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RULES BY QUDURI
QUDURI is one of the most esteemed Text-Books of HANAFI-FIQH; I, MSD, have presented it here within lines; Muhammad Saleem Dada
visit also:
www.m-saleemdada.com/
------ Al-Hamdu Lillah
visit also:
www.m-saleemdada.com/
------ Al-Hamdu Lillah
Al-Hamdu Lillah - we have TOFIQ to study esteemed FIQH text book "QUDURI"
By blessing of Allah, I provide it as studied usually, in English, within lines here
I, MSD, read it to get FIQH & wrote on it; by Allah's grace, I have revised it fully
QUDURI is highly esteemed Text-Book of HF (HANAFI-FIQH); it's brief & simple
With brevity, it is comprehensive; it tells HF-rulings in issues without reasoning
This work was done by AHMED-IBNE-MUHAMMAD AL-BAGHDADI AL-QUDURI
He was born in 362 by HIJRAH & he gave the needed rulings of practical issues
QUDURI is studied & taught extensively, in the MADRASSAH for HANAFI-FIQH
IMAM Al-QUDURI was highly respected; he was counted among FAQIH of time
He led clean Islamic life and died in 428 by HIJRAH; Insha Allah, we will study it
Here, the abbreviations commonly used aren't elucidated, being readily known
Where readers find "Previous" or a related term, that refers to its previous line
Articles (a, an, the) are omitted where needed & where meaning is not affected
Today, some of rulings may seem superficial, but they also are notable to study
HF is HANAFI-FIQH; W.I.E.-"with immediate effect"; C.N.-"criminal negligence"
A.H. refers to ABU-HANIFA -A.Y. to ABU-YOUSUF- I.M. to IMAM-MUHAMMAD
SHAIKHAIN are A.H. & A.Y. together; SAHEBAIN applies to A.Y. & I.M. together
IMAM ZUFAR is by name in the text; at few places, the best ruling is mentioned
I have used "seems" (& statements in italic) for my comments keeping to Islam
Recognition of Muslims for an act as acceptable & not challenging Islam is 'URF
SADDE-ZARAE' means to check such means that might lead to extreme wrongs
HARAAM is "most prohibited"; better for readers to write words as they occur
QUDURI also gives idea to Psyche & History as HF is practiced law for centuries
It still affects lives of many who take its view in practice, for Islamic commands
Readers would find rulings to slaves omitted unless needed to see other issues
It may benefit more with text in front yet I have revised it fully for convenience
So even without any text, they would find this presentation useful, insha-Allah
I haven't been particular to write rulings in manner of law, yet as its decent aid
I, MSD, start this work here by the section of BAYE' (i.e. business transactions)
Readers would find detail of TAHARA; SALAAT; SIYAM; ZAKAAT; HAJJ; at its end
May Allah forgive my unintentional errors & give HIKMAT (wisdom) to Muslims
May He give all Muslims TOFIQ (space for Islamic practice) too; Al-Hamdu Lillah
BISM-ALLAH ------ BAYE' (SAHIH - BAATIL - FASID - MAUQUF)
Business is done 4 ways, SAHIH (right), BAATIL (void), FASID (void by condition)
Fourth manner is named as MAUQUF (which needs consent of the owner for it)
SAMAN (price) & MABI' (commodity), both must be well-specified in the SAHIH
SAMAN is that price which is agreed for the deal between the seller & the buyer
It takes place between them by asking specific MABI', by the mentioned SAMAN
To ask someone, to trade something he has with him by SAMAN, is named IJAB
The answer in favor is termed as QUBUL & the transaction is finalized b/w them
IJAB needs to be in terms of past or present, not in future-terms or as command
Now, general transactions are TA'ATI; commodities obvious, their prices obvious
In TA'ATI, IJAB (asking of a thing) & QUBUL (acceptance) is understood at stores
TAMLIK (Possession of MABI') is by 4 ways; one by BAYE'; second by HIBA (Gift)
3rd by IJARAH (Rent); 4th by AARIAT (taken for use); last 2 don't give ownership
Deal may be cancelled by buyer if he intends within its 3 days (KHIYAR-e-SHART)
It may be cancelled by buyer on view of MABI he had not seen (KHIYAR-e-RUYA)
It may be cancelled by buyer on some flaw he did not see before (KHIYAR-e-AIB)
KHIYAR-e-SHART is mentioned at deal; RUYA & AIB occur at all business dealings
Indication by gesture to SAMAN or to MABI' suffices to specify them in the deals
MABI' maybe transportable or not; in former, the use before its TAMLIK is invalid
so Buyer may not sell the article or give it HIBA or rent it or lent it before TAMLIK
Seller may benefit by SAMAN before TAMLIK of buyer except if SALAM (advance)
In SALAM, TASARRUF (willful use) at SAMAN is void before giving MABI's custody
If MABI' is lost, deal is FASKH (cancel); if SAMAN is lost, it's intact (has substitute)
Change of MAJLIS (sitting) or situation, cancels presentation (IJAB), if not availed
If term to pay SAMAN isn't specified in credit deal, it turns FASID yet 'URF values
Promise of MABI's TAMLIK by seller to buyer is void at cash-deals; it'd be on spot
If transaction most probably leads to quarrel then by ruling, deal would be FASID
SAMAN would refer to the commonly used currency, at given time & given place
In pulses & kind, sale by weight or by measure of specific vessel, on cash is valid
But the transaction would be void if vessel is specific (uncommon) if it's at credit
If at cash, MABI is cheaper than credit, transaction is still valid, by mutual assent
Commodities (MABI) are in three kinds; MAZRUAAT, MAUZUNAAT & MADUDAAT
MAZRUAAT are measured by units & includes the deals by specific vessel, at cash
MAUZUNAAT are weighed for transactions, while MADUDAAT are counted items
If both MABI & SAMAN are most clear, even if indicated by gestures, deal is valid
If seller points at wheat’s pile saying, “I sell this to you for amounts in your hand”
And buyer accepts such offer, this deal is fine; & it’s valid for all types mentioned
Notable here is that SAMAN is for ASL (actual item); it's not for its WASF (quality)
ASL is the physical item; WASF is its quality that maybe different in similar things
But with lack in WASF, it doesn’t give valid grounds to return it by KHIYAR-e-AIB
In deals, weight & measure relate to ASL and the count in things relates to WASF
Units of weighed & measured items are identical; but countable items are not so
So it’s well to sell measured & weighed items in bulk by same price for each unit
In things not identical (MADUDAAT), it is invalid to ask same price, for each unit
This happens in the counted things like goats, horses or the designed handicraft
If in Previous, MABI is specified in bulk, & SAMAN too specified, the deal is valid
MABI & SAMAN need to be mentioned clearly, even in units, if they differ highly
Whatever is taken in 'URF, within the purchase of article, it is included at its sale
In Previous, house purchased includes all rooms; it's named" ITTESALE-QARAR"
Crops or fruits at the sale of a land or a garden isn't included in the deal by 'URF
In Previous, seller has to specify that crops/fruits are in it, then it includes them
BUDU-SALAHA means fruit is safe from waste, even if it's not wholly formed yet
To A.H., fruits maybe sold at BUDU-SALAHA; & buyer shall pluck them instantly
If a garden is sold, fruits maybe sold to the same buyer, as separate transaction
Sale of fruits to buyer by condition of seller that he takes a quantity by it, is void
Sale of Wheat-Grains in cover is fine by HF; locks & keys to house are within sale
If technician is called to check MABI', his payment is due on seller before TAMLIK
But If he is asked to check SAMAN, payment is due on buyer of it, before TAMLIK
SAMAN is 3 things; Gold, Silver & Currency; other are only articles (MABI') to buy
Deals maybe MABI' in exchange to SAMAN; MABI' to MABI' & SAMAN to SAMAN
In all these, TAMLIK respectively of seller & buyer to SAMAN & MABI' is prompt
But KHIYAR-e-SHART (valid condition of seller) stops use by the buyer for 3 days
And KHIYAR-e-RUYA (accepting MABI' at view by buyer) is needed for him to use
KHIYAR-e-AIB bars more of its use if the buyer asks FASKH (cancel of deal) by AIB
Ruling in transactions is to get custody of MABI' W.I.E. & to pay SAMAN prompt
MABI’ is at seller's ownership, if he imposes condition; so buyer pays MP on loss
SAMAN is the agreed value b/w seller & buyer while QEEMAT is the Market-Price
During KHIYAR-period (3 days), assent to deal by buyer closes it; his KHIYAR ends
Assent of buyer in KHIYAR without seller's knowledge is valid but FASKH is invalid
Deal is fine without MABI's view but the buyer has the right to return it at its view
If it happens that seller sells it without its view, he does not have right to cancel it
KHIYAR-e-RUYA (right of MABI's view) of buyer ends at seeing of the good sample
Seeing yard concludes deal of house; this was fine when all houses were identical
Now, it seems RUYA doesn't end by view of yards, as the houses are not identical
Blind person may ask RUYA for making a deal; he'd study it by his sound faculties
BAYE-FUDHULI (when he sells other's MABI' at custody) is fine, if owner endorses
Buying 2 cloth-rolls by one’s view, validates returning them both at view of other
So one of them is not sample to the other as they are among the countable items
If MALUM (the known) & MAJHUL (unclear) are together, that is ruled as MAJHUL
When deal is to all, selection in countable items is void; either take all or leave all
KHIYAR-e-RUYA in countable MABI' is valid, if much of that wasn't seen at its deal
But acceptance of countable MABI' asks for either take all or leave all on seeing it
KHIYAR-e-AIB occurs if AIB was unknown at purchase & came to knowledge later
In right to AIB even if article is used, its return is valid getting all SAMAN in return
But the return of it needs seller's consent; if he rejects, it needs verdict of QADHI
Flaw in one countable item in 2 bought, invalidates the return of flawed one only
Previous asks that either buyer returns both & gets his SAMAN, or he keeps both
If AIB of MABI' is seen late & it took another AIB after it, its return becomes void
Seller may agree in Previous on request as good gesture, & pay the MP of MABI'
If buyer has used it & change can’t be undone, taking MP in return is only option
Seller is disallowed to take it back with change (increase) as that's RIBA (Interest)
Claim to MP of the foul food is disallowed if it is eaten; there is nothing to return
If buyer sells MABI' as 2nd seller, his KHIYAR to return it to his seller by AIB ends
The second seller can return to his seller, only if QADHI decides for him to accept
Previous applies if 2nd seller rejects its return from the 2nd buyer due to AIB in it
If seller asked buyer to see MABI' well, he is free of claims, as KHIYAR-e-AIB ends
BAYE' is 4 ways, SAHIH (right), BAATIL (void), FASID (void in condition), MAUQUF
MAUQUF is where someone sells MABI' of another in custody, by good intention
BAYE-SAHIH is that when MABI' is valid to sell, and it has no invalid condition in it
BAYE-BAATIL is when MABI' is futile thing, HARAAM (prohibited) or NAJAS (filthy)
BAYE-FASID is fine by MABI' but may have condition that makes transaction void
BAYE-MAUQUF (sale of other's MABI') is incomplete, as it is hung at owner's will
In SAHIH, buyer is owner to the MABI' immediately at deal even without custody
In BAATIL, buyer doesn't turn owner even with custody of MABI' as it's HARAAM
In BAYE-FASID, buyer gets ownership yet he has no TASARRUF to it (right to use)
In BAYE-MAUQUF, buyer doesn't own MABI' until owner agrees; then it's SAHIH
FASID would change to SAHIH if the invalid conditions in it are eliminated from it
Though FASID gives ownership to buyer by seller's consent, its use remains void
And it does need ending; it does ask for return of MABI' at MP but not at SAMAN
MABI' is Intended; SAMAN is object to get it; so the deal in Rice tells it's Intended
MABI' gets respect as intended; Wine and Swine never are MABI' being HARAAM
If MABI' is HARAAM or NAJAS (except dung-fertilizer), such transaction is BAATIL
If HARAAM or NAJAS is the SAMAN, in exchange for commodity, it is BAYE-FASID
So if buyer changes SAMAN to valid currency for valid MABI' it changes to SAHIH
So the end of invalid conditions in FASID proficiently, turns transaction to SAHIH
If seller is unable to give possession of MABI' with ease to buyer, it's BAYE-FASID
If some part of sold commodity, remains in seller’s ownership at deal, it is FASID
If article incurs deficiency by some of its sale as MABI', selling some of it is FASID
In Previous, if seller hands it all to buyer ending deficiency, BAYE becomes SAHIH
Dealings as MUZABINA & MUHAQILA are BAYE-FASID too that we'd study ahead
Deals in weighable commodities ask equality in weight, & shall be hand to hand
If condition occurs at BAYE' it raises 3 issues; BAYE' is right and condition is right
Or BAYE' is FASID & condition is FASID; or BAYE' is right but the condition FASID
In first, transaction is fine & exchange is fine; so buyer becomes owner to MABI'
In 2nd, condition conflicts to asking of transaction giving undue profits to a side
Example of Previous is that seller asks buyer to let him use MABI' for some time
In 3rd, condition conflicts to asking of deal and has no validity; it gives no profits
Example to Previous is condition asking buyer not to sell it; buyer has ownership
1st mentioned is BAYE' SAHIH, 2nd is FASID, & 3rd has no effect so deal is done
MABI' denotes its whole if question arises due to something very attached to it
In Previous, where animal is pregnant, it shall be sold with developing offspring
TA'AMUL with mutual assent, even if it provides much gains to one side, is valid
TA'AMUL is normal manner of deals, which doesn't challenge Islamic commands
SAMAN may be postponed to specified time if that time is clear for both of them
If payment-term is unclear, but SAMAN is paid or date specified, the deal is valid
If return of MABI' is hard at FASID by MP, it's FASKH (cancel), & asks for SAMAN
TASARRUF (Use) of MABI' in FASID is void; taking gain by its sale is void to buyer
In Previous, its 2nd buyer is rightful owner to it & may use it, as he purchases it
Selling a MABI' that's valid and other not so, as one transaction, is BAYE' BAATIL
If owned MABI' is sold, with AIN of other, but separately, former sells as SAHIH
In Previous, the latter would remain as FUDHULI (MAUQUF); AIN means article
BAYE' MAKRUH with flaw in it, makes both sinful; its practical effect is of SAHIH
In BAYE' MAKRUH, flaw lies out of the deal, while BAYE' FASID has flaw inside it
