
This work on the Shariah or Islamic Law offers a comparative study of the Divine Law that, according to authentic Islamic doctrines, embodies the Will of God in society. In the Islamic world view, God is the ultimate legislator. The five major schools that are used in the comparison are: Hanafi, Hanbali, Shafii, Maliki and Jafari. The unity of the schools becomes apparent, but it is perhaps the differences that are of the greater interest because it shows how open the Law is to a variety of views. It is from this diversity of interpretations of the Law, interpretations which are based on the Quran and the Sunnah, that unity develops when each diverse group is willing to concede the possibility of the other's interpretation when it is based on the same two sources. Inheritance is one of the Economic Issues of the five schools. Other aspects of economic issues include prescribed poor-due (zakat), twenty percent tax (Khums), will and bequest (wasiyat) and inheritance (irs).
- The Five Schools of Islamic Law
- Preface
- Foreword
- Part 1: Ibadah
- 1. Taharah, Ritual Purity
- Al-Ma' al-Mutlaq (Pure Water)
- Al-Ma' al-Musta'mal (Used Water)
- Mixed Water (al-Ma' al-Mudaf)
- Al-Kurr and al-Qullatan
- 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
- The Objects of Wudhu’
- The Essentials of Wudhu’ (Fara'id al-Wudhu’)
- Conditions of Wudhu’
- Mustahabbat of Wudhu’
- Doubt Regarding Taharah and Hadath
- Ghusl
- Ghusl al-Janabah
- Acts Whose Validity Depends Upon Ghusl al-Janabah
- The Essentials of Ghusl al-Janabah
- Menstruation (al-Hayd)
- The Menstruating Age
- The Period of Menstruation
- 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
- 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
- Al-Tayammum
- 2. Salat, Ritual Prayer
- Salat
- The Qiblah
- The Rules of Modesty
- Wajib Covering During Salat
- The Place of Salat
- Adhan (Call for Prayer)
- The Essentials (Arkan) of Salat
- Error and Doubt During Salat
- The Friday Prayer
- The ‘Id Prayers
- The Prayer of the Eclipses
- Prayer For Rain
- Salat al-Qada’
- Salat al-Jama'ah
- Salat During Travel (Salat al-Musafir)
- The Invalidating Causes of Salat (Mubtilat)
- 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
- 4. Zakat and Khums
- 5. Hajj, The Pilgrimage
- The Hajj
- Al‑‘Umrah
- The Forms of Hajj
- The ‘Ihram
- Tawaf
- Sa'y
- Taqsir
- The Wuq’uf
- At Mina
- Jamrat al ‘Aqabah
- The Number of Jimar
- Jamrah of the Tenth of Dhu al‑Hijjah
- 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
- Between Makkah and Medina
- The Night at Mina
- The Dhu al-Hijjah Moon
- Ziyarah of the Greatest Prophet (S)
- History of al-Haramayn al-Sharifayn
- 1. Taharah, Ritual Purity
- Part 2: Personal Law
- 6. Marriage
- The Marriage Contract and its Conditions
- Capacity to Enter into a Marriage Contract
- Stipulation of Conditions by the Wife
- Claim of Marriage
- The Prohibited Degrees of Female Relations (al-Muharramat)
- Matrimonial Guardianship
- Al-Kafa'ah (Equality)
- Al-'Uyub (Defects)
- The Option to Include Conditions (Khayar al-Shari)
- Al- Mahr
- 1. Al-Mahr al-Musamma:
- 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
- Disagreement between the Spouses
- Dowry (al-Jihaz)
- Lineage (Al-Nasab)
- Artificial Insemination
- Custody (Al-Hidanah)
- The Right to Maintenance
- Determination of Maintenance
- Maintenance of Relatives
- 7. Divorce
- Divorce
- Al-Khul'
- Al-'Iddah
- Return To The Divorcee (Al-Raj’ah)
- The Acceptance of a Claim without Proof
- Court Divorce (Talaq Al-Qadi)
- Al-Zihar
- Al-Ila'
- 8. Wasaya, Will and Endowments
- 9. Inheritance
- Rules Concerning the Heritage
- Causes of Inheritance and Impediments
- Distribution of the Heritage
- Al-Ta'ib
- Al-'Awl
- Exclusion (al-Hujb)
- The Return (al-Radd)
- The Inheritance of a Fetus; Disowned and Illegitimate Children
- The Marriage and Divorce of an Ill-Person
- The Father's Share in Inheritance
- The Mother's Share in Inheritance
- The Inheritance of Children and Grandchildren
- The Inheritance of Brothers and Sisters
- The Maternal Grandfather
- Grandmothers
- 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
- Illustrations
- 10. Waqf
- 11. Hajr, Legal Disability
- 6. Marriage
- Bibliography