah is due
Al-‘Ayn (prices)
Livestock
Land produce
Trade goods
Al-‘Ayn (prices: gold, silver and cash)
Nisāb
(Cash currencies are combined to complete the Nisāb)
Gold
20 Dinars approximately equals 85 grams
Silver
200 Dirhams equals approximately 595 grams
What to be given out
A quarter of one-tenth = 2.5%
Excluded from this are: the jewellery permissible for use
Property item
Usurped or lost property item: After repossession, Zakah is paid for one year
The deposited property: Zakah is paid for all the years after acquisition
Dirham = 2.97 grams of silver
Mithqāl = Dinar = 4.25 grams of gold
Zakah of Livestock
Nisāb
Camels: (5)
Cows: (30)
Sheep: (40)
That which is joined together
Bactrian camels to Arabian camels
Buffaloes to cows
Sheep to goats
Extra during the lunar year
Offspring
The offspring is counted with the mothers and Zakah is paid on them together, even if they do not reach the Nisab except with the offspring
And likewise is the ruling concerning the profit of wealth
Profit
The original amount has reached a Nisāb: the profit is combined with the original amount and Zakah is given according to the original's Hawl
The original amount below the Nisāb (the total is Nisāb): A new lunar year is commenced for both
The profit (of wealth) is not combined with the original amount and starts a new lunar year (Ḥawl) for itself if it reaches the Nisāb
Zakah is due on grazing and non-grazing cattle
Land produce
Cultivated crops
(grains and fruits)
Hidden treasure
What is found from the buried treasures of the pre-Islamic era
Minerals
Zakah on crops
Categories on which Zakah is due
Twenty
Grains
Al-Qamh (Wheat), barley, and Sult (spelt)
The seven pulses
Combined with one another to complete the Nisāb
Al-‘Alas (type of wheat)
Corn
Millet
Rice
The oil-producing seeds/crops (four)
Fruits
Dates
Raisins
Amount due
If its irrigation involves labor
Half of one-tenth
If its irrigation
involves no labor
One-tenth
Nisāb
Five Wasqs
(60 Sā‘s)
Zakah on buried treasure (Rikaz)
Conditions
Buried in the deserts
during the pre-Islamic era
Amount due
Gold and silver or the like
Its extraction requires a large expenditure or much effort
A quarter of one-tenth
To the channels of Zakah
Other things
One-fifth
For the ruler to allocate it for the benefit of the Muslims
Nisāb or the passage of a year is not a condition
Zakah of minerals
Its essence
What is extracted from the earth, like gold or silver, with effort and refinement
Amount due
Gold and silver
A quarter of one-tenth
Its channels are the channels of Zakah (people eligible to receive Zakah)
Other minerals
Nothing due on them
Conditions
The Nisāb (Nisāb of cash)
The passage of a lunar year is not a condition
Trade goods
Types
Circulating
Zakah is paid on it whenever a lunar year has passed over it
Non-circulating (held/hoarded)
Zakah is due for one year upon sale
If the price is received as a specific item
Amount due on it
A quarter of one-tenth
The categories to which it is given
The poor
The needy
Those employed to collect it
Those whose hearts are hoped to incline towards Islam
Captives and slaves
Those in debt
In the cause of Allah
Wayfarers
Those to whom Zakah is not payable
A slave
A disbeliever
Banu Hāshim
A wealthy person
Those whose maintenance is obligatory upon the payer
Zakat Al-Abdān (Fast-Breaking Charity)
Its ruling
It is obligatory upon every Muslim who possesses more than what suffices him and his dependents on the day of Eid, for himself and those whom he is financially responsible for
Its recipients are the poor and the needy among Muslims
Due time
Permissibility time
Two days before ‘Eid
Obligation time
By the sunset on the night before ‘Eid
It is prohibited to delay it beyond the day of Eid, and it is not waived
Optimum time
After the Fajr prayer and before the ‘Eid prayer
What to be given out
A Sā‘ of the country's customary staple food
Wheat
Dates
Barley
Spelt (a species of wheat/cereal)
Raisins
Dry cottage cheese or yogurt
Rice
Corn
Millet
Comprehensive questions on the section of Zakah
Mention the conditions of the obligation of Zakah.
List the kinds of property on which Zakah is due.
What is the Nisāb of gold and silver in grams?
How is Zakah paid on an usurped item, and is there a difference between it and a deposited one?
How is Zakah paid on the profit from livestock?
What is the due amount of Zakah on cultivated crops and what are the categories liable for it?
What is the difference between the Zakah of minerals and the Zakah of buried treasure?
How is Zakah calculated on trade goods?
Who are the recipients of Zakah?
List the categories of recipients to whom it is impermissible to give Zakah.
Who are the recipients of Zakat al-Fitr and what are the categories from which it is given?
What is the duration of the wiping period, and what is the ruling on the prayer of one who neglects wiping over the bottom of the Khuff (leather socks)?
Diagrams of Fasting
Fasting
Conditions
Pillars
Types
Actions done during fasting
Breaking the fast
Fasting
Conditions
Pillars
Types
Actions done during fasting
Breaking the fast
Pillars of fasting
Intention
It is a condition that it be made during the night for both obligatory and supererogatory fasting
Abstention
from the prohibitions that invalidate the fast from the break of dawn until sunset
Types of fasting
Obligatory
Ramadan
Vow
Expiation
Making up the missed obligatory fast
Prohibited
Two days of the Eid
A woman's fasting without the permission of her husband who is in need of intercourse
Second and third day after al-Ad-ha
Recommended
Absolute
Restricted
Fasting the day of ‘Arafah for those not performing Hajj and the eight days preceding it
‘Āshūrā’ (the 10th of Muharram) and Tāsū‘ā’ (the 9th of Muharram)
The rest of Muharram
Rajab and Sha‘bān
Monday and Thursday
Three days from every month
Disliked
Fasting the entire year
Day of Doubt (last day of Sha‘bān) as a precaution
Fourth day of Sacrifice
Fasting of the guest without the host's permission
Manifesting the fast of the six days of Shawwāl
Specification of the 13th, 14th, and 15th days of each lunar month as the Three White Days
Ramadan
Its beginning
Completing 30 days of Sha‘bān
The sighting of the crescent by two just witnesses
The sighting of the crescent by a widespread group
The sighting by a just individual for those who have no concern for the crescent
Its end
Completing 30 days of Ramadan
Testimony of two just witnesses regarding the sighting of the crescent
Should we rely on astronomical calculations?
,,.......
Actions occurring during fasting
Types
Recommended
Having the Suhūr (pre-dawn meal) and delaying it
Hastening to break the fast
Refraining from idle permissible speech and actions
Breaking the fast by eating ripe dates in an odd number
Permissible
Using the Siwāk (tooth-stick)
Rinsing the mouth for thirst or heat
Reaching the morning while in a state of Janābah (major ritual impurity)
Breaking the fast when there is a valid excuse
Disliked
Applying perfume or smelling it
Cupping for the sick
Tasting something that has a taste
Chewing gum and the like
Foreplay if safety is known
Al-Wisāl (fasting continuously without breaking one's fast)
Prohibited
Backbiting and similar actions
A kiss that leads to ejaculation
Things that spoil the fast
Delaying the making up of missed fasts until the next Ramadan
Breaking the fast
Things that necessitate breaking the fast
(Nullifiers of Fasting)
Categories of those who break the fast
The things that break the fast (nullifiers of fasting)
Causing a liquid to reach the throat
Letting a fluid reach the stomach from the mouth or the anus, or a non-fluid from the mouth only
Deliberate vomiting
Sexual intercourse
Discharge of semen or pre-ejaculatory fluid through direct physical contact, looking, or imagination
Intention to invalidate the fast during its course
Swallowing vomit involuntarily, or regurgitation that can be expelled from the throat to the mouth
Inhaling incense or the reaching of steam to the throat
Categories of those who break the fast
Those upon whom only making up the fasts is obligatory
A traveling person
A menstruating woman and a woman experiencing post-partum bleeding
An ill person
One who based breaking his fast on a relatively sound interpretation
The ignorant
One who is coerced or forgetful
A pregnant woman
A nursing mother, if she fears for herself
Those required to make up the missed fast and to feed the poor
A suckling mother, if she fears for her child
One who delayed making up missed fasts without an excuse
Those required to make up the missed fasts and offer expiation
The deliberate choice without relatively valid interpretation or ignorance
Those required to only feed the poor (recommended)
The senile and the sick who is not expected to recover
Expiation
Feeding (60) needy people (best option)
Fasting for two consecutive months
Freeing a slave
With the option to choose among them
I‘tikāf (seclusion for worship)
Ruling
Recommended supererogatory act of worship
Conditions
Intention
Permissible mosque
Being Muslim
Discerning
It should not be less than one day and night
Fasting
Abstaining from sexual intercourse and foreplay
Invalidators
Intentional breaking of the fast
Sexual intercourse and foreplay during the night or daytime
Leaving the mosque without necessity
Deliberate consumption of intoxicants at night
Comprehensive questions on the rulings of fasting
Mention the conditions for the obligation of fasting
List the types of fasting based on its ruling
What is the ruling on fasting on ‘Eid al-Fitr and ‘Eid al-Ad-ha days?
What is the ruling on fasting on the 12th of Dhul-Hijjah?
What is the obligatory fasting?
Mention four types of recommended fasting.
What is the ruling on fasting the six days of Shawwāl?
How is the start of Ramadan established?
List the things that invalidate the fast.
List the categories of those who break the fast, providing an example for each category.
Mention 4 of the Sunnah acts of fasting.
What is the ruling on smelling perfume for the fasting person?
What is the ruling on the fasting person kissing his wife?
Mention 3 disliked acts for the fasting person.
What is the ruling on I‘tikāf?
What are the conditions for I‘tikāf?
Diagrams of the rituals
Rituals
Types
Hajj
Related issues
Conditions
Types
Actions related to Hajj
Ending Ihrām of Hajj
‘Umrah
Is Hajj obligatory on an immediate basis?
...........................................................................................................
Conditions of Hajj (Pilgrimage)
Obligation
Puberty
Freedom
Ability
The ability to reach Makkah by walking or riding
Safety for the self and property
An additional condition for women: the presence of a husband, a Mahram, or a trustworthy company.
Sanity
Validity
Being a Muslim
Types of Hajj
Types
Ifrād
Intention for Hajj only
The optimum choice
Qirān
The intention of Hajj with ‘Umrah, or performing Hajj following ‘Umrah.
Next in optimum degree
Tamattu‘
Intention for ‘Umrah during the months of Hajj, then assuming Ihrām for Hajj in the same year
Actions of Hajj
Pillars
Conditions
Obligatory acts
Sunnah acts
Recommended acts
Obligatory acts
Sunnah acts
Recommended acts
Prohibited acts
Disliked acts
Permissible acts
Spatial Miqāts:
Makkah: ................. Dhul-Hulayfah: ................
Al-Juhfah: ........... Yalamlam: ...................,..
Qarn al-Manāzil: ........ Dhāt ‘Irq: ...................
The first pillar: Ihrām
Required acts
The male must take off tailored and stitched clothes
Talbiyah
Connecting the Talbiyah with the Ihrām
Uncovering the head for the male
Sunnah acts
Ghusl (ritual bath) associated with Ihrām and preceding it
The specific clothing
Offering two or more Rak‘ahs after the ritual bath and before entering the state of Ihrām
Recommended acts
Assuming Ihrām after the rider is settled on their mount and the pedestrian upon commencing their walk
Removing dishevelment before making Ghusl
Adhering only to the Talbiyah of the Messenger of Allah (ﷺ)
Renewing the Talbiyah when the state changes
Moderation in raising the voice when proclaiming the Talbiyah
Moderation in the continuous repetition of Talbiyah
The second pillar: Performing Sa‘y (walking deligently) between Safa and Marwah
Conditions of its validity
That a valid Tawāf precedes it
One should begin at Safa and end at Marwah
The rounds should be seven
Consecutiveness
Obligatory acts
To occur after an obligatory Tawāf
It should precede the standing at ‘Arafah
Walking, for one who is capable of it
Sunnah acts
Kissing the Black Stone before heading for Sa‘y
Ascending As-Safa and Al-Marwah for men
To hasten between the two green lights
Invocation on Safa and Marwah
Recommended acts
Drinking Zamzam water before proceeding for it
Purification from Hadath (ritual impurity) and Khabath (filth)
Covering the ‘Awrah
Standing on Safa and Marwah without sitting
The third pillar: Attending ‘Arafah on the Night of Sacrifice
Conditions of being a pillar
Standing during the night
Direct contact with the face of the earth or what is connected to it
Obligatory acts
Tranquility
Standing after Zawāl time
Sunnah acts
Two sermons at the Namirah Mosque
Combining the Zhuhr and ‘Asr prayers (likewise for the people of ‘Arafāt)
Shortening the Zhuhr and ‘Asr prayers (for those who are not residents of ‘Arafāt)
Recommended acts
Standing at Ar-Rahmah Mount by the huge boulders
Ablution
Standing with the people
Standing as a rider
Supplication for the good of this world and the Hereafter
The fourth pillar: Tawāf al-Ifādah
Conditions of validity of Tawāf (in general)
Purity from Hadath and filth
Covering the ‘Awrah (such as in prayer)
Letting the Ka‘bah be on one's left and keeping the body outside of it and outside of Al-Hijr
It should be seven rounds
It should be inside the mosque
Consecutiveness
Obligatory acts
Two Rak‘ahs after its completion
Starting from the Black Stone
Walking: for one who is capable
Sunnah acts
Kissing the Black Stone silently at the beginning
Touching the Yemeni Corner in the first round
Ramal (quick and short steps) for men during the Tawāf of arrival and ‘Umrah only
Supplication during it
Recommended acts
Kissing the Black Stone at the beginning of the rounds after the first round
Supplication at Al-Multazam (between the Black Stone and the Door)
Being close to the House for men
Performing Tawāf al-Ifādah on the Day of an-Nahr before the Zawāl (decline of the sun) and immediately after shaving, without delay.
