The Mukhtasar Al-Quduri: A Manual of Islamic Law According to the Hanafi School

THE MUKHTASAR AL-QUDURI
  • Book Title:
 The Mukhtasar Al Quduri
  • Book Author:
Abul Husayn Ahmad Ibn Muhammad
  • Total Pages
737
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THE MUKHTASAR AL-QUDURI – Book Sample

Contents of the book – The Mukhtasar al-Quduri

  • ṬAHĀRAH – PURIFICATION
  • Wuḍū’ – Minor Ritual Purification
  • The Obligations (Farā’iḍ) of Wuḍū’
  • The Sunnahs of Purification [sought in Wuḍū’]
  • Matters that are Recommended (Mustaḥabbāt) in Wuḍū’
  • That which Nullifies Wuḍū’
  • Ghusl – Major Ritual Purification
  • The Obligations of Ghusl
  • The Sunnahs of Ghusl
  • The Factors which make Ghusl Obligatory
  • When Ghusl is Sunnah
  • Water
  • Used Water
  • On Tanning
  • On Wells
  • Leftover Water
  • Tayammum – Dry Ablution
  • Stipulations for the Validity of Tayammum
  • The Method of Tayammum
  • That which Nullifies Tayammum
  • The Search for Water
  • Masḥ – Wiping Over Khuffs
  • Its Ruling
  • Method of Wiping
  • That which Nullifies Wiping
  • Issues Pertaining to the Duration of Wiping
  • That over which Wiping is not Valid
  • Ḥayḍ – Menses
  • The Duration of Menstruation
  • Colour
  • On its Legal Ruling
  • Istiḥāḍah – Chronic Menstrual Bleeding
  • On its Legal Ruling
  • Nifās – Postnatal Bleeding
  • Impurities and their Cleansing
  • Heavy and Light Filth
  • Visible and Invisible Filth
  • Istinjā’ – Cleansing the Excretory Passages
  • ṢALĀH – PRAYER
  • The Timings of Prayer
  • Recommended Times for Prayer
  • Adhān – The Call to Prayer and its Ruling
  • Preconditions of Prayer
  • The Properties of Prayer
  • Obligations (Farā’iḍ)
  • The Performance of Prayer
  • The First Rak‘ah or Unit
  • The Second Rak‘ah or Unit
  • Recitation
  • The Witr Prayer
  • Minimum Recitation
  • The Jamā‘ah or Congregation
  • Imāmah – Leading the Congregational Prayer
  • Congregation of Women
  • Sequence of Rows

The Mukhtasar al-Quduri

  • Other Issues Pertaining to Prayer
  • That which Nullifies Wuḍū’
  • Discharge (Qaḍā’) of Missed Prayers
  • Disapproved Times for Prayer
  • Nawāfil – Supererogatory Prayers
  • The Ruling of Recitation in Supererogatory Prayers
  • Prostrations for Error
  • The Prayer of the Sick
  • The Prostrations of Recitation
  • The Qur’ānic Verses (Āyahs) of Prostration
  • The Ruling on Prostration
  • The Prayer of the Traveller
  • Shortening (Qaṣr) the Prayer
  • Beginning the Shortening
  • The Jumu‘ah (Friday) Prayer
  • The Preconditions for the Validity of the Jumu‘ah Prayer
  • Its Preconditions
  • Those on whom the Jumu‘ah Prayer is not Obligatory
  • The Khuṭbah – Address
  • The Prayer of the Two ‘Īds
  • Recommended Acts of ‘Īd al-Fiṭr
  • The ‘Īd Prayer Procedure
  • Recommended Acts of ‘Īd al-Aḍḥā
  • The Takbīr at-Tashrīq
  • Prayer during the Solar Eclipse (Kusūf)
  • The Istisqā’ – Prayer for Rain
  • The (Night) Prayer During the Month of Ramadan
  • The Tarāwīḥ Prayer
  • The Prayer in the State of Fear
  • Funerals
  • Bathing the Corpse
  • The Shroud
  • The Funeral Prayer
  • Carrying the Bier
  • The Burial
  • The Stillborn
  • The Shahīd – Martyr
  • Prayer Inside the Ka‘bah
  • ZAKĀH – OBLIGATORY POOR-DUE
  • Obligations of Zakāh
  • Zakāh on Camels (Ibil)
  • Zakāh on Bovines (Baqar)
  • Zakāh on Sheep and Goats (Ghanam)
  • Zakāh on Horses (Khayl)
  • Zakāh on Property (Māl)
  • Zakāh on Silver (Fiḍḍah)
  • Zakāh on Gold (Dhahab)
  • Zakāh on Stock (‘Urūḍ)
  • Zakāh on Crops (Zurū‘) and Fruits (Thimār)
  • Those to whom it is Permitted to Pay Zakāh and those to whom it is not
  • Permitted
  • Those Entitled
  • Those Not Entitled
  • Ṣadaqat al-Fiṭr
  • The Amount of Fiṭrah