So bargain over bargain in progress & NAJASH (cheating in auction) is MAKRUH
Sale to specific whole-sellers for undue gains, before open market, is MAKRUH
QUDURI tells that BAYE' at JUM'A after ADHAN is MAKRUH, but it’s among sins
IQALA is FASKH of the concluded deal mutually, even by any unapparent cause
IQALA depends on MABI' so end of MABI' stops IQALA; end of SAMAN doesn't
Items weighable/measurable are MITHLIYAAT (have alternate) & currency too
If seller discloses the gains or cost price of a MABI', its transaction is still SAHIH
Cheating in Previous doesn't ask revision; buyer may return it taking his SAMAN
SHAIKHAIN disallow sale of movable articles before custody but allow it in fixed
I.M. invalidates it in both movable & immovable before custody & seems better
Commodity must be weighed/measured in presence (or with consent) of buyer
In SAMAN, buyer may pay more than MP; seller may provide more by free-will
Increment in MABI' included in MABI'; increment in SAMAN included in SAMAN
If seller allows buyer a specific time to pay, he must not ask it before; it is DAYN
DAYN refers to amount of debt that is payable by cash or kind, at specified time
So DAYN is paid by its MITHL (substitute); & maybe paid by the buyer before it
RIBA - SALAM – SARAF
RIBA is HARAM; it's surplus occurring without return, asked in deal by one side
At FASKH by IQALA (cancel of deal mutually), MABI' & SAMAN is same in return
Deal in things very similar (weighable/measurable), asks for immediate custody
BAYE'-SARAF is, when dealers have SAMAN at both sides; Currency to Currency
In BAYE'-SARAF, possession of both is prompt, same time & place, detail ahead
BAYE'-SALAM is paying due SAMAN for MABI' seller gives later at specified time
In SALAM, detail of MABI' is specified most clearly, without any vagueness to it
In countable things, WASF will not be specific so SALAM is void in all such items
By Previous, BAYE'-SALAM in animals is invalid by HF as they vary to each other
In SALAM, MABI' is tangible & available somewhere safe; seller has access to it
In SALAM, seller has to provide custody of MABI' to buyer at the specified time
MABI' by specific vessel (uncommon measure) is void, but fine in prompt deals
In SALAM, seller's TASARRUF (use) of SAMAN is void, before providing custody
In SALAM, buyer has to weigh or measure MABI' for himself, when it's available
In BAYE'-TA'ATI, he does not need such, even if MABI' is weighable/measurable
SALAM asks 7 issues as to MABI', Kind, Quality, Quantity, Period, Place, SAMAN
In it, either MABI' is taken on time or RAA'SUL-MAAL (SAMAN), at cancel of deal
SALAM is invalid in precious stones or pearls; they differ by WASF so deal is void
Where all 7 things of SALAM mentioned, are settled at transaction, it is valid in it
BAYE' of beneficial animals generally is fine; if it is of dead goat, it is futile & void
BAYE' of Silk-Worm or Honey-Bee is void, but fine if with silk or hive respectively
BAYE' with ZIMMI is fine but deals in swine & wine would remain between them
BAYE'-SARAF is where both sides exchange SAMAN and it relates to gold & silver
BAYE'-SARAF needs instant custody of same value by both sides, simultaneously
In BAYE'-SARAF, difference in exchanged items allows difference in quantity in it
It means Rupee-Necklace got by more of its Rs. is valid; more is to its other items
If BAYE' contains 2 aspects; by one it’s valid, by other invalid, the former is taken
So 100-Rupee-Necklace got for 120 when 100 paid prompt, is valid; 20 is in debt
If some amount is paid at custody of silver his ownership equals his amount only
If someone claims its part, buyer may return all to seller, or ask him claimed sum
In Previous, if seller gives claim-value to him, the claimant gets share in the silver
If MABI' claimed is of gold, both share that too if buyer gets claim-value by seller
If a thing consists of silver more than other material, it’d be taken whole of silver
If Previous is not the case, it’d be taken as common material, with touch of silver
If exchange of countable 20 Items with silver's touch is with 10 of same, it's valid
SAMAN if not actual currency but other, it has to be specific by quality & quantity
Giving FULUS (mixed-silver) by weight to countable silver by mutual assent is fine
Where items differ in nature even if both are currency, they may vary in quantity
Example is where payment of Rs. 550 is for $ 6 & Rs. 450 for Rs. 450; this is valid
But, if its break-up is 500 for $ 6 & 500 for Rs. 450, it makes the transaction void
RAHAN - HAJR – IQRAR
RAHAN is to give an owned item in custody of MURTAHIN for debt taken from him
RAHAN is the mortgaged item; RAHIN is its owner & debtor; MURTAHIN is creditor
RAHAN is that item which has ownership of RAHIN, without any other's share in it
A house with his belongings inside or its ownership is mutual is not valid as RAHAN
It also has to be separate as fruits on trees, shall not become RAHAN without trees
RAHAN contract concludes as MURTAHIN gets RAHAN’s custody, free & separated
DAYN is debt RAHIN gets by MURTAHIN; it ends by his payment, or if it's write-off
RAHAN may ask ZAMAN on loss by MURTAHIN; ZAMAN is lesser of its MP & DAYN
If ZAMAN (fines) is lesser than debt, then balance is payable by him to MURTAHIN
If ZAMAN is more than it, MURTAHIN doesn't pay its balance though his debt ends
Loss in AMANAT (given in custody as trust) doesn't ask its ZAMAN (fines to losses)
Loss in Items at AARIAT (temporary use) don’t ask ZAMAN; they too are AMANAT
At MUZARIBAT (one's finance, other's service), amounts to latter too are AMANAT
But when it’s clear that the loss in AMANAT is due to C.N., then it asks for ZAMAN
RAHAN may be given to 3rd person in MURTAHIN's debt by mutual consent of all
If 3rd person loses RAHAN with C.N., MURTAHIN shall pay ZAMAN for it to RAHIN
If MURTAHIN receives void currency for his debt but spends, his debt is off (A.H.)
SAHEBAIN disagree to Previous & ask for its return anyhow & take valid currency
MURTAHIN has right to RAHAN, until he receives all of his due amounts by RAHIN
So if he receives his debt partially he may not return it partially even if it's possible
If AQD (contract) of RAHAN asks WAKIL, he is not deposed even at RAHIN’s death
WAKIL (lawyer; his representative) may sell RAHAN to pay duly if he fails to pay it
If RAHIN sells RAHAN & MURTAHIN gets due amount, he would release it to buyer
If he sells it without MURTAHIN's knowledge, it's then MAUQUF at his assent to it
RAHAN if cattle, its offspring & milk is of RAHIN; but HF counts that as RAHAN too
Loss of its offspring asks no ZAMAN on MURTAHIN as it was RAHAN too by RAHIN
But payment becomes due on RAHIN to get his cattle's offspring if the cattle is lost
As offspring is of RAHIN, better is, he has custody, if capable to survive on its own
By custody of offspring able to live independently with RAHIN, its loss is upon him
Raise in RAHAN is fine, for same DAYN (debt); but in DAYN, void for same RAHAN
In a deal, single article is valid as RAHAN to two, for joint debts they give to RAHIN
For Previous, at loss of RAHAN, ZAMAN occurs by ratio of debts, they gave to him
MURTAHIN doesn't pay value of lost RAHAN; ZAMAN is lesser of its MP and DAYN
As debt of one is paid, other takes custody of RAHAN, until his dues are fully paid
If seller on credit asks specific item as RAHAN, its provision is not binding to buyer
For Previous, buyer may give any RAHAN or cancel the deal; seller too may cancel
MURTAHIN can't give RAHAN to others, though he may keep it with his near-ones
If it is lost by others, ZAMAN is payable on him as it's his C.N.; he would pay for it
Designation of RAHAN is AMANAT, but it asks for ZAMAN on criminal negligence
HAJR or HIJR means "Prohibition"; its causes are 3; Childhood, Slavery & Lunacy
It tells that their condition prohibits to hold them responsible on the statements
It also tells that they are prohibited to make business transactions or other deals
Words of child & lunatic are not blamable; the detrimental deeds ask reparation
So WALI would compensate for their deeds that cause losses to someone's asset
Lunacy affects the lunatic (who is fully afflicted) & other who gains senses in b/w
So deals of former are invalid & of latter (MA'TUH), are valid by consent of WALI
Their beneficial business deals are fine even without consent of WALI (Guardian)
But such deals which have adversity to them are invalid even by consent of WALI
HAJR is to words they utter but not to physical harm or loss to assets they cause
So will of any of them is void, but WALI would pay for loss they cause to anyone
So In Previous, ZAMAN (Fines) occurs on physical harm or losses that they cause
If some foolish person loses money generally, he is not counted among MA'TUH
Child retarded even as an adult isn’t liable to get his wealth due to his condition
In Previous, as he gets to 25 years, WALI has anyhow to give his amounts to him
SAHEBAIN disagree to Previous and ask WALI for continuous care of his amounts
MEHR to bride by MA'TUH person is MEHR-MITHL; excess MEHR is not applicable
MEHR-MITH is MEHR that the women of his paternal family get, at their marriage
WALI as caretaker of MA'TUH, shall give amounts of his ZAKAAT, into his custody
For HAJJ, WALI must give amount to one accompanying him & not directly to him
Adulthood of the male is INZAL (emission) or age 18; of the female, menses or 17
Previous is told by A.H.; SAHEBAIN take 15 years for both & HF accepts this ruling
Information for adulthood is valid of girl who is near to it (MURAHIQA) for herself
Likewise, information for adulthood is valid of boy who is near to that, for himself
QADHI mustn’t forfeit debtor's assets to pay creditors save cash; he may be jailed
Putting him into jail needs scrutiny; he will sell his assets to pay them (SAHEBAIN)
Such debtor wouldn't deal assets by credit but by cash at MP only to pay creditors
Debtor is to pay creditors by ratio of the credit on him by amount received by him
If QADHI puts ban on his deals, QADHI shall see to subsistence of his close family
Debtor with assets would be pursued to pay his debts, or MEHR asked by his wife
In ARSH (punishment) of damaging anyone’s limb, he shall not be pursued to pay
Creditors shall give space to the poor in their debtors, caring for their sustenance
IQRAR is information by a person, about the right of another person, due on him
Who informs is MUQIR; to whom due, is MUQAR-LAHU; the right, MUQAR-BEHI
MUQAR-BEHI maybe unknown but MUQIR has 3 conditions for validity in words
MUQIR must be free person, adult, sane; IQRAR mostly are words, at death-bed
IQRAR is not void if he tells valueless right; he'd be asked again & again, for dues
Giving witnesses is upon claimant (MUDDA'I), oath is upon defendant (MUNKIR)
If former doesn't provide witnesses, latter takes oath against his claim upon him
If MUQAR-LAHU asks for more than told by MUQIR, he’d be the claimant in issue
Words affect ruling; if MUQIR accepts valuable right of a person, it's up-to NISAB
If MUQIR states it as "much", it makes lesser than 'URF about "much" null & void
Other terms of MUQIR too that put right of someone on him, relate to 'URF there
These terms of MUQIR might indicate rights on him as DAYN or AMANAT by 'URF
So IQRAR by MUQIR needs care to common usage of his language, by 'URF there
If MUQIR says insha-Allah (by the will of Allah) in his IQRAR then it becomes void
If MUQIR accepts a transferable thing with an attachment, that shall be included
So If he says he has to pay cloth in handkerchief, he means cloth & handkerchief
But if he says he has to pay horse in stable, his IQRAR is to horse, & not to stable
If MUQIR accepts divisible thing as 5 clothes by 5, it's 5 clothes, each with 5 parts
If words of MUQIR confuse due to prepositions in it, he’d be asked detail of them
By assets of deceased, burial-expenses, loans, will to 3rd part (of balance) is paid
His loans that he accepted near to death are last in priorities yet ask for payment
As will of near-death person for heir is void, his IQRAR too for any of heirs is void
But if MUQIR near to death has stated right for heir that all heirs accept, it's valid
If he indicates someone as his son, it’s valid if he looks as such by age & manners
Conditions to Previous include that his father is unknown & he accepts the IQRAR
IQRAR of woman about a man as her son is void as it affects her husband directly
It's valid If her husband verifies her, or if an old woman conforms his birth to her
IQRAR of person near to death for any as brother or uncle is unacceptable as rule
If the only heir accepts a person as brother, he too becomes heir to the deceased
But the notable thing is that though he's taken as heir, it doesn't prove his lineage
IJARAH - SHUFA'
Custody occurs by 4 ways; something received by BAI' (transaction); HIBA (Gifts)
Or it's got by contract of IJARAH (wages; rent) or it is got as AARIAT (just for use)
The former 2 provide ownership too to the custodian; the latter 2 don't provide it
In IJARAH, MUSTAJIR asks benefits; he is the employer who asks services by AJIR
So MUSTAJIR pays wages & salaries in IJARAH; person who receives them, is AJIR
Notable here is that MUSTAJIR also means that person, who takes a place on rent
IJARAH gives benefits to MUSTAJIR by time; BAYE' in contrast, asks tangible gains
Whatever may be SAMAN in BAYE', it is valid as wages or rent in IJARAH-contract
Benefits to MUSTAJIR as employer, or as lessee, needs to be clear in the contract
For animal (or vehicle) to take load to a specific place, wages need to be specified
Indication to the animal (or vehicle) & to load is enough for ruling of specification
As for rent in IJARAH, giving a house without detail to use is valid, as it is to reside
Giving shop on rent asks clarity in contract that its use shall not affect it adversely
Giving agricultural land on rent needs the mention of specific crops to grow there
In Previous, the agricultural land shall not put any adversity to anyone, by its use
Giving anything on rent needs clarity of its period but owner may allow extension
In Previous, MUSTAJIR shall see that use is not long-term so owner gets it on time
Addition to land on rent by MUSTAJIR permits owner to pay for it, or ask removal
If it does not affect the land by removal, it's to MUSTAJIR to sell it, or to remove it
The rented place is AMANAT to MUSTAJIR; he's liable to loss only if due to his C.N.
