Muhaqqiq Hilli has given the above name to this category, since
the topics which fall under it are neither acts of worship nor
contracts or unilateral pronouncements. He has divided this into
Chapter One KITAB ALSAYD AND ALDHABAHA
This chapter deals with hunting and slaughtering of those animals
whose meat we are allowed to eat. SAYD is hunting, DHABH is slaughtering.
An animal who has not been hunted as prescribed in Sharia, or
has not been slaughtered as guided by Islam, will be 'MAYTAH',
a corpse which is NAJIS, and HARAM to eat. This chapter also deals
with the hunting of wild animals by trained hunting dogs.
Chapter Two KITAB ALAT'IMAH AND ALASHRIBAH
This chapter deals with those things which we are allowed to eat
or drink, and those which are forbidden. A detailed treatment
is given to animal food, sea food, nonanimal food and so
on. It also explains and categorises those animals which are Halal
and those which are not. And even in the Halal animals, it tells
us of those parts of the body which are HARAM to consume. It also
gives rational treatment to those acts which may be ordinarily
permissible and harmless, but are harmful for a particular person
in a given circumstance.
Chapter Three KITAB ALGHASB
It means an illegal possession of property, or usurpation. As
is known, GHASB is Haram, but it must also be known that it involves
a liability. That means if a person usurps someone's property
and if that property is damaged or destroyed while still in his
illegal possession, he is liable for it, even if he did not directly
damage or destroy it, but was instrumental in causing the damage
Chapter Four KITAB ALSHUF'AH
Means the right of preemption. When a partner wishes to sell his
share, the remaining partner has a right of preemption for acquiring
the share by buying it at the price offered by others.
Chapter Five KITAB IHYA ALMAWAT
Mawat refers to the barren, uncultivated land. A land which has
been developed, either by building upon it or by cultivation is
called "AMIR" in FIQH. The Prophet (s.a.w) said: "Whoever
gives life to a barren, uncultivated land, that land belongs to
him". This has numerous ramifications, explained under the
Chapter Six KITAB ALLUQTAH
This refers to things which are picked up by chance, and the owner
is unknown. This can apply to animals and nonanimals. If
a stray animal is found which is not in anyway endangered, then
one should not take it into custody. But if it faces any danger,
then it can be possessed with the intention to return it to its
owner if found. If the owner is not found, then Hakime Shara'
has to authorise its use. This chapter also deals with nonliving
objects, found in the sacred precincts of Haram or outside, basing
the guidelines on the value of the object.
Chapter Seven KITAB ALFARAIDH
It is an elaborate chapter dealing with the laws of inheritance.
Heirs are divided in three categories:
(1) Parents, children, grandchildren (when the children are not
(2) Grandparents, brothers and sisters (and in their absence,
(3) Uncles, aunts (both paternal and maternal) and their children.
The above heirs are by NASAB (i.e. consanguinity). There are heirs
who inherit by SABAB (i.e. affinity) like husband and wife. This
chapter deals with various cases of succession in great detail.
The testator does not have the right to will for more that onethird
of his or her estate, nor does he or she have any right to fix
up the shares of his or her heirs. The estate devolves on the
heirs according to Shariah.
Chapter Eight KITAB ALQADHA
It is a chapter on judiciary, with elaborate sets of laws. There
are laws governing the appointment of judges, their rights, their
emoluments, and also about disqualifications. In FIQH, it is stipulated
that a Judge must be an acknowledged Mujtahid.
Chapter Nine KITAB ALSHAHADAH
About the witnesses, who constitute the evidence to substantiate
a claim. The onus of providing the evidence does not rest on the
defendent. The chapter also explains how, in certain cases, the
defendent may be called upon to take an oath.
Chapter Ten KITAB ALHUDOOD & TA'ZEERAT
Deals with punishment and retribution. These are of two types:
HUDOOD and TAZEERAT. HUDOOD are fixed punitive measures prescribed
for specified offences, like sodomy, false accusation of fornication,
drinking alcohol etc., stealing, belligerency and so on. TAZEERAT
are such retributive measures which may vary according to the
decision reached by the judge who may aggravate or mitigate the
Chapter Eleven KITAB ALQISAS
It is a chapter on requitals. An elaborate discussion is carried
out about the crimes committed advertantly or inadvertantly, and
in each case the extent of requital is prescribed. Then there
are laws of recompensing for those who are murdered or are inadvertantly
Chapter Twelve IlITAB ALDIYAT
It is a form of requital, but unlike QISAS, it is only monetary
compensation. Interestingly enough, a doctor's responsibility
towards human life, and a disciplinary action by a tutor have
a place under this chapter. A doctor must be qualified enough
to treat a patient. If he is not and if the patient dies during
the treatment, he is liable for compensation. In any case, a qualified
and efficient doctor must absolve himself of the liability beforehand.
Similarly, a tutor carrying out corporal punishment must be careful
not to cripple or kill the pupil. If he does, he is liable for
compensation. These are dealt with in some detail.