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TheShi'ah - The Divine Code of Living

Author: Al-Shia.org

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Table of Contents

Preface 5

1. Salat (prayer) 9

2. Sawm (Fasting) 11

3. Zakat (Taxation) 12

4. Khums 13

5. Hajj 15

6. Jihad 16

7. Amr Bi 'l-ma 'Ruf and Nahy 'ani'l-munkar 17

8. Mu'amalat (Mutual Dealings) 18

8. (a) The Marriage Agreement 19

8 (b) Talaq (Divorce) 27

9. Inheritance 31

10. Endowments (waqf); Gifts (nibah) and Charities (sadaqah) 33

11. Passing Judgement (qadawah) 35

12. Slaughtering and Hunting 37

13. The Nature of Foodstuffs 39

14. Penology (hudud) 41

Preface

TheImamiyah Shi'as believe that an ordinance or order of the Islamic code exists for every matter of life. The Divine Law has not even ignored the "diyat " (conciliation money) for injury of avery minor nature.There is no action of a "mukallaf " (a sane, adult person) which does not come under the scope of the following definitions: "wajib " (compulsory); "haram " (unlawful);mustahabb (desirable);makruh (undesirable) andmubah (lawful).

Whether it is a matter of mutual transactions, trade, marriage or a promise and a pledge, the religious code will certainly guide us as to whether it is right or wrong.

The personality of the Holy Prophet (s.a.w .) was the fountainhead of all divine orders. God the Almighty conveyed these orders to the last Prophet (s.a.w .) through "wahy " (revelation throughJibril ) or "ilham " (divine inspiration). The Holy Prophet (s.a.w .) communicated them to the people according to the circumstances prevailing, particularly to those companions who had been close to him at all times, so that they might carry on the mission of preaching throughout the whole world.

There were many ordinanceshowever which could not be taught, because the time for them was not opportune, or because there was no need for them during the time of the Prophet (it is also possible that they could not be promulgated for some particular reason known only to God).Hence some orders were known while some remained secret.

The Holy Prophet entrusted these secret ordinances to his (divinely appointed) vicegerents. Later every "wasi " (vicegerent) communicated them to his successor, so that, according to the need of the hour and the spirit of the time, theymight be made public.

The Holy Prophet taught as much as he thought proper for the situation and as much as the companions could understand according to their intellect. The recipients of this teachingwere blessed according to their own capacity. It also happened that one companion received a positive order concerning a certain matter, and others heard a negative order in a matter resembling the former. The result was that the act was one but orders were (seemingly) two.

We must ask what the cause of this difference was. The reality of the situation was such that each matter was slightly different from the other: each had a particular distinguishing aspect. Those present who reported what happened at the scene, either did not pay attention to this or that peculiarity, or, if they didrecognise it, did not mention this or that particular aspect. Because of inaccurate description of the circumstances, traditions may appear to contradict each other, but inreality they each apply to different circumstances.

This inaccuracy caused difficulties inrecognising the exact meaning of an instruction given to us by the Prophet. Accordingly, the companions who had thehonour of close companionship with the Prophet supported "ijtihad ". That is theyrealised the necessity for a thorough investigation of the text of thehadith and the situation in which it occurred.

The different aspects of thehadith were probed , since the apparent meaning of the tradition is often different from the real aim of the codifier. It has been pointed out earlier, that thesedifference were largely due to faulty copying or shortcomings on the part of the reporters.

Those companions of the Holy Prophet (s.a.w .) who were just and trustworthy and who were also reporters of traditions sometimes reproduced the statement of the Prophet (s.a.w .) in exactly the same words in which they had heard it, while sometimes, in place of the text of the tradition, they would state the order or commandment which was inferred from the tradition in question.

In the firstinstance their position is that of a reporter or traditionalist, and in the second they have the position of learned scholars who declare their opinion about the meaning of thehadiths ; the latter are also called "mujtihids ".

All Muslims who do not have this ability and so therefore follow the opinion of themujtahid , are called "muqallid ". The act of acting on the verdicts of amujtahid is called "taqlid ".

After a thorough examination of this matter we find that during the time of the Holy Prophet (s.a.w .), the door ofijtihad was open and the companions of the Prophet (s.a.w .) themselves acted upon it; of course at that timeijtihad was not so strong as it is today, because the people could ask the Prophet (s.a.w .) directly about any matter they were not sure of.