The Mukhtasar al-Quduri

  • ṢAWM – FASTING
  • Types of Fasting (Ṣawm)
  • Ramadan Moonsighting
  • The Meaning of Fasting
  • Miscellaneous Issues Pertaining to Fasting
  • ‘Īd al-Fiṭr Moonsighting
  • I‘tikāf – Seclusion
  • ḤAJJ – PILGRIMAGE
  • The Stipulations of Obligation
  • Mawāqīt – Geographic Limits
  • Iḥrām – the Ḥajj Costume
  • Talbiyah – the Ḥajj Chant
  • Prohibitions for the Muḥrim
  • Allowances for the Muḥrim
  • Ifrād
  • Ṭawāf al-Qudūm – Circumambulation upon Arrival
  • Sa‘y – Going Vigorously and Quickly Between Ṣafā and Marwah
  • Staying at ‘Arafah
  • Staying at Muzdalifah
  • Minā
  • Ṭawāf az-Ziyārah – Circumambulation of Visiting
  • Ramy – Casting Stones
  • Ṭawāf aṣ-Ṣadr – Farewell Circumambulation
  • Miscellaneous Issues Pertaining to Ḥajj
  • Qirān
  • Tamattu‘
  • Offences (Jināyāt) During Ḥajj
  • Conjugal Relations
  • Impurity
  • Shortcomings
  • Hunting
  • Iḥṣār – Confinement
  • Lost Rites
  • Offering (Hady)
  • BAY‘ – SALES
  • The Conditions of Sale
  • Khiyār ash-Sharṭ – Option Stipulated in the Contract
  • Khiyār ar-Ru’yah – Purchase Subject to Examination
  • Khiyār al-‘Ayb – Option to Rescind a Sale due to a Blemish
  • Bay‘ Fāsid – Invalid Transactions
  • Bay‘ Gharar – Uncertain Transactions
  • On Abhorrent Transactions
  • Iqālah – Negotiated Rescission of the Contract
  • Murābaḥah – Profit-based Sale – and Tawliyah – Profitless Sale
  • Ribā – Usury
  • Salam – Advance Payment
  • The Conditions for the Validity of Salam
  • Ṣarf – Currency Transactions/Exchange
  • RAHN – PAWNING
  • ḤAJR – LIMITATION ON SOMEONE’S LEGAL COMPETENCE
  • On Fools
  • Puberty
  • On Insolvents
  • IQRĀR – ACKNOWLEDGEMENT
  • Making an Exception to an Acknowledgement
  • Confession on Deathbed
  • IJĀRAH – HIRE/LEASE
  • Types of Hired Persons (Ujarā’)
  • The Employee [Held] in Common
  • The Private Hireling
  • That which Invalidates Ijārah
  • When Remuneration becomes Due
  • Differences between the Lessor and the Lessee
  • SHUF‘AH – PREEMPTION
  • Procedure of a Lawsuit
  • SHARIKAH – PARTNERSHIP
  • Sharikat al-Amlāk – Partnership in Owned Things
  • Sharikat al-‘Uqūd – Contractual Partnership
  • Sharikat al-Mufāwaḍah – Unlimited Partnership
  • Sharikat al-‘Inān – Limited Partnership
  • Sharikat aṣ-Ṣanā’i‘ – Partnership in Manufacture
  • Sharikat al-Wujūh – Partnership in Liabilities
  • Unsound Partnerships
  • MUḌĀRABAH – PROFIT-SHARING PARTNERSHIP
  • WAKĀLAH – AGENCY
  • That Which Invalidates Agency
  • KAFĀLAH – SURETY
  • Surety of Person
  • Surety of Property
  • ḤAWĀLAH – TRANSFER OF DEBT
  • ṢULḤ – NEGOTIATED SETTLEMENT
  • HIBAH – GIFTS
  • Retraction of a Gift
  • WAQF – ENDOWMENT
  • GHAṢB – USURPATION
  • WADĪ‘AH – DEPOSITS
  • ‘ĀRIYAH – LOAN (OF THE USE OF A COMMODITY)
  • LAQĪṬ – FOUNDLINGS
  • LUQṬAH – FOUND PROPERTY
  • KHUNTHĀ – HERMAPHRODITES
  • MAFQŪD – MISSING PERSONS
  • IBĀQ – FUGITIVE SLAVES
  • IḤYĀ AL-MAWĀT – REVIVIFYING BARREN LAND
  • MA’DHŪN – AUTHORISED SLAVES
  • MUZĀRA‘AH – CROPSHARING
  • MUSĀQĀH – CROPSHARING BY IRRIGATION
  • NIKĀḤ – MARRIAGE
  • Prohibited Categories of Women
  • Marriage to Non-Muslim Women
  • Virgins (Bikr) and Previously-Married Women who had Consummated
  • their Marriages (Thayyib)
  • Guardian (Walī)
  • Suitability (Kafā’ah)
  • Dowry (Mahr)
  • Miscellaneous Issues Pertaining to Marriage
  • RAḌĀ‘ – SUCKLING
  • ṬALĀQ – DIVORCE
  • Kinds of Divorce
  • Explicit Divorce
  • Implicit Divorce
  • Delegation (Tafwīḍ) of Divorce