IJARAH is FASID if deal has condition that MUSTAJIR would pay damages to place
C.N. includes that MUSTAJIR sublets area in the place to any, if the deal negates it
If usage at sublet area, damages the place at rent, MUSTAJIR is liable to pay for it
If contract allows him to sublet an area, MUSTAJIR isn't liable to damages by that
As for services in IJARAH, it refers to any work, that MUSTAJIR asks by employee
If 2 mount on an animal without permission & afflict it, ZAMAN is half of its value
If it dies on way with load or weight disallowed, MUSTAJIR shall pay its full value
As for laborer (AJEER), his service maybe to many or maybe specific to someone
Example to former is one who dyes clothes; whereas latter is employed at salary
If former damages cloth given to him, without C.N., he isn't liable as it's AMANAT
Latter also doesn't pay ZAMAN at damages; all IJARAH is free of it, except by C.N.
If healer draws blood from someone normally & afflicts him by it, he is not liable
If owner allows animal/vehicle as carrier, MUSTAJIR pays deficit; foods or petrol
MUSTAJIR shall pay for IJARAH at term's end for gains that he got by its contract
If deal asks early payment for it or MUSTAJIR pays it early, he can’t ask its return
If benefit is divisible by time, owner may ask amount daily, if its term unspecific
So owner may ask UJRAH (amount he gets) for carrier at short spaces in a travel
If UJRAH is based at task’s end by 'URF (as tailor’s work), it asks payment at end
In IJARAH, raise in wages by design is valid; stitching that, may ask higher wages
Raise in UJRAH by day is fine (SAHEBAIN); task of 2 days done sooner asks more
To A.H., tailor shall give it on time; given early, it asks the same UJRAH as normal
To ZUFAR, deal with conditions as of urgent work is void outright, & inapplicable
Note that contract on salary has time-factor as issue & on wages', it's the service
So if both factors, time & service, are issues together, the contract becomes void
SAHEBAIN don't take presence of both here as tailor is free in time to give works
IJARAH asks intangible benefits by time & expires by time; & BAYE' asks tangible
It occurs due to contract as its MANAFE' (benefits) to MUSTAJIR, are intangibles
In Previous, amounts are taken due to AQD (contract) & not because of articles
If house is at rent for a month, 2nd month's rent isn’t due if he lives on by force
MUSTAJIR at Previous is sinful; as he'd see at HASHR, yet not liable to its UJRAH
If rent to ATTAR (perfume-seller) is 1 DIRHAM, & to blacksmith it's 2, deal is fine
In Previous, SAHEBAIN disagree, as MUSTAJIR does not get some extra benefits
If rent-period isn’t told, it's as 'URF tells about it; contract may go-on by renewal
QUDURI invalidates UJRAH on IMAMAT; HF currently allows it, yet it seems void
UJRAH of singing at now by profession, & crying for dead as in past, is HARAAM
SAHEBAIN rule more UJRAH by work; design or lesser time asks more of UJRAH
UJRAH to woman employed to feed infant is valid; she may have foods/clothing
Employer shall not stop her to meet her husband but may dismiss her by reason
It's proper if he dismisses her if she gets pregnant; it distracts attention to infant
If owner doesn't pay for additions MUSTAJIR made, he may stop return of place
If he hasn't spent any of his cash on owner's asset, he must not keep it with him
If a man asks tailor to serve himself (not by boys at sewing), he needs to comply
If employer & employee vary on manner of task, latter becomes claimant in that
Ruling asks the claimant to provide witnesses; the defendant would take an oath
If IJARAH is FASID, lesser UJRAH (b/w known & employee's claim), shall be paid
If place taken at rent has issue that was latent, & affects work, he shall cancel it
In Previous, MUSTAJIR will not pay owner's amount due, at cancellation of deal
If owner of place turns bankrupt, QADHI shall ask to pay his liabilities by its sale
If MUSTAJIR (employer/lessee) or employee/owner dies, the IJARAH terminates
It's not right to take books on rent; & not right to keep initial pay if deal is FASKH
Employee shall not be paid by some flour he converted by wheat; it's null & void
Notable is that if AJEER's work results in product, he's not paid by same in UJRAH
UJRAH of loader too isn't payable by load he takes but where stated beforehand
SHUFA' is right of neighbors; they have preference to buy house on sale, nearby
That also is nearby to it that has main door in common closed way in line to that
The partner in ownership of the house & JAAR (neighbor), both have preference
So if a person sells place in partnership, the partner has preference in its SHUFA'
SHUFA' occurs for JAAR too but there is some detail in SHUFA' here, to be noted
3 things relate to SHUFA'; One is MUWASIBAT (his claim if the owner has sold it)
Second is TAQRIR (giving 2 witnesses to buyer of place, so as to fortify his claim)
Third is his claim at court of QADHI within a month of TAQRIR to buy it as SHAFI
SHAFI (eligible to SHUFA') shall buy it from buyer, due to his right if QADHI rules
As deal has closed b/w owner & buyer with custody so he will buy it from buyer
As of now, it’s proper for seller to present his property to all having SHUFA' first
In small place, SHUFA' doesn't occur (SHAFA'I); HF validates SHUFA', in that too
HF takes reason for SHUFA' as to avoid any harm, by strangers (new residents)
SHUFA' is to Land; sale of a place in building or trees (not garden) doesn't ask it
There is no difference in asking of right of SHUFA', b/w the Muslims & DHIMMI
SHUFA’s claim is against BAYE' (to any other than eligible); not on gift, or MEHR
When a woman gives a place, to end marriage (KHULA), SHUFA' does not occur
At the case of SHUFA', QADHI needs to ask its boundary and the reason to claim
With boundary located & claimant's reason valid, the case proceeds-on in court
if claimant can't prove, buyer would swear ignorance to claimant's place nearby
With boundary specified & claim secured, deal for the place to buyer, is verified
With place specified, claim secured & detail of AQD proper, QADHI accepts claim
At positive verdict, claimant to SHUFA’ must give SAMAN of place to buyer W.I.E.
