| The Risala |
| Abdullah ibn Abi Zayd al-Qayrawani |
| 847 |
| |
| PDF Direct Download Link |
| Click for Hard Copy from Amazon |
The Risala of Ibn Abi Zayd Al Qaywarani’s Manual of Islamic Law Translated by Aisha Bewley
THE RISALA OF IBN ABI ZAYD AL QAYWARANI’S MANUAL OF ISLAMIC LAW
Table of contents
| Introduction |
| IBN ABI’S ZAYD’S PROLOGUE |
| CHAPTER : CREEDS |
| Beliefs regarding Allah |
| Belief in the Qur’an |
| Belief in the Decree (Qadar) |
| Belief in the Messengers and Muhammad |
| Belief in the Resurrection and Judgement |
| The Afterlife: the Garden and the Fire |
| Details of the Resurrection |
| Belief |
| The Angels |
| Authorities |
| Chapter : What Necessitates Wudu’ and Ghusl |
| Wudu’ |
| Things Which Break wudu’ |
| Ghusl (Full Ablution) |
| Legal Consequences of vaginal penetration |
| Ghusl and menstruation |
| Lochia |
| Chapter : On the Purity of Water, Clothing and the Place of |
| Prayer and What Can Be Worn When Doing the Prayer |
| Purity of Water |
| Amount of Water Used |
| Purity of the Place and Clothing |
| Women’s Dress and Prostration |
| Chapter : On how to do wudu’ and what is fard and sunna in it |
| how to clean yourself after going to the lavatory with water |
| (Istinja’) or with stones and other things (Istijmar) |
| Istinja’ (Cleansing with water in the lavatory) |
| Istijmar (cleansing with stones) |
| Washing the hands before wudu’ |
| Sunnas and obligations of wudu’ |
| Obligatory elements of wudu’ |
| How to do wudu’ |
| b Where to place the water vessel |
| f Rinsing the mouth |
| The reward for performing wudu’ |
| Purpose of wudu’ |
| Chapter : Ghusl |
| Things which make ghusl obligatory |
| Ghusl with or without wudu’ |
| bWhat to do first |
| Description of wudu’ |
| d Pouring water on right side |
| Avoiding touching the penis: |
| Chapter : Tayammum and Its Description |
| When it is done |
| Finding water after doing tayammum |
| Frequency |
| How to do it |
| Judgements about someone in a major state of impurity |
| Further judgements about tayammum |
| Chapter : On Wiping Over Leather Socks |
| Its Judgement |
| Description |
| Chapter : On the times of the prayers and their names |
| Subh |
| Dhuhr |
| ‘Asr |
| Maghrib |
| ‘Isha’ |
| Daruri Times |
| Chapter : On the Adhan and the Iqama |
| The Adhan |
| The Iqama |
| Chapter On how to do the fard prayers and the sunna and |
| nafila prayers connected with them |
| The form of the prayer |
| Qunut |
| The final sitting, tashahhud and salam |
| dhikr after prayer |
| c Fajr |
| Dhuhr |
| ‘Asr |
| Maghrib |
| ‘Isha’ |
| Volume of Recitation |
| Women’s Prayer |
| The witr and nafila prayers at night |
| Entering the Mosque |
| Chapter : The Function of the Imam |
| The office of Imam |
| Late-comer making up missed prayer |
| Repeating The Prayer |
| Positions behind an Imam |
| The Imam’s Single Prayer |
| How to follow the Imam |
| Chapter : On Various Aspects of the Prayer |
| Clothing in the prayer |
| Prostration on account of a mistake |
| Constant Doubts |
| Missing a prayer |
| Invalidation of the prayer in certain cases |
| Joining Prayers |
| Prayer missed because of an impediment |
| Defects in wudu’ |
| The Prayer Of A Sick Person |
| The Prayer While Mounted |
| Nosebleeds |
| Purity After A Nosebleed |
| Chapter Thirteen: On the Sajdas of the Qur’an |
| Preconditions |
| Verses Where Prostration Is Made |
| There are eleven sajdas in the Qur’an, these being the places where you are |