The time for Tawāf al-Ifādah (pouring forth)
From the break of dawn on the Day of Nahr, and it must be after the stoning of the Jamrah, until the end of Dhul-Hijjah
If he delays it to Muharram, he must offer a sacrifice
Forbidden acts during Ihrām
Covering the head and face for men
A female wearing something that encloses her palms or fingers
A woman covering her face except for fear of temptation
A male wearing form-fitting clothes that envelop the body or a limb
Clipping the nails without a valid excuse
Cutting or removing the hair
Applying perfume
To approach or hunt land animals and the trees of the sanctuary that grow naturally
Sexual intercourse, foreplay, and ejaculation
Applying oils/ointment
Henna and Kohl
Marriage and giving someone in marriage
Disliked acts during Ihrām
Tying the expenditure-pouch to the upper arm or the thigh
A Muhrim placing his face down on a pillow or similar objects
Smelling masculine perfume
Staying in a place with feminine perfume and carrying it along
Cupping without a valid excuse if it does not remove hair
Submerging the head in water.
Looking in the mirror
Permissible acts during Ihrām
Seeking shade under a structure, a tent, trees, and a canopy
Shielding oneself from the sun or rain with the hand or a raised object without it touching the body
Carrying something on the head for a need
The pilgrim in the state of Ihrām tying a belt/sash on the skin for holding the expenses-pouch
Gently scratching concealed body parts
Lancing a wound or boil to release its contents
Bloodletting for a need without a bandage
Replacing and washing the garment in which one assumed Ihrām
Entering the bathroom, even if the stay is prolonged
Tahallul (ending Ihrām) of Hajj
Minor Tahallul
By stoning Jamrat al-‘Aqabah, everything becomes permissible except women (sexual relations) and hunting, while perfume is disliked.
Major Tahallul
By performing Tawāf al-Ifādah (pouring forth), everything becomes permissible, including women and hunting.
‘Umrah
Its pillars
Ihrām
Tawāf
Sa‘y
Mīqāt
Temporal
All of the year
Spatial
Same as the Mīqāt for Hajj for those outside Makkah
Outside the sanctuary for those who are in Makkah
Ruling: Sunnah
Defects that prevent the sufficiency of the slaughtered animal:
Sacrificial animals
Hady (Hajj sacrificial animals)
Ransom
Ud-hiyah (‘Eid sacrificial animals)
Conditions
freedom from manifest defects
To be a Thaniyy (has reached the age specified by the Sharia)
To be slaughtered during the day after the prayer and after the imam slaughters his sacrifice
Freedom from joint ownership
The person performing the slaughter must be a Muslim
Types
Best choice
Ghanam (sheep then goats)
Then cattle
Then camels
Its ruling
Sunnah for the non-pilgrim
‘Aqīqah (animal slaughtered for a newborn)
Conditions
Conditions of Ud-hiyah
Its ruling
Recommended
Number of animals to be slaughtered
One sheep for the male and female
Prescribed time
The seventh day after birth
What is the required age of the slaughtered animals?
Camels: ..................................
Cattle: ..................................
Sheep: ..................................
One of the conditions for the permissibility of the slaughtered animal is for it to be slaughtered according to Sharia rules
Slaughtering according to Sharia rules
Slaughter
It is obligatory in sheep and birds, and recommended in cattle
Conditions
Intention
Tasmiyah (mentioning Allah's name)
The slaughterer must be a discerning person
Muslim, Jew or Christian
Cutting the throat and the two jugular veins
From the front side
By a sharp tool
That the tool for slaughter must not be lifted before the completion of slaughter
Nahr (stabbing the throat)
In camels, and it is disliked in cattle
It is stipulated to be in the throat
The deadly action (the procedure that ends life)
Every action that causes the death of created beings that do not have flowing blood
‘Aqr (fatal wounding)
This applies to wild game that is hard to seize
Hunting
Conditions
The hunted animal must be a wild animal that is hard to seize
To be done with a sharp tool or a trained animal sent by the hunter
That the hunter be a discerning person
A Muslim
Intention
Tasmiyah (mentioning Allah's name)
Ruling
Permissible
Oaths and vows
Vow
Pillars
The committed person (a Muslim subject to the rulings of Sharia)
The committed action (something intended for drawing close to Allah)
Wording
Its types
Unspecified
Recurrent
Conditional
Involving disobedience
Not involving disobedience
Oath taking
Categories
Confirmed
Expiation is required
Expiation
Feeding 10 needy persons
Or providing clothes to 10 needy people
Or the freeing of a slave
Or fasting for three days
Not confirmed
Expiation is not required
Unintentional oath
Yamīn Ghamūs (false oath)
Cases where no expiation is due
Using a conditional phrase in the confirmed oath
Prohibiting the lawful
Saying: He is a disbeliever or a Jew
Fulfilling vows is obligatory
Excluding
The ambiguous vow
In case of inability
The person legally restricted concerning his property
The wife and the sick person regarding more than one-third of the wealth
Whoever says: My wealth is for the sake of Allah
Comprehensive questions on the rulings of Hajj rituals (and oaths and vows)
Mention the conditions for the obligation of Hajj.
What are the types of obligatory Hajj?
List the pillars of Hajj.
List the obligatory acts of Hajj.
What is the difference between a pillar and an obligatory act?
List the prohibited acts during Ihrām and explain what is required of those who commit them.
What are the pillars of ‘Umrah?
What are the types of terminations of Ihrām in Hajj?
Mention 4 examples of sacrificial animals commanded by the Sharia
What types of animals can be slaughtered for Ud'hiyah and the like?
What is the prescribed time for slaughtering the Ud'hiyah?
What is the prescribed time for slaughtering the ‘Aqīqah?
How many animals are slaughtered for the ‘Aqīqah of a newborn?
What are the types of Dhakāh (Sharia-approved slaughter), explaining 4 among the conditions of slaughter?
State the conditions of hunting.
List the oath categories and explain what is included in each category.
What is the obligatory expiation for breaking an oath? Mention the situations in which it is not required.
State the pillars of a vow and its types.
State three cases where fulfilling a vow is not obligatory.
Diagrams of Jihad
Jihad
Related issues
Ruling
Fighters
Those who are fought
Spoils
Ruling of Jihad
It has two cases
Individual obligation
Cases
When the ruler commands participation in Jihad
When the enemy suddenly attacks some of the lands of the Muslims
By means of a vow
Communal obligation
Every year with the ruler
It is unlawful to flee from the army of the disbelievers
In two cases
If the army of the Muslims is half the army of the disbelievers
If the Muslim army reaches twelve thousand
Fighter
Conditions for the obligation
Being a Muslim
Adult
Male
Sane
Capability (physically and financially)
Free
Permitted (unless Jihād is obligatory on him)
Not being in debt
Those who are fought
Conditions
Being a disbeliever
Combatant
Adult
Sane
Male
Those fit for combat
Those who are not permissible to be killed
Women
Children
Old decrepit men
The blind
The handicapped
The secluded monks
Not subject to enslavement
The feeble-minded
Spoils of war
In armed combat, there are types
Humans (captives)
The ruler has the choice between:
Those permissible to be killed:
Killing
Granting freedom
Ransom
Imposing Jizyah
Male
Sane
Adult
Capable
Free
Associating with people of his religion
Those prohibited to be killed
Becomes a slave on account of capturing him
Except for a monk in seclusion
All other types of property other than territories
To be divided into five parts: one-fifth is for the public treasury, and the remainder is for those who participated in the battle
It is permissible for the ruler to allocate extra shares from the fifth, and grant the loot of the one killed to his killer.
Territories
Non-arable lands are allocated as endowments for the benefit of Muslims.
Dead lands are owned by whoever revitalizes them
Considered among the binding contracts
Musābaqah (contest/race)
Types
Among the horses
Among the camels
Between horses and camels
In archery/shooting (with arrows and weapons)
Ruling: Permissible when totally free
Permissible for a reward under conditions
Designation of the start and end points
Identifying the mount and the archer/shooter
The reward should be something validly saleable.
Determination of the number and type of hits
The reward must be from a donor or one of the two contestants.
His property does not return to him in any case.
It should be for the purpose of training for Jihad, not merely for amusement.
To be in the previously-mentioned types
Comprehensive questions on the rulings of Jihād
What is the ruling on Jihād?
What are the conditions for the obligation of Jihād concerning the fighters?
4. What are the conditions for a person to be considered a Muqātal (those fought by the Muslims)?
List the categories of disbelievers who are not permissible to be killed. When is it permissible to kill these categories?
When is fleeing from the army of the disbelievers prohibited?
Explain the categories of war booty and the ruling regarding each category.
Mention the conditions for the permissibility of race with reward.
Page of the Exercises Cover
Fiqh of the Family
Marriage
Separation
Fiqh of the Family
Marriage
Ruling
Preliminary steps (engagement)
Essential elements
Conditions
Impediments
Invalid marriages
Option in marriage
Among the consequences of marriage: (financial provision)
Separation
Ruling on marriage
In principle, it is recommended
(regardless of the person's condition)
It is subject to the five legal rulings
(based on the person's situation)
Obligatory for one who fears committing Zina (unlawful sexual intercourse)
Recommended for one who desires it or hopes for offspring, and has no fear of falling into Zina
Permissible for one who doesn't desire it, if not seeking offspring
Disliked for one who doesn't desire it, if fears it will prevent him from a non-obligatory act of worship
Forbidden if it leads to falling into what is forbidden (and he does not fear committing Zina)
(Without regard to the person's situation)
(Based on the person's situation)
Engagement
Cases pertaining to women
Observing the waiting period
Revocably divorced
Proposing to her is totally impermissible
Irrevocably divorced
It is prohibited to make a direct proposal of marriage, as opposed to an indirect one.
Neither an engaged woman nor a woman in her waiting period
Proposing marriage to her is totally permissible
Explicitly
and indirectly or implicitly
The engaged woman
Proposing to her is prohibited under two conditions
Inclination to the first suitor
The first suitor is not a Fāsiq (defiantly disobedient)
Essential elements of marriage
Subject matter (the two spouses)
The matrimonial guardian
Conditions
Male
Free
Adult
Sane
Muslim, if the bride is a Muslim
Not being in a state of Ihrām
The wording
It consists of
Offer (from the matrimonial guardian or his representative)
Wording (the used tense)
The past tense and the imperative denote binding commitment
The present tense verb requires a contextual indicator of enactment, not of a promise.
Its types
Explicit (marriage and giving someone in marriage)
Non-explicit (such as a gift, and what entails lifelong duration, like transfer of ownership)
Acceptance (by the husband or his representative)
Wording (I have accepted, I have consented, and the like)
It is valid to precede the offer, and there is nothing wrong with a slight separation between them
Neither writing nor gesturing is sufficient, except in cases of necessity such as muteness.
Guardianship
General
Special
The compelling guardian
The master
The father
Executor of the father
Non-compelling guardian
Conditions related to the spouses
The common conditions between them
Non-coercion
Absence of a life-threatening illness
Absence of a Mahram relationship
Absence of legal impediment
Not being in a state of Ihrām
Not agreeing to conceal it
Conditions specific to the husband
Being a Muslim
Not having four wives
Not being married to a woman with whom it is forbidden to combine the new wife in marriage
Conditions specific to the wife
Without having a husband
Not observing ‘Iddah of a previous marriage
Being a Muslim woman, or a free woman of the People of the Book
Not being irrevocably divorced from the husband
Conditions of marriage
The dowry
Conditions
Legally considered wealth/property
Pure
Can benefit from
Possibility of delivery or handover
Known in quantity, type, and time
Not less than a quarter of a dinar or three dirhams
Bringing witnesses before consummation
Conditions
Two men
Two upright men
No collusion to keep the contract secret
Suitability in marriage
In three matters
Religion
Freedom
Freedom from defects
Impediments to marriage
Blood relations
Ascendants
Descendants
Branches of the first ascendant -the mother and the father- (brothers, sisters, and their children)
First branch of each ascendant (paternal and maternal uncles, up to all levels)
Relationship by marriage
Wife of the ascendant and the descendant
The wife's ascendants (by marriage contract)
The wife's branches (by consummation of marriage)
Breastfeeding (like what becomes unlawful through blood ties)
Exceeding the limit of four wives
Combining women who are prohibited from being married together (if one of them were presumed to be a male, he would be prohibited from marrying the other)
Triple divorce
Being a polytheist (other than the free woman of the People of the Book)
A life-threatening illness
Li‘ān (oath of condemnation)
Being a "Muhsan" through having a husband
‘Iddah (waiting period) and ascertaining non-pregnancy
Being in the state of Ihrām
Pregnancy
Invalid marriage
What is annulled before consummation and after it (unless a long time has passed)
Three forms
Secret marriage
When an orphan girl is married off without the fulfillment of the conditions
When the noblewoman is married by general guardianship
What should be annulled before consummation, not after it
A stipulation that contradicts the objective of marriage (the condition becomes invalid)
Example:
Stipulation of an option (of withdrawal) in the contract
Stipulating the abstinence from sexual intercourse
Invalidation due to an invalid dower (in which case, the standard dower is binding)
Example:
The dowry is unknown
That it be prohibited, such as alcohol and swine
That which is absolutely annulled
Example:
A deficiency in one of the conditions of the matrimonial guardian or the two spouses
A defect in an essential element
Mut‘ah (fixed-term marriage)
Explicit Shighār (quid pro quo marriage)
Conditions that are not contrary to the contract's purpose
For example
Stipulating that he shall not marry another wife or take her out of her country
Ruling on its stipulation
Disliked
Its ruling after it has occurred
It is recommended to abide by it, unless accompanied by an oath
Option (to rescind or withdraw) in marriage
The option is established if the following defects are found
Defects common to both of them
Vitiligo
leprosy
Insanity
Al-‘adhaytah (discharge of feces or urine during sexual intercourse)
Defects related to the husband
Castration
Amputation of the penis
Sexual impotence
Erectile dysfunction
The annulment based on these defects is justified if they existed at the time of the contract, the (wronged party) was unaware of them, and did not consent to them after awareness
Defects specific to the wife
Al-qaran (vaginal bony obstruction)
Ar-rataq (vaginal closure)
Al-‘afal (vaginal excessive discharge)
Al-ifdā’ (the passage of the vagina and urine or feces (or both) merge or become one)
Malodorous vagina
If the defect occurred after the contract
The option (to cancel the marriage) is not established for the husband
The option of annulment is established for the wife for vitiligo, leprosy, or insanity of the husband
Reasons for the obligation of maintenance
Marriage
With whom marriage is not consummated
Obligatory with conditions
Husband
Adult
Wealthy person
Wife
Capable of enduring sexual intercourse
His request for conjugal relations
One of them is not at the point of death
One with whom marriage is consummated
Obligatory, conditional upon allowing the husband to have access to her, conjugally
Specific kinship
Categories
The indigent parents (and their servant)
Wife of the indigent father (and her servant)
The son providing for the father
The mother breastfeeding her child
Ownership
Slaves
Beasts
According to custom
Types of maintenance
Sustenance
Condiment
Clothing
Habitation
Separation
Khul‘
Divorce
Īlā’
Zhihār
Li‘ān
Consequences of separation
‘Iddah (waiting period)
Custody of children
Maintenance is waived in some cases
Khul‘ (Wife-Initiated Divorce)
Ruling: Permissibility
Essential elements
The person committed to the compensation (a rational person)
It may be from the wife or from someone else
Compensation (such as the dower, or less, or more than it)
The effectuator: The husband or his representative (legally competent and not suffering from a deathbed illness)
The subject of compensation (al-‘Ismah), i.e., the husband's right to dissolve the marriage
Formula (I have sought khul‘ and the like)
A wife seeking Khul‘ (not ill with a life-threatening illness)
Its types
Two cases
In return for compensation
A pronouncement of Khul‘ without compensation
Consequences
What it entails
One incident of divorce
Irrevocable divorce
This necessitates
Maintenance is waived during the ‘Iddah
Loss of inheritance rights
divorce
Ruling
Essential elements
Sections
Ruling of divorce
It is permissible in principle
(Contrary to what is more appropriate)
It is subject to the other legal rulings (due to an incidental factor)
It can be
Obligatory
(If he knows that keeping her will cause him to fall into a prohibited act)
Recommended
(like when she is of obscene speech, and he fears she would lead him into what is forbidden, or of little modesty)
Forbidden
(If he knows that divorcing her will cause him to commit a prohibited act)
Disliked
(as in some cases of Bid‘ah-based divorce)
Pillars of divorce
The issuer of the divorce
Its types
Husband
Deputy
Guardian
Conditions
Muslim
Legally competent for religious assignments
This leads to the exclusion of
two categories
Someone of unsound mind
His divorce is ineffective
(The insane and the unconscious)
His divorce takes effect
(One intoxicated by a prohibited substance)
Non-adult
With free will
Subject matter
The possessed ‘Ismah (right to effectuate divorce)
In actual fact (the wife)
By legal assumption (conditional divorce of a woman not yet married)
Intent
It occurs in
The intent of uttering the word
Evident allusion
Explicit wording
Intending a divorce
Obscure allusion
The wording
Two cases
Explicit
By allusion
Two cases
Evident
Obscure
That which substitutes for an expression, such as gestures and writing, is attached to it.
