The Five Schools of Islamic Law: Al-Hanafi, al-Hanbali, al-Ja’fari, al-Maliki, al-Shafi’i

The Five Schools of Islamic Law: Al-Hanafi, al-Hanbali, al-Ja’fari, al-Maliki, al-Shafi’i Author: Muhammad Jawad Mughniyyah
Publisher: Ansariyan Publications – Qum
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Jurisprudence Science

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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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