| commanded to go into sujud None of these are in the Mufassal They are: |
| How The Prostration Is Done |
| When To Do Or Omit The Prostration |
| Chapter Fourteen: On Travelling Prayers |
| Travel Which Requires Shortening The Prayer |
| Leaving and arriving towards the end of the time of dhuhr and ‘asr |
| Arriving at the End of the Time of Maghrib and ‘Isha’ |
| Chapter Fifteen: On the Jumu’a (Friday) Prayer |
| It is Obligatory |
| The Sunna of the Adhan |
| Preconditions for Jumu’a |
| Preconditions for the khutba |
| The Obligation of Jumu’a |
| Other Points Related to Jumu’a |
| Chapter : On The Fear Prayer |
| Its Judgement |
| When it is done on a Journey |
| When it is done while Resident |
| b The Adhan and Iqama |
| Chapter : On the two ‘Id prayers and the takbirs on the days |
| of Mina |
| Its Judgement |
| How to do the prayer |
| On ‘Id al-Adha |
| Dhikr on the way to the prayer |
| Saying “Allahu akbar” on the Days of Mina |
| Preparing for the Prayer |
| Chapter : On the Eclipse Prayer |
| The Solar Eclipse |
| The Lunar Eclipse |
| The Khutba after the Prayer for the Solar Eclipse |
| Chapter : On the Rain Prayer |
| Its Judgement |
| Who Performs It |
| Its Time |
| How It Is Done |
| The Khutba |
| Changing The Cloak |
| Supplication |
| Chapter : On what to do when someone is at the point of |
| death and on washing the dead, shrouding them, embalming |
| them, carrying them and burying them |
| Attendance At Death |
| Washing The Body |
| Shrouding |
| Marytrs, Suicides and Executed Criminals |
| Bringing the Dead to the Grave |
| Monuments |
| Burying An Unbelieving Father |
| Niche in the Grave |
| Chapter : On the Funeral Prayer and the Supplication for the |
| Dead |
| The Pillars of the Funeral Prayer |
| How to do the Prayer |
| Reward for the Prayer and Attendance |
| The First Three Supplications |
| The Fourth Prayer |
| If the Dead Person is a Woman |
| Praying over Several at Once |
| Making Up A Missed Prayer |
| Chapter : On the Supplication done for a Dead Child, how |
| the funeral prayer is done for them and how they are washed |
| The First Three Prayers |
| The Fourth Intercession |
| Still-borns |
| Who should do the ghusl |
| Chapter : On Fasting |
| Its Ruling |
| Beginning the Fast |
| The Ruling On Breaking A Voluntary Fast |
| Things Which Break Or Do Not Break The Fast |
| Pregnant and Nursing Women |
| The Old |
| Feeding People (Fidya) |
| Children |
| Defilements |
| On Feast Days |
| Making Up The Fast |
| A Traveller |
| Kaffara |
| Unconsciousness |
| Other Prohibitions in the Fast |
| The Tarawih Prayer |
| Chapter : On I’tikaf |
| Its Ruling |
| Preconditions |
| Concerning the Mosque |
| Its Length |
| Breaking The Fast While In i’tikaf |
| Not Leaving The Mosque |
| What To Avoid In I’tikaf |
| Lack of Impediments |
| Leaving i’tikaf |
| Chapter Twenty-Five: On the zakat of money, crops, livestock |
| and what comes out of mines; jizya and what should be taken |
| from dhimmi merchants and merchants who come from the Dar |
| al-Harb |
| Its Ruling |
| Its Preconditions |
| The Time of the Obligation |
| On Farm Produce |
| On Money |
| On Merchandise |
| Debts |
| If one has claim to a debt |
| Minors and Slaves |
| Property For Personal Use |
| Mines |
| Jizya |
| Treasure-trove |
| Chapter : On the Zakat of Livestock |
| Its Judgement |
| On Camels |
| Zakat On Cattle |