What is the ruling on divorce by an unauthorized agent?
Categories of divorce
Based on the nature
Sunnah-compliant
Conditions
One complete incident of divorce
During a purity period
wherein no intercourse has occurred
She should not be in the waiting period of a revocable divorce
That he not apply it to a part of the wife
Bid‘ah-based (religious innovation)
Two cases
Prohibited
In a state of menstrual or postpartum impurity)
The triple divorce
That which is partial or applied to a part of the woman's body
Disliked
That which misses one or more of the remaining conditions
In terms of the possibility of remarriage with one's divorcee
Revocable
It occurs in
Divorce of a wife whose marriage is consummated, less than thrice, without compensation
Ruling
It is permissible for him to take her back as long as she is in her waiting period
Irrevocable
Minor irrevocability
With compensation (Khul‘)
One with whom marriage is not consummated
Divorce of the ruler/judge
Except in insolvency and Īlā’
Major irrevocability
By three divorces for a free man and two for a slave
That by which taking back a divorced wife takes place
Statement
Explicit
Ambiguous term with an intention
An act with intention (such as sexual intercourse and its preliminaries)
Intention only (inner thought)
Īlā’ (Oath to abstain from intercourse with wife)
Related elements
The one conducting Īlā’
Conditions
Husband
Muslim
Legally competent
Sexually potent
Wife
Non-suckling mother (period of suckling)
A woman who is marriageable to him (by intention) and one who has not yet experienced menstruation and is not capable of enduring intercourse
Īlā’ includes
Period of time
For a free man
More than four months
For a slave
More than two months
Oath
It should be
By Allah, or by His attributes, freeing a slave, divorce, or commitment to an act of worship
It is concluded by the absolute, restricted, and conditional oath
Consequences
The period should be observed
He takes back his oath [and makes expiation]
or divorces (revocably)
Or the ruler/judge grants the divorce against him
Zhihār (Likening a wife to an unmarriageable woman)
Ruling: prohibited
Essential elements
A man doing Zhihār (husband or master)
Muslim
Legally competent
A woman subject to Zhihār (wife or slave woman)
That to which the wife is likened
Any being with whom sexual intercourse is principally unlawful, whether human or otherwise.
The wording
Explicit
By allusion (with intention)
Evident
Hidden
Consequences
Prohibited from sexual enjoyment with her before expiation is made
Expiation
Becomes obligatory upon resolving to have sexual intercourse, and it is
Freeing a believing slave
If unable, then fasting for two consecutive months
If unable, then feeding (60) needy people
Li‘ān (oath of condemnation)
Essential elements
Woman against whom Li‘ān is made
Wife
Legally competent
Oath of condemnation
Hastening it after gaining knowledge of it
That it be done during the marriage or waiting period, if the incident of adultery was seen by the husband
That it occurs in the presence of one who issues judgment
To be based on certainty
Not having sexual intercourse with her after the husband becomes aware of the situation
Presence of a group for the Li‘ān
One conducting Li‘ān
Husband
Muslim
Legally competent
The subject matter of Li‘ān
Its occurrence with the reported wording
That the oath be taken by the husband, then the wife
That there should be four oaths from each of them
Ruling
Obligatory upon the presence of its cause
Its cause
Seeing the wife committing adultery
Denial of the pregnancy or the child
Consequences
The prescribed punishment is waived
Annulment of marriage
Permanent prohibition (of remarrying each other)
The attribution of the child to their mother
Consequences of separation
‘Iddah (waiting period)
Maintenance
Child custody
‘Iddah (waiting period)
Reasons
Divorce
Annulment
Death
Conditions of the divorced woman's waiting period
(By months or menstrual cycles)
Seclusion (in which sexual intercourse is customarily possible)
Husband (adult, not having the male organ severed)
Wife (fit for sexual intercourse)
Types
Childbirth/Delivery
Periods of purity
Months
The woman observing her waiting period
Divorced woman
or her marriage is annulled
A pregnant woman
Childbirth/Delivery
Non-pregnant
A menstruating woman
Free
3 menstrual cycles
A slave woman
Two periods of purity
A non-menstruating woman
3 months
A woman experiencing Istihādah and one whose menses is delayed (not due to breastfeeding) must observe a waiting period of a year
A woman whose husband has died
A pregnant woman
Childbirth/Delivery
Non-pregnant
Free
(4 months and 10 days)
A slave woman
(Two months and five days)
On the condition that she sees menstrual blood during that period, if she is a woman who menstruates.
Maintenance for a woman observing ‘Iddah
Revocably divorced woman
She is entitled to maintenance and accommodation
A woman whose husband has died
She is entitled to accommodation
No maintenance is due for her
Irrevocably divorced woman
Not pregnant: she is entitled to accommodation but not maintenance
Pregnant: she is entitled to both maintenance and accommodation
Child custody
Its duration
Until puberty for the male
Until consummation of marriage for the female
The most worthy of child custody
According to the following order
1. The mother
2. The mother's female relatives (her mother, then her grandmother, then her sister, then her maternal aunt, then her paternal aunt)
3. The child's paternal grandmother
4. The father
5. The father's female relatives (his daughter, then his sister, then his paternal aunt, then his maternal aunt)
6. Brother's daughter, then sister's daughter
7. The executor
8. Agnates in the prescribed order
Conditions of the custodian
Sanity
Competence/Suitability
Trustworthiness in religion
The safety of the place
Mental maturity
Absence of illness and travel
Comprehensive questions on the Fiqh of Family
Mention the ruling on marriage.
What is the ruling on the engagement of a woman observing her ‘Iddah?
What are the essential elements of marriage? What are the conditions for the matrimonial guardian? And what are the types of guardianship?
List the conditions of marriage, and in what is equivalence/suitability considered?
Mention six of the impediments to marriage.
Mention the types of invalid marriage.
When is the option of annulment established in marriage, and what are the defects specific to the husband?
What are the causes of maintenance, and when is it obligatory for a husband to provide for his wife with whom he has not consummated the marriage?
List the essential elements of Khul‘. What is the ruling on divorce?
What are the essential elements of divorce? What are its categories?
What are the conditions for both Īlā’ and Li‘ān, and what are the essential elements of Zhihār?
Mention the types of women observing ‘Iddah, and the ‘Iddah (waiting period) for each type.
Is the woman observing her ‘Iddah entitled to maintenance and accommodation? Answer in detail.
Mention, in order, who is most entitled to child custody.
Introduction
All praise is due to Allah, and may Allah's peace and blessings be upon the Messenger of Allah, his family, his Companions, and those who follow him. To proceed:
This is the third course of this program: Fiqh of Transactions. Its topics were compiled according to the approved opinions in the Madh'hab of Imam Mālik to suit this training program.
Objectives of the course:
Understanding Fiqh terminology related to the chapter of transactions.
Keeping in mind the basic rulings in the Fiqh of transactions.
Acquiring the ability to apply theoretical issues to practical situations to the extent that the trainee can perform and implement them.
Acquiring the ability to differentiate between the different types of contracts, the criteria for distinguishing between them, and the rulings related to each category.
Acquainting the trainee with the types of commutative contracts, along with the most important rulings pertinent to each type.
Informing the trainee of the categories of sales about the term, taking possession (receipt), the applicability of Riba, the type of the item sold and the price, and other such aspects, and enabling him to apply this to real-life situations.
Keeping in mind the types of contracts of documentation, and the conditions and rulings of each type.
Acquiring knowledge of the important issues related to the types of partnership contracts and the rulings of each, while applying these issues to real-life situations.
Acquiring familiarity with gratuitous contracts and the rulings about them.
Course contents:
Introduction to the main sections of contracts.
Rulings of Mu‘āwadah (commutative) contracts.
Rulings of the sale contract: (Its essential elements and conditions, and the forbidden sale transactions).
Categories of sales (in terms of: the type of counter-value, the sold item, the term, the effect of receipt, the applicability of Riba, the establishment of the option therein, and the conditions therein), with a definition of each type and the rulings included under it.
Salam sale (its rulings and conditions).
Sales on credit (their conditions, forms, and ruling).
Loan and its related rulings.
Rulings of Ijārah and Jiʿālah, and the essential elements and conditions of each.
Rulings of Sulh (settlement) and division (of property).
Documentation contracts: (mortgage and guarantee), the essential elements and conditions of each, and their related rulings.
Partnership contracts: (Hawālah (transfer of debt), agency, partnership, Muzāra‘ah (sharecropping), and Musāqāh (crop-sharing irrigation)), including their essential elements, conditions, types, and rulings.
The rulings related to taking property without compensation: (reviving barren land, deposit, loan for use, usurpation, found property, and inheritance) and the rulings pertaining thereto.
Rulings on the giving away of property: (gifts, grants, endowments (Waqf), bequests, and manumission), and the rulings related to them.
We ask Allah Almighty to make this course beneficial, and may Allah's peace and blessings be upon our Prophet Muhammad, his family and his Companions.
Transactions
Mu‘āwadah
(giving and receiving something)
Documentations
Sharings
Donations
Receiving
without any return
Mu‘āwadah
Sale transaction
Lease
Loan
Ji‘ālah
Conciliation/agreement contract
Allotment
A commutative contract of exchange over non-benefits, involving negotiation, where one of the counter-values is not gold or silver, and is specifically designated, but is not the physical item itself.
A contract of exchange for other than benefits
Essential elements of sale
The two contracting parties
The vendor
The buyer
The subject matter of the contract
Price
The priced item
What indicates consent
The wording
(Or what takes its place)
The first essential element:
The two contracting parties
Conditions
Validity (Discerning)
Reasons for the lack of discernment
Young age
Insanity
Fainting
Intoxication
Bindingness
Legal competence
Unless the discerning child is an agent for a legally competent person
Absence of Coercion (without right)
regarding the sale
regarding its reason
Absence of interdiction (for weak-mindedness or slavery)
Ownership of the subject matter of the contract
or agency on behalf of the owner
No right of others should be attached to it
What is the ruling on the sale by an unauthorized agent?
The second essential element
The subject of the contract
Pure
Impure
The sale is absolutely invalid
Rendered impure
Cannot be purified
Its sale is invalid
Can be purified
Validly saleable on condition of disclosure
Of benefit
Of no benefit
According to custom
Such as
Vermin of the earth
According to the Shariah
Such as
Musical instruments
Clearly defined for the buyer and seller
It affects
Essence
Time frame
Description/Nature
Measure/Quantity
Possibility of delivery or handover
Not forbidden
What is the ruling on selling through the program/application?
What is the ruling on the sale in gross by estimation?
The third essential element
What indicates consent
The wording
(Offer and acceptance)
That which stands in its place
From one side or from both sides
Statement
By action
By gesture
By writing
Transactions that are prohibited under the Shariah
Riba (Usury)
Cheating
Sale of a debt for a debt (both deferred)
The Bedouins
Combination of sale and condition
Overbidding/Outbidding a concluded sale
Engaging in sales after the second call to Friday prayer
Najash (deceitful bidding/false bidding)
A townsman selling on behalf of a Bedouin
Interception of the market caravans
The sale of items that facilitate a prohibited act
Engaging in sales in the mosque
Price determination
Gharar sale (Uncertainty)
The default ruling for prohibited contracts is voidness, unless there is evidence indicating validity.
Prohibited sale transactions due to Gharar
Minor Gharar (uncertainty) is overlooked
Al-muzābanah (selling of fresh dates on the tree for dry dates with a measure)
Al-mulāmasah (a sale which becomes binding upon touching the object)
Al-munābadhah (a sale which is considered complete if one party just throws his garment to another party)
That which is impossible to deliver or hand over
Conducting two sale transactions in one contract
Selling the embryos or a pregnant animal with the pregnancy as a condition
What is in the wombs and what is in the loins
The offspring of the offspring (of a camel/animal)
Categories of sale
Based on the type of counter-value
Sale of an item: in return for an item, debt or benefit
Sale of a debt: in return for an item, debt or benefit
Sale of a benefit: in return for an item, debt or benefit
Based on the type of sold item
Assets
Fruits
A condition for the sale of a debt for a debt is:
Receipt of one of the two objects of exchange (the price and the priced item)
Based on the term of payment
Based on the effect of taking possession
Based on the involvement of Riba
Based on the establishment of the cancellation option
Based on the conditions attached to the sale
In terms of validity and invalidity
Sale based on the involvement of Riba
Riba in sales
Fadl (excess)
The excess in the quantity or value of goods where equivalence is a condition
Nasī’ah (delay)
The delay in payment or delivery in a transaction where immediate exchange is a condition.