The Mukhtasar al-Quduri

  • Retraction of Divorce (Raj‘ah)
  • On Legalisation of Remarriage (Ḥalālah)
  • ĪLĀ’ – VOWING TO ABSTAIN (FROM SEXUAL INTERCOURSE
  • WITH ONE’S WIFE)
  • KHUL‘ – DIVORCE AT THE INSTANCE OF THE WIFE
  • ẒIHĀR – INJURIOUS COMPARISON
  • The Wording of Injurious Comparison (Ẓihār)
  • The Expiation of Injurious Comparison (Ẓihār)
  • LI‘ĀN – IMPRECATION BY BOTH PARTIES
  • The Procedure of Imprecation by Both Parties
  • ‘IDDAH – WAITING PERIOD
  • On the Mourning of Widows
  • Proof of Lineage of the New-Born Child
  • NAFAQĀT – MAINTENANCE
  • Custody
  • ‘ITĀQ – SETTING FREE
  • TADBĪR – Setting Free a Slave on the Death of the Master
  • ISTĪLĀD – Bearing the Child of the Master
  • AL-MUKĀTAB – THE SLAVE WHO CONTRACTS TO PURCHASE
  • HIS FREEDOM
  • On the Umm al-Walad and Mudabbar being Mukātab
  • WALĀ’ – CLIENTAGE
  • JINĀYĀT – OFFENCES
  • Kinds of Homicide
  • Qiṣāṣ (Retaliation; lex talionis) for the Loss of Life
  • Qiṣāṣ for the Loss of Bodily Organs
  • DIYĀT – COMPENSATORY PAYMENTS FOR CRIMES
  • Organs of the Human Body of which there is only One
  • Organs of the Human Body that exist in Pairs
  • Organs of the Body, or other Essential Parts, of which there are More than
  • Two
  • Compensatory Payment for Wounds
  • Compensatory Payment for Amputation/Dismemberment
  • Compensatory Payment for Homicide and the Legally Responsible Group
  • (‘Āqilah)
  • Offences by Riding Animals
  • Offences by Slaves
  • Leaning Walls and Killing Slaves
  • Qasāmah – Compurgation by Oath
  • MA‘ĀQIL – PAYERS OF DIYĀT/THE LEGALLY RESPONSIBLE
  • GROUP
  • ḤUDŪD – PUNISHMENTS FOR CONTRAVENTION OF THE
  • LIMITS
  • Zinā – Unlawful Sexual Intercourse
  • Retraction by the Confessor and Witness
  • The Ḥadd Punishment for Consumption of Alcohol (Shurb)
  • Qadhf – Unsubstantiated Accusation of Unlawful Sexual Intercourse
  • Ta‘zīr – Discretionary Punishment
  • SARIQAH WA QUṬṬĀ‘ AṬ-ṬARĪQ – THEFT & HIGHWAY ROBBERS
  • On Well-Protected Places (Ḥirz)
  • On Amputation
  • On Highway Robbery
  • ASHRIBAH – [INTOXICATING] DRINKS
  • ṢAYD WA DHABĀ’IḤ – GAME & ANIMALS FOR SLAUGHTER
  • On Dhabḥ – Slaughtering
  • UḌḤIYAH – SACRIFICE
  • AYMĀN – OATHS
  • Expiation for the Breach of Oath
  • Swearing an Oath Not to Enter a House, etc.
  • Swearing an Oath Not to eat Food
  • Swearing an Oath on Time
  • DA‘WĀ – LAWSUITS
  • Oaths in Lawsuits
  • Miscellaneous Claims
  • SHAHĀDĀT – TESTIMONY
  • Acceptable and Unacceptable Witnesses
  • Conformity of Testimony
  • AR-RUJŪ‘ ‘AN ASH-SHAHĀDAH – RETRACTION OF TESTIMONY