| Zakat on Sheep and Goats |
| Computation of Zakat on Animals |
| The zakat of Joint Owners |
| Prohibited Forms of Payment |
| Chapter : On the Zakat al-Fitr |
| Its Ruling |
| Its Amount |
| Who pays the zakat of Children and Slaves |
| When it is paid |
| Other Things About ‘Id al-Fitr |
| Chapter : On Hajj and ‘Umra |
| The Obligation of the Hajj |
| Ihram |
| Entering Makka |
| The Tawaf |
| Sa’y at Safa and Marwa |
| At Mina |
| At ‘Arafat |
| At Muzdalifa |
| Back to Mina |
| Back to Makka |
| Back to Mina |
| Leaving Makka |
| ‘Umra |
| Cutting the hair |
| Requirements of Ihram |
| Ifrad Is Best |
| Tamattu’ |
| Qiran |
| Particulars on tamattu’ and qiran |
| Atonement for Hunting in ihram |
| Going Home |
| Chapter : On sacrifices, the slaughter of animals, ‘aqiqa |
| (animals sacrificed for the birth of a child), hunting, circumcision |
| and forbidden food and drinks |
| Animals for Feast Day and Hajj Sacrifices |
| Time of Sacrifice |
| Ritual of Sacrifice |
| Use of Animals for Various Types of Sacrifice |
| Slaughtering |
| Forbidden Foods and Animal By-products |
| Hunting |
| The ‘Aqiqa |
| Circumcision |
| Chapter : On Jihad |
| Its Meaning |
| How And When It Is Obligatory |
| Booty |
| Distribution of Shares |
| Forts (Ribat) |
| Raids |
| Chapter : On Oaths and Vows |
| The Form of an Oath |
| Kinds of Oaths |
| Kaffara |
| Vows |
| Oaths and vows to do wrong |
| Kaffara for various oaths and vows |
| An Oath to Walk to Makka |
| A Vow to Man the Frontier |
| Chapter : On marriage, divorce, remarriage, ‘Dhihar’- |
| repudiation, vows of celibacy within marriage, mutual cursing |
| (li’an), ‘Khul’-‘divorce, and suckling |
| Obligatory Elements for the Validity of Marriage |
| The Authority of the Guardian |
| Competition Between Suitors |
| Forbidden Types of Marriage |
| Forbidden Degrees |
| Intercourse with Non-Muslim Women |
| Number and Condition of Wives |
| A Man’s Duties Towards His Wives |
| Marriage by Proxy (tafwid) |
| Effects of Change of Religion |
| Various Impediments |
| Sickness |
| Divorce, ‘Dhihar’-repudiation, vows of celibacy within marriage |
| (ila’), mutual cursing (li’an), ‘Khul’-‘divorce, and suckling |
| Divorce |
| Khul’ Divorce |
| Formulas of Divorce |
| Rights of Divorced Women |
| Right of Widows in a Tafwid Marriage |
| Physical Grounds for Annulment |
| A Missing Husband |
| During the ‘Idda Period |
| Newly-wed |
| Forbidden Degrees Among Slavegirls |
| Divorce by a Slave, Minor or Wife |
| Ila’: The Oath of Abstinence |
| The Dhihar Divorce |
| The Li’an divorce |
| Khul’ |
| Divorce of Slaves |
| Kinship Established by Wet-nursing |
| Chapter : ‘Idda, Istibra’ and Maintenance |
| ‘Idda for Divorced Women |
| ‘Idda for Widows |
| Mourning |
| The ‘Idda for a Jewish or Christian Woman and Umm Walad |
| Istibra’ |
| Lodging and Maintenance of Divorced Wives |
| Confinement in ‘Idda |
| Nursing and Custody of Children |
| Recipients of Maintenance |
| Burial |
| Chapter : Sales |
| Exchange of Money |
| Exchanges Involving Foodstuffs |
| Selling Goods Not Yet In One’s Possession |
| Transactions Which Entail Risk |
| Selling Goods With Hidden Defects |
| Selling Merchandise On Trial, A Slave With A Guarantee Or A Slave Girl |
| In Seclusion |
| Responsibility in an Invalid Sale |
| Free Loans (salaf) |
| Surrendering Borrowed or Sold Property |
| Risky Things Which May Not Be Sold |
| Dogs |
| Muzâbana Exchange |