Sale
Based on the involvement of Riba
Categories in which Riba occurs
Edibles
Banknotes/money
Categories in which Riba does not occur
Trade goods
(Other than tangible items and food)
Important note:
Riba involved in these categories is the Riba of sales.
As for Riba of debts: It is an increase in debt in exchange for a delay in payment, it applies to all types of wealth without any disagreement among scholars.
The effective cause of Riba
Fadl (excess)
Edibles
Sustenance and storing
Cash
Ath-thamaniyyah (Monetary nature)
Nasī’ah (delay)
Edibles
Edibility
Cash
Ath-thamaniyyah (Monetary nature)
Sale of commodities involving Riba
Edibles
for non-edibles
[neither immediate exchange nor equivalence is required]
for an edible commodity
Medicine is an exception
Storable staple food and that which preserves it
(Riba al-Fadl and Nasī’ah apply to it)
of the same kind
[immediate exchange of items and equivalence are required]
of a different kind
[only immediate exchange of items is required]
Neither a staple food nor storable
(It is subject to Riba an-Nasī’ah, but not Riba al-Fadl)
of the same kind
[only immediate exchange of items is required]
of a different kind
[only immediate exchange of items is required]
Cash
for cash
of a different kind (currency exchange) [only immediate exchange is required, not equivalence]
of the same kind, by weight (weighing)
[immediate exchange of items and equivalence are required]
of the same kind number-wise (exchange)
[immediate exchange of items and equivalence are required]
for other than cash
[neither immediate exchange nor equivalence is required]
Seeking the best of the two situations, either concluding the contract or revoking it
Types of Khiyār (option to cancel a contract)
Categories
Option of deliberation
For
The two transacting parties or other than them
Duration
It differs based on the sold item
Ownership of the sold Item
The period of the option (to revoke) belongs to the seller, and the guarantee/liability rests upon him
Option of withdrawal due to deficiency
Categories
That which becomes due on account of a missed condition
That which becomes due upon the appearance of a defect
The liability for the sold item is transferred to the buyer through a valid and binding contract, unless there is an impediment to taking possession
A disclaimer of defects does not absolve the seller, except in the case of slaves
Classification by Al-Māziri
Conditions in sale
The condition and the contract are nullified
Stipulating that which leads to the violation of a condition of the contract's validity, or that which is contrary to its implication.
Example
A stipulation that causes Gharar or leads to Riba
Valid stipulation
Example
That which is a contract implication, such as delivery and the right of disposition in the sale.
It is legally enforced, even if it is not stipulated
What is not from the implication of the contract but is for its benefit, such as providing a guarantor, a pledge, and the stipulation of khiyār (the option to rescind a contract)
Its enforcement is conditional upon the stipulation
The condition is nullified, not the contract
Example:
Stipulation of non-liability for defects
Stipulation of the non-occurrence of a blight in the fruits or crops.
Guarantee of the merchandise
It differs based on the sale
Valid
Not binding
The guarantee is borne by the seller, for example
Sale by the interdicted
Sale transaction with an option to cancel
Binding
Liability is upon the buyer, even before taking possession, with the exceptions of
What involves the right of receiving in full
The commodity retained as collateral for the price.
The absent commodity sold by description (or by prior inspection)
Fruits after the appearance of soundness for security from blight
The condition of mutual reduction (of the price) until the sighting of blood
The three-day liability until its end
Invalid
Does not come under the buyer's liability except by possession
Possession
Whereby the buyer assumes liability
Movable property: by custom
Real estate property: by vacating it
Residential dwelling: by vacating it
That which is delivered in full by being completely measured, weighed, or counted.
If the sold item is lost/destroyed while in the buyer's possession in an invalid sale
A disputed issue (the transaction remains valid with the agreed price)
Agreed upon (it is settled by value)
Selling before having an item in one's possession is permissible, except in the case of foodstuff acquired through counter-value
Sale based on the term of payment
Deferring the delivery of the commodity (this type includes Salam sale)
Deferring the payment (sale on credit)
Immediate payment and delivery (absolute sale)
Deferring both the payment and the commodity
Sale of a described, deferred item owed in the liability for an item of a different kind
Salam sale
Essential elements
Buyer involved in the Salam sale
Seller involved in the Salam sale
Commodity involved in the Salam sale
Conditions
In addition to the sale conditions
The advance payment of capital
Absence of doubt or ambiguity concerning Riba
The specified time frame (minimum period: 15 days)
To be something owed as a personal liability
The known quantity (determined by what is customary in measurement, weight, or number)
Mostly existing when the appointed time arrives
Specifying the description by mentioning what typically causes variation in items
The buyer's sale of what he purchased to its seller or the seller's agent for a deferred payment
Deferred sales
Ruling
It is apparently permissible, but may lead to something prohibited; it is therefore prohibited, even if it is not intended as a means to what is prohibited
Conditions
The first sale transaction is for a term (deferred payment)
The second buyer is the first seller or his agent
The second seller is the first buyer or his agent
What is sold the second time is what was sold the first time
Occurrence of the purchase in the same currency type as the sold item's price
Forbidden forms of sale
Forms
(3) For more than the price
(2) For the same price
(1) For less than the price
In the three cases, it is either
(d) Deferred for a term after the first
(c) Deferred for a term shorter than the first
(b) Deferred to the first term
(A) In cash
Rule: The transaction is prohibited where the lower price is advanced
Giving a valuable asset for the sole benefit of the recipient, who becomes liable for returning its equivalent.
Loan
Essential elements
Lender
Permissible to donate
Borrower
Legally competent
Mature
Capable of repayment
Loaned item
That it brings no benefit
That which is permissible to sell as an advance purchase (Salam sale)
Returnable
Similar or equal in measure and description
The item itself, if it remains unchanged
Wording
Speech, action, or signaling that indicates consent
Rule
Any loan that yields a benefit is Riba
Increase in repaying the loan
Two cases
Stipulated (or customary)
Two forms
Impermissible
Not stipulated (or customary)
Repaying with something better
Permissible
With a gift
Two cases
After repayment
Permissible
Before repayment
Two cases
He used to give him gifts before, or a reason arose for it
Permissible
He did not use to give him gifts before
Not permissible
A contract of exchange for transferring ownership of a utility in return for compensation, in a manner that indicates the transfer of ownership.
A binding contract
Leasing
Essential elements
Parties (the lessor and the lessee)
Conditions
Validity
Discerning
Bindingness
Legal competence
Non-coercion
Mental maturity
The wording
What indicates the transfer of ownership of the benefit for compensation
Utterance
Other
(By allusion - by writing - by physical exchange - by custom)
The rent
What is stipulated for the price of the sale
Benefit
Conditions
Defined
It has value
Ability of delivery or handover
Not prohibited
Not entailing the intentional taking of a specific item
That it is not something obligatory upon the lessor
The lessor is generally responsible for any damage to the leased property, unless the lessee has exceeded limits, acted negligently, or is a craftsman, subject to specific conditions.
A commitment by a rational person subject to the rulings of Sharia to pay financial compensation in return for a matter, which the employee is entitled to upon the completion of the work.
A permissible contract that binds the offeror upon the commencement of the work
Ji‘ālah
Essential elements
Two contracting parties
(The person offering the reward and the person for whom the reward is offered – employee –)
Conditions of the parties of the lease
One who can be validly hired can be validly employed for a reward
Action (subject to a contract of reward; Ji‘ālah)
Permissible
The reward offered (the subject of the contract)
What is stipulated in the price of the sold item
Non-stipulation of immediate cash payment in the contract
Wording
That which indicates consent, such as speech or commencement of action
Condition
There should be no specific period set by the offeror
Whatever is permissible under a reward (Ji‘ālah) contract is also permissible under a lease (Ijārah) with its conditions, but not vice versa
Sulh (Settlement)
Settlement by way of absolution and waiver
Settlement by exchange
Exchange of a right or claim for compensation to settle a dispute or the fear of its occurrence
Compensatory settlement
Categories
The item/value given in settlement
From an entity
A specific item (other than the subject of the claim)
Sale
Benefit
Lease
With a part/portion of what is claimed
Gift
Admittance and its absence
From an entity
Based on an acknowledgement
Based on a denial
Tacitly
Its ruling is the same as the admittance
Applies to all the previously-mentioned types (sale, lease, gift)
Specification of the share or portion of each partner in an undivided property, even if by the exclusive right of disposal
Division (of property)
Division of usufruct
Meaning
The exclusive use by each partner, separate from the other, of the utility of a single or multiple things for a period of time
Condition
In a benefit
Specification of time
Consent of the two partners
The absence of Gharar (uncertainty)
Division by mutual consent
Its ruling is the ruling of sale
Meaning
The mutual agreement of two partners for each to take ownership of a portion of their joint property without drawing lots
Condition
In slaves and assets
Consent of the two partners
Possibility of division without spoilage
Division by lot
Its ruling is the ruling of Ijārah.
Meaning
Specification of a right/share in an undivided co-owned property among the partners
From its rulings
There must be an appraiser who determines the value
He who refuses it (or denies it) is forced to comply with it
Entailing revocation due to Ghabn (undervaluation)
It only applies to that which is equivalent or of the same kind
It is not permissible to combine the shares of two partners in the division
Indivisible tangible assets are sold and their proceeds are divided (compulsorily)
Documentation
Various types
Mortgage
Guarantee
A binding contract that does not transfer ownership, intended to secure the rights.
Mortgage
Essential elements
Mortgagor
Becomes binding by the contract and is completed upon receipt
The one entitled to the sale
Mortgagee
The mortgaged item is guaranteed by him with respect to what can be concealed, if it is in his hand.
Mortgaged item
The debt can be repaid from it, from its price, or from its yield
It is permissible with minor Gharar (uncertainty)
Its expenditure is obligatory upon the mortgagor, and its yield belongs to him
It is valid to take it as a mortgage before the debt and after it
The debt that the mortgage guarantees
A binding debt or one that is to become binding
Wording
What indicates consent
Reasons for interdiction
Bankruptcy
Insanity
Being a minor
Slavery
Lack of sound-mindedness
Life-threatening illness
Contracting marriage with a woman
Specifically for what is more than one-third
An obligation by a legally competent person who is not weak-minded to assume a debt owed by another, or to present the one who owes it to the one to whom it is due, by any expression that indicates it.
Guarantee
Essential elements
Five
Guarantor
A binding obligation upon him
Legally competent to give away property
Legally competent
The wife and the sick person regarding one-third of the wealth
Not unwise
Creditor
His permission is not required
Guaranteed debt
His permission is not required
That which is guaranteed (the debt)
Binding or going to become binding
It is valid even if unknown
Wording
That which signifies commitment, be it an utterance, an intelligible sign, or writing
Various types
Assuming liability (guarantee) for the property
The principal meaning of guarantee in its absolute sense
Guarantee of presence
A guarantee to bring the debtor when the term is due
Specific to money, excluding physical rights (like legal retribution, prescribed punishments, and discretionary punishments).
Guarantee of demand
The obligation of seeking it, searching for it, and guiding others to it.
It is valid for money and other bodily rights
The creditor does not have the right to demand payment from the guarantor if it is possible to take from the debtor's property (unless stipulated by the creditor)
What is the ruling on taking a fee for providing a guarantee?
Comprehensive Questions on Fiqh of Transactions (1)
List the categories of Fiqh of transactions.
List the Mu‘āwadah contracts you have studied.
List the essential elements of a sales contract with an explanation of the conditions for each element.
Mention six of the prohibited sales, three of which are due to Gharar.
What are the types of Riba in sales, what commodities do each type involve, and what is the effective cause for the Riba-based commodities?
Mention the types of the option to rescind transactions and provide an example for each.
What is the nature of the 'qabd' (taking possession) by which the guarantee is transferred to the buyer for real estate, movable property, and weighed goods?
What are the sold goods that are prohibited from being disposed of before possession?
What are the types of conditions in the sale? Provide an example for each type.
What is the ruling if the sold item perishes in the possession of the buyer in an invalid sale?
Explain the essential elements of the Salam contract, along with the conditions for each element.
List the essential elements of the loan (Qard), and the conditions for each element. What is the ruling on an increase in the repayment of the loan?
List the essential elements of the lease (Ijārah) and the conditions for each element.
Who is responsible for guaranteeing the damage of the leased item, and what is the ruling on holding artisans/workers liable?
What are the essential elements and conditions of Ji‘ālah contract?
What are the types of settlement (Sulh) in terms of the object of settlement, and in terms of acknowledgment and denial, with the legal classification of each type?
List the documentation contracts you have studied.
List the essential elements of the mortgage (Rahn), and the conditions for each element.
What are the things that invalidate the mortgage contract?
What is the number of reasons for legal interdiction, and what are the specific reasons for what exceeds one-third (of property)?
What are the types of guarantee, with an explanation of the meaning of each type?
List the essential elements of the guarantee with an explanation of the conditions for each element.
Partnerships
Various types
Hawālah (transference)
Wakālah (agency)
Partnership
Musāqāh and Muzāra‘ah
Transferring a debt from the liability of the debtor to another for an equivalent debt, thereby discharging the first liability.
Hawālah (transference/assignment)
Essential elements
Muhīl (debtor/assignor)
Consent
Eligibility to dispose of the property
Muhāl ‘alayhi (transferee/new debtor)
His consent is not required
His presence and his admission.
There should not be apparent enmity between him and the other party.
The transferred debt
Conditions
Due debt
Binding
Equivalent to the Muhāl ‘alayhi (transferee/new debtor)
In quantity, description, and type
Established
The two debts should not be food from a sale.
Al-Muhāl
The wording
That which indicates transference and transition (even if by a sign or in writing).
Through the contract, the right is transferred from the liability of the principal debtor to the transferee, and the creditor shall have no recourse against the principal debtor.
Wakālah (agency) is a permissible contract (unless it is for compensation).
Wakālah (agency/legal representation)
Essential elements
Muwakkil (principal)
Legally eligible to dispose of the object of authorization.
Wakīl (agent/representative)
An agent is a trustee, not liable for losses unless there is transgression or negligence.
He cannot act for his own benefit or that of his ward -without permission-
The deputy should act in the best interest of his principal.