  • ĀDĀB AL-QĀḌĪ – CONDUCT OF THE JUDGE
  • QISMAH – DIVISION
  • IKRĀH – COERCION
  • SIYAR – CAMPAIGNS
  • On Truce
  • Ghanā’im – Spoils
  • On Jizyah – The Capitation on Non-Muslims Living under Muslim
  • Governance (Dhimmīs)
  • On Apostates (Murtadds)
  • Rebels (Bāghīs)
  • ḤAẒR WA IBĀḤAH – PROHIBITION & PERMISSIBILITY
  • WAṢĀYĀ – BEQUESTS
  • FARĀ’IḌ – INHERITANCE
  • Eclipses in Inheritance
  • Residuaries (‘Aṣabāt)
  • Exclusion from Inheritance (Ḥajb)
  • The Issue of Mushtarakah
  • Redistribution of Residue (Radd)
  • Relations by the Women’s Side (Dhawū’l-Arḥām)
  • Calculation of Shares (Ḥisāb al-Farā’iḍ)
  • APPENDIX ON ZAKĀH
  • Table to Show Rates of Zakāh in Camels
  • Table to Show Rates of Zakāh in Bovines
  • Table to Show Rates of Zakāh in Ovines (Sheep and Goats)
  • GLOSSARY
  • BIBLIOGRAPHY
  • The Noble Qur’ān
  • Ḥadīth Compilations
  • Fiqh Books
  • Lexicons
  • Others

ḤAJJ – PILGRIMAGE – The Mukhtasar al-Quduri

The Stipulations of Obligation

Ḥajj is obligatory on free Muslims, who are adult, sane and healthy, when they are able to get provisions for the journey and a mount [for travel], over and above [the cost of their] residence and of what is unavoidably needed, and over and above maintenance expenses for their families until the time of their return, and [as long as] the route is safe.

It is required with respect to a woman that there is a maḥram ((A maḥram is a relative with whom marriage is prohibited)) or her husband to be with her, who perform the ḥajj with her. It is not permitted for her to perform the ḥajj without [one of] these two if the journey between her and Makkah is three days or more.

MAWĀQĪT – GEOGRAPHIC LIMITS – The Mukhtasar al-Quduri

The mawāqīt ((Mawāqīt is plural for mīqāt, meaning ‘an appointed time or place’. For the ḥajj or ‘umrah, it refers to specific places or limits outside Makkah which the person intending to perform ḥajj or ‘umrah is not to cross without entering into iḥrām.)) (limits) that a person is not to cross except as a muḥrim (someone who is in the state of iḥrām):

  • For the people of Madīnah, it is Dhu’l-Ḥulayfah,
  • For the people of Iraq, it is Dhāt ‘Irq,
  • For the people of Syria, it is al-Juḥfah,
  • For the people of Najd, it is Qarn, and
  • For the people of Yemen, it is Yalamlam. ((Pilgrims coming from areas further than those mentioned here use that mīqāt which falls in their path, like those coming from Jordan, Egypt, etc. use the mīqāt that those of Syria use, which in this case is al-Juḥfah.))