QADHI shall not give the verdict if any of parties is absentee; all must be present
Claimant even after custody, may cancel it by AIB because it has validity in BAYE'
Issues denoting refrain from a property cancel SHUFA's right; other issues don't
In Previous, right to SHUFA' ends if eligible to it takes amount; but it's returnable
If SHAFI (eligible to SHUFA') dies, the right ends; but buyer's death doesn't end it
If someone buys the place by agent who is one of neighbors, he too gets SHUFA'
If deal b/w seller & buyer is FASID asking FASKH, then SHUFA doesn’t occur to it
If deal was b/w ZIMMI & wine was SAMAN then HF allows ZIMMI to buy it by it
But wine is HARAAM even as SAMAN b/w ZIMMI; it seems void, at Islamic place
If SHAFI & buyer differ on property’s price, SHAFI is claimant & buyer MUNKIR
If seller & buyer differ to amount of sale & seller is to get it, seller's word is valid
If seller has received it, he has no concern; if he differs, buyer's word has validity
SHAFI pays same as paid by buyer to seller; he avails discount too to buyer if any
If excess than MP is paid at deal b/w buyer & seller, SHAFI isn't liable to pay that
If owners have shares as 1:2:3 & one sells his, others get equal rights as SHUFA'
So other 2 have to buy his share by equal amounts, & they get equal ownership
If SHUFA' is accepted, it is better that SAMAN is cash for its purchase, by SHAFI
If SHAFI leaves SHUFA', by wrong news of value paid, he regains it, if it is lesser
SHAFI also regains SHUFA' if wrong news relate to person, who buys that place
Where the place has significant gap b/w its walls & claimant's, he loses SHUFA'
QUDURI mentions HEEYAL (engineered stops) to bar SHUFA'; they're omissible
If buyer constructs there, SHAFI as he buys it, shall ask him to lift it all, as ruins
In Previous, SHAFI has the right to pay for structure as if ruins to let it be intact
If owner to place turns-out else than seller, buyer may claim SAMAN & expense
If place has incurred damage unintentionally, SHAFI will buy it, at its given price
If damage is by buyer intentionally, SHAFI may deduct its value from given price
If change to it wasn't there at purchase, buyer will take it or SHAFI will pay for it
Fruits plucked from trees is for buyer, as SHAFI deducts its value from payment
Fruits at trees come to SHAFI if buyer doesn't pluck them, payment being same
If SHAFI finds AIB in property at view, he may return it to seller & get his money
If buyers are many, all share it by ownership ratio; it affects SHUFA' to relax in it
If deal is FASKH due to AIB b/w seller & buyer, SHUFA' in it is still valid for SHAFI
If FASKH is by the court's decision, SHUFA's right for the place ends then & there
if IQALA occurs b/w buyer & seller after sale, it doesn't end the right for SHUFA'
SHIRKAT - MUDHARABA – WIKALAH
Partnership b/w men taking shares in financial investments & profits is SHIRKAT
It has 2 types; in ownership of specific tangible assets; or by business contracts
If it’s in assets, one has no right to manage share of other in it, unless permitted
Other of AQD (contracts) is 4 manners; MUFAWADHA, INAAN, SANAE', WUJUH
First of them relates to finances; in this, their finances would be somewhat equal
Partners must be Muslims, sane & adults, with ability for transactions b/w them
Save finances of their respective families, they share in all monetary deals in that
MUFAWADHA is void b/w Muslim & non-Muslim; they differ in HALAL & HARAM
Financial Equality voids MUFAWADHA b/w free-person & slave (or adult & child)
In it, one becomes WAKIL to the other & guarantor to him too, in monetary deals
So credit purchase of asset by one is debt on both; MEHR of one isn't other's debt
All debts with no hindrance to share b/w them, relate to both even if one takes it
ARSH (penalty of amputation to someone) is not shared & DIYAT isn't shared too
If one gets heredity or gift increasing finances, MUFAWADHA is void by inequality
MUFAWADA relates by cash & kind to all their similar assets; their deal asks for it
In Previous, it is as both have sold half of assets to other, without specifying half
Previous also includes countable items; each of them gets half, by MUFAWADHA
QUDURI doesn't allow limited MUFAWADHA; equality is full in all of the finances
MUFAWADHA isn't practicable now & this way of business contract is null & void
INAAN asks equality in the investment by partnership yet not in profits inevitably
INAAN too relates to accepted currency; each is WAKIL to other yet not guarantor
INAAN is the form of partnership that's very close to partnership that occurs now
INAAN ends if one loses capital & finances not yet combined; or anything bought
If one buys something in it, other will pay for it by ratio even at loss of his capital
It's void to deal that one takes partial profit then distributes other of it b/w them
It's well to invest finances at running business to get admission in the shares in it
A partner in INAAN may employ a WAKIL to serve his interest or pledge his share
Custody to business amounts is AMANAT; so loss isn’t claimable by one to other
SANAE' means partnership in wages it receives & service of one has other's share
WUJUH occurs b/w 2 men without capitals yet relations to run business on credit
Deal in assets at WUJUH asks gains by ownership; if equal, profits are half & half
Profits come by 3 reasons; they are received by investment, by service & by rent
ZAMAN (charges; penalty) is guarantee for business and partners shall pay for it
Tailor's work also asks ZAMAN on C.N.; he asks works from boys & keeps profits
Loss at WUJUH due to the loss of credit article is at ownership's ratio of both in it
SHIRKAT doesn't occur at common items as wood by jungle or its hunted animals
Taking vehicle to fetch water/wood, doesn’t ask SHIRKAT, but its carriage is paid
If a partner dies or leaves Islam departing to un-Islamic place, it cancels SHIRKAT
One can't give ZAKAAT for other except by his consent; it is normal ruling in that
It is better that ZAKAAT’s consent is sought beforehand and even at its provision
MUDHARABA is AQD (business contract) b/w two; one finances and other serves
It is to share profits in specific ratio; finances given as AMANAT by valid currency
Specification for fixed amount as its profits to the financier nullifies MUDHARABA
Financier is termed as RABBUL-MAAL & who serves at the business is MUDHARIB
If MUDHARABA is FASID by void condition, it asks UJRAH by 'URF for MUDHARIB
Financier has right to specify time & place for business & to specify its nature too
MUDHARIB may operate business as dealers do by 'URF taking current guidelines
He may take someone as MUDHARIB too if allowed by financier & may guide him
MUDHARIB shall not take a business where financier does not benefit financially
MUDHARIB receives finances as AMANAT; by C.N. only at loss, he'd pay ZAMAN
MUDHARIB shall not invest the surplus of finances in issue unfruitful to financier
If he invests at such issue without assent & gains by it, both get it by their ratios
MUDHARABA is at 5 levels; first, MUDHARIB is AMIN (trustee); then, he is WAKIL
In profits, he is SHARIK (Partner); if AQD turns FASID, he's an AJIR (an Employee)
if he violates a valid condition at the contract, he is GHASIB (forfeiter of finances)
He may give amounts as AMANAT to someone; he may not take 2nd MUDHARIB
But by financer's assent, he may take 2nd MUDHARIB; share his profits with him
If he provides all amount to his own MUDHARIB, he shall specify ratio for profits
If 3rd is for 2nd & his ratio is half to financer, In 6 DINAR he gets one, 2nd gets 2
If he directs his share to 2nd & half to financer, in 6 DINAR, financer & 2nd get 3
If he takes 2nd by his own ratio, they share accordingly; financer's share is intact
Here WIKALAT ends by appointer's death; so by death of financier, contract ends
If financier leaves Islam departing to un-Islamic land, he's taken as dead & it ends
Financier may end AQD any time; articles bought before news of the end, are in it
MUDHARIB may sell stocks at gains even if aware of news; he'd not buy anything
MUDHARIB would see to realization of receivables at its closure as he also is AJIR
Even if MUDHARIB has no interest, he shall visit debtors, & make financier WAKIL
MUDHARIB has no claim if term ends by net loss even if in-between, it had profits
Now, it seems better to specify a period with renewal at its end for another period
Issue of previous profits ends as term ends with no claim to new; QUDURI agrees
If MUDHARIB deals in credit sales, it must be within norms of trade & within limits
WIKALAH is to appoint WAKIL without pay to deal & act for him & to tackle issues
WIKALAH is invalid in HUDUD, QISAS & DIYAT; anyone involved faces that himself
A.H. rules that WAKIL assumes his status by assent of other side save valid reason
SAHEBAIN allow his appointment in valid cases, without any consent of other side
WAKIL must be sane & adult with liberty to act on advice, by his client (MU'AKKIL)
WAKIL must be honest & know issues to deal; QAVI (capable) and AMIN (honest)
WAKIL deals in 2 issues; at one he acts by own & at other, he mentions MU'AKKIL
If WAKIL buys house, his mention isn’t needed; for his marriage, he'd mention him
In buying something, WAKIL must tackle problems occurring in it (like AIB) himself
If it is with him, he may return it by AIB; if he hands it to MU'AKKIL, his issue ends
If someone appoints WAKIL for marriage, he goes to where he is liable to deal in it
WAKIL isn't liable to assure his marriage to lady he proposes or relaxation in DIYAT
If MU'AKKIL deals to receive some receivable directly then WAKIL isn't liable for it
In SALAM, buyer may appoint his WAKIL; seller is not allowed to make WAKIL in it
In SARAF, if WAKIL deals issue in MU'AKKIL's presence, it is valid, if latter departs
In SALAM too, WAKIL's presence to last is needed & MU'AKIIL's may leave before
If WAKIL buys something for MU'AKKIL, he may ask its payment before handing it
In Previous, If the item incurs harm in WAKIL’s hands, he’d pay the MP as ZAMAN
MU'AKKIL pays price & WAKIL incurs its ZAMAN; both pay nothing & latter suffers
If WAKIL hasn't taken amount by MU'AKKIL & it's lost not by C.N., latter must pay
If he appoints 2 WAKIL at task, both must work jointly except in the case at court
In Previous, if he asks both to return debt to creditor, it is fine if only one does it
If he appoints WAKIL to a task, he mustn't make 2nd WAKIL in it save by consent
If WAKIL appoints 2nd WAKIL, 2nd may help only by his guidance in his presence
If MU'AKKAIL dismisses him, all his acts before its news reaches to him, are valid
If MU'AKKIL dies or turns insane, WIKALAH & representation at partnership ends
In Previous, it ends even if WAKIL is unaware about that & affects his acts for him
The term ADL-e-HUKMI is used where ruling applies, without awareness of news
If someone appoints WAKIL for task then takes that himself, WIKALAH to it ends
WAKIL shall not sell anything of MU'AKKIL to his relatives, if latter asked to sell it
WAKIL must deal the assets of MU'AKKIL within market's norm & not at variation
Market's norm is assessed by asking rates from traders there and taking of issues
If WAKIL sells on credit, he doesn't need to ask payment's guarantee, but pursue
WAKIL wouldn’t sell half of indivisible item sharing it; sharing is AIB & it is invalid
In divisible items, he wouldn't buy more than advised (A.H.) but SAHEBAIN differ
In Previous, they rule if he gets more quantity of it, by specific amount, it is valid
WAKIL will not buy client’s specified thing for himself; he may buy if unspecified
WAKIL may see cases for MU'AKKIL; even at positive verdicts, he’d not ask a fees
Previous is among those few issues, on which the ruling is taken at HF by ZUFAR
If WAKIL stands against MU'AKKIL at court, he is accepted but his WIKALAH ends
If WAKIL to absentee gets his debt by the court with acceptance by debtor, it's fine
If absentee conforms later, it’s fine; if he doesn't, debtor shall pay it, as his liability
QADHI shall reject WIKALAH to absentee's AMANAT that is with someone outright
Debtor approved his WIKALAH for debts he got; AMANAT is highly specific liability
KIFALAH - HAWALAH – SULUH
KIFALAH is to provide the guarantee for one to another due to his demand on one
It's guarantee to creditor to produce MAKFUL-ANHU on demand; or to pay debts
The guarantor is termed as KAFIL, and for whom he provides it is MAKFUL-ANHU
Whoever asks guarantee (i.e. MAKFUL-LAHU) for one shall accept KAFIL one gives
Documentation is secondary at transactions as claim relating them asks witnesses
MAKFUL-LAHU is liable to ask KAFIL to bring MAKFUL-ANHU at given time & place
If KAFIL fails to do so then MAKFUL-LAHU is liable to file case against him at court
If KAFIL had guaranteed paying of debt on failure to bring him, he needs to pay it
KIFALAH is void in HUDUD (major specific crimes) and other major charge on him
KIFALAH is fine even if he's not fully aware of guaranteed item of MAKFUL-ANHU
It's fine even if there is something wrong in the deal that he's fully able to mend
It’s fine if MAKFUL-LAHU asks something in KIFALAH from KAFIL/MAKFUL-ANHU
KIFALAH is fine for future transactions; and it is fine with related conditions for it
If KAFIL claims that creditor gives incorrect value for debts, he needs 2 witnesses
If KAFIL is clearly unable to fulfill demands of the guarantee he provides, it's void
If KAFIL gives KIFALAH by own & needs to pay debt, he can't ask MAKFUL-ANHU
If he provides KIFALAH on advice of MAKFUL-ANHU & pays for him, he'd ask him
As term ends, MAKFUL-LAHU would ask KAFIL to pay & he'd ask MAKFUL-ANHU
If MAKFUL-LAHU gets dues by MAKFUL-ANHU or changes it to gift, KAFIL is free
If he relaxes liability on KAFIL, they shall still remain payable, on MAKFUL-ANHU
KAFIL may guarantee to pay SAMAN to seller but it's void for due MABI' to buyer
SAMAN may be substituted; its pay isn't relaxed by loss; MABI' lost isn't replaced