As time passed, however, and relations between the Arabs and non-Arabs increased, there were difficulties in understanding the correct meanings of the Arabic language. The number of traditions and reports became larger.

Among them were very many doubtful and fabricated traditions. At thisstage it was not easy to test the validity of the religious orders.Accordingly "ijtihad " grew stronger and the modes of analysis ofhadith were refined: scholars began to distinguish between correct and the faulty statements. The principle of preferencewas put into practice after a thorough investigation of two conflictinghadiths . Among theImamiyah sect this blessing still exists.

We may observe, moreover, that all people are from one of two groups according to whether they have knowledge or not. Those without knowledge have to seek the help of the other group in all matters of which they are ignorant.Similarly in the religious world there are also two classes: the learnedmujtahid and the ignorantmuqallid .

As a matter of principle, the people of the second class should turn to the people of the first class in order to learn what they themselves do not know.Like all other Muslims theShi'a believe that all religious orders are based upon the "kitab " (Qur'an), and the "sunnah " (the sayings,practise or approval of the Prophet, and, inShi'ite Islam, the Imams). They add to these "aql " (intellectual reasoning) and "ijma " (consensus of opinion ).

TheImamiyah sect do not agree with others in the following matters. Firstly, theShi'as never act upon "qiyas " (arrival at decisions through analogy and reasoned supposition) because their Imams have on many occasions said that if supposition is allowed in religious matters the entire structure of religion will be dashed to the ground. We would have stated in detail the evils of such a method had not the aim of this book been merely to outline the fundamentals ofShi'a beliefs.

Secondly, if a tradition of the Holy Prophet (s.a.w .) comes through theAhlu 'l-bayt (a.s .) it is reliable, otherwise it is unacceptable. The unauthentic traditions, reported by persons like AbuHurayrah ,Samrah ibn Jundub ,Marwan ibn Hakam , 'Imran ibn Hattan al-Kharji and 'Amr ibn al-'As for example, have no value in our eyes. Even the Sunni 'ulama ' have strongly condemned these reporters, and have revealed the selfish or political motives for their reporting falsehadiths .

Thirdly, as we have seen, the door of "ijtihad " is still open and shall remain open forever. Among the majority community, however, the doors ofijtihad are locked . When and on what basis this practice startedcannot perhaps be adequately answered even by their 'ulama ' themselves.

Besides these three matters, all other differences pertain to the articles of practice.

One who, by reasoning and logic, gains the power of drawing conclusions and making inferencescan be said to have reached the rank of being able to doijtihad ; themujtahid however should possess certain other qualities if we are to accept what he says about the divine code to be followed. The most important quality is that hepossess a sense of "adalah '' (justice).

"Adalah '' means that quality of the inner spirit with which a man can abstain from carnal desires and can develop a command over the correct performance of compulsory acts. In other words it is the state of fear ofGod which always permeates the just man's mind. It is of several degrees, the highest being the degree of "ismah " (infallibility) which is a condition for the Imamate.

Besides this there are necessary or obvious matters (those matters which pertain to sure knowledge in which there is neither "taqlid " nor "ijtihad ", for instance the compulsion to "sawm " (fasting) and "salat " (prayers).

Similarly the fundamentals of religion are also beyond the sphere of "taqlid ", because they are matters for personal investigation on the part of every adult person: this search to determine for oneself the truth and reality of the fundamentals of Islam depends on the corresponding sagacity, understanding and cognition of each individual and cannot be left to the opinion of others. All other matters concerning the articles of practice come under the scope of "ijtihad " and "taqlid ".

indeed every action of man is encompassed by this code of religion.Hence to know the corresponding law for each action is very necessary. There are only two ways of arriving at this knowledge:taqlid orijtihad . Itshould be remembered that it is incumbent on each Muslim to make use of one of these two ways; if not, he will have to suffer punishment on the Day ofJudgement . We may describe a Muslim's actions in the following way:

a) Some actions are concerned with God and His servants. Theseare called "ibadat " (acts of service or slavery). Their correctness depends upon one's making the intention of coming closer to God. "Ibadat " may beeither physical, like "salat " (prayer), "sawm " (fasting) and "hajj" (making the pilgrimage toMakkah ), or financial like "khums " (a giving of one-fifth of certain commodities: e.g. booty of war, treasure-trove, wealth from mineraldesposits ), "zakat ", "kaffarat " (fines or penalties).

b) Some actions pertain to the individual and his relations with society. They are of two kinds: involving agreement between two persons (such as mutual transactions and marriage), and others involving the decision of just one party (for instance "talaq " (divorce) and "itq " (the setting free of a slave).

c) Some actions are purely individual and personal; for example, eating,drinking and the clothes one chooses to wear.

