The Five Schools of Islamic Law: Al-Hanafi, al-Hanbali, al-Ja’fari, al-Maliki, al-Shafi’i
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Author: Muhammad Jawad Mughniyyah
Publisher: Ansariyan Publications – Qum
Category: Jurisprudence Science
Author: Muhammad Jawad Mughniyyah
Publisher: Ansariyan Publications – Qum
Category:
Download: 2865
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The Five Schools of Islamic Law: Al-Hanafi, al-Hanbali, al-Ja’fari, al-Maliki, al-Shafi’i
- Preface
- Foreword
- Notes
- Part 1: Ibadah
- 1. Taharah, Ritual Purity
- Al-Ma' al-Mutlaq (Pure Water)
- Al-Ma' al-Musta'mal (Used Water)
- A Subsidiary Issue
- Mixed Water (al-Ma' al-Mudaf)
- Al-Kurr and al-Qullatan
- A Subsidiary Issue
- Flowing and Stationary Water (al-Jari wa al-Rakid)
- Purifying Najis Water
- Al-Najasat
- Taharah
- Rules of the Closet
- Al-Mutahhirat (The Purifiers)
- Conditions Requiring Wudhu
- Discharge of Urine, Faeces and Wind
- Discharge of Madhy and Wadhy
- Loss of Consciousness
- Emission of Semen
- Touch
- Vomiting
- Blood and Pus
- Laughter
- Meat of a Slaughtered Animal
- Istihadah Blood
- The Objects of Wudhu’
- The Essentials of Wudhu’ (Fara'id al-Wudhu’)
- Niyyah
- Washing the Face
- Washing of Hands
- Wiping the Head
- The Two Feet
- Sequence (al-Tartib)
- Conditions of Wudhu’
- Mustahabbat of Wudhu’
- Doubt Regarding Taharah and Hadath
- Notes
- Ghusl
- Ghusl al-Janabah
- A Subsidiary Issue
- Acts Whose Validity Depends Upon Ghusl al-Janabah
- The Essentials of Ghusl al-Janabah
- Menstruation (al-Hayd)
- The Menstruating Age
- The Period of Menstruation
- A Subsidiary issue
- Rules Applicable to a Ha’id
- The Manner of the Ghusl
- Al-'Istihadah
- Nifas
- Touching a Corpse (Mass al-mayyit)
- The Rules Pertaining to a Dead Body
- 1. Al-Ihtidar
- 2. The Ghusl of a Corpse
- A Subsidiary Issue
- The Person Giving Ghusl (Ghasil)
- The Manner of Bathing the Dead
- Hunut
- Kafan (Shroud)
- The Death of an Indigent Person
- The Salat Performed Over a Shahid
- The Salat Offered for Children
- Funeral Salat in Absentia
- The Awliya' of the Deceased
- Uncertainty Concerning a Corpse
- The Manner of the Samt
- The Place of the Salat
- Time of Salat over the Deceased
- The Burial
- Disposing a Corpse into the Sea
- Making the Grave at Level with the Ground
- Reopening the Grave
- Notes
- Al-Tayammum
- Conditions in which Tayammum is Performed
- Harm to Health
- A Subsidiary issue
- The Substance on which Tayammum is Performed
- The Manner of Performing Tayammum
- The Rules of Tayammum
- The Schools and the Verse Concerning Tayammum
- Notes
- 2. Salat, Ritual Prayer
- Salat
- The Daily Supererogatory Prayers (Rawatib)
- The Time of Zuhr and ‘Asr Prayers
- The Time of Maghrib and ‘Isha’ Prayers
- The Time of Subh Prayer
- Notes
- The Qiblah
- Ignorance of the Qiblah (Direction)
- A Subsidiary Issue
- Notes
- The Rules of Modesty
- 1. Looking at One’s Own Body
- 2. Woman and Her Maharim
- 3. Women and ‘Strangers’
- 4. Man’s ‘Awrah
- 5. Children
- 6. Woman’s Voice
- 7. The Colour, Not the Shape
- 8. The difference between Looking and Touching
- 9. The Difference Between Exposing and Looking at
- 10. Old Women
- Notes
- Wajib Covering During Salat
- The Requirements for the Covering during Salat
- 1.Taharah
- 2. Wearing Silk
- 3. Lawfulness of the Clothing
- 4. The Skin of Animals Not Used for Food
- A Subsidiary Issue
- The Place of Salat
- A Usurped Place
- Taharah (purity) of the Place
- Salat performed on a Mount
- Salat inside the Ka’bah
- A Woman’s Prayer beside a Man
- The Locale of Sajdah
- Adhan (Call for Prayer)
- Adhan is a Sunnah