Legally eligible to dispose of the subject matter of the authorization.
Muslim (in selling=buying=litigation)
The subject matter of the authorization or agency
Something in which authorization is valid (financial, physical, or litigation rights)
The following are not included
Physical Acts of worship that do not accept deputization
Sins (like Ẓihār (a pre-Islamic form of divorce) and selling what is impermissible)
The wording
Two parts
Offer
That which indicates authorization, by speech or otherwise, such as gesturing, writing, or custom.
Acceptance
(That which customarily indicates consent with the authorization)
Dismissal of the agent
By the following
That he removes himself, or his principal removes him.
Death of the Muwakkil (principal)
The accomplishment of what he was authorized to do (in cases other than full delegation).
Types of Wakālah
General
(Delegating)
Special
(Text or presumptive evidence)
A contract between two or more owners of capital to trade with it jointly or to work together, with the profit to be shared between them according to customary practice.
Partnerships
Two types
Properties
Abdān (bodies)
Binding by the contract
Partnership of properties
Essential elements
Three
The two contracting parties
Conditions
Legally competent
Muslim (matters related to property or rights that are not currently in possession or sight)
The subject of the contract (the property)
Conditions
Equality of the two cash types (in description, weight, quality, and currency exchange)
Not to be with two foods
That the profit of each partner be in proportion to the capital
For both to have joint control over the property
It is valid for it to be with goods from both sides, or from one of them
Wording
That which indicates consent to it by custom
Types
Mufāwadah (bargaining)
‘Inān (based on capital and labor)
Jabr (coercion)
Qirād (Mudārabah)
Liabilities
Wujūh partnership
Abdān (bodies) partnership
Permissible under conditions
Unity of action
That each of them takes from the profit according to their work
Cooperation between them
Joint ownership of the tool
Partnership in cultivation
It is necessitated by sowing and the like
Muzāra‘ah (Sharecropping)
Essential elements
Wording
What indicates consent by speech or action
The two contracting parties
Legally eligible to act
Subject of the contract
Safety from leasing land in a manner prohibited under Shariah
Similarity of seeds
That they agree to share the profit in proportion to the amount paid
Al-Mughārasah (a type of sharecropping contract for planting trees)
Forms
Ijārah (Lease)
Ji‘ālah
On a part of the land and its trees.
A contract for the upkeep of trees or plants in return for a portion of their yield
It is binding by the contract
Musāqāh
Essential elements
The two contracting parties (the tree owner and the worker)
Conditions
Legally eligible to act
The subject of the contract (the produce of crops or trees)
Conditions
Not to regrow if not cut
Before the fruits are evidently in a good state
Trees: To bear fruit in the same year
Emergence of the crop from its soil
The inability of the owner of the crops to care for them and his fear of their destruction
The stipulated share for the worker
Conditions
An unknown share of the fruit
Clearly defined
The portion taken from multiple categories should not differ between one category and another
Work/Labor
Conditions
What the orchard requires according to custom.
Not stipulating what invalidates the contract
Wording
The wording Mu‘āmalah (transaction) or Musāqāh (irrigation contract) only
Acquisition without compensation
Types
Owning unowned property
Animals [by hunting]
Real estate [by revitalization]
Minerals [by extraction]
Plants [by cutting]
Water [by acquisition]
Acquiring owned property
For keeping=deposit
For using=‘Āriyah (borrowed item)
Unlawful acquisition
Theft
Usurpation
Embezzlement
Plunder
Betrayal
For ownership
Gift
Found property
Zakah
Spoils
Abandoned property
Hidden treasure
Inheritance
Al-mawāt (Unowned and uncultivated land)
That which is free from appropriation and the causes of appropriation.
Revitalization
The permission of the Muslim ruler is a condition in areas near populated areas
Causing water to gush forth
Removal of water from inundated ground
Construction
Implantation
Stirring the ground by cultivation
Breaking and leveling the stones
The cutting of the trees found therein
Reserve of the Muslim ruler
Need of Muslims
Scarcity
The land must be vacant
For the purpose of herding
Grant of the Muslim ruler
Two types
Transfer of possession and utilization
Utilization only
The precinct of the previously developed land
This includes
What is added to the developed land from rights and facilities
The meaning of Al-‘imārah (Development/Construction)
The development of land by building, planting, and water.
A deposit is a permissible contract, not binding
Deposit is permissible in principle for the trustee and the depositor, and it may be subject to the five categories of legal rulings.
A bank deposit (current account) is considered a loan
Property entrusted to someone for its preservation
Deposit
Essential elements
Depositor
Legally eligible to dispose of (property)
(It is permissible for him to delegate)
Deposited property
Property (cash, goods, or an animal)
He is a trustee, so he does not guarantee it unless he acts with negligence
Trustee
Capable of its preservation
Permissible to authorize
To dispose of the deposit (for loans or trade)
Disliked
Fungible items and cash by someone who is solvent (financially able)
Unlawful
Fungible items and cash on the insolvent
Non-fungible items in all cases
A permissible contract becomes binding if it is conditioned by an act or a term
Granting a temporary benefit without return
‘Āriyah (Borrowed item)
Sunnah for the lender (in principle)
Permissible for the borrower
Essential elements
Lender
Legally competent to give away property (not under legal interdiction)
Owner of the benefit
Borrower
It is permissible for him to do what has been permitted to him of benefits, or its like, or less.
Eligible to receive a donation of the benefit
Guarantor for items that can be out of sight
Borrowed item
Lawful to use
Possible to use
While remaining unconsumed
Wording
A statement or other means indicating consent
What is the difference between usurpation and aggression?
Taking property forcibly and wrongfully, without highway robbery
Al-ghasb (usurpation)
Related elements
Al-ghāsib (Usurper)
He must repent and absolve himself from the victim of usurpation
Not discerning
Entails liability only
Discerning
Disciplinary action after liability is imposed
The ruler disciplines him by beating, imprisonment, or both.
Usurped property
Its revenue is guaranteed to its owner if the usurper uses it or rents it out.
The items were not consumed/lost
It is returned and does not entail liability, even if the markets have changed.
Loss (e.g., through destruction or alteration)
A fungible item must be replaced with its like
A non-fungible item must be replaced with its value
If the usurper trades with the usurped property and makes a profit, then its owner is only entitled to his capital
Pillars of guarantee
Cause of obligation
Direct action
Causation
The non-trustee hand
Categories for which it is due
Legally lawful property and usufructs
Guarantor
Muslim and Dhimmi
What is due
The equivalent in fungible items and the value in non-fungible items
Property inviolable under Sharia exposed to waste
Found property
Types of what is picked up
The insignificant thing
(That which one normally pays no attention to)
Can be acquired without identifying (if the owner is not known)
Animals
Should not be picked up (if it is not at risk of damage or theft, and it is not hard to carry)
All types of property
Mildly insignificant
The value of the bucket and the Dinar, or less = what is above the insignificant
To be identified for some days
Significant/Valuable
To be identified for one year
A human found (foundling) must be taken as a communal obligation.
Food
What quickly spoils (or was trivial)
Permissible to eat without liability
What do not spoil
Its ruling is the same as all other types of property
If difficult to carry
Sheep (eaten if found in the wilderness)
Cows (may be eaten if found in an unsafe place)
Camels (left in all situations)
He has the choice after the period: to take ownership of it, give it as charity, or keep it as a trust. If its owner comes, he must return it or be liable for its value.
Inheritance
Essential elements
Heir/inheritor
One entitled to a prescribed share of inheritance
Agnate
Blood relative
One whose property is inherited/Inheritee
Inherited property
Those entitled to prescribed shares of inheritance
Categories
Husband
Wife
Father
Mother
Grandfather
Grandmothers
Daughters
Sisters
Son's daughters
Mother's son
Male inheritors by agnation
Categories
Male descendants
Male ascendants
Brothers, full or half-brothers from the father's side
Paternal uncles [full or half-brothers from the father's side]
Brothers' sons
Paternal uncles' sons
A master who emancipated his slave (the emancipator)
Blood relatives
On account of the corruption of the Public Treasury
Any relative who does not have a prescribed share in the inheritance and is not an agnate
Giving away wealth
Types
Gift and grant
Endowment
Bequest
Emancipation
Granting ownership of a legally transferable entity by one eligible to donate to an eligible recipient, without compensation, by means of a specific formula or what indicates it.
Recommended
It becomes binding with acceptance and is completed by taking possession.
Gift
Essential elements
Donor
Legally competent to donate
Recipient
Legally competent to own the gifted property
Acceptance
The gifted item
Parents may retract a gift made to their child, provided it has not been disposed of.
Item
Owned by the donor
Of that whose ownership is validly transferable.
Wording
Explicit
What indicates it (even by physical exchange)
Categories of gift
Physical living asset
For the Face of Allah Almighty
The doer is rewarded, and it is irrevocable.
In terms of intent
For gaining people's cordiality and love
Not rewardable, irrevocable, except for what a father gifts to his child
Reward from the recipient
It is permissible to stipulate it, whether it is specified or not
Benefit
such as ‘Āriyah (borrowed item) and ‘Umrā (a lifetime gift)
Endowment is recommended, a binding contract, and completed upon receipt.
Assigning the benefit of an owned property, even if for a wage or its revenue, to a beneficiary for a period determined by the endower.
The endower's condition must be followed, provided it is compatible with Islamic legislation
Endowment
Endower
Conditions
Owner of the item or the benefit
Muslim (in Islamic acts of devotion)
Legally competent to give away property
The endowed item
Conditions
Item/asset or benefit
Durable after use
Immediacy is not a condition
In whatever does not involve sin
Beneficiary
His acceptance is not a condition unless specified
The one entitled to receive/use the benefits
Rational (e.g., Zayd, the poor, the scholars) – an entity or a specific individual –
He owns the right to benefit, not the benefit itself, and his designation is not a condition.
Non-rational (mosques, bridges)
Making the endowed property freely accessible to the people takes the place of wording
Wording
Two types
Explicit ("I have confined," "I have endowed," and "I have dedicated")
Non-explicit
It is conditional upon one of three things
That the beneficiary of the endowment be perpetual, such as the poor or mosques
Of unknown enumeration
(upon so-and-so, his offspring, and his descendants)
Association with a qualifier indicating the intended meaning
Categories of Endowment
Permanent; lifelong
Time-bound
A contract that establishes a right to one-third of the contractor's estate, which becomes binding upon his death or by proxy on his behalf after his death
The principle rule regarding the bequest
Recommendation
Bequest
Essential elements
Testator
Discerning
Full ownership of the bequeathed property
Free
Legatee
Legally competent to own (or to act as a deputy)
In reality
Not an heir (except with the permission of the heirs)
Non-Combatant
The designated person's acceptance (after the testator's death)
By legal implication (like mosques)
The bequeathed property
Entitlement to guardianship (Bequest by delegation)
In something not prohibited
Monetary issues
Owned according to the Shariah
In one-third or less
Wording
Verbal
Explicit
Non-explicit
By circumstantial evidence
Non-verbal
An intelligible allusion/gesture.
By writing
The freeing of the slave from bondage by means of a formula
Emancipation
Related issues
Emancipator
Legally competent to give away property
Emancipated person (owned slave)
Muslim
No binding right is attached to him
Wording
Explicit
Emancipation is effected by it, even if an indication points to joking
By allusion
Evident
Emancipation takes effect by it, unless there is presumptive evidence (indicating otherwise)
Non-evident (hidden)
Emancipation does not take effect unless he intends it
Its reasons (By what does it occur?)
Statement
Mukātabah (a contract of manumission between a master and a slave)
Istīlād (a Muslim, having a child born to him of a female slave, which he acknowledges as his own, whereby the female slave becomes free)
Tadbīr (a declaration of freedom to be established after the master’s death)
Sirāyah (emancipating one's share in a slave entails emancipation of the rest by the other partner)
Ownership of a Mahram relative (ascendants, descendants, and brothers)
Mutilation of the slave
Comprehensive questions on jurisprudence of transactions (2)
What are the essential elements and conditions of Hawālah?
What are the essential elements and conditions of Wakālah?
Is Wakālah a permissible or binding contract?
What are the types and invalidators of Wakālah?
What are the essential elements and conditions of partnership in general?
What are the conditions for the permissibility of the Abdān (bodies) partnership?
List the types of Amwāl (money) partnership, defining each type, and is there anything prohibited in them?
What is the description of each of Mughārasah, Musāqāh, and Muzāra‘ah?
State the essential elements of Musāqāh and Muzāra‘ah and the conditions for each element.
What is the meaning of dead lands? What are the grounds for appropriation, and how are dead lands revived?
What are the essential elements and conditions of the deposit? Is it a permissible or binding contract? And what is the ruling on using/disposing of the deposit?
What is the ruling on a ‘Āriyah (borrowed item)? What are its essential elements and conditions?
What is the ruling concerning returning the usurped item, whether it has been lost/destroyed or not?
What are the grounds for guarantee, and in what (situations/types of property) is it required? What is the difference between usurpation and aggression?
What are the types of found property? What is the ruling regarding each type?
What are the categories of heirs, and who are those included under each category?
What are the essential elements of inheritance?
What are the essential elements of a gift? What are its conditions?
What are the types of gift?
What is the ruling on a gift? Is it a binding contract? When may parents revoke it from their child?
What is the endowment? What are its ruling, essential elements, conditions and types?
What is the bequest? What are its essential elements and conditions?
What are the essential elements, conditions, and causes of emancipation?
What are the different types of emancipation wording? What is the ruling on each type?
Introduction
All praise is due to Allah, and may Allah's peace and blessings be upon the Messenger of Allah, his family, his Companions, and those who follow him. To proceed:
This is the fourth course of this program, which is the course on the Fiqh of Judiciary and Crimes. Its issues have been compiled in accordance with the relied-upon view in the Madh'hab of Imam Mālik (may Allah Almighty have mercy upon him), in a manner suitable for this training program.
Objectives of the course:
Understanding Fiqh terminology in the chapter on judiciary and crimes.
Keeping in mind the fundamental rulings in the Fiqh of the judiciary and crimes.
Acquiring the ability to apply theoretical issues to practical situations to the extent that the student can apply and implement them.
Acquiring the ability to differentiate between the judge and the arbitrator, the conditions for each, and the rulings about each type.
Acquiring the ability to distinguish between the plaintiff and the defendant, and its effect on the rulings.
Acquainting the student with the rulings related to the subject matter of the judgment in terms of its types, ranks, and conditions.