Fiqh (Jurisprudence)

Fiqh deals with all the orders andcommandments which govern the previously mentioned actions. The most important acts of 'ibadat are six in number: two are purely physical ("salat " and "sawm "), two are purely "financial" ("khums " and "zakat "), and two are common to each category ("hajj" and "jihad"). God, the Almighty, says:

"You should perform jihad with your wealth and yourselves." (jahidu biamwalikum wa anfusikum ). Finally, "kaffarat " (penalties) are special kinds of punishments for particular crimes.

1.Salat (prayer)

Like all other Muslims, theShi'as tooregard "salat " as one of the pillars of religion. This prayer is a means of bringing God's servant near to Him. If one does not perform the prayer, the relation between God and His servant is broken. That is why the traditions ofAhlu 'l-bayt (a.s .) say that not offering the prayer even once or twice is the distinguishing mark between infidelity and Islam.

According to the religiouscode "salat " has great importance. No other act of worship can bear comparison with it. TheImamiyah sect unanimously believe that anyone who does not perform "salat " is a great sinner: moreover he has no place in Islamic society. He is neither credible nor trustworthy- Oneis even permitted to criticize him behind his back. There are very strict orders about "salat "; five kinds of "salat " are compulsory;

1. The five daily prayers.

2. The "salatu 'l-jum'ah " (the Friday prayers)

3. "Salatu 'l-ayat " (on the occasion of a solar or lunar eclipse, an earthquake, or any frightening natural event).

4. "Salatu 'l-'idayn " (thesalat of 'idu 'l-fitr and 'idu'l-azhar ).

5. "Salatu Ka'bah ).

In addition, an adult person may make "salat " compulsory for himself by making a promise or taking an oath to perform a certain number of prayers or by accepting a reward for performing prayers under certain conditions.

Besides these, all other kinds ofsalat are "nawafil " (supererogatory prayers). The most important "nawafil " am those attached to the five daily prayers, which are twice the number of units of the compulsory prayers (that isthirty four units). The total number of units of both "nawafil " and compulsory prayers is thusfifty one .

Here we remember an interestingincident which Raghib al-Isfahani wrote about in his distinguished book "al-Muhadirat ". We learn that during the days of Ahmadibn 'Abdu 'l-'Aziz there was a man namedKanani in Isfahan. Ahmad was learning the correct way to do the prayers and the basicShi'a beliefs fromKawani .

one day Ahmad's mother happened to see them during a lesson and she said toKanani : "Oh master, you have made my son aRafidi ! (one of theRafidah - i.e. a particularly zealousShi'a ).Kanani immediatelyretorted: "Foolish woman! TheRafidah performfifty one units of prayer daily, and your son does not perform even one unit out of the fifty one. How can he be one of theRafidah ?"

The "nawafil " of the month of Ramadan are of great blessing and significance. Their number is one thousand. Our Sunni brothers also perform these prayers, but in congregation (jama'ah ), and they are known among them as "tarawih " from theShi'a point of view these prayers are not permissible in congregation (jama'ah ), because only the Friday prayer is a compulsory congregational prayer. For details one can refer to the tens of thousands books which contain elaborate and explicit descriptions of the correct way to perform the various compulsory or recommended prayers, and the numerous recitations and invocations which are especially associated with each prayer.

According to the religiouscode correct "salat " depends upon three things. Firstly, there are certainconditions which have be to be fulfilled before the actual performance of the prayers, although they are not included in thesalat itself; these conditions are so important thatsalat becomes absolutely void if they are not attended to.

They are six in number. (1) 'Taharah ' (one must be in state of ritual purity); (2) Time (each compulsory prayer, and mostofthe recommended prayers, are to be performed. "at a particular time); (3)Qiblah (that is one should facethe'Ka'bah ); (4) Covering (dress); (5) Intention (one must make the intention to perform the prayer according to that particular prayer); (6) Place (it must be lawfully occupied; and the place for prostration must be pure and clean).