- Adhan is Invalid in Certain Cases
- The Conditions for Adhan
- The Form of Adhan
- Iqamah (A call immediately before prayer)
- Notes
- The Essentials (Arkan) of Salat
- 1. Intention (Niyyah)
- 2. Takbirat al-Ihram
- 3. Qiyam (standing)
- 4. Qira’ah (reciting)
- 5. Ruku’ (bowing)
- 6. Sujud (prostration)
- 7. Tashahhud
- The Hanafis
- The Malikis
- The Shafi’is
- The Hanbalis
- The Imamis
- 8. Tasleem
- 9. Sequence (tartib)
- 10. Continuity
- Notes
- Error and Doubt During Salat
- Doubt in the Number of Rak’ahs
- The Friday Prayer
- Its Wujub (necessity)
- Conditions
- The Friday Sermons
- Its Mode of Performance
- Notes
- The ‘Id Prayers
- The Hanafis
- The Shafi’is
- then after ta’awwudh
- The Hanbalis
- The Malikis
- The Imamis
- Notes
- The Prayer of the Eclipses
- Prayer For Rain
- Salat al-Qada’
- The Mode of Performing Qada’
- Proxy for Acts of Worship
- Salat al-Jama'ah
- Conditions for Jama'ah
- Following the Imam
- Joining the Jama'ah in the Middle
- Preference for the Imamah
- Salat During Travel (Salat al-Musafir)
- Conditions for Qasr
- Successive Performance (Jam') of Two Salats
- Ignorance and Forgetfulness
- Notes
- The Invalidating Causes of Salat (Mubtilat)
- Crossing over in Front of the Musalli
- Notes
- 3. Siyam, Fasting
- Disappearance of the Excuse
- Conditions (Shurot) of Fasting
- Muftirat
- The Various Kinds of Fasts
- Obligatory fasts
- Qada' of the Ramadan Fasts
- Fasts of Atonement (Kaffarah)
- Prohibited Fasts
- The Doubtful Days
- Supererogatory Fasts
- Reprehensible (Makrah) Fasts
- Evidence of the New Moon
- The New Moon and Astronomy
- Notes
- 4. Zakat and Khums
- Zakat
- Conditions for Zakat on Property
- Kinds of Property Liable to Zakat
- Zakat on Livestock
- Zakat on Gold and Silver
- Zakat on Crops and Fruits
- Zakat on Merchandise
- The Character of Liability
- Classes Entitled to Receive Zakat
- 1. The Needy (Faqir)
- 2. Al-Miskin
- 3. Al-'Amilin
- 4. Al-Mu'allafatu qulubuhum
- 5. Al-Riqab
- 6. Al-Gharimin
- 7. Sabil Allah
- 8. Ibn al-Sabil
- Subsidiary Issues
- Zakat al-Fitr
- Those on Whom it is Wajib
- Its Quantity
- Time of Wujub
- Mustahiqq
- Notes
- Khums
- Uses of Khums
- 5. Hajj, The Pilgrimage
- The Hajj
- The Acts of the Hajj
- The Conditions (Shurut) that make the Hajj Obligatory (Wajib)
- The Proviso of Bulugh
- Insanity
- Istita’ah
- Immediacy (al-Fawr)
- Secondary Issues Related to Istita’ah
- Women and the Hajj
- Bequest (al‑Badhl)
- Marriage
- Khums and Zakat
- Istita'ah by Chance
- Istinabah (Deputation)
- The Physically Incapable (al-Qadir al-’Ajiz)
- Istinabah in al-Hajj al-Mustahabb
- The Conditions for the Na'ib
- Delay by the Na'ib
- Change of Purpose by the Na'ib (al‑‘Udal)
- Notes
- Al‑‘Umrah
- The Meaning of ‘Umrah
- The Kinds of ‘Umrah
- Difference Between the Two Kinds of ‘Umrah
- The Conditions of the ‘Umrah
- The Status of ‘Umrah
- The Acts of the ‘Umrah
- Two Subsidiary Issues
- Notes
- The Forms of Hajj
- Notes
- The ‘Ihram
- Mawaqit al-'Ihram
- Ihram Before Miqat
- Ihram after Miqat
- Ihram before the Hajj Months
- The Mustahabbat of Ihram
- Al- 'Ishtirat
- The Wajibat of Ihram
- Al-Niyyah
- The Talbiyah
- The Formula of Talbiyah
- The Muhrim's Dress
- Restrictions of Ihram
- Marriage
- Intercourse
- Use of Perfume
- Use of Kohl
- Shortening of Nails and Hair; Cutting of Trees
- Looking into a Mirror
- Use of Henna
- Use of Shade; Covering the Head
- Stitched Clothing and Ring
- ‘Fusuq' and Jidal'
- Cupping (Hijamah)
- Hunting (al-Sayd)
- The Limits of the Harams of Makkah and of Al‑Madinah
- Notes
- Tawaf
- Kinds of ‘Umrah in View of the Ahl al-Sunnah
- 1. Tawaf al-Qudum
- 2. Tawaf al-Ziyarah