Knowing the types of crimes in Fiqh and the rulings related to each crime, with the ability to apply them to specific cases.
Keeping in mind the types of prescribed punishments in the Sharia, and the conditions for the application of each type.
Knowing the consequences of committing a crime for which there is no prescribed punishment in the Sharia, and the regulations for dealing with it.
Course Contents:
Introduction to the main sections of Fiqh of judiciary and crimes.
Judicial Rulings (Prerequisites for the judge and the ruling on assuming office, obligations and prohibitions, and prerequisites for the Arbitrator)
Rulings on the one in favor of whom or against whom a decree is issued: (the defining principle for the claimant and the defendant).
Rulings of the subject of judgment: (ranks of testimony, its ruling, prerequisites for the witnesses, and the party required to take an oath).
The rulings on crimes (what entails a prescribed punishment, and what does not).
The rulings on crimes against the body: (murder, and assault below murder).
Types of Hadd punishments in Islamic law and the relevant rulings: (apostasy, committing Zina, false accusations of Zina, stealing, consuming intoxicants, and Hirābah (highway robbery).
Rulings of discretionary punishments: (Its applications, who administers it, its forms, and what is impermissible therein).
We ask Allah Almighty to make this course beneficial and may Allah's peace and blessings be upon our Prophet Muhammad, his family, and his Companions.
Judiciary and Crimes
Judiciary
Crimes
Judgment
Judge
Or Muhakkam (appointed to issue judgment)
One in favor of whom or against whom a decree is issued
The subject matter of judgment, i.e., what is decreed
Judgment
Related elements
Prerequisites for the judge
Validity
Uprightness; and it requires
Islam, puberty, sanity, freedom, prowess, and absence of Fisq (defiant disobedience).
Being a male
Sagacity
Understanding of the Sharia
Soundness of the senses
The requirement of Qurayshi lineage for the Supreme Imam
Recommended
Being well off
Religious prudence, integrity, and keeping away from trivialities.
Forbearance
Someone of known lineage
Not being in debt
Not subject to Hadd punishment
Seeking council
Ruling on assuming the post: It is a communal obligation
It becomes an individual obligation for
The one distinct in his era by the required criteria.
One in a state of fear
that he brings a trial upon himself or others if he does not take charge
From the loss of his or another's right.
Unlawful for a judge
Taking money from litigants
Accepting a gift
It is incumbent upon the judge
Scribe
Validator/giver of Tazkiyah
Upright witnesses
Translator
Arbitration is permissible for the two litigants
Conditions
Man
Upright
Non-adversary
Non-ignorant
Wealth and wounds (not in what relates to other than the two litigants— for Allah or a person)
One in favor of whom or against whom judgment is issued
Plaintiff
The one whose justification is weak
Defendant
The one whose justification is strong
(By a principle or an established custom)
The subject matter of the decree, i.e., what is decided
Oath/swearing
Confession
Testimony
The subject matter of the decree
Testimony
Its degrees
Four
Four upright witnesses
Zina (fornication)
Sodomy
Two upright persons
That which is not wealth, nor does it pertain to it (bodies).
An upright man and two women, or a just man—or two women—with the claimant's oath
Monetary issues (and what leads to them)
Two upright women
Matters pertaining to women
Ruling
Bearing the testimony
A communal obligation (in case of fear of a right being lost)
Permissible in other than that
Giving testimony
Right of a human
Obligatory when requested
Right of Allah
It is obligatory to hasten to give it
Conditions
Puberty
Sanity
Freedom
Being a Muslim
Not committing disobedience with the limbs
Magnanimity
Non-interdiction for foolishness
Absence of religious innovation
Sagacity
Decisiveness regarding it
Non-accusation (regarding the integrity)
An exception is made for the testimony of children against one another, provided its conditions are met.
Oath
It shall be from
Plaintiff
Cases
Completion of the Nisāb (legal minimum amount)
Istizh'hār (taking extra precaution to ensure certainty)
(A claim against an absent person or a deceased person)
If it is rejected against him by the defendant.
Defendant
Cases
The plaintiff's failure to establish proof.
The rule is that
The oath is required from the party with the stronger cause
Acknowledgement of that which establishes a right due upon the one who states it.
Confession/Admittance
Essential elements
One making a confession
Conditions
Legal competence
No interdiction involved
Unsuspected in his confession
The one in whose favor a confession is made
Conditions
Eligible for the transfer of ownership, at present or in the future.
Affirmation of the one who makes the confession
A confessed matter
Types
Money
Other than the money (such as felonies and the like)
Not necessary to be defined
Wording
What conveys the meaning of confession, linguistically or conventionally.
What is the ruling on the confession made by a drunk man?
A drunk man is not bound by the acknowledgment or ratification of contracts
Rather, what he has effected: emancipation, divorce, and prescribed punishments.
Crimes
Entailing Hadd (prescribed punishment)
Not entailing Hadd
Discretionary punishments
Crimes
Entailing Hadd (prescribed punishment)
Against the bodies
(Murder and injuries)
Against the religion
Apostasy
Against the genitals
Zina
Against people's honor
Slander
Against minds
(Consumption of intoxicants)
Against property
Theft
Against bodies and wealth
Hirābah (armed robbery)
Crimes
Against bodies
Against human life (killing)
Against the body, less than murder
What is the ruling on assassination?
Crime against the person resulting in death
(Killing)
Intentional
Legal retribution
(Blood money)
(Due on the wealth of the killer)
With the consent of the perpetrator
Settlement/Reconciliation
Pardon
Accidental killing
The heir is given a choice between
Blood money
Deferred, due upon the paternal male relatives
Settlement
Pardon
Expiation is due
Intentional
Two types
Direct action
Causation
Legal retribution
Essential elements
The perpetrator
Conditions
Legal competence
Sanctity of the blood
Not being superior to the victim in Islam or freedom.
The demand for legal retribution by the heirs of the killed person.
The victim
Conditions
Sanctity of blood (by being a believer, or a pledge of safety)
Being equivalent to the perpetrator or above him
Felony/offense
Conditions
Intentional
Transgression
Confirmation of the felony
By one of the ways
Confession
Testimony of two upright witnesses
Al-Qasāmah (oath)
Blood money for a human life
A Muslim
12000 Dirhams
1,000 Dīnārs
100 camels
Mitigated: in fifths
Maximized: in quarters
A person of the People of the Book (Jew or Christian) or Dhimmi
Half the blood money of a free Muslim
Slave
His price
The Magian and the apostate
800 Dirhams
A woman
Half the blood money of a man
Fetus
One-tenth of the mother's blood money
The blood money for a woman is equal to that of a man up to one-third of the full blood money, then it becomes half that of a man.
Assault below murder
(Cutting – Wounding – Breaking – Causing the loss of a function)
Legal retribution
Conditions
Conditions for legal retribution in cases involving murder
Possibility of legal retribution without injustice
Similarity
Equality in soundness and perfection of the limb
Blood money
Blood money due for killing someone divided by the number of body parts similar to the injured part
For the tooth, five camels are due
Estimated amount: This is due in some types of wounds
Causing the loss of a limb's function is the full blood money.
Hukūmah (Discretionary compensation): in injuries where an estimation is not possible
A monetary compensation ruled by a judge after the assessment of the injured party in both a sound and a defective state.
Prescribed punishment for apostasy
Conditions of its implementation
To commit an act of disbelief.
It must be by a Muslim.
Non-compulsion
Discerning
Legal competence
Meaning of apostasy
A person becomes a disbeliever after being a Muslim due to certain matters
Belief
Statement
Action
Having doubt
The one to be killed even if he repents
After being seized
The heretic
Whoever reviles a prophet
A magician
Prescribed punishment for an apostate
Killing
After being given a chance to repent three times
Apostasy is established
By the testimony of two just witnesses
By confession
Prescribed punishment for Zina (unlawful sexual intercourse)
Its measure
For a Muhsan (married/previously married person)
Stoning to death
A legally-accountable person who commits sodomy is to be stoned to death, whether a married/previously married person or an unmarried person.
Unmarried person
100 lashes
50 lashes for slaves
Exile for a year (for men)
Conditions for implementing the punishment
Being a Muslim
Legal competence
(Puberty and sanity)
Disappearance of the head of the penis or its equivalent in the private part of a human being
The fornicated partner must be able to endure intercourse
Absence of doubt or ambiguity
Deliberation
The prerequisite of being Muhsan for stoning to death
Confirmation
Confession (once)
The clear proof (4 witnesses)
Appearance of pregnancy
Conditions of Being a Muhsan
In addition to the previous.
The occurrence of permissible sexual intercourse
To be in a valid marriage
Absence of denial between the spouses about it
Sexual potency
Freedom
Prescribed punishment for slander
The slanderer
Conditions
Sane
Adult
Aware of the prohibition
Not a father
The slandered
Conditions
Muslim
Sane
Adult (for the male)
(Can endure sexual intercourse; for a female)
Chaste
Possessing a functional sexual organ.
Free
Wording of slander
By the occurrence of one of the two
Denying the lineage from the father or the grandfather
It is not a condition that the slandered be legally accountable
with Zina or sodomy
Sections
Explicit statement
Indirect or implicit statement
Prescribed punishment for slander
80 lashes
40 lashes upon the slaves
A pardon is permissible as long as the matter has not reached the ruler
The slanderer is judged to be defiantly disobedient, and his testimony is invalid
Prescribed punishment for theft
The thief
Adult
Sane
Aware of the prohibition
Absence of (strong) doubt or ambiguity
Not being in a state of necessity/duress
The one against whom theft is committed
Inviolable under Sharia
Not a child/offspring
Stolen item
A person lacking discernment
Property
Nisāb (quarter a dinar or 3 dirhams)
Sharia-sanctified
If he takes it for a single purpose
Owned by another
The act of theft
In secret
from a secured place without authorization
Prescribed punishment
Amputation of the right hand from the wrist
If he repeats it
Amputation of the left foot from the ankle
If he repeats it
Amputation of the left hand
If he repeats it
Amputation of the right foot
If he repeats it
Imprisonment until he repents or dies
Theft is confirmed
By one of the two
Testimony of two upright witnesses
Confession
Prescribed punishment for drinking alcohol
Conditions
Consumer
Muslim
Sane
Adult
Absence of error
Free will
Not being in a state of necessity
Drink/Intoxicant
The kind of what causes intoxication
In few or abundant amounts
Drinking
Its occurrence: through the mouth if it reaches the throat.
Confirmation
Confession
Testimony of two upright witnesses
On drinking
Perception of smell in the mouth
Vomiting alcohol
Measure
For a free person (80 lashes)
Slave (40 lashes)
Hirābah (armed robbery)
Who is the Muhārib?
Highway robber
To obstruct the passage, or to take sanctified property, or to violate honor
provided that rescue/relief is unavailable
Someone who deceives another or causes them to lose their mind to take their property
Taking property in cities and settlements by fighting
Prescribed punishment for the Muhārib (armed robber)
Upon seizing him
If he killed another
To be killed
If he did not kill
The ruler has the choice between four things
Crucifixion and killing
Killing only
Cutting off the right hand and left foot
Exile
Ruling on fighting him
Obligatory
In defense of one's life or family from murder, injury, or immorality.
Permissible
In other than the previous
Recommended
His appeal before fighting them.
The prescribed punishment for Hirābah (the right of Allah Almighty) is waived
On the condition that he does not kill anyone
By the occurrence of one of the two
His coming in repentance and obedience to the ruler or his deputy.
His leaving the banditry he is engaged in (even if the rule does not come)
Discretionary punishment
The cases where it is applicable
For disobedience to Allah
For which there is no prescribed punishment
For violating a human's right
That which he has the right to drop such as (the punishment regarding) insult and striking
Who should do it
The ruler
Discipline by another is not permissible
Exceptions
A father with his son/daughter who has not reached the age of puberty
Husband with his wife
The teacher with his students
That which is not permissible to apply as a discretionary measure
Curse and insult
Slapping the face
Disfigurement of an organ
Discretionary financial penalty
It is effected by
Several matters, including:
Detention
Blame and rebuke
Based on the personal reasoning of the imam
Exile
Flogging (even if it exceeds the prescribed amount)
Comprehensive questions on the Fiqh of the judiciary and crimes
State the prerequisites for the judge, when serving in the judiciary becomes obligatory for a person, and what are the conditions for the permissibility of arbitration?
What is the difference between a plaintiff and a defendant?
What are the ranks of testimony, and what is the ruling on its bearing?
What is the condition for a witness, and when is the oath required of the claimant?
What are the essential elements of legal retribution, and how is the crime established?
Mention the blood money of: the slave - the free Muslim - the apostate - the fetus - the tooth - the single eye.
What are the conditions for applying the prescribed punishment for apostasy, and what are the cases in which an apostate is killed even if he repents?
What are the conditions of being a Muhsan, and what is the prescribed punishment for a Muhsan adulterer?
What are the conditions for the slandered person regarding the prescribed punishment for slander, and what constitutes the act?
What is the prescribed punishment for the thief if he repeats the theft, and what are the conditions of the stolen property for applying the prescribed punishment?
How is drinking wine established, and what is the prescribed punishment for a slave if he drinks wine?
Who is the Muhārib, what is his prescribed punishment, and when is it waived?
What are the forms of Ta‘zīr (discretionary punishment), and what are the prohibited matters therein?
Introduction
Praise be to Allah, and may Allah's peace and blessings be upon the Messenger of Allah, his family, and Companions. To proceed:
Given the importance of the rules of Islamic jurisprudence (Fiqh-related rules) for the students of Fiqh, the Fuqahā’ Center has decided to include them in the Fiqh Qualification Portfolio according to the school of thought of Imam Mālik (may Allah have mercy upon him), based on the academic material of the Center's previous course, with modifications made to suit the rules and subsections of the Māliki school of thought. We ask Allah to make this course and its source beneficial, accept them from us, and make them purely dedicated to His Noble Countenance. Indeed, He is All-Hearing and Responsive. May Allah's peace and blessings be upon our Prophet Muhammad, his family, and his Companions.
Objectives of the course:
Acquainting the student with the Fiqh-related rules in general, their relationship with Fiqh and its fundamentals, and the rules specific to the Māliki school.
Helping the student understand the precision of the subsections of Fiqh and their foundation on universal rules.
Enabling the student to comprehend the five major Fiqh rules and their sub-rules branching from them.
Assisting the student to have the ability to connect the subsections of Fiqh to their basic rules.
Training the student on how to derive rules branching from the basic Fiqh-related rules.