Secondly, the constituent parts ofsalat are of two kinds: they are either consideredto be a fundamental part of the prayer and thus absolutely compulsory, or not. There are four compulsory actions. (1)Takbiratu 'lihram (that is the initial "allahu akbar "); (2)qiyam (standing to perform the prayer); (3)ruku ' (bending for ward) and finallysujud (prostration on the ground).

Likewise there are four conditions which are compulsory but do not make thesalat void if, for example, one unintentionally does not fulfill them: (1)qira'ah (the reading ofSurah al-Hamd and one other completesurah ); (2)dhikr ,tashahud and the finalsalam . One must beStill and in a state of remembrance throughout the prayer.Adhan andiqamah before the start of the prayer are both strongly desirable (indeed almost compulsory).

The following invalidate the prayer:anything which breaks one's state ofwudu ', turning one's back on theqiblah , and excessive movement. Any other action (which is not a fundamental part of the prayer) such as talking, laughing, weeping, looking to the right or left, eating or drinking invalidate the prayer if done intentionally.

To purify oneself, ready for any act of 'ibadat (such as prayer), one must make eitherwudu ' (the minor purification) orghusl (the major purification). In case of absence of water, or for some other reason like illness, unbearable cold, shortness of time, when it is not possible to do either of these two acts of purification, their substitute is "tayammum " (cf. the Qur'an which indicates this method of purification:fa tayammamu sa'idan tayyiban - so performtayammum on pure earth -Surah al-Ma'idah ).

The scholars of jurisprudence and the lexicographers give various meanings for the word "sa'id ". Some of them say it only means dust, and some say.that it means all kinds of pound (including sand, fragments of rocks, stones, and mineral substances). We have limited our ascription ofsalat to fundamentals:more detailed studies may be found in numerous other works.

2.Sawm (Fasting)

According to theShi'a faith,sawm (pluralsiyam ), fasting, is a pillar of the Islamic code. There are four kinds ofsiyam :wajib (compulsory),mustahabb (recommended),haram (forbidden) ormakruh (undesirable). The fasts made incumbent by theshari'ah (code of religion) are those of the Holy month of Ramadan.

Other fasts become incumbent for some specific reason, for instance "sawm kaffarah " (the penalty fast), "badal "(in lieu of sacrificing an animal), in lieu of someone else, "nadr " (as a vow, or oath).

The fasts of the months of Rajab and Sha'ban are desirable as well as other fasts too numerous to mention in this brief work. Fasting on the two 'id days and "ayyam at-tashiq " (the three days after hajj) is forbidden; to fast on the days of 'Ashurah and 'Arafat are undesirable (according to many the 'Ashurah day fast is strictly forbidden).

Details concerning the conditions and actual performance of a certain fast, as well as the courtesies (adab ) and recitations associated with each,may be found in the large number of books on this topic. TheShi'as are extremely particular about the Ramadan fasts: many of them would rather die of thirst or hunger than not undertake it.

3.Zakat (Taxation)

We may considersalat andsawm as two acts of worship ('ibadat ) whose immediate basis is physical rather than spiritual.Zakat is of an entirely different nature.According to theShi'as , aftersalat in rank comes "zakat " (taxation); indeed from some of the traditions of the Holy Imams (a.s .) it is understood that if somebody does not give "zakat " hissalat also is invalid Like all other Muslims theImamiyah consider "zakat " compulsory on nine things: Animals - camels, cows, goats; Grains - wheat, barley, dates, raisins; Money - gold, silver coins.

Besides these,zakat on other things, such as all kinds of merchandise,horses and crops is desirable. The precise conditions and regulationscan be found in the appropriate books of jurisprudence.

It is interesting to note that all the rules are in basic conformity with those of the "fiqh " of the four Sunni schools of thought,Hanafi ,Shafi'i ,Maliki andHanbali . Among those entitled to receivezakat are the poor and the needy, according to God the Almighty's command inSurah at-Tawbah :innama 's -sadiqatu li 'lfuqara 'wa 'l-masakin .

Zakatu 'l-fitrah (poor-tax on the day or 'idu 'l-fitr ) is compulsory for every adult and sane person who can financially support himself and his wife and children and other members of the household dependent on bun. Its quantity is one "sa '" (approximately 3 kilos) of wheat, barley, or dates on behalf of every individual.

The nature ofzakat is basically the same; whether from the point ofShi'a or Sunnifiqh .