- 3. Tawaf al-Wada’
- Kinds of Tawaf from the Imamiyyah Viewpoint
- Entry into Makkah
- The Conditions (Shurut) of Tawaf
- The manner of Performing Tawaf
- The Mustahabbat of Tawaf
- The Ahkam of Tawaf
- Notes
- Sa'y
- The Mustahabbat of Sa’y
- The Way of Performing Sa’y
- Note
- The Ahkam of Sa’y
- Notes
- Taqsir
- Taqsir in ‘Umrah
- Taqsir in Hajj
- Notes
- The Wuq’uf
- The Wuq’uf in ‘Arafat
- The Second Rite of Hajj
- Before the Halt in ‘Arafat
- The Period of the Halt in Arafat
- The Limits of ‘Arafat
- The Conditions Applicable to the Halt
- The Wu’quf in Muzdalifah
- The Limits of Muzdalifah
- The Night at Muzdalifah
- Mustahabbat of the Mash’ar
- Notes
- At Mina
- Notes
- Jamrat al ‘Aqabah
- The Number of Jimar
- Jamrah of the Tenth of Dhu al‑Hijjah
- The Conditions of Ramy
- Doubt
- Hady
- The Kinds of Hady
- For Whom is Hady Wajib?
- The Requirements of the Hady
- The Time and the Place of the Sacrifice
- The Flesh of the Hady
- The Substitute Duty (al‑Badal)
- Dhabh by a Wakil
- Qani’ and Mu’tarr
- The Substitute for Camel Sacrifice
- Taqlid and Ish’ar
- Charity to Non‑Muslims
- The Burning or Burying of Slaughtered Animals
- Notes
- Between Makkah and Medina
- The Night at Mina
- Ramy during the Ayyam al-Tashriq
- Notes
- The Dhu al-Hijjah Moon
- Notes
- Ziyarah of the Greatest Prophet (S)
- History of al-Haramayn al-Sharifayn
- The Ka’bah
- The Prophet's Mosque
- Part 2: Personal Law
- 6. Marriage
- The Marriage Contract and its Conditions
- A Subsidiary Issue
- Witnesses
- Notes
- Capacity to Enter into a Marriage Contract
- Bulugh
- Stipulation of Conditions by the Wife
- Notes
- Claim of Marriage
- Does the Living Together of a Couple Prove Marriage?
- Notes
- The Prohibited Degrees of Female Relations (al-Muharramat)
- Consanguinity (al-nasab)
- Al- Musaharah (Affinity)
- II. Consanguinity Between Wives
- III Fornication (al-Zina)
- IV. Number of Wives
- V. Li'an
- VI. Number of Divorces
- VII. Difference of Religion
- Litigation Between the Ahl al-Kitab
- VIII. Fosterage (al-Ridi')
- IX. Al-'Iddah
- X. Al-'Ihram
- Notes
- Matrimonial Guardianship
- Wilayah over a Mature and Sane Girl
- Wilayah in Cases of Minority, Insanity and Idiocy
- The Order of Priority in Guardianship
- Al-Kafa'ah (Equality)
- Notes
- Al-'Uyub (Defects)
- Al-'Anan (Impotence)
- Al-Jabb and al-Khisa'
- Insanity
- Leprosy and Leukoderma
- Al-Ratq, al-Qarn, al-'Afal & al-'Ijda
- Immediacy (al-Fawriyyah)
- Notes
- The Option to Include Conditions (Khayar al-Shari)
- Deceit (Tadlis)
- Supplementary Issue
- Al- Mahr
- Conditions of Mahr
- Mahr al-Mithl
- Immediate and Deferred Payment of Mahr
- The Wife's Right to Refuse Her Conjugal Society
- Inability of the Husband to Pay the Mahr
- The Father and His Daughter-in- Law's Mahr
- Consummation and Mahr
- Wife's Crime Against Husband
- Al-Khalwah
- Half the Mahr
- An Exceptional Case
- Notes
- Disagreement between the Spouses
- Dowry (al-Jihaz)
- Lineage (Al-Nasab)
- Introduction
- The Minimum Period of Gestation
- The Maximum Period of Gestation According to Ahl al-Sunnah
- The Maximum Gestation Period According to the Shi'ah
- Walad al- Shubhah
- Child Born of al-Mut'ah
- The Illegitimate Child (Walad al-Zina)
- Al-Laqit
- Adoption (al-Tabanni)
- Notes
- Artificial Insemination
- Artificial Insemination is Prohibited
- The phrase
- Some may say that the phrase
- The Offspring by Artificial Insemination
- Notes
- Custody (Al-Hidanah)
- The Right to Act as a Custodian
- The Qualifications for Custody
- The Period of Custody
- Fee for Custody
- Travelling With the Child
- Voluntary Breast-Feeding and Custody