So KIFALAH is valid where the KAFIL may provide substitute to guaranteed items
So the guarantee to bring a carrier on time is valid, but invalid for specific carrier
RAHIN can't ask KIFALAH for any item he gives in RAHAN because that is specific
If something is taken by force, KIFALAH to bring it back is valid if it has substitute
MAKFUL-LAHU needs to be present in KIFALAH at spot, where KAFIL guarantees
But the father near his death, may ask his son to guarantee to pay all his debtors
If two persons guarantee for someone & any pays for him, he may ask him for it
KAFIL’s payment is due on MAKFUL-ANHU but he may ask 2nd KAFIL for its half
If 2 persons buy an article on credit each may become KAFIL to other in the deal
In Previous, the seller may ask the complete due payment to any of buyers of it
Some person may become KAFIL for someone to pay all of his debts at his death
KIFALAH is invalid at KITABAT payable to master by his slave to gain his freedom
HAWALA is that one presents someone to one's creditor putting the debt to him
KIFALAH & HAWALA differ; former doesn't end the liability but the latter does it
MUHEEL is person who puts his debt to another (MUHAL-ALAIHE i.e. transferee)
So besides MUHEEL & MUHAL-ALAIHE, the 3rd side here, is creditor of MUHEEL
All three sides must agree to HAWALA; it ends the liability of MUHEEL completely
The creditor shall only ask MUHAL-ALAIHE for his debt with no claim on MUHEEL
He may ask MUHEEL for his amount only if MUHAL-ALAIHE is unable to pay that
If MUHAL-ALAIHE dies & leaves nothing to pay, MUHEEL is again liable to pay it
Amounts in payable & in receivable shall remain apart unless specified & agreed
It’s valid to ask debtor to pay WAKIL who poses as the creditor to get it prompt
In Previous, this is due to debtor's reluctance to pay & WAKIL maybe influential
HAWALA maybe SAFATIJ (giving debt to someone who gets it at city he goes to)
SAFATIJ is to avoid trouble at way laying it to others but it is not appreciable act
SULUH means making peace to claimant in his asset by reason by mutual assent
He makes SULUH in 3 ways; acceptance of claim, its denial or keeping silent on it
In any of these manners, he would provide some returns that values to claimant
His payment for the claimed article in SULUH in any way is named BADLE-SULUH
BADLE-SULUH by acceptance maybe by providing tangible goods & it's like BAYE'
Other BADLE-SULUH at acceptance, maybe by providing benefits; it's like IJARAH
Other 2 manners of it ask separate ruling for each & claimant takes it as his right
He gives BADLE-SULUH to claim he denies or keeps silent upon for sake of peace
If payment for SULUH is by latter 2 ways on house, it doesn't change ownership
If house is BADLE-SULUH itself, it changes ownership & shall ask for SHUFA' too
If he pays to claim yet other claimant shows-up he'd ask the first to pay his claim
If claim is by denial or silence & other one claims its half, he'd ask half, as refund
In Previous, claimant may file case on the new claimant at court after he refunds
If person is claimant to partial house, SULUH of owner by some amount , is valid
If another one claims partial right, the first will not refund its respective amount
Previous tells that claimed object maybe bit obscure & BADLE-SULUH is obvious
SULUH is fine by tangible or intangible value as giving shop for it for specific time
SULUH is valid in JANAYAT too as it's peace to amputation of person’s body-part
SULUH is void at issues of HADD; Allah has specified the respective punishments
If a man claims upon a woman as wife, she may pay amounts for safety & peace
If a woman claims upon a man as husband, he has to either accept it or refute it
If someone claims a free man as his slave, he may ask SULUH by paying amount
If claim is to amounts, SULUH may be made by amounts of same nature in that
If claimant takes lesser than his claim, it’s discount & valid, even that’s deferred
If claim is on items having exchange value, SULUH shall be equal to it, & prompt
RIBA occurs at same weighable/measurable items; so returns are equal/prompt
SULUH is valid if someone takes WAKIL & he does accept some amounts to pay
WAKIL is liable to pay on guarantee, else SULUH relates to consent of MU'AKKIL
If SULUH relating to denial/silence is by unsanctioned WAKIL, it has 4 issues in it
First is he states amount in SULUH & guarantees payment, it’s final & he is liable
Second he makes SULUH to creditor by his own asset; it finalizes so issue closes
Third differs from 2nd in that he states an amount & pays later finalizing matter
Fourth is that it's on amount he neither pays, & nor guarantees; it asks consent
If 2 are creditors due to sale of a shared thing, receiving dues by one is for both
If one makes SULUH on his share to debtor, other may ask him for dues directly
In Previous, he may ask dues from partner too by amount's ratio got by SULUH
It’s disallowed to divide the receivables before realization; but after it, it’s valid
If one buys an item by debtor for his share, he’d turn guarantor to other's debt
If 2 persons deal by SALAM, seller needs to either give principal or MABI' in that
In Previous, one of them only is not liable to SULUH for his share in the principal
SULUH is valid b/w heirs to one of them, for his share in assets, left by the dead
If SULUH ends claim on gold by silver, that maybe more or less, yet in one sitting
To end share of gold & in other of things, it must be more than the share of gold
He'd not discard receivables of deceased in his share; debts are not transferable
He may leave his share of debts & notify debtors; he'd then take share's balance
So even if debts are not transferable, write-off is valid as others have no concern
HIBA - WAQF - GHASB - WADI'AH –AARIAT
HIBA is to give beneficial tangible/intangible thing to someone; so any gift is HIBA
Who gives HIBA is WAHIB; & to whom it is given, he is termed as MAUHUB-LAHU
As WAHIB gives it, MAUHUB-LAHU turns owner to it, & WAHIB has no claim to it
HIBA is like BAYE'; HIBA is giving of the gift by one & its acceptance by the other
As MAUHUB-LAHU takes possession of it at sitting, he is then its owner instantly
WAHIB has to provide total (KAMIL) ownership of his gift to the MAUHUB-LAHU
WAHIB may not make such HIBA, that has some of his right in it; or of any other
By Previous, fruits on trees & wool as the hair on a sheep is void, giving as HIBA
Flour that a person receives by grinding seeds or extracts oil, that is void in HIBA
That wasn't available at HIBA so neither the ownership occurs nor any HIBA to it
If division makes HIBA useless, partial of it as HIBA is void; it's nothing beneficial
If MAUHUB-LAHU already has its custody; only its recognition makes him owner
If father makes gift to his son not yet an adult, he'd have its ownership instantly
If receiver is any child, deal for it finalizes, as guardian takes its custody, for him
Possession is 2 kinds; at one, loss asks ZAMAN; & at other, it doesn't ask for that
Possession as AMANAT is at the latter; & GHASB (custody by force) is at the first
If custody is AMANAT, it would change instantly to HIBA, if owner gives it as gift
So If owner gives RAHAN as HIBA to MURTAHIN; his custody turns to ownership
If custody is such that it asks for ZAMAN, still it changes into ownership, by HIBA
So If GHASB thing is provided as HIBA by owner to GHASIB, he has its ownership
But if article in custody is AMANAT with him he has no right to make it a RAHAN
If 2 persons make HIBA of their shared article to a person, his ownership is valid
But If someone makes HIBA of some indivisible thing to two persons, it's invalid
HIBA of two to each other is like BAYE'; it asks HIBA's custody, for each of them
In Previous, rules of AIB & RUYA apply; and in exchange of land, SHUFA' applies
HIBA isn't reversed; Hadith has words on taking it back as dog eats-up its vomit
But it allows the father as exception to take it back from his son if he wills for it
HF allows reversing HIBA due to weak Hadith but previous is authentic & better
At times, reversal of HIBA is void by HF too, as when receiver gives gift in return
Second, it’s void if receiver refines HIBA as by some construction on land he got
Third is when MAHUB-LAHU dies; his assets go to heirs & ends claim to reversal
Fourth is when MAUHUB-LAHU sells HIBA so he loses its custody so claim is void
Fifth is when WAHIB gives HIBA to his MEHRUM relative, so he loses its custody
Sixth is that he gives the custody of HIBA to spouse & due to it, loses its custody
Seventh is if receiver loses it & it's tangible, WAHIB loses any claim to ask it back
These stop claim of WAHIB on HIBA by HF yet all such detail seems unnecessary
The best ruling according to Hadith is there is "no claim after HIBA but father's"
If other owner to it than WAHIB shows-up, he'd pay for loss to MAUHUB-LAHU
HIBA by "AL-'UMRA" is valid; it's giving a man a place liable to return at his death
In Previous, condition doesn't apply, & heirs to receiver get HIBA after his death
If AQD needing custody has FASID condition, it's void & AQD is valid transaction
So, HIBA of slave saving her pregnancy is valid as both are HIBA & condition void
"AR-RUQBA" is void that is giving of house, as survivor to other, gets ownership
If oath is taken to give SADAQAH, better is to give a thing having exchange-value
SADAQAH is like HIBA yet valid to give to two without share's detail free of claim
If by mistake SADAQAH is given more than intended, excess isn't claimed in that
SADAQAH is made in hope for direct returns from Allah so what is given, is given
Oath to give all owned assets as HIBA allows keeping of sustenance of near ones
In Previous, he may give assets' value at oath that he earns now but it is optional
WAQF is to realize an asset in direct command of Allah leaving evident ownership
Provision of it asks WAQIF to specify benefits, in accordance to Islamic teachings
Conditions respecting the Islamic commands are valid, as taking profits up-to life
WAQF settles when the appointed caretaker takes custody of property in WAQF
Shared indivisible property maybe provided in WAQF if all partners agree to that
If shared property is divisible b/w partners, anyone may give his share as WAQF
WAQF lasts; if extinction of benefiters is probable, it better mentions substitutes
WAQF mostly relates to fixed-asset; if Land is WAQF, it may include cattle in that
WAQF maybe of transferrable virtuous thing by 'URF, as of the Holy Book Quran
As WAQF finalizes, it’s void giving it in anyone’s ownership & its purchase & sale
Caretaker (paid by its profits) willl see to its maintenance by its profits as liability
He'd repair WAQF's harms by new or its damaged items; they can never be sold
WAQF isn't given as AARIAT or RAHAN; WAQIF may assign few gains for himself
WAQIF is liable to take its caretaking himself & may specify it for his heirs ahead
If WAQF is MASJID, WAQIF shall make a separate general door to it, for SALAAT
As SALAAT starts at it with separate general entrance, WAQIF's ownership ends
If well is at WAQF, & people start getting water by it, ownership of WAQIF ends
If staying place is given WAQF & travelers start staying in it, his ownership ends
If graveyard is WAQF, & people start burying the dead in it, his ownership ends
GHASB is to seize an article having monetary value without consent of its owner
GHASB ends custody of tangible valuable, that has respect being Muslim's asset
GHASIB (seizing person) must return it to its rightful owner asking Allah's mercy
If GHASIB loses it, intentional or not, ZAMAN occurs to pay similar item or its MP
MP shall be in accordance with date in which GHASIB took possession of it (A.Y.)
On GHASIB, ZAMAN occurs on harming the land willfully but not if unintentional
If he slaughters GHASB goat, owner may take ZAMAN with the slaughtered goat
He has option to leave the goat & take its full value (MP) from him as its ZAMAN
If GHASIB changes it (into meat), his own claim occurs; so ZAMAN is only option
GHASIB gets claim to GHASB he refines; its use is void until he pays ZAMAN fully
In Previous, it's better if the owner takes ZAMAN for it; it seems preferable here
2nd option is to take it as it is, by paying for change he made by mutual consent
If GHASIB claims loss of GHASB article by oath, he shall pay its ZAMAN to owner
But if GHASB is found later, the owner loses his claim if he got his asked ZAMAN
If he was paid ZAMAN by GHASIB's word, he may return it, taking back his article
His 2nd option is that he doesn't claim; & keeps the issue well-settled, b/w them
If GHASB increases in value by growth as garden's fruits, it’s AMANAT to GHASIB
SHAFA'I asks ZAMAN at loss of fruits; but GHASB surely is only invalid possession
GHASB by HF is ending rightful possession of owner so it views it by owner’s side
GHASB-cow’s offspring is GHASB to SHAFA'I, not to HF; it wasn’t at owner's hand
Muslim isn't liable if he inflicts loss to wine of Muslim; if it’s of ZIMMI, he'd pay it
Wine/swine aren't MAAL-MUTAQAWWIM (valid goods) to Muslims, as to others
SHAFA'I seems better, as he asks no ZAMAN for loss to wine or swine, of anyone
WADI'AH is the term for AMANAT; AMIN is whom the owner trusts for any asset
AMANAT (put in trust & custody) doesn’t ask for ZAMAN; its loss is not claimable
He may protect it or put at near-ones' protection & wouldn't incur ZAMAN at loss
C.N. to WADI’AH occurs in ways that causes to pay ZAMAN to owner, due to loss
If AMIN gives it for safe custody to any other, he'd have to pay ZAMAN at its loss
If AMIN mixes it indistinguishably in his own assets, he is liable to ZAMAN at loss
If he mixes it in that purely by-chance, he becomes partner to owner, by its ratio
If AMIN tries sincerely to protect it by all efforts at danger, he'd not pay ZAMAN
If AMIN spends some of WADI'AH & loses other, he'd pay ZAMAN only to former
If he spends it partially & returns the same by his cash, this too is counted in C.N.