4.Khums

"Khums " which is another kind of tax, is compulsory on five things: the booty taken from an enemy in war; the pearls and minerals drawn from the sea; hidden treasures mineral substances extracted from the land; and lawfully gained money which has been mixed with unlawful money, or profits gained from business, or land transferred to a "dhimmi " (a Christian or a Jew, living within the Muslim nation) from a Muslim.

The obligation of "khums " is based on the command of AlmightyGod : "Know that the one fifth of what you get as booty is the share of God, the Prophet (s.a.w .).the relations, the orphans, the beggars and the wayfarers" (Surah Anal). Moreover, we believe that "khums " is a right which God the Almighty particularly reserved for the descendants of Muhammad (s.a.w .).

Since charity is unlawful for the children of the Holy Prophet (s.a.w .) (theycan not receivezakat ), "khums " is a kind of compensation from the bounty of God the Almighty.

"Khums "is divided into six parts: three are for God, the Prophet (s.a.w .) and his kith and kin; and the other three parts must be paid to the holy Imam, when he is present. However, "khums " should be handed over to the representative of the Imam, that is the "justmujtahid ", when the former is in occultation, The Imam is to use these funds to protect the religion of Islam and to complete the development plans of the Muslim nations.

This is the real purpose for which it is tobe used ; it must be stressed thatSayyid MuhammadAlusi wrote in a rather flippant manner in his commentary on the Qur'an when he said: "In these days the money accumulated from "khums " should be placed in the cellar."

This, in fact, refers to a fictitious story current among certain of our Sunni brothers, which relates that theShi'as say that their Imam disappeared in a cellar; we need hardly point out that occultation of the Imam had not the slightest connection with the aforementioned cellar.

TheIthna Ashari Shi'as go to visit the cellar atSamarrah , because it was the place where the Holy Imam used to offer "tahajjud " (mustahab night prayers).Also that was the place where the father and the grandfather of the Holy Imam used to offer prayers to God, the Almighty.

The remaining three parts of "khums ", as we have said, are the right of the poor people of theHashimi family (that is the family of the Prophet).

Such were the commandments of "khums " which have been followed from the time of the Holy Prophet (s.a.w .) until now. After the death of the Holy Prophet (s.a.w .), the Muslim rulers suppressed this right to "khums " of the AlHashim (the progeny of the Prophet) and instead collected the money into thebaytu 'l-mal in order that they themse1ves could control its use. This family, who had no right to "zakat ", were now also deprived of "khums ".

It seems that ImamShafi'i himself, in his book entitled "Am", pointed out that the descendents of the Prophet (s.a.w .), for whom "khums " was set aside in place of charity, can neither be given anything out of the prescribed charities, nor may they take it, and if the giver of charity knowingly gives it to them he will have to forego his heavenly reward.

Moreover, headds: "if they have been deprived of the right of "khums " it does not mean that charity and other such things which are unlawful for them will become lawful." Indeed, since the people in power did away with this "right" altogether the books of jurisprudence of the majority community are quite silent upon this topic and notsurprisingly ImamShafi'i has omitted to mention this topic in his books on "fiqh ".

In allShi'a books of "fiqh ", "khums " has been given a special chapter just like "zakat ". (we must admit however that the learned scholar Hafiz Abu 'Ubayd al-Qasim ibn Salam (died 224 A.H.), in his great work "Kitab al-amwal ", dealt with all the problems of "khums ", including the ways in which it should be spent, in a special chapter. Most of the points he discussed are in perfect consonance withShi'a beliefs (vide pages 303-349).

5. Hajj

According to theShi'a faith, 'hajj' (the pilgrimage toMakkah ) is one of the pillars of Islam. One who abstains from performing this duty when he is able must die the death of a Jew or a Christian as a punishment for his failing. Anyone who refuses to obey this divine command has come close to the threshold of being a "kafir ". God refers to such a person inSural Al 'Imran : "wa mankafara fa inallaha ghani un 'an al 'alamin - anyone who commits "kufr " should know that God is independent of all the worlds."

Hajj is a kind of financial and physical "jihad". Indeed hajjshould be called the true jihad, and jihad should be called the true hajj. If we ponder over theirrelationship a little carefully this hidden meaning and basic harmony between the two will become quite apparent.

Hajj becomes obligatory for a Muslim under the following conditions: he should have reached the age of puberty and be sane of mind;moreover he should have sufficient financial means, be in good health and the route leading toMakkah should be open and safe for travel.Should these conditions be fulfilled , hajj becomes immediately "wajib " (compulsory), but once performed, a person need never go again in his lifetime. Hajj is of various kinds:

(1) "Hajjafrad ". The basis of this is the holy verse: "For the sake of God, hajj is compulsory for those who can reach there" (Al 'Imran : 97).