Course Contents:
Defining the Fiqh-related rules, and outlining the difference between them and related terms.
Sources of Fiqh-related rules.
Types of Fiqh-related rules.
Benefits of studying Fiqh-related rules.
Rule: Matters are judged based on their objectives and the branching rules.
Issues related to intention.
Rule: Certainty is not overruled by doubt, and its branching rules.
Rule: Hardship entails ease, and its branching rules.
Rule: There should neither be harm nor reciprocal harm, and its branching rules.
Rule: Custom is considered a valid judgment, and the branching rules.
We ask Allah Almighty to make this course beneficial, and may peace and blessings be upon our Prophet Muhammad.
Fiqh Rules
Definition
as a descriptive compound
Rules
Plural of Qā‘idah (rule): a general proposition
Al-Fiqhiyyah (Jurisprudential)
Related to Fiqh (Islamic jurisprudence)
As a title and a name
A general practical legal proposition whose subdivisions are not confined to a single chapter.
Sources
Sharia evidence
Induction of sub-issues
Types
Major general rule
Applying to the majority of chapters
Non-major general rule
Applying to some chapters
General principle or criteria (governing rule)
Only in one chapter
Distinguishing between them is a stance adopted by later scholars
Benefits of studying them
Organizing scattered jurisprudential issues into one framework
Facilitating the memorization of sub-issues
Aiding in knowing the points of inference in issues and classifying novel legal issues under the relevant established issues according to jurists
Assisting in grasping the objectives of the Sharia and their inclusiveness
Matters are judged based on their objectives
Meaning
Rulings on statements and actions are based on the intentions
Evidence
Hadīth: (Deeds are only judged according to intentions). [Agreed upon]
Issues related to intention
Benefit
According to jurists
Distinguishing between acts of worship and habits
Distinguishing between some acts of worship and others
According to scholars of Tazkiyah (spiritual refinement)
Identifying the purpose behind the act
Its ruling
Examples of what requires an intention
That which is purely for acts of worship or in which the aspect of worship is predominant
Implicit expressions
That in which the deputation is invalid
Examples of what does not require an intention
Prohibitions and refraining from forbidden things
Explicit wording in divorce and the like
That which is exclusively conceptual or is predominantly of a conceptual nature.
Acts of devotion about which there is no ambiguity, such as Dhikr (Remembrance of Allah)
Matters in which the deputation is valid
Timing
At the beginning of the act of worship or shortly before it
Invalidators of intention
Leaving off or interruption
Hesitation
Place of intention
Heart
Derived sub-rules
Sub-rules derived from the rule that reads: Matters are judged based on their objectives
In contracts, consideration is given to the objectives and meanings, not the words and formulations.
Example: [Gift in return for compensation]
Intention specifies the general and restricts the absolute, and generalizes the specific if the wording permits it.
Example: [If one swears while angry 'not to eat meat' and his intention was beef]
No reward is earned except by intention
Example: [If one returns a deposit while being heedless about the intention]
Certainty is not overruled by doubt
Meaning
Suppose a person is firmly certain in his heart about the establishment or non-establishment of something. In that case, he should not abandon this certainty because of a doubt that arises, but rather act on his original case of certainty, or his strong presumption, and ignore the doubt.
Evidences
The Hadīth of Abu Hurayrah: "If one of you feels something in his stomach and doubts whether he released some wind or not, he should not leave the mosque unless he hears a sound or smells an odor." [Agreed upon]
The Hadīth of Abu Sa‘īd: "If one of you is unsure about his prayer, whether he prayed three or four, let him disregard the doubt and base his prayer on what he is certain of...) [Narrated by Muslim]
Acting on a presumption
Issues that are dealt with based on presumption
Issues that are not dealt with based on presumption
Derived sub-rules
Sub-rules derived from the rule that reads: Certainty is not overruled by doubt
In principle, things remain in the same state as they used to be
[If a dispute occurs between the buyer and the seller, in principle, the commodity remains in the seller's possession and the price remains a liability on the buyer]
In principle, liability is free
[A creditor and debtor dispute over the amount of debt]
Doubt in the condition is effective
[Doubt in purity]
Doubt in an impediment is of no effect
[Doubt regarding divorce]
Doubt in an omission is like its actual occurrence
[One who does not know whether he prayed three Rak‘ahs or four]
No consideration is given to the supposition that is clearly wrong
[One who prays, thinking he is pure, but turns out to have invalidated his purity]
Hardship entails ease
Meaning
The difficulty and hardship that an accountable person encounters in implementing a legal ruling becomes a valid legal reason for ease and alleviation
Evidences
{Allah wants ease for you}
{and He has not imposed upon you any hardship in religion.}
"You have been sent to make things easy, not to make them difficult."
Al-Bukhāri
Reasons for alleviation
Travel
Illness
Coercion
Forgetfulness
Ignorance
Hardship and uncontrollable widespread issue
lack of means
Types of alleviation
Exemption
Reduction
Substitution
Advancement
Delay
Granting concession
Alteration
Types of hardship
Hardship that is intrinsic to the act of worship (not considered)
Hardship that is mostly separable from the act of worship
Necessities
Severe (considered)
Embellishments/Refinements
Mild (not considered)
The needs
Moderate (fluctuates between the two)
Sub-rules derived from the rule that reads:
Hardship entails ease
When a situation becomes narrow, it widens, and when it widens, it becomes narrow [The one in hardship due to debt]
Necessity makes the forbidden things permissible
[Eating a dead animal out of necessity]
What is permitted out of necessity is limited to the extent of the necessity
[The quantity of a dead animal that a person in need may eat]
Necessity does not nullify the rights of others
[Someone was on the verge of death, so he ate from the property of another]
Harm should be removed
Meaning
The removal of harm, whether it is initial or reciprocal, its prevention before it occurs, and its removal after it has occurred
Evidence
The Hadīth: (There should neither be harm nor reciprocation of harm). [Narrated by Ibn Mājah]
Derived sub-rules
Harm should be removed [A bankrupt person can be legally restricted from certain actions]
Harm should be prevented as much as possible. [If someone finds his belongings with a bankrupt person]
Harm should not be removed by its like
[Someone killed a Muslim out of coercion]
A greater harm should be prevented by committing a lesser harm
[Taking commodities from a monopolist who hoards them during times of scarcity to sell them at an exorbitant price.]
Preventing harm takes precedence over realizing interests
[A fasting person should avoid excessive rinsing of the mouth]
Custom is considered a valid judgment
Meaning
Considering custom as a basis for establishing a legal ruling in issues related to customary practices that are ruled by personal reasoning, and in disputed issues when there is a dispute.
Classification of ‘Urf
Its subject
Related to statements
Related to actions
Origin
General
Private
Sharia-based
Acceptance
Valid
Invalid
Applicability among the people
Regular
predominant
Equal
Rare
Evidences
Conditions for considering ‘Urf
Point of considering something customary
Derived sub-rules
Closely related terms:
Custom, resemblance, the predominant, and the affair
Custom is considered a valid judgment
Evidences
{Be gracious, enjoin what is right}
{and treat them kindly}
"Take what is enough for you and your son to the extent accepted by custom." [Agreed upon]
Conditions for considering ‘Urf
Compatibility with Islamic legislation
Regular, or prevalence
There should be no explicit statement in Islamic texts contradicting it
It should either precede or be concurrent with the matter being judged
Point of considering ‘Ādah
What is generally mentioned in Islamic legislation, and there is no specific criterion for it in the Sharia or in language [kept property]
Derived sub-rules
A custom is only considered valid if it is consistently followed or widely prevalent. [selling goods for a price without specifying the currency]
What is known by custom is considered as if it were explicitly stipulated [a gift for a reward/compensation]
Written communication is equivalent to verbal communication [offer and acceptance via fax or Internet]
The signals made by a mute person are equivalent to spoken words [affirmation of a mute person]
Rulings can change over time as societies and circumstances evolve [what was considered immoral in the past may no longer be considered so today]
References for further information
Al-Furūq, by Imam Al-Qarāfi.
Al-Qawā‘id, by Imam Al-Muqri.
’Īdāh Al-Masālik, by Al-Wansharīsi.
Sharh Al-Manhaj Al-Muntakhab, by Al-Manjūr.
Nashr Al-Bunūd ‘Alā Marāqi As-Su‘ūd, by the erudite scholar ‘Abdullāh ibn Ibrāhīm Al-‘Alawi Ash-Shinqīti (Conclusion of the poem).
Applications of Fiqh Rules from the Two Books, Īdāh Al-Masālik and Sharh Al-Manhaj Al-Muntakhab, by Dr. As-Sādiq Al-Ghiryāni.
Some contemporary books that have discussed the Fiqh rules, such as the works of Dr. Ya‘qūb al-Bahusayn, Dr. ‘Ali an-Nadawi, and Dr. Muhammad ar-Rūki.
Introduction
Praise be to Allah, and may Allah's peace and blessings be upon the Messenger of Allah, his family, and Companions. To proceed:
Given the importance of Usūl al-Fiqh (Fundamentals of Islamic Jurisprudence) as a science, being a foundation upon which Fiqh sub-sections are built, the Fuqahā’ Office for Training and Consultations has included it within the curriculum of the (Fiqh Qualification Portforlio according to the school of thought of Imam Mālik, may Allah have mercy on him). The course has been prepared to introduce the issues and chapters in an accessible way, following the fundamentals of the school of thought of Imam Mālik, as transmitted by the jurists of his school, along with a set of exercises to develop the student's skills and enhance his understanding of the issues of the fundamentals of Fiqh.
Objectives of the course:
To familiarize students with the broad outlines of the science of Usūl al-Fiqh, and some of the specific principles of the Mālikī school.
To enable students to understand the precision of legal deduction among Muslim jurists.
To introduce the various types of legal evidence to students.
To enable students to distinguish between valid and invalid deductions.
To equip students to connect sub-sections of Fiqh to the rules related to the fundamentals of Fiqh.
To train students in deriving new rules based on the fundamental rules of Fiqh.
Course Contents:
Basics of Usūl al-Fiqh
Key topics in Usūl al-Fiqh
Categories of Sharia rulings.
Shar‘i (legal) evidence, textual ones: such as the Qur’an, Sunnah, consensus, the adopted opinion of a Companion, and the legislation of previous nations.
Semantics based on preponderance: explicit text, apparent meaning, and general meaning.
Semantics based on context: literal meaning and inferred meaning.
Indications: commands and prohibitions, general and specific statements, absolute and restricted statements.
Shar‘i (legal) rational evidence, they are: analogy, consideration of public interest, legal preference, presumption of continuity, observing the difference of opinion, induction, etc.
Independent legal reasoning and (Ijtihād), and following established legal opinions (Taqlīd)
Conflicting opinions and giving preponderance to one opinion over another.
We ask Allah Almighty to make this course beneficial, and may peace and blessings be upon our Prophet Muhammad.
Basics of Usūl al-Fiqh
Definition
The evidences of Fiqh in general, how to utilize them, and the state of the one who utilizes them.
Subject
Legal evidences leading to rulings.
Result
Understanding how to derive rulings from evidences.
Founder
Imam Ash-Shāfi‘i.
Its sources
The Qur’an and Sunnah - Principles of the Religion - Arabic Language - The rulings.
Ruling on learning it
Communal obligation on the Muslim nation.
Individual obligation on the Mujtahid (the one capable of independent reasoning).
Key topics in Usūl al-Fiqh
Madlūl/Inferred result (Ruling)
Evidence
Indication
The one who uses the evidence
(Madlūl) Categories of ruling
Taklīfi (Injunctive ruling)
Ijāb (Obligation)
Nadb (Recommendation)
Tahrīm (Prohibition)
Karāhah (Being disliked)
Ibāhah (Permissibility)
Wad‘i (Applicative ruling)
Explanatory to the ruling
‘Illah (effective cause)
Sabab (cause)
Shart (condition)
Māni‘ (impediment)
Validity and invalidity
‘Azīmah (Strict ruling) and Rukhsah (concessionary ruling)
Classifications of obligation based on various considerations
Based on the action commanded
Mu‘ayyan (Specifically binding)
Mukhayyar (Optional)
Based on time
Not time-bound
Time-bound
Muwassa‘ (extended time)
Mudayyaq (tight time)
Based on the legally accountable person
Individual
Communal
Based on the wording
Explicit indication
By way of inference or implication
Being necessary for the fulfillment of another obligation
The Fundamentals of the School of Thought
The Qur‘an
The Sunnah
The Consensus
Action of the people of Madīnah
Analogy (Qiyās)
A Companion's adopted opinion
Legal preference
Blocking the means
Legislation of previous nations
Custom
Public interest
Istishāb (presumption of continuity)
Considering the difference of opinion among scholars
Induction
The transmission of the Qur’an
by way of Tawātur (collectively transmitted reports)
Definitive proof
Through Ahād (individually transmitted reports)
Solitary transmitted mode of recitation
Not the Qur’an, nor is it a valid proof
The Prophetic Sunnah
Statement
Approval
Action
The Prophet's action
Its type
Its ruling
Actions exclusively specific to him
Not to be followed by others
Natural and habitual actions
Permissibly
Aimed for clarification
Its ruling is the same as the thing explained
Worship related
Obligatory, and some said: recommended.