If someone adopts the state of iḥrām before these mawāqīt it is permissible. Whoever [resides] within the mawāqīt, then his mīqāt is [at] al-Ḥill. ((Al-Ḥill is the opposite of al-Ḥaram and is what is outside of the Ḥaram)) Whoever is at Makkah, then his mīqāt is the Ḥaram [itself] for the ḥajj, and it is al-Ḥill for the ‘umrah.

BAY‘ – SALES – The Mukhtasar al-Quduri

THE CONDITIONS OF SALE

Sale (bay‘) is concluded by making an offer and [its] acceptance when they are both [enacted] with words of the past tense. When one of the two contracting parties offers to sell, the other has a choice: if he wishes, he may accept within that session (majlis al-‘aqd) and if he wishes, he may reject it.(( Offer and acceptance are required to take place within the same session, before either of the contracting parties leaves that session. This may also include further meetings between the parties after the offer has been made and prior to the acceptance concluding the sale, or if he wants, he may refuse it.))

So, whichever of the two stands [and leaves] that session ((In such cases where the accepting party has been given a specific date upon which, or prior to which, it is required to enter into a formal agreement so that the sale may be concluded, the lapse of that date, or the express refusal prior to that date, renders the session terminated. Where no specific date has been mentioned, the express revocation of the offer by the party making the offer, or the lapse of reasonable time without acceptance, renders the offer revoked.)) before the acceptance [of the offer], the offer is void. Once the offer and acceptance have taken place, the sale has been enacted and neither of the two [parties] has any choice [of rescission] ((Once the sale has been entered into and both parties have agreed to its terms and conditions, the sale is irrevocable.)) except in [the case of] a defect or in [the case of] not having seen [the object of sale].(( If a previously undisclosed defect is found in the commodity, or the sale was made without having viewed the commodity and, upon seeing it, it does not appear to match the description made by the seller, then the purchaser has the right to revoke the sale.))

The considerations ((These are the price and the object of sale.)) that are indicated, knowing their quantity is not required in [the stipulations of] the permissibility of the sale.(( If the objects of sale are present then it is not a condition of the permissibility of the sale that the amount or quantity of those items be known, e.g. A, the seller, says to B, the purchaser, “I have sold this item X in my hand to you in exchange for the cash Y in your hand,” and he indicates both considerations – such a sale transaction is valid))

THE MUKHTASAR AL-QUDURI

Unspecified prices are not valid unless they are of known quantity and description. ((Both parties to the sale must know of the specific price and/or method of payment with respect to the item. An unspecified price would invalidate any sale, e.g. A, the seller, says to B, the purchaser, “I have sold this item X in my hand to you in exchange for whatever its price may be,” – this sale transaction is invalid.))

The sale is permitted with on-the-spot payment or deferred [payment, subject to] when the [period of] deferment is known. ((Immediate payment is the general case which is always the better method of concluding a sale. A deferred payment is, however, permitted when the period of deferment, or the exact date of payment, is known))

Whoever does not specify the price (thaman) in the sale, it is [determined] according to the predominant currency of the land. ((If the seller sells an item for ten dinars, it is presumed to be ten dinars of the land in which they are in. The reason for this passage in a classic text such as this is because, even when the only currencies known were gold and silver, different rulers minted coins of different weight and specifications, the metals having differing degrees of purity.

Those who say that it is enough to equate paper money and digital currency directly with gold and silver coins then go on to deduce that this approach may be transposed on to modern currencies. Thus they say that if A sells item X to B for ten pounds in the UK, it is presumed that the ten pounds are British pounds sterling. Similarly, if A sells item X to B saying, “I have sold this item X in my hand to you in exchange for ten,” it is assumed that it is in the currency in use in that land.)) If, however, there are different currencies [in the land], the sale is invalid, unless one of them is specified. ((If more than one form of currency is in use in that land, then the sale is invalid, unless one of the currencies is explicitly specified. See the previous note.))