| Selling Absent Goods |
| Slaves Sold With An Indemnification |
| Sale with Advance Payment (salam) |
| Exchange of Debts |
| Sale Of Goods One Does Not Have |
| Reversal Of Sale On Time |
| Buying In Undetermined Amounts (juzâf) |
| Right To The Accessories Of Items Sold |
| Examining Items |
| Bidding |
| Hiring Services By Time, Piece-work And Renting |
| Partnership Of Labour And Capital |
| Investment Loans (qard) |
| Leasing An Orchard Or Plantation (musâqa) |
| A Farming Partnership |
| Liability For Damage To Crops Sold And Not Yet Claimed |
| Gift Of Fruit Which Can Be Dried (‘ariyya) |
| Chapter Bequests and Freeing Slaves |
| Bequests |
| Tadbir: An Undertaking To Free A Slave At The Master’s Death Or A |
| Certain Date |
| Kitâba: The Agreement To Free A Slave On Payment By Agreed |
| Instalments |
| Children And The Property Of Slaves |
| Freeing a group by kitaba |
| Restrictions On A mukatib |
| Children Of A Deceased mukatib |
| Umm Walads |
| Obstacle Of A Slave’s Debts |
| Freeing Part Of A Slave |
| Freeing Because Of Mutilation |
| Freeing Because Of Kinship |
| Freeing Which Is A Consequence |
| Freeing Because Of A Legal Obligation |
| Wala’ (Clientage) |
| Chapter : Property Rights |
| Pre-emption In Property (shuf’a) |
| Gifts (hiba), sadaqa, and hubus (waqf) |
| a Gifts and sadaqa |
| Gifts and sadaqa |
| Hubus (waqf) |
| Life Grants (‘umrâ) |
| More on Hubus |
| Pledges (rahn) |
| The ‘Ariyya (Loan for temporary use) |
| Deposits (wadî’a) |
| Found Property |
| Compensation For Consumption Of Another’s Property |
| Misappropriation (ghasb) |
| Chapter Judgements on Homicide and Hadd-Punishments |
| Conviction for homicide |
| Pardon |
| The Tariff for Blood Money (diya) |
| The Tariff For Other Than Muslim Men |
| Blood Money For Mutilation |
| Tariff For Lesser Wounds |
| Retaliation (Qisas) |
| The Clan’s Obligation In The Blood Money |
| Cases Where The Parties Are Unequal |
| Cases Of No Legal Liability (hadar) |
| When And By Whom Blood Money Is Paid |
| Ghurra Penalty For Causing A Miscarriage |
| Killing A Relative |
| Ghurra In The Case Causing A Slavegirl To Miscarry |
| Killing A Slave |
| Collective Murder |
| Atonement For Homicide |
| Crimes Against Islam |
| Aggravated Robbery (hirâba) |
| Illicit Sex (zina) By A Someone Who Is muhsan |
| The Punishment for Illicit Intercourse by a Non-muhsan |
| Conviction for Illicit Sex (zina) |
| Minors |
| Illicit Sex with Slavegirl |
| A Raped Woman’s Proof of Innocence |
| A Kitabi Rapist |
| Voiding Conviction Based on Confession |
| The one who carries out the hadd punishment on slaves |
| Homosexual Sodomy |
| Slander (qadhf) |
| Multiple Infractions |
| Drinking Wine |
| Administration of the hadd |
| Bestiality |
| The hadd for stealing |
| Voiding a Conviction Based on Admission |
| Return of Stolen Goods |
| Mitigating Factors |
| Intercession |
| Pickpocketing And Stealing Public Property |
| Chapter Judgements and Testimony |
| Court Procedure |
| Women’s Testimony |
| Rejecting a Witness Because of Character or Relationship |
| Testifying to the Character of a Witness |
| Testimony of Minors |
| Sale Disputes |
| Ownership Disputes |
| Retracted Testimony |
| The Statement of an Agent |
| The Statement of a Guardian (wali) |
| Amicable Settlements (sulh) |
| A Slavegirl Who Marries Claiming She Is Free |
| Establishing a Claim to a Slavegirl |
| Establishing a Claim to Land |