In Previous, he mixed his amount to WADI'AH; he would pay total ZAMAN at loss
If he uses it but stops that with no effect to its integrity, he is not liable to ZAMAN
If AMIN does not hand it on demand claiming it is not in his custody, he's GHASIB
In Previous if he accepts its custody later, he would return it to end all his liability
If he travels with WADI'AH & owner had not forbidden it, he isn’t liable to its loss
If 2 persons give indivisible WADI'AH to him, he will return it, in presence of both
If it's divisible, he may return one his share by ratio as specified; it isn’t preferable
If owner gives indivisible asset to 2 men, one may have custody by other’s assent
In Previous if divisible, both must keep it by division & both are liable to their side
If he keeps it with his wife, & owner had asked not to, he'd pay no ZAMAN at loss
If owner told him to keep it at specific room & he didn’t; he's not liable to ZAMAN
But if he asks to keep it at his specific house & he doesn't, at loss he pays ZAMAN
AARIAT is to allow benefits of something without its ownership asking no returns
MU'IR is who provides AARIAT and MUSTA'IR is borrower to whom it is provided
AARIAT like WADI'AT & IJARAH, does not ask ZAMAN at loss except when by C.N.
This is because MUSTA'IR (borrower) has it as AMANAT; that doesn't ask ZAMAN
MU'IR may ask AARIAT back at will; & MUSTA'IR will not provide it ahead at gains
If AARIAT is provided to someone again as AARIAT, it's valid if owner permits him
In Previous, MUSTA'IR may give AARIAT to the needy, who uses it by utmost care
DIRHAM, DINAR, MAKILAAT & MAUZUNAAT are never AARIAT, as they are debts
This is so as AARIAT provides benefits; in Previous they will end it by getting them
Land maybe AARIAT for specific term; MUSTA'IR shall demolish anything he builds
If MU'IR has given it at specific term and asks it before that, he would pay ZAMAN
MUSTA'IR would see to expense (cartage etc.) incurred to return AARIAT to MU'IR
At GHASB too, GHASIB makes expenditure to provide custody to its rightful owner
In IJARAH, the owner pays expense to get his commodity back, not the MUSTA'JIR
Note also that owner pays expenses of return of his WADI'AH, as he is liable for it
If MUSTA'IR returns animal/car to where MU'IR's keeps it, he isn't liable to its loss
If MUSTA'IR returns AARIAT to MU'IR's home, he isn’t liable to loss even then too
If AMIN returns WADI'AH to the owner's home, he's liable to ZAMAN at loss there
He got WADI’AH for safety that owner didn't find at home, so he's liable to its loss
LAQIT - LUQTA – KHUNTHA
LAQIT is unclaimed child found at way probably discarded due to hunger/shame
Finder is keeper yet if someone claims him as his son under oath, it’d be accepted
Acceptance leads to his custody; if they are 2, they’d be asked for physical marks
If ZIMMI claims him but he’s found at Muslims' area, his claim is not entertained
Found at ZIMMI's worship-place by ZIMMI with no claim on it; it'd be as ZIMMI
In Previous, if found by Muslim, it'd not be ZIMMI but would be taken as Muslim
If some amount is found tied to LAQIT, it'd be his & it’d be AMANAT to the finder
Finder doesn't have right to decide for his marriage but he’d see to his well-being
Finder, as guardian, may teach skills & employ him keeping his wages as AMANAT
LUQTA is something found at way & finder taking witnesses, shall seek for owner
Finder must announce it as much as possible; if valuable by 'URF, it’d be for a year
If he still doesn't find the owner, he'd give it SADAQAH; & it'd be virtue to him too
SADAQAH is on owner's behalf; if he appears after it, he may accept it or reject it
At rejection to give his amount as SADAQAH, he may ask the finder for its ZAMAN
Now, it's better to announce it by media time & again for a year before SADAQAH
if someone finds goat/cow roaming about, he may take its custody only to return
If the finder informs the court with witnesses, he’d receive its expenses at return
Without information about it, he’d not get its expenses; his care to it, is his virtue
Court may employ LUQTA to provide its expenses or sell it with balance for owner
Due to positive verdict of the court, he may keep it until the owner clears his dues
LUQTA has same ruling whether found at HARAM (KA'BAH & nearby), or outside it
Finder may keep it when the owner appears, till he gets its distinct identity by him
If finder is needy, he may use it, or he may give it to any poor relative, after a year
KHUNTHA is child born with both private parts (male & female) & identity an issue
If he urinates by male part, it’s male; by female, it’s female; initial passing clears it
For SALAAT, it stands in-between men & women not inclining to any one side in it
For circumcision, it'd buy slave-lady to view its private parts as its gender is vague
Islam forbids men to view female's part and women to view male's, if not spouses
In the inheritance it'd receive female's share; being lesser, it does have a safe side
SAHEBAIN differ in its calculation, yet they too ask the lesser share, for KHUNTHA
MAFQUD - IBAQ - EHYA UL MAWAT - MA'ZUN
MAFQUD is the person lost & unknown if alive; by extensive search, he isn't found
MAFQUD's property isn't distributed as if he’s alive; in other issues, he’s like dead
QADHI shall appoint someone in his assets, to see to needs of his very close-ones
Waiting for his wife to marry again was 90 years (HF); now it’s 4 (by MALIKI FIQH)
When MAFQUD is taken dead, his property is distributed too b/w heirs alive then
Wife of MAFQUD may marry again as her husband is taken dead after her IDDAH
IBAQ means escape of male-slave or of female-slave from his/her bond of slavery
The text here tells for reward (lesser of 40 DIRHAM or it's MP), for his/her return
Whoever brings him, doesn't pay ZAMAN if he/she escapes from his custody too
He must make witnesses to run-away slave he got in hand to return to his master
IBAQ relates to issue having no concern now; it's good it's dealt briefly at QUDURI
EHYA-UL-MAWAT means revival of MAWAT by someone to provide its cultivation
MAWAT means land lying useless with no apparent chance to its use in cultivation
He'd become owner to such land with three conditions; the First is no-one owns it
Second is it must be far-away from settlement, not of benefits to nearest dwellers
Third is its possession for him is verified by law of the land endorsed by the QADHI
With conditions, if he refines it clearing-off the water-logging & salinity, he owns it
If QADHI allows him custody & he lets it remain idle for 3 years, it'd be asked back
Land near to village doesn't ask EHYA; it'd be used in cattle-grazing & for cut crops
if a man digs well at open, he owns areas nearby; he’d care no other is dug nearby
Wells by which water is taken-out by hands asks 20 meters (current units) around
Other, by which water is drawn by assistance of cattle, asks for 30 meters around
Meters relate to Arab land, yet where land isn't as hard, it may ask for a few more
If river leaves dry land drawing back & doesn't return whoever refines it, is owner
If river flows to his area from another's, river's banks are valid, to access for both
MA'ZUN is slave allowed to deal in all general business transactions, by his master
Such slave may deal in purchase & sale; keep or give RAHAN; if it’s needed by him
Slave, allowed trade by his master, may go into any trade, even if specified to him
He’s not a MA'ZUN slave if his master asks to buy something as it's a service taken
IQRAR of debts by such slave is valid or of GHASB; such words do have due weight
He'd not give slaves that he takes for trade, into marriage & not give them as HIBA
He'd also not ask them for KITABAT (to free themselves by giving specific amounts)
He may give lunch or HIBA by trade-amounts to dealers within the accepted norm
MA'ZUN is liable to take few debts; at need, he will himself be sold to pay that off
If master reverses consent to MA'ZUN for trade it shall apply as market gets aware
If master dies or is affected by lunacy for a month, his permission to MA'ZUN ends
If MA'ZUN runs-away, the permission to him for trade from his master ends W.I.E.
If he stops his MA'ZUN from trade, detail by him of all accounts has validity in that
MA'ZUN shall not trade with his master; latter is not liable to pay any debts on him
If he frees MA'ZUN, he shall pay debts of trade up-to his MP; balance is on MA'ZUN
As slavery has ended; Al-Hamdu Lillah; its rulings at the current times, are obsolete
MUZARI'AT (i.e. MUHAQALA or MUKHABARA) – MUSAQAAT
MUZARI'AT is AQD giving land for cultivation, to share its produce in specific ratio
Being an AQD (contract) to share profits, this transaction does not relate to rents
It denotes business that is near to MUDHARABA, rather than the contract of rent
But, it is allowed for land-owner to give it on wages (rent by cash), for cultivation
A.H. invalidates MUZARI'AT outright; & though SAHEBAIN validate it yet by detail
Ruling of SAHEBAIN is taken by view of 4 things that are land, cattle, labor, seeds
In these 4, there are 4 manners to ask MUZARI'AT; one is void & others are valid
If land & cattle is of one while labor & seeds are of other, it is the invalid manner
But if land & seeds belong to one & other provides labor & cattle, it is most valid
If land belongs to one & labor, cattle, seeds, is of other, this also has validity in it
If land, cattle & seeds belong to one & other provides labor, this also is valid in it
Note that Seeds is basis to getting produce so in MUZARI'AT, that shows validity
If seeds is of land-owner, it is as if he owns the produce & paying wages to labor
If seeds is of laborer, it is as if he owns the produce & paying rent to land-owner
But paying with produce against cattle is invalid; & so MUZARI'AT becomes void
In MUZARI'AT, its period is required to specify; ratio of each also requires clarity
Previous denotes its conditions so period shall not be obscure as it makes it void
Condition that asks for produce of certain area for one in contract, makes it void
This also asks that no one shall get any produce, before applying of the ratio in it
If land doesn't pay, laborer loses labor & the owner loses too as he does not gain
If MUZARI'AT turns FASID due to any void condition, ownership to seeds decides
If land-owner owns seeds, he'd pay wages by MITHL to laborer, according to I.M.
If laborer owns that at such, he would pay rent (by MITHL) to owner, accordingly
MITHL means the amount that is usually paid by 'URF at such contracts in locality
If he, who owns seeds backs-out before its onset, he wouldn’t be forced to go-on
The other does not have option to back-out; he would be forced to go ahead in it
If the term ends before crops is ready, laborer gets time and owner gets the rent
Owner shall receive rent according to ratio of produce by MP, by mutual consent
Both incur expenses at produce in specific ratio; it's void to ask only one for them
If one of them dies, it ends contract; they end if any of sides is unable to honor it
If owner dies, laborer shall work-on to get produce; gains are distributed by ratio
If laborer dies, heirs shall work-on to get gains from produce yet not for the work
MUSAQAAT like MUZARI'AT is void to A.H. & valid to SAHEBAIN; it's taken as valid
It is when the owner asks a person to provide water & maintenance to his garden
Its contract asks to share produce of the garden & it relates to fruits & vegetables
In MUSAQAAT, contract is good only if fruits at garden, do need works to develop
If fruits are fully developed, MUSAQAAT is void, as labor doesn't claim value for it
Its rulings are similar to MUZARI'AT; it may ask FASKH the same way as at IJARAH
Topics in QUDURI, relating to Business Transactions (BUYU), end- Al-Hamdu-Lillah
NIKAH - RADHA'AT - TALAQ - RAJ'AT - EELA - KHULA'- IDDAT – NAFAQAAT
NIKAH (Marriage) is contract b/w man & woman to do the sexual act justly by will
It's NEMAT (blessing) by Allah to permit both to live together & share issues of life
NIKAH has an aspect of ADL (an agreement) & another of EHSAAN (aspect of love)
NIKAH is SUNNAH; at intensity of passions, it's FARDH; at self-control, MUSTAHAB
NIKAH finalizes by IJAB (asking of it by man) & by QUBUL (its approval by woman)
Asking for it & its approval must be clear; former as request & latter as past tense
Woman may ask for it (by her WALI's approval); & its acceptance by man finalizes
NIKAH needs 2 witnesses in it who are free, adult, sane Muslims, even if not ADUL
ADUL are such Muslims who refrain from major sins; & don't persist on petty sins
Witnesses might be one man & 2 woman as being agreement, this also is valid in it
If punished in QADHF, his witness is valid for marriage but at court, it has no value
If Muslim marries a Christian lady and two witnesses are from Christians, it's valid
It is HARAAM to marry any of women that are specified at RUKU-3 of Surah NISAA
AZJANIBE SHIRDAH HAMKHISH SHWAND-WA-AZJANIBE SHIRKHAR, ZAUJANOFRO
Previous is poetic verse in Persian that notes to whom NIKAH is void by RADHA'AT
RADHA'AT is to provide milk to Infant; the woman feeding it becomes mother to it
He's prohibited to marry her or her specific relatives; her husband is like his father
The rule here says that HARAAM by NASB, are also HARAAM to him by RADHA'AT
NASB (parenthood & immediate women relatives) are strictly disallowed to marry
To mother by milk and to her husband, he/she is like their son/daughter by ruling
But the brother of the child she has fed her milk, is allowed to marry her daughter
Near relatives of the woman who fed him by her milk, may wed his near relatives
If one of two women is taken as a man, she is not allowed to marry the other one
Previous assumption applies on the man; he will not keep both together, as wives
If a man has a daughter and he marries a woman & divorces her, it asks for detail
In Previous, it's valid if divorced women and the daughter marry the same person
Stoppage to NIKAH are 5 types i.e. NASB; SABAB; JAMA; HAQQUL-GHAIR & DEEN
NASB (refers to immediate women relatives), that are strictly disallowed to marry
SABAB (reason) as RADHA'AT also stops marrying women, that are near relatives
JAMA (to add) i.e. marrying 2 such women if one is man, other is HARAAM to her
HAQQUL-GHAIR (right of other) is asking someone's wife to marry; it is HARAAM
DEEN (religious belief) needs to be same; it is wrong to wed women not Muslims
Christian woman maybe an exception to marry if she is very caring to her religion
For adulterer, women HARAAM as in-laws if she were his wife, are void to marry
The man who divorces his wife is disallowed to marry sister-in-law, in her IDDAT
It's valid to marry in EHRAAM; couple needs to end UMRA/HAJJ prior to relations
It's needed that Muslim adult sane virgin girl marries only by her WALI's consent
A.H. rules, if such girl marries a man who is equal in status, by own will, it is valid
Today, it does seem best that it's void for virgin girl to marry by own (SAHEBAIN)
If she does, it would remain MAUQUF at WALI's consent; equal-status is nothing
HF tells her NIKAH by own not at KAFA'AT (equal-status) is void & insult to WALI
Comments to KAFA'AT are hard as much depends in HF here on personal thought
Better seems that any attempt of a virgin girl to marry by her own is discouraged
There are 4 notable ways, which relate to a girl's marriage & need attention here
Young Virgin; all IMAMS agree that her father is authority on her in her marriage
Mature Widow; all IMAMS agree she'd decide for herself, without any difference
Young Widow; A.H. & MAALIK rule WALI has authority; other 2 value her decision
Mature Virgin - 3 of IMAMS except A.H. agree that she is in authority of her father
If virgin girl smiles, cries a bit or keeps quiet as she is asked for it, it is her consent
Widow shall show her consent to marriage by verbal consent, which is necessary
A girl may lose virginity by reasons other than marriage (wounds; violent games)
In Previous, A.H. takes such by ruling as virgin; and SAHEBAIN take her as not so
If she loses it by adultery, A.H. rules her as virgin; SAHEBAIN rule her as SAYYEBA
SAYYEBA means such woman who has not remain virgin because of her marriage
If a woman denies that she agreed to marry her husband, her word is valid (A.H.)