THE MUKHTASAR AL-QUDURI

The sale of food and all [types of] seeds is permitted, by measurement or without measurement, with a specific pot, the volume of which is not known, or according to the weight of a specific rock the value of which is not known. ((This may take place when one purchases food according to the volume of a specific pot, or to the weight of a specific rock, which the seller commonly uses in order to measure the commodity, subject to the agreement or knowledge of the purchaser))

Whoever sells a pile of food, each qafīz. ((A dry volumetric measure equal to twelve ṣā‘s or 40.344 litres.)) for one dirham, the sale is permitted for one qafīz only, according to Abū Ḥanīfah, may Allah have mercy on him. It is invalid for the rest [of the qafīzs] unless he mentions all of its qafīzs.(( One may purchase a pile of food, or seeds, at the rate of one qafīz for one dirham. This is only permitted, from that pile, if he purchases only one qafīz. If he desires to purchase more than one qafīz, then he is to nominate each qafīz with that rate, for example, he is to say, “Five qafīzs for five dirhams,” or “Thirteen qafīzs for thirteen dirhams,” but he is not to say, “Thirteen qafīzs for one dirham each.”)) Abū Yūsuf and Muḥammad, may Allah have mercy on them, however, said that it is valid in either case.

IJĀRAH – HIRE/LEASE

Ijārah is a contract [based] on benefits [in return] for a consideration; it is not valid unless the benefits are known and the remuneration is [also] known. Whatever is valid as payment (thaman) in sale (bay‘) is [also] valid as remuneration in ijārah.

The benefits sometimes become known:

By duration, like letting houses for tenancy, or [leasing] lands for

1. cultivation. Thus, the contract is valid for a known duration, whatever

the duration;

They sometimes become known by the work and the appellation, like

2. someone who hires a man to dye fabric, or to sew fabric, or who hires a beast of burden to carry a known amount on it to a known location, or to ride on it [for] a known distance; and

They sometimes become known by specification and indication, like

3. someone who hires a man to deliver this [particular] food to a known location.

It is permitted to rent houses and shops for tenancy, even though someone does not express what he will do in them. He may do anything [in them] except smithery, (( This refers to all types of smithery, especially the occupation of the blacksmith.)) bleaching and milling.(( This refers to heavy duty milling which requires the use of animals or large amounts of water. With regards to hand-milling, it is acceptable.)), ((These three types of work are generally those that can possibly cause damage to the structure of the building. It is, therefore, necessary that when someone intends to carry on any such trades or work in a house or shop, he must mention that to the lessor))

THE MUKHTASAR AL-QUDURI

It is permitted to rent lands for cultivation, and the tenant (musta’jir) enjoys [the right of] irrigation and passage, even if he did not stipulate [it]. The contract is not valid until he specifies what he will cultivate in it,(( Some crops could prove harmful to the land or to adjacent land and crops, therefore it is important that the tenant mentions whatever he is to cultivate in it in order to avoid future disputes)) or he says that it is on [the condition] that he cultivate in it whatever he wants.(( Contrary to the preceding issue, the tenant may stipulate the condition that he is to cultivate whatever he wishes.))

It is permitted to lease a vacant field [in order] to build on it, or to plant date-palms or trees in it. When the period of the lease expires, it is binding upon [the tenant] to remove the buildings and the plants and to hand it over vacant [to the landlord], unless the landlord chooses to pay him the value of that, stripped,(( When the building and the trees have been stripped, the landlord may pay the tenant the value of the same in their current state and he takes ownership of them.)) and takes possession of it, or is content with leaving it in its [current] state, so the buildings will be for this [lessee/ tenant], and the land for this [lessor/landlord]. ((If the landlord is happy with the tenant leaving the trees and the buildings as they are and he does not charge or pay the tenant anything with regards to them, the landlord remains the owner of the land and the tenant remains the owner of the buildings or trees thereon))

It is permitted to hire animals for riding and for carriage. If one uses ‘riding’ unqualifiedly, it is permitted for him to mount whomsoever he wishes on it,(( If the lessee does not mention anyone specific to be mounted.)) and likewise, if he hires a garment to wear and he uses it unqualifiedly.

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