| Increment in Usurped Goods |
| Building Regulations |
| Water Supplies |
| Another Building Regulation |
| Damage Done by Animals |
| Guarantee of Debts |
| Transfer of Debts (Hawala) |
| More on the Guarantee of Debts and Bankruptcy |
| Apportionment of Jointly owned Property |
| Function of an Executor (wasi) |
| Squatter’s Rights |
| Bequests |
| Chapter : Shares of Inheritance |
| List of Heirs |
| Husband |
| Wife |
| Mother |
| Father |
| Son |
| Daughters |
| Son’s Daughters |
| Full and Consanguine Sisters |
| Uterine Brothers and Sisters |
| Full and Consanguine Brothers |
| Nephews |
| Exclusion of Heirs |
| Non-heirs |
| More Excluded Heirs |
| Impediment of Homicide |
| Effect of Exclusion |
| Inheritance by a Spouse Divorced or Married in the Final Illness |
| Grandmothers |
| Paternal Grandfather |
| The Patron (mawla) |
| Accommodation by Reduction (‘awl) |
| Chapter A General Chapter on the Legal Status of Various |
| Practices |
| Wudu’ |
| Ghusl |
| The Prayer |
| Other Prayers |
| Ghusl Before Entering Makka |
| Joining Prayers |
| Fasting and Prayer in a Journey |
| Supererogatory Prayers |
| The Funeral Prayer |
| Knowledge |
| Jihad and Forts |
| Fasting |
| Zakat |
| Hajj and ‘Umra |
| Group Prayer |
| Looking at Women |
| Immoral Speech |
| Taking a Muslim’s Life or Property |
| Sexual and Related Restrictions |
| Doing What is Good and Avoiding Doubtful Things |
| Injury to Property Rights |
| Forbidden Meat |
| Forbidden Drink |
| Other Forbidden Meat |
| Treatment of Parents |
| Treatment of Fellow Muslims |
| Things One Should Not Listen To |
| Qur’an recitation |
| Commanding The Correct |
| Right Intention |
| Repentance (Tawba) |
| Reflection |
| Chapter : The Natural Form (Fitra): Circumcision, Shaving |
| the Hair, Dress, Covering the Private parts and the Like |
| The Fitra (Natural Form) |
| Beards |
| Dying Hair |
| Clothing |
| Covering The Private Parts |
| Women Going Out And Music |
| Seeing Women |
| Hair Extensions and Tattoos |
| Putting On Footwear |
| Images |
| Chapter : Eating and Drinking |
| Invocation Before and Afterwards |
| Eating Manners |
| Washing the Hands |
| Going to a Wedding Feast |
| Chapter : Rulings Concerning Speech: |
| Greeting |
| Asking Permission To Enter and Visiting the Sick |
| Whispering to the Exclusion of a Person |
| Dhikr |
| Supplications |
| A Supplication before Going to Sleep |
| A Supplication When Going Out |
| A Supplication After The Prayer |
| A Supplication After Going to the Lavatory |
| Supplications Against Danger |
| b Another Supplication |
| Supplication on Entering a House |
| Disliked Activities in Mosques |
| Reciting the Qur’an |
| A Supplication for Beginning a Journey |
| A Supplication After Mounting an Animal |
| Trading Abroad |
| Women Travelling |
| Chapter : Medical treatment, charms, omens, stars, castration, |
| branding, dogs, and compassion to slaves |
| Charms and Medical Treatment |
| Portents |
| Curing the Effect of the Evil Eye |
| Stars |
| Dogs |
| Gelding Animals |
| Branding Animals |
| Kindness to Slaves |
| Chapter : Dreams, Yawning, Sneezing, Playing Backgammon |
| and other Games, Racing Horses, Shooting and the Like |
| Dreams |
| Yawning |
| Sneezing |
| Games and Betting |
| Killing Snakes and Other Creatures |
| Not Boasting About Ancestors |
| Dreams |
| Poetry |
| Religious Knowledge |
| Epilogue |
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