SAHEBAIN ask in Previous to take oath from her about it, then only it has validity
Words about marriage as told by the 'URF validate it; odd words need avoidance
If SAYYEBA gives herself to a man as HIBA/TAMLIK, his approval denotes NIKAH
Marriage needs 2 witnesses, both male (or a male & 2 female), for its occurrence
NIKAH by WALI for child (male/female) is fine, as consent at maturity validates it
HF rules that NIKAH which father/grandfather certify is irreversible but if by C.N.
If other close relatives bind him/her to NIKAH at childhood, it would be MAUQUF
In Previous, he/she has the right to reject it just by verbal denial to it at age of 15
WALI is ASABAH (her close male relative); her sons & then father has preference
If WALI is not reachable at good proposal for woman, WALI next in-line, decides
HF tells that equality refers to NASB & Wealth & DEEN; last only has actual worth
Except if a mature widow, a female shall not decide for her marriage, by her own
However, her marriage needs her consent for it as it doesn’t take place without it
WALI (if her father) may validate MEHR for her as he's allowed unchallenged to it
Others if her WALI are not liable to ask lesser than MEHR-MITHL; it makes it valid
Man will give MEHR to woman at marriage & lowest in that is 10 DIRHAM (Silver)
DIRHAM is the silver coin; 10 DIRHAM value about 30 grams of Silver at this time
Better is to keep MEHR more; it is due by privacy to wife, or his death before that
If unmentioned, MEHR-MITHL (as of brides of her paternal side) is due by privacy
If MEHR is mentioned, but she is divorced before privacy, she would get half of it
If MEHR is unmentioned at such, he shall give MUTATUN-NIKAH to her (4 clothes)
MUTATUN-NIKAH is KAMEEZ, DOPATTA, CHADAR (covering sheet) and SHALWAR
DOPATTA is head & body-covering; they make a decent dress for the Muslim lady
Husband would provide these by his financial status in the place as noted by 'URF
MEHR if unmentioned initially yet couple decide it at marriage, it's valid by privacy
If MEHR is unmentioned initially & decided later, it does not apply without privacy
Previous implies that if he divorces her before privacy, he pays MUTATUN-NIKAH
Wife may allow discount, & ask lesser than the mentioned MEHR by her husband
Valid hindrance to rightful privacy (HAJJ-EHRAAM or menses) is honored in ruling
Divorced woman are in 4 types; each of them has its own ruling that needs study
If MEHR mentioned & rightful privacy received- he has to give her the total MEHR
If MEHR mentioned & rightful privacy not received- he has to give her half of that
If MEHR unmentioned & rightful privacy received- he'd give her the MEHR-MITHL
If MEHR not mentioned & rightful privacy isn't received, MUTATUN-NIKAH occurs
Provision of MATATUN-NIKAH to others mentioned in addition, is appreciable too
SHIGAAR is marrying someone's sister, by giving him his own sister into marriage
Such NIKAH is HARAAM, as one is MEHR to other; both women are deprived of it
Previous is valid, when each of them gets her due MEHR, that is her specific right
If someone marries on teaching the Holy Quran, it's not MEHR but NIKAH is valid
It needs MEHR having financial nature so she is liable to MEHR-MITHL in Previous
A woman may reduce MEHR on condition that he shall not take her out of her city
The marriage is valid but condition is FASID, as he is rightful to take her out of city
If needed, he shall pay better of balance of MEHR or MITHL to take her out of city
If someone marries mentioning a thing as MEHR, it is valid if he gives her its value
MUT'A is to ask companionship from woman for sexual reason without witnesses
It occurs without Announcement, Responsibility, Trust (ART) b/w both on amount
It's other name to adultery so it's HARAAM; it has no place at Islamic environment
NIKAH MAWAQQAT is the marriage for term specified; it takes-up all the ART in it
So ZUFAR says for Previous that NIKAH occurs & condition of specific term is void
If WALI is 1st cousin too, he may marry the girl in his care if she's not yet 15 years
As this NIKAH is MAUQUF, she has the right to reject him as she turns to 15 years
If woman makes someone WAKIL to marry her to himself, it's fine by 2 witnesses
In BAYE', it is disallowed to become caretaker to both sides; in marriage, it is valid
And guarantee for man by bride's WALI that he'd pay MEHR is exception yet valid
NIKAH becomes FASID if there're no witnesses for it or if he marries sister-in-law
If QADHI ends NIKAH-FASID by order, MEHR isn't payable even if he had privacy
But otherwise with sexual relation conformed, he shall pay her the MEHR-MITHL
MITHL is what is of her paternal cousins'; she'd get lesser of MITHL & mentioned
She'd pass IDDAT & if she conceives, that child is the lawful offspring of the man
NIKAH is fine to Muslim girl (or true Christian girl); he'd avoid marrying any other
Note that though it's allowed to marry the practicing Jew girl, it is most detestable
Marriage is AQD for whole life; NIKAH-MAWAQAT is fine minus time-specification
He may marry 4 women at one time, yet he needs to see to their equal treatment
He must wait for end of IDDAT of 4th wife before he marries another in her place
If a man marries two women at one time within one AQD, both of them are valid
If marrying one was void (by relation of milk), it wouldn't occur but other is valid
Previous differs to BAYE'; that asked invalidity if AQD has 2 aspects & one is void
It's unlawful to divorce wife due to physical adversity, if it does not avert relation
But if he has skin's adversity like whiteness or/& other, she is liable to get divorce
If man is unable of sex-relation to wife, she's liable to ask divorce but after a year
In Previous, he'd pay total MEHR to her, if he did get the rightful privacy with her
If his impotency is due to incurable lack in organ, the divorce then applies W.I.E.
If non-Muslim girl accepts Islam then her husband accepts it too, NIKAH is intact
If he rejects it, QADHI would separate both ending the contract to their marriage
If the man converts to Islam & his wife is practicing Christian, the NIKAH is intact
If a woman accepts Islam at un-Islamic place but her husband does not accept it
Their marriage would terminate as three of her periods end, as that is her IDDAT
When a man accepts Islam & leaves un-Islamic land, it puts divorce to wife there
If they both leave un-Islamic land together then their marriage stands unaffected
If a woman leaves un-Islamic land becoming Muslim, her marriage ends instantly
In Previous, she may marry instantly entering the Islamic land without any IDDAT
However if she is pregnant, she must give birth to child before her marriage again
If Muslim man turns MURTAD, his wife instantly gets out of NIKAH, & it is FASKH
In Previous, If MEHR is unpaid with privacy availed, he'd pay it full otherwise half
No woman is to marry him; she's blessing of Allah & he'd not get it insulting Islam
If one of non-Muslim couple turns Muslim, their infant de-facto becomes Muslim
NIKAH is ruled intact & valid, if both of non-Muslim couple accept Islam, together
In Previous, if his wife is unlawful by Islam to remain as wife, he needs to divorce
Man must be just in wives' rights by intention, as distribution of nights b/w them
He isn't liable to equality in giving days b/w them, nor in love he may have of one
One of wives might leave her turn at night in favor of other, by her own free-will
In Previous, she may reverse approval to her husband to omit her turn at nights
RADHA'AT is sucking milk from woman, who becomes as mother to child by milk
RADHA'AT is proved to 30 months (A.H.); better is when it's 2 years (SAHEBAIN)
RADHA'AT is proved even by one suckling only of the infant in mentioned period
After mentioned period, it's HARAAM to feed milk to infant, & it's not RADHA'AT
She mustn't feed her milk to any woman’s child, without consent of her husband
AZJANIBE SHIRDAH HAMKHISH SHWAND WAAZJANIBE SHIRKHAR ZAUJANOFRO
Previous is poetic verse (Persian); it notes, to whom NIKAH is void by RADHA'AT
Infant milked is as her own child to woman & husband; rulings apply accordingly
He is prohibited to marry them or their specific close relatives as told by the rule
The rule here says that HARAAM by NASB are HARAAM to him by RADHA'AT too
There are two exceptions to the rule mentioned in Previous; those are as follows
It's valid for him to marry the mother by milk, of sister by milk, if she's unrelated
So "A" (boy) & "B" (girl) are related by milk; but "B" is fed by another woman too
As "A" was not fed by that second woman unrelated to him so he may marry her
Other issue is of a man who marries sister by milk, of his son by milk, if unrelated
So "D" (boy) & "C" (girl) are fed by a woman; & "D" is fed by another woman too
Husband of that another woman has right to marry "C" as she is unrelated to him
The man is father by milk to the child, whom his wife feeds; she is mother by milk
Wife of his son by milk is his daughter-in-law; it's void to wed her even if son dies
Rulings about the child's marriage to man's close relatives shall apply accordingly
If she isn't in his marriage due to divorce, he does not turn father to child by milk
Those who are sisters & brothers by milk are same as brothers & sisters by NASB
So, inter-marriage is void for any of them & woman who fed them is their mother
Her close-relatives & of her spouse are theirs too as if they are offspring to them
If woman's milk is fed mixed in water lesser than water, RADHA'AT doesn't occur
In Previous, if the milk is more than the water in it, it proves RADHA'AT for infant
If it is mixed with medicine, same ruling applies, that lesser of medicine proves it
Same applies if woman's milk mixes with goat's milk, more of them decides issue
If the fed milk was from two women, it does prove RADHA'AT, for both to infant
If woman's milk is with foods, it does not prove RADHA'AT for him, even if much
If 2 infants are fed with the milk of one she-goat, it doesn't prove any RADHA'AT
If a virgin girl gets milk at breasts by some chance & feeds a child, it is RADHA'AT
A man may wed infant girl by her WALI's assent, without sex-relation till menses
If his adult wife feeds his infant wife both become unlawful as wives to him by it
If adult wife did it by intent, she'd pay half of infant's MEHR, otherwise she'd not
Marriage of couple is void on the testimony, that both were fed by same woman
In Previous, the testimony shall only be valid if a man & two woman provide that
But in case that only 2 women testify to it, it's not binding yet avoidance is better
TALAQ means divorce that ends NIKAH; it releases bondage of a rightful marriage
TALAQ is man's right of 3 pronouncements for life; he may reverse it up-to 2 only
Note that in NIKAH, in TALAQ, in RAJ'AT, verbal statements have high significance
Verbal statements set-up NIKAH; & TALAQ too but this is the explicit right of man
In HF, TALAQ has 2 kinds; by SUNNAH & by BID'AH & former too has its two kinds
Former is divided into 2 forms; HASAN (its good form), & AHSAN (its better form)
TALAQ is detestable, but HASAN & AHSAN mean the due manner to pronounce it
HASAN is when she is in state of cleanliness in which he hasn't made sex- relation
That state of cleanliness is b/w her two menses & it is mentioned as TUHR for her
After getting verdict of TALAQ, woman has to spend three periods, as her IDDAT
She'd not marry again before end of IDDAT; it stays till last day of her 3rd menses
HASAN asks few conditions; First, it’s given in TUHR (Cleanliness) else it is BID'AH
Second is that he has not made sex-relation with her, in her period of cleanliness
Third is that he has not made it even in the last menses-period; it’s HARAAM in it
Fourth is that he pronounces it one time, in each of her 3 clean periods of IDDAT
IN AHSAN, only the fourth differs as he pronounces it once only in her first TUHR
Even in AHSAN, it finalizes after end of her 3rd period; it's reversible in her IDDAT
TALAQ is of 3 types that are TALAQ-RAJ'AI, TALAQ-BAAEN, TALAQ-MUGHALLAZA
RAJ'AI (reversible) occurs when it is clearly said once or twice in most plain terms
In RAJ'AI, he may reverse his verdict by his verbal note or by sex-relation with her
He may reverse RAJ'AI only in due period of IDDAT; at its end, it becomes BAAEN
BAAYEN takes place when words for it are unclear yet intention seems very clear
BAAYEN also takes place, where terms for divorce has consolidating words for it
BAAYEN also takes place when it is to the wife to whom he hadn't got privacy yet
It is the man's exclusive right of 3 pronouncements & he may reverse it, if lesser
At the third pronouncement, he loses the right to its reversal; it is MUGHALLAZA
BAAYEN ends marriage; he may marry her again but with her consent again now
He may marry her in IDDAT at BAYEN & he has lost right to one pronouncement
In Previous, she will marry any of men who proposes her after end of her IDDAT
Marriage is relation of love more than contract; if that is gone, it’s unsuccessful
If man (who divorced her) asks her to marry him again, she may accept him too
In BAAYEN, marriage ends; in IDDAT or after it, they may marry again if they will
Difference b/w RAJ'AI & BAAYEN is former is simply presented, latter is complex
Another difference is that former is clear in words; latter asks for its clarification
Still another difference is former doesn't end NIKAH at IDDAT; latter ends W.I.E.