- Surrendering of the Right to Custody
- Notes
- The Right to Maintenance
- The Maintenance of a Wife and a Divorcee During 'Iddah
- A Disobedient Wife (al-Nashizah)
- Notes
- Determination of Maintenance
- Medical Expenses
- Expenses of Child-birth
- Adjustment of Maintenance
- The Wife's Housing
- Marriage
- A Working Wife
- Surety for Maintenance
- Dispute between Spouses
- The Wife's Claim of Expulsion
- Loss of Maintenance
- Husband's Debt Claim against Wife
- Maintenance of Relatives
- Definition of a Relative's Maintenance
- Conditions for the Wujub of Maintenance
- Determination of Relative’s Maintenance
- The Order of Relatives on Whom Maintenance is Wajib
- Notes
- 7. Divorce
- Divorce
- The Divorcer (al-Mutalliq)
- Divorce by the Guardian (Talaq al-Wali)
- The Divorcee (al-Mutallaqah)
- The Pronouncement of Divorce (al-Sighah)
- Divorce and Witnesses
- The Case of a Sunni Husband and a Shi'i Wife
- Revocable and Irrevocable Divorce
- The Triple Divorcee
- Doubt in the Number of Divorces
- Divorcee's Claim of Tahlil
- Notes
- Al-Khul'
- The Condition of the Wife's Destestation
- Mutual Agreement to Khul' for a Consideration Greater than Mahr
- Conditions for Consideration Payable in Khul'
- A Related Issue
- Conditions for a Wife Seeking Khul'
- Conditions for a Husband Granting Khul’
- The Pronouncement of Khul’
- Notes
- Al-'Iddah
- Divorcee's ‘Iddah
- Maximum Period of 'Iddah
- 'Iddah for Intercourse by Mistake
- The 'Iddah of a Fornicatress
- The 'Iddah of a Kitabiyyah
- Wife of a Missing Husband
- The Rules Governing 'Iddah
- Inheritance between a Divorcer and a Divorcee
- Divorce by a Sick Person
- 'Iddah and Location
- Marriage with a Divorcee's Sister in 'Iddah
- Can a Divorcee in 'Iddah be Redivorced?
- Notes
- Return To The Divorcee (Al-Raj’ah)
- Raj'ah and Witnesses
- Raj'ah of an Irrevocable Divorcee
- Disagreement During the 'Iddah
- Notes
- The Acceptance of a Claim without Proof
- Notes
- Court Divorce (Talaq Al-Qadi)
- Notes
- Al-Zihar
- Al-Ila'
- Notes
- 8. Wasaya, Will and Endowments
- Will and Bequest (Wasaya)
- The Pronouncement
- The Testator
- The Legatee
- The Legacy
- The Extent of Testamentary Rights
- Clashing Wills
- Revocation of Will
- Bequest of Benefits
- The Dispositional Rights of an Ailing Person
- Powers of Disposition of a Healthy Person
- The Powers of Disposition of an Ill Person
- Wills and ‘Completed Dispositions’ During Illness
- Acknowledgment during Sickness
- Appointment of Executor (al-Wisayah)
- Requirements for a Wasi
- Refusal to Act as Executor
- Appointment of Two Executors
- Appointing an Executor for Marriage
- A Wasi’s Acknowledgment
- Liability of a Wasi
- Probating a Will
- Notes
- 9. Inheritance
- Rules Concerning the Heritage
- The Heritage
- Deductions from the Heritage
- Heirs and the Decedent's Heritage
- Causes of Inheritance and Impediments
- Causes of Inheritance
- Impediments to Inheritance
- Difference of Religion
- An Apostate (Murtadd)
- Inheritance of Followers of Other Religions
- The Ghulat
- One Who Denies an Essential of the Faith
- Homicide
- Distribution of the Heritage
- The Shares and Sharers
- The Residuaries (al-'Asbat)
- The Residuaries From the Imami Viewpoint
- Al-Ta'ib
- Al-'Awl
- Exclusion (al-Hujb)
- The Return (al-Radd)
- The Inheritance of a Fetus; Disowned and Illegitimate Children
- The Inheritance of a Fetus
- Child Disowned by the Father (Walad al-Mula'anah)
- The Illegitimate Child (Walad al-Zina)
- The Marriage and Divorce of an Ill-Person
- The Father's Share in Inheritance
- The Mother's Share in Inheritance
- Does the Mother Take One-Third of the Remainder?
