Muhaqqiq divided these into eleven Chapters. In IQ'AA pronouncing
a formula is necessary, but it does not have two sides. It is
Chapter One KITAB ALTALAQ
Dissolution of marriage It is either Absolute (Bain) or
Revocable (Raje'e). The revocable Talaq is that in which the husband
has the power of revocation during the IDDAT period, while in
the absolute, the husband has no power of revocation. This chapter
discusses all the laws in this connection. It also sets down all
the conditions for Talaq to be valid.
Chapter Two KITAB ALKHULA' & MUBARAAT
These are two other types of absolute divorce. Khula' is when
wife has a dislike for her husband and asks him to divorce her
in exchange of a sum, or all or part of her MAHR. In such a case,
when the husband agrees to divorce, he forfeits the power of revocation,
except when the wife agrees to take back the money or ransom she
Mubaraat is when dislike is mutual, and in this case also the
wife has to pay some ransom to the husband. However, the ransom
paid in the case of Mubaraat should not exceed the Mahr. This
divorce is also absolute.
Chapter Three KITAB ALDHIHAR
In the preIslamic era, when husband said to his wife "you
are on me like the back of my mother", it was construed as
Divorce. Islam has effected an important change. It does not recognise
DHIHAR as a form of divorce, but whoever does this ought to pay
KAFFARA before he can resume conjugal relations with his wife.
This kaffara is freeing a slave, and if that is not possible,
he svill fast for two consecutive months. And if that is not possible
also, then he should feed sixty poor.
Chapter Four KITAB ALEELA'
It is an oath by God, wherein the husband swears that he would
never have conjugal relation with his wife, or that he would not
have the relation for a period exceeding four months. In such
a case, when the wife complains to Hakime Shara', the husband
would be given a choice either to divorce her or to abrogate the
oath. Naturally, if the husband abrogates the oath, he will pay
the expiation (kaffara). In general, Islam forbids abrogating
the oaths, but in this case it recommends.
Chapter Five KITAB ALLIAN
This chapter deals with the slander or denial of a child. The
law of accusing someone without adequate proof etc. are also discussed.
Husband stands before Hakime Sharia and pronounces LIAN, saying
four times: "God is my witness, that I am truthful in my
accusation against my wife". Then he says: "May God
curse me if I were not speaking the truth". Thereafter, the
wife says four times: "God be my witness that my husband
has lied and accused me wrongly". Then she adds: "Curse
of God befall me if I was lying". When this process is complete,
the marriage is irrevocably dissolved.
Chapter Six KITAB ALITQ
It discusses about freeing the slaves. Islam does not encourage
slavery, that is why we do not find a chapter on 'alRiqq',
(enslaving); the only chapter is 'allTQ' (freeing, liberating).
The chapter outlines circumstances in which the slaves are voluntarily
or automatically liberated.
Chapter Seven KITAB ALTADBEER, MUKATIBAH &
This chapter deals with specific circumstances whicl1 lead to
freeing the slaves. AlTADBEER is when the master makes a
will stating that his slave will be free upon his death. MUKATIBAH
is when a slave wishes to enter into an agreement witl1 his master
that he be freed in exchange of some consideration. The Holy Quran
says that if the master finds the slave capable and righteous,
he should accede to the wishes of the slave, and also endow him
with some of his own wealth. ISTEELAD is an automatic process.
When a female slave, for example, becomes pregnant by her master,
such a female slave will revert to her offspring upon her husband's
(master's) death. And since she is the mother, and Islam does
not allow anyone to be a slave of his or her forebearers however
high, and descendants however low, the female slave will automatically
Chapter Eight IRITAB ALIQRAR
It deals with admission and is connected with the judiciary. When
a person makes a claim against someone and has no evidence or
witness to substantiate it, the claim is not admissible. But if
the debtor himself wishes to admit the debt, which is IQRAR, then
it is deemed adequate.
Chapter Nine KITAB ALJIALAH
It means offering a wage or reward. Apparently, it resembles the
act of hiring a worker or a labourer for a particular piece of
work against agreed amount. But in JIALAH, the employer does not
hire a particular person, he makes a public announcement stating
that whoever would do a certain job for him, he would pay him
a certain amount.
Chapter Ten KITAB ALAYMAN
AYMAN is plural of YAMEEN, which means an oath. In this chapter,
the sanctity of a religious oath, taken in the name of Allah,
is discussed. It describes the implication of taking an oath in
the name of Allah, the types of oath, perjury and the expiation
for one who breaks the oath.
Chapter Eleven KITAB ALNADHR
NADHR is a solemn vow, or pledge made in the name of Allah. It
explains the formula which one has to pronounce or at least to
have it in mind before NADHR is formally established, and the
occasions for NADHR. A Nadhr made for a MUBAH (ordinarily permissible)
thing, having no legitimate benefit here or hereafter, is not
valid. Both oath and NADHR are a covenant made witl1 Allah and
they must be honoured.