(2) "Hajj Qur'an". Itis mentioned in the verse: "Complete hajj and "umrah for the sake of God" (AlBaqarah : 196).

(3) "Hajjtamatu '". This hajjis mentioned in the following verse: "Whoever wishes to continue the 'umrah to hajj should offer the sacrifice which, he can afford" (AlBaqarah : 190).

Each of the above has been the subject of much research. The decisions of the 'ulama ' concerning the various conditions for each kind of hajjare recorded in the books of jurisprudence.

After going through a large number of books of the Sunni 'ulama ' we have come to the conclusion that in this matter most of their laws are similar to those of ours; of course, there are some differences to be found, but they are not many.

TheShi'as give great importance to hajj and are very particular about the performance of this obligation. Even during the days when they had to journey amongst people who were thirsting for their blood and enemies of theirhonour and respect, they were unmindful of all the dangers. So devoted were they, and so anxious to reachMakkah , that they arrived in hundreds of thousands to make the "tawwaf " of theKa'bah ("tawwaf " is the special circumambulation of the hajj).

Fears for their life and property did not lower their spirits. The feeling of the obligatory nature of this pillar of Islam continued to move their steps forward.Moreover they often performed hajj at enormous expense. It is regretful that, in spite of this obvious obedience to God's orders, it is still said that theShi'as seek the destruction of Islam!

6. Jihad

Jihad is the foundation stone of the magnificent building of Islam. In its absence the religion of God would neither have been the cause of mercy for the world, nor would it have proved a source of blessing tomankind.

For jihad means fighting against oppression and oppressors, and sacrificing one's life and wealth in the way of God.for the preservation of peace and tranquility.

In theShi'a religion it is of two kinds: "Jihad al-akbar " (the greater jihad) and "Jihad al-asghar " (the lesser jihad).

To face that internal enemy called the "nafs " (self), and to fight against its harmful qualities, such as ignorance, cowardice, oppression, tyranny,envy and pride, is the "jihad al-akbar ". It was the Prophet of God himself whodeclared: "your greatest enemy is the self and it is to be found right in your own body." Jihad al-asghar means subduing anyone who is opposed to justice and equity, peace and humanity, and religion and reality.

7.Amr Bi 'l-ma 'Ruf andNahy 'ani'l-munkar

(The enjoining of good and the prevention of evil)

This is one of the most important of the compulsory acts prescribed by religion and the basis of the Muslim's moral duties; moreover, it is the most effective means of demonstrating the truth and reality of Islam and is a successful weapon against infidelity and paganism.

Anynation which ignores this holy law is doomed to ruin; indeed it will become the haven of oppressors and cheats.

It is for this reason that the Prophet (s.a.w .), who taught the divine code of religion, and our infallible Imams (a.s .), who have preserved and protected it, have laid great stress on this matter; they have, on numerous occasions explained in detail the benefits accruing from its execution and have warned against the horrible consequences of neglecting it.

Today we are seeing with our own eyes the truth of these statements: we have totally abandoned the "enjoining of good and the prevention of evil". We can only pray that the situation does not become so degenerate that what isma'ruf comes tobe regarded asmunkar , and what ismunkar asma'aruf .

"Verily we are God's and verily to Him shall we return!" We pray to God to protect us from these who call to the enjoining of good deeds but themselves do not heed the call. God the Almighty curses the wickedscholar, and wicked preachers and guides!

Such prayers are called the "mother of prayers" (meaning the best prayers); we have been able to make only cursory references, but one can research further on this topic in numerous books written by 'ulama ' belonging to the period ranging from the first century A.H. till the present time. Countless fine works of research are still available despite the attempt in past centuries to destroy any trace of them.

8.Mu'amalat (Mutual Dealings)

In mutual dealings there must be two individuals or two parties (the one has something to offer and the other accepts). Proposal and acceptance is a necessary condition.

Mu'amalat are of two kinds: in the first the dealings are purely financial (for instance, buying and selling, contract and pledging, or loans and gifts), but in the second, property and wealth are only of secondary importance, and the real aim of the deal between the two parties is the management of domestic life, the numbers of the Muslims and the preservation of the human race: a contract of marriage often involves money, but this is not an essential part of it.