Approval
Permissibly
Classification of reports based on the way they were transmitted to us
Report
Mutawātir (its conditions)
Based on sensory perception
Equality of the two parties, and the mediator in terms of its condition
A number whose collusion to fabricate is impossible
Ahād (two types)
Acceptable (its conditions)
The narrator must be a Muslim
Legally competent
Accurate
Upright
Rejected
Abrogation
Abrogation
Definition
Removal of a legal ruling by a subsequent Sharia evidence
Its types and conditions:
Types of abrogation:
Abrogating the Qur’an by the Qur’an
Abrogation of recitation
Abrogation of a ruling
Abrogation of recitation and ruling
Abrogation of the Qur’an by the mass-transmitted Sunnah
Abrogation of a Sunnah by the Qur’an
Abrogation of a Sunnah by a Sunnah
Abrogation of a Mutawātir by a Mutawātir Hadīth
Abrogation of Ahād by a Mutawātir Hadīth
Abrogation of Ahād by Ahād Hadīth
Impossibility of combination
The abrogated should either be a command or a prohibition
The abrogating ruling must be subsequent and can be determined through:
Consensus
Explicit statement of the Lawgiver
Action of the Prophet (ﷺ)
Statement of the narrator of a Hadīth
Consensus
Essential elements
Conditions/ or categories
Scholars forming the consensus (its condition):
Independent reasoning (Ijtihād)
Being contemporaries
Unanimous agreement
The incident (its condition):
No previous consensus on the issue
No established disagreement about it
Ruling (its condition):
Legal
Its types:
Explicit
Implicit
Basis (categories):
Text
Analogy
Classification of word meaning
based on the strength of the implication
Having one meaning and no other interpretation is plausible
Text
Having multiple meanings, but one is more preponderant
Self-evident: apparent meaning
Figuratively interpreted
More than one meaning without anyone being more preponderant
General indication
Classification of word meaning
Within the text
Word meaning according to the context of speech
Directly stated (spoken)
By correspondence or implication: (explicit)
By necessity:
(implicit)
Not the main purpose of the text: (allusion)
It is the main point of the text, but something is not mentioned, without which the speech is incomplete: (implication)
It is the main point of the text and nothing is deleted: (Indirect indication)
Word meaning not stated directly (implied)
The unspoken is like the spoken in ruling (Mafhūm Al-Muwāfaqah or congruent implication)
The unspoken is opposite to the spoken in ruling: (Mafhūm Al-Mukhālafah or incongruent implication)
Non-explicit statement
Categories
Meaning necessarily implied
The word meaning of an unspoken idea depends upon the validity of the speech logically and legally
Meaning of allusion
The word indicates a necessarily inferred meaning unintended by the speaker
Meaning of indirect indication
The ruling is associated with a description, if such a description is not meant for clarification, such an association would have been far from the eloquence of the lawgiver's speech
Mafhūm (implication)
Congruent implication
(Two categories)
Based on priority
Equivalent
Incongruent implication
(Categories)
Restriction
Condition
Description
Number
Purpose
Time/Place
The effective cause
Exception
Title
Conditions for applying the incongruent implication
The unspoken or implied meaning should not be more deserving of the ruling than the spoken or equal to it
Not meant to indicate the prominence
Not meant for exaggeration and maximization
Not an answer to a question or a specific incident
Not meant to demonstrate the ample favors of Allah
From the types of explicit statements
Command
Prohibition
General and specific
Absolute and restricted
Command
(a statement necessitating an act)
What indicates it
The imperative verb form
The present tense verb attached with the imperative "lām"
The noun form of the imperative verb
A Companion's statement: "The Messenger of Allah (ﷺ) commanded," or "We were commanded"
Indication
By itself (the absolute)
Obligation
Immediateness
Recurrence or a single incident
Prohibition of doing the opposite
Obligation of making up a missed timed action
By others (presumptive evidence)
Based on its indication: recommendation, permissibility, non-immediateness, etc.
Prohibition
Wording and what it indicates
Do not do
A Companion's statement: "The Messenger of Allah (ﷺ) prohibited", or "We were prohibited"
Indication
By itself (the absolute)
Prohibition
Invalidity
Immediateness
Recurrence
Command to do its opposite
By others
Based on the indication
Division of words -based on inclusion-
A word that refers to all individuals of a category (the general)
Its wording
Every, all
A noun attached by definite article (al-)
A noun attached to a definite noun
An indefinite noun in the context of negation or prohibition
Conditional particles
Relative pronouns
Its types
A general term remaining in its generality
General specified
General intended to be specific
A word that refers to some individuals of a category (specific)
The general
Retaining its generality
The original case, which is rare
Specified
This is usually the intended meaning when used without being qualified
By a detached element
Sense perception
Reason
Consensus
Specific text
Qur’anic text by a Qur’anic text
Qur’anic text by a Sunnah text
Sunnah text by a Sunnah text
Sunnah text by a Qur’anic text
Mafhūm (implication)
A Companion's statement
Analogy
By an attached element
Exception
The intended meaning is specification
By way of Majāz Mursal (synecdoche)
Utterance
Unrestricted
A term encompassing an unspecific individual based on a comprehensive reality of its kind
Restricted
That which involves specification, even if in some respects, such as the condition, the attribute, and other such things
Unity of reason and ruling: it restricts.
Unity in ruling and difference in reason: it does not restrict.
Incongruence in ruling and unity in reason: it does not restrict.
Difference in ruling and difference in reason: it does not restrict.
Summary
If they unite in one only, it does not restrict.
Pillars and conditions of analogy
Original
Ruling
Definite and established
Logical and understandable
Branch
The effective cause exists in it in its entirety
That it not be explicitly stated with generality or specification
That there be no significant difference between it and the origin
Cause
Transitive
Does not invalidate the original
Does not contradict a text or consensus
Clearness
Precision
Consistency
Methods of identifying the cause
Consensus
Text
Explicit
Apparent
Indication and hint
Legal inference
Exploration and categorization
Suitability and Estimation
Resemblance
Contingency
Concurrence
Extracting the justification
Eliminating the difference
Method of the text
Explicit
(What is meant for clarification, in such a way that it does not imply otherwise)
For the sake of
In order that
Then indeed, surely
Purpose of the object
Apparent
(What may indicate an interpretation other than causality less likely)
The letter "Lām"
Evident
Hidden
The letter "Bā’"
An
Hinting and indication
(The ruling being associated with a description, if such description - or its equivalent - is not meant for clarification, such an association would have been far from eloquence)
The ruling being associated with the description
The issuance of a ruling following an incident that was brought before the Prophet (ﷺ).
Setting the ruling as per the description
Distinguishing between two rulings by the Prophet (ﷺ)
By [the Description – the Objective – the Condition – the Exception]
By answering a question that includes descriptions
Other methods of identifying the cause
1.
Exploration and categorization
Limiting the descriptions in the original case and invalidating those that do not fit based on evidence, thus necessitating that the remaining factor is the cause
Suitability and presumptive indication
Its extraction is called Takhrīj-ul-Manāt, which is the identification of the ‘Illah (cause) solely by demonstrating its intrinsic suitability, not by a textual proof or anything else
Similarity
The branch (a new case) fluctuates between two origins (already existing cases), being more similar to one of them in the considered descriptions
Contingency
The ruling exists when the cause exists, and it is absent when the cause is absent
Other methods of identifying the cause
2.
Concurrence
The association of a ruling with a description, without any suitability
Extracting the justification
An apparent meaning indicates a justification by a specific description, so its particularity is disregarded through juristic reasoning and is linked to the more general
Eliminating the difference
Such as applying the ruling of wheat to rice in the prohibition of Riba al-Fadl (excess).
The practice of the people of Madīnah
They are those of the Tābi‘ūn whom Imām Mālik met
In that wherein there is no scope for reason
(That which is determined by Tawqīf)
Or when such is the prevailing case
Valid proof
(Adhān (call to prayer), Iqāmah (second call to Prayer), and Madd (elongation) ...)
In matters open to Ijtihād (independent reasoning)
Not a valid proof upon careful examination
A Companion's adopted opinion
(by speech or action)
That which cannot be stated based on personal reasoning
It is considered equivalent to the statement of the Prophet (ﷺ)
If the Companions unanimously agreed on it explicitly
It constitutes consensus and conclusive proof
If it became widespread among them, and no one is known to have opposed it
Valid proof
If its widespread acceptance is not known, and no one is known to have opposed it
Valid proof
Point of discussion
On another Mujtahid Companion
Not a valid proof
Legal preference
Definition
Abandoning what the evidence entails by way of exception and legal dispensation, due to its being opposed by a counter-indicator in some of its implications
Its types:
Abandoning evidence for the sake of public interest
An example: referring oaths to customary practice.
Neglecting the evidence in favor of custom
An example is: [Holding a shared worker liable, while the evidence indicates he is an entrusted party]
Abandoning the evidence for the consensus of the people of Medīnah
Example: [Imposing the full value upon one who severs the tail of the judge's mule]
Setting aside the proof for the sake of ease and removing the restriction/easing the difficulty.
For example: [Permissibility of a slight excess in large-scale exchanges by weight]
The Means
Consensus on its blocking
If its leading to what is prohibited is certain or predominantly presumed, such as digging wells in the path of the Muslims.
Consensus upon its non-blocking.
Such as the cultivation of grapes, and sharing residence in a house for fear of Zina (unlawful sexual intercourse).
Controversial
The Mālikis considered the means as a valid legal basis therein, contrary to others
Such as deferred-term sales
Istishāb (presumption of continuity)
Sequential Istishāb
(The establishment of a matter at a subsequent time based on its establishment at a preceding time)
Presumption of continuity of the original state of non-existence
(Original state of non-liability)
Presumption of continuity of generality until specification is established
Presuming continuity of the text until abrogation appears.
Presumption of continuity of a matter established by the Islamic legislation due to the existence of its cause.
Presumption of continuity of the ruling of the consensus
The reversed Istishāb
(The opposite of Istishāb)
To affirm a matter in the past due to its existence in the present
Legislation of previous nations
Categories
What was proven to be a legislation for us
Valid proof
What was proven not to be a legislation for us
Not a valid proof
What was transmitted through them
Not a valid proof
Point of discussion
What is proven in our legislation to be legislation for them, and we are not commanded with it.
Valid proof
According to the well-known opinion
Interest (categories)
Legislation declared it considerable
(Recognized public interest)
Should be acted upon
Legislation declared its invalidity
(Cancelled interest)
Not acted upon
Legislation has neither explicitly approved nor rejected it
Public interest
Necessities
Preservation of religion
Preservation of life
Preservation of lineage
Preservation of intellect
Preservation of wealth
Needs
Improvements
Regulations for the application of interest
That the interest be certain
This includes: that which is definitive and that which is based on a strong presumption, to the exclusion of that which is subject to doubt and that which is based on a weak presumption
That it be universal, to preclude individual interest
That the Lawgiver has considered its kind/category
That is, for it to have a connection to valid parallels, even if distant, and this is the difference between it and Qiyās
Being removed from public and personal inclinations and vain desires
That the scholars, to the exclusion of others, are to issue rulings based on it by considering the case as one of public interests (Maslahah Mursalah)
It does not contradict a text from the Qur’an or the Sunnah, or consensus, or other proofs that take precedence over it
Being compatible with the dispositions/directives of the Sharia
To be logical and understandable in its present state and its eventual outcome
Not to conflict with a more predominant interest
That acting on it does not result in an equal or greater cause of corruption
Considering the difference of opinion among scholars
Definition
The Mujtahid's application of his opponent's proof to its necessary implication
Its types
General consideration
(Avoiding scholarly disagreement)
Partial consideration
Point of discussion
Conditions
To be done by a Mujtahid (the one capable of independent reasoning)
That the considered opinion be supported by strong evidence
That it does not result in a form contradicting the consensus
That the consideration should not result in abandoning the position of the school of thought in all respects
Induction
Definition
To examine the ruling in its particular instances with respect to a specific case, where it is highly probable that the matter under dispute falls under that same case
Its types
Complete induction
Incomplete induction
Ijtihād: A jurist exerting his utmost effort to reach a Sharia ruling
Taqlīd: Following the opinion of another school of thought without knowing the proof he relied upon
A Mukallaf/legally competent person (two categories)
Mujtahid (two types)
Absolute (requirements)
Talent
Knowledge
Principles of Islamic Jurisprudence
Arabic grammar and linguistics
Knowledge of the evidence of rulings and their classifications in terms of establishment and non-establishment, and abrogation and confirmation
Occasions of the revelation
Ability to distinguish between areas of consensus and areas of disagreement
Partial (requirements)
Talent
Possesses the knowledge required for the topic or issue in which he conducts Ijtihād
Muqallid (someone who follows the opinion of a Mujtahid)
Ta‘ārud (Conflict): Two pieces of legal evidence seem to contradict each other in a way that makes it impossible to reconcile. Tarjīh (giving preponderance): Deeming one of them stronger than the other.
Preponderance of evidence: The inferred presumption is stronger
And the preponderant factors are countless
Cases of conflict
If reconciliation is possible, they are reconciled
If reconciliation is not possible
If the historical sequence is known, the later evidence abrogates the earlier one
If the historical sequence is unknown
If preponderance is possible, the stronger should be given preponderance
If there is no way to determine which evidence is stronger, the jurist may halt the process
Reconciliation
Abrogation
Giving preponderance
Halting the process
Giving preponderance
In the type of evidence
Verbal consensus
The Qur’an
The Sunnah
Verbal/Statements
Actions
In the form of approval
A Companion's statement
Analogy (Qiyās)
In the chain of narration
Related to the narrator
Abundance of narrators
Trustworthiness of the narrator
Closeness of the narrator
Related to the narrated text
A Musnad narration, which has a continuous chain of narrators back to the Prophet (ﷺ), is given precedence over a Mursal (disconnected) narration
‘Āli (higher chain of transmission) over Nāzil (lower chain of transmission)
What contains an addition over others
That whose report involves a well-known incident
Al-Madani over Al-Makki
In the text of the Hadīth
In the implied meaning
External factor
Related books
All books- مناهج مركز فقهاء (المذهب الحنبلي)
- المناهج التعليمية - الصف الأول5 languagesالمناهج
المناهج التعليمية - الصف الأول
This book addresses the subject matter of Tawhīd (monotheism) for level one, which focuses on the foundations of the religion of Islam. It includes the study of knowing Allah, the religion of Islam, and the Prophet of Islam, Muhammad (peace and blessings be upon him). It also aims to strengthen the correct creed in the hearts of the students by teaching the principles of Tawhīd and the Islamic creed upon a sound foundation.
- المناهج التعليمية - الصف الثالث7 languagesالمناهج
المناهج التعليمية - الصف الثالث
This book explains the subject of Tawhīd for level three, focusing on the study of the three levels of the religion: Islam, Imān, and Ihsān. It also discusses in detail the concept of each level, explaining the pillars of Islam and Imān and the importance of testifying to Tawhīd, in addition to reinforcing belief in Allah, His messengers, and His books. Finally, it clarifies the station of Ihsān as the highest level of the religion, supported by religious texts.
- Title: Academic Curricula, Islamic Jurisprudence, Level (Four).7 languages
Title: Academic Curricula, Islamic Jurisprudence, Level (Four).
A Brief Overview: This academic material is an abridgment and refinement of the curricula designated for students in the Kingdom of Saudi Arabia. It is divided into several levels, and part of this material is dedicated to the study of Fiqh, which is divided into twelve (12) levels. Among the most important topics and issues included in the fourth level are the following: Discussion on purification and its merit, an explanation of the conditions of ablution, its obligatory acts, its recommended acts, and its nullifiers. Explanation of the Description of the Adhan and Iqamah. Clarifying the…