- The Inheritance of Children and Grandchildren
- The Sons
- The Daughters
- Children's Children
- The Inheritance of Brothers and Sisters
- Brothers and Sisters
- Full Brothers and Sisters
- Agnate Brothers and Sisters
- Uterine Brothers and Sisters
- A Subsidiary Issue
- Children of Brothers and Sisters
- The Maternal Grandfather
- Grandmothers
- The Paternal Grandfather
- The Inheritance of Paternal and Maternal Uncles and Aunts
- The Inheritance of the Spouses
- A Missing Person's Property
- Inheritance of Persons Killed by Drowning, Fire and Debris
- The Presumption of Non-Occurrence
- The Presumption of the Delayed Occurrence of an Event
- The Knowledge of Occurrence of Two Events with Ignorance of Their Order of Succession
- Victims of Drowning and Burial under Debris
- The Mode of Mutual Inheritance
- Illustrations
- Notes
- 10. Waqf
- Waqf
- Perpetuity and Continuity
- Delivery of Possession
- Ownership of the Waqf Property
- The Essentials of Waqf
- The Declaration
- Al-Mu'atat (The creation of Waqf without the Sighah)
- Acceptance
- Al-Tanjiz
- Al-Waqif
- Niyyat al-Qurbah
- Death Illness
- Al-Mawquf
- The Beneficiary (al-Mawquf 'Alayh)
- A Waqf for prayers (al-waqf 'ala al-salat)
- Doubts Concerning Waqf
- Conditions of a Waqif and His Pronouncement
- The Waqif‘s Intention
- The Permissible Conditions
- The Contract and This Condition
- The Option to revoke (al-Khayar)
- Inclusion and Exclusion (al-Idkhal wa al-Ikhraj)
- Waqif’s Maintenance and the Payment of his Debts
- A Note
- Sons and Daughters
- The Grandchildren
- The Management of Waqf (al-Wilayah 'ala al-Waqf)
- The Children of 'Ulama' and Awqaf
- The Sale of Waqf
- Al-Makasib and al-Jawahir
- The Present Question
- Mosques
- Properties Belonging to Mosques
- Waqfs which are not Mosques
- Public and Private Waqfs
- Private Waqf
- Public Waqf
- Cemeteries
- A Sub-Issue
- Causes Justifying the Sale of Waqf Property
- The Sale Proceeds of a Waqf
- Some Curious Waqfs
- Notes
- 11. Hajr, Legal Disability
- 1. Insanity
- 2. Minority
- Liability (al-Daman)
- A Discerning Child
- A Child's Intentional Act is a Mistake
- 3. Idiocy (al-Safah)
- Declaration of Legal Disability (al-Tahjir)
- The Judge's Order
- The Idiot's Confession, Oath and Vow
- The Idiot's Marriage and Divorce
- The Proof of Mental Maturity
- The Guardian
- A Minor's Guardian
- The Guardian of an Insane Person
- The Guardian of an Idiot
- The Qualifications of a Guardian
- 1. Pardon and Compromise (al-'Afw and al-$ulh)
- 2. Divorce and Pre-emption (al-Talaq and al-Shuf'ah)
- 3. Deduction of Claims (lkhraj al-Huquq)
- 4. Spending Upon the Ward
- A Guardian's Sale to Himself
- The Guardian's or Executor's Agent
- 4. The Insolvent Person (al-Muflis)
- A Particular Thing and Its Owner
- Wealth Accruing after Insolvency
- The Acknowledgement of an Insolvent Person
- Marriage
- Imprisonment
- Prohibition on Travelling
- Notes
- Bibliography
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