Similarity is that both are reversible in IDDAT; former by words, latter by NIKAH
Other similarity is that he may marry her again by her consent even after IDDAT
If BAAYEN needs clarifying, his intention is valid to note except if that is obvious
In both types, TALAQ stated may either be for one time or two times, not more
An exception is that though TALAQ is counted to 3 yet BAAYEN has some detail
If he states obscure words first & again he says similar words, 2nd isn’t counted
TALAQ-BID'AH is that 3 TALAQ are said at once, in TUHR or menses; he is sinner
In Previous, MUGHALLAZA occurs, & NIKAH ends without any option to reversal
AHLE-HADITH vary that at one sitting, TALAQ occurs only once even if said more
If he hasn't had privacy to wife yet, he may divorce her even if she's not in TUHR
If free of menses, being not at age or advanced age, her IDDAT is 3 lunar months
If at advanced age/pregnant, she might be given TALAQ after sex-relation to her
TALAQ occurs even by jest, even at anger, even if pregnant; she can’t reject that
If he gives TALAQ at menses, he must reverse it & wait to state the 2nd till TUHR
Woman's security lies at the man's statements; his respect lies upon her chastity
Ahadith indicate to care much for the tongue & private parts to achieve JANNAH
In BAAYEN needing clarity, intention of man is asked; his words have validity in it
But his intention decides in it for one or three; it's invalid if he says he meant two
Man's intention in BAAYEN is valid except where the situation rejects him clearly
RAJ'AI means reversible; BAAYEN also is reversible, but it asks to marry her again
HF tells if someone is forced to pronounce TALAQ it'd still have validity if he does
In Previous, if he only writes it down without saying "TALAQ", it would not occur
If man relates TALAQ to an act of his wife as condition, the act does put it on her
Man's count for TALAQ, any type, is valid; for IDDAT, Woman's word has validity
Ruling of AHLE-HADITH has worth; at one sitting, it is only one, even if said more
But all 4 IMAM agree that 3 TALAQ puts all 3 to wife, even if that is at one sitting
In Previous, the best ruling is what AHLE-HADITH have at this very notable issue
At one sitting, TALAQ is better to take as one only, even if he utters it many times
In those days, TALAQ didn't put a woman to insecurity as she remarried instantly
Also, divorce wasn't disgrace for her as now; that enhances insecurity she incurs
Then, he bore brunt of adverse words; & now, it's unjust to her who bears those
The 'URF and the intention, both had notable value at the times of Prophet PBUH
Better certainly seems that ULAMA save relations, rather than ask to break them
TALAQ to wife to whom privacy is not yet availed, is BAAYEN & it needs no IDDAT
Time affects TALAQ; man can't give it to woman not his wife at the time by ruling
If man says to wife tomorrow she is divorced; she gets it as FAJR breaks next day
If he divorces by saying "at that place", she is divorced whenever she goes there
If he permits TALAQ to her & she puts it on herself in the same sitting, she gets it
In Previous, if she takes-up a task or changes rooms, she loses right she has for it
And if she does put it on herself, it would occur as RAJ'AI, considered as one only
If he delegates right to divorce herself anytime, she has the right to use it, by will
He has to delegate this right at or after marriage as it’s void to delegate it before
Leaving it to wife asks as RAJ'AI; she has no right to divorce him as it's unfeasible
She does get the right to divorce herself by him but it's to put it onto herself only
By the Previous, the man does not lose right to divorce her, as he basically has it
QUDURI tells if husband intended 3 & she puts all on herself, it would take place
Previous needs revision as allowing BID’AH by will is bad; it always is one RAJ'AI
If a man in good health gives BAAYEN, she is not his heir, even if he dies at IDDAT
If a man faces ailment of death & gives BAAYEN, it'd not bar her being heir to him
If a man gives TALAQ attaching insha-ALLAH in his speech, it does not take place
RAJ'AT is to accept wife in IDDAT, as still in his marriage, after the TALAQ clearly
His acceptance maybe by words or by any act that he is allowed as her husband
Wife's objection to RAJ'AT is of no consequence; her husband only decides for it
It is better that he makes 2 witnesses on TALAQ & on RAJ'AT for clarity in issues
If husband says after IDDAT that he did make RAJ'AT & his wife agrees, it's valid
In Previous, if she denies his statement about it, her word is valid, without oath
Word of the wife only values for disclosure of end of IDDAT as she knows it well
As his wife ends her 3 period of menses fully after TALAQ, her IDDAT ends there
End of her IDDAT is marked by 1st SALAAT she reads after her bath at cleanliness
If she didn't take bath ending 3rd period & time of a SALAAT elapses, IDDAT ends
If after her bath a section appears dry, he still has right to RAJ'AT till next SALAAT
At RAJ'AI, he must ask permission of entry to room, so RAJ'AT occurs only at will
After TALAQ, she has to live at husband's place, till at-least the end of her IDDAT
If man pronounces 3 TALAQ to wife, he can't marry her again like in other types
If she marries other who divorces her or he dies, he may marry her after IDDAT
In Previous, ruling is fine even if 2nd husband was teenager but got due privacy
If these three, husband, wife & 2nd husband, agree upon TALAQ, it is HARAAM
Her word is valid if she tells the previous husband, she did marry, & is divorced
If the elapsed time allows it, he is rightful to marry her again by mutual consent
EELA is the oath of man not to make sex-relations to wife, at-least for 4 months
Without such oath, EELA does not occur even if he avoids her, for much of time
He'd need KAFFARAH (fines on it) if he has sex-relations to her, in the 4 months
KAFFARAH is that he frees a slave or clothes 10 needy ones or feeds 10 of them
If he's unable to provide KAFFARAH then he would keep three consecutive fasts
With such oath, his wife gets BAAYEN as 4 months elapse and he keeps his word
He may marry her again after 4 months, but if oath is to all future, it doesn't end
After he marries her again, he shall pay KAFFARAH before making of sex-relation
He must refrain from all such oaths ahead so as to keep his good marriage intact
If he's unable for sex-relation to end it (by illness; distance), he may state plainly
He may opt for EELA or ZIHAR or BAAYEN, by saying that she is HARAAM on him
So this needs that he clarifies such statement, which is acceptable in this matter
KHULA' is the contract ending marriage that is asked by the wife to her husband
It puts BAAYEN to her; she has to return MEHR or pay some amount to husband
Marriage has aspect of EHSAAN (love) too, even if asks ADL (contract) b/w them
If both intend to separate, man must give her TALAQ without asking for amount
If man does ask amount to accept her advice (KHULA'), it has to equal her MEHR
In Previous, if he asks more than MEHR by her, KHULA' is valid but he's blamable
He's disallowed to ask any of HARAAM things as returns upon giving her KHULA'
If wife asks KHULA on unseen amount and he accepts, she'd pay him MEHR back
If wife asks MUGHALLAZA for 900 DIRHAM, her husband may give her only one
In Previous, she'd pay him the 3rd of 900 she had offered; it equals 300 DIRHAM
Any condition taken to extent where it fulfills its task, is as good as totally fulfilled
So in 3 articles of same value, one only maybe taken if it suffices for the necessity
By getting one TALAQ from him is enough for her; she's free of bond after IDDAT
But If husband asks to put 3 TALAQ to herself on 900 DIRHAM, and she puts one
It has no effect; she has violated the condition for TALAQ, which already is FASID
If man speaks of relations as MUBARAAT at KHULA's demand, he accepts KHULA
MUBARAT denotes separation; they'd mutually decide allowance she'd give for it
ZIHAR is to speak of a part (as back) of wife, as similar to same part of MEHRUM
MEHRUM means those women whom the man is totally disallowed to marry ever
ZIHAR occurs if he says of wife she's like his mother, sister, aunt to him, in ruling
It's specific comparison to his MEHRUM; not that she is his mother or looks alike
If he says that she's his mother, that's fib; if she looks like his mother, that's fine
ZIHAR asks KAFFARAH; he must free a slave before making of sex-relation to her
If unable, he'd fast-on for 2 consecutive months, for KAFFARAH (compensation)
If unable to such KAFFARAH too, he has to feed 60 of the needy persons 2 times
It's valid for him to feed a needy for 60 days or 10 needy for 6 days 2 times daily
ZIHAR used to make wife HARAAM forever; Islam allowed KAFFARAH giving ease
If the man at ZIHAR commits sexual act with wife before KAFFARAH, he is sinful
But Previous doesn't ask any punishment at world; he must ask Allah for pardon
If he has 2 wives and he makes ZIHAR to both, he'd pay KAFFARAH for each one
In Previous, one KAFFARAH allows relation to one of wives only as he wills, by it
LI'AN is to curse someone so that he/she falls far away from the blessing of Allah
It applies to man & wife as each testifies on other if man charges wife of adultery
She may file case against him on this charge or if he rejects new-born as his own
If he does not have 4 witnesses to testify for charge on his wife, he'd make LI'AN
He says 4 times, by Allah he is truthful; at fifth, he asks Allah's curse on him if liar
She says 4 times, by Allah he is liar; at fifth, she asks Allah's curse on her, if true
The man remains in focus yet curse would fall upon woman, if his charge is valid
QADHI would announce their separation for good; it asks end of marriage W.I.E.
If husband has been punished in QADHF or as liar before, his word loses validity
It means he charged someone of adultery & couldn't prove it; LI'AN is void then
If he accuses his wife and she goes to court, he has no option but to make LI'AN
If in Previous, he does not make LI'AN, he would officially be pursued to make it
LI'AN does not make any of them liable to any HADD (QADHF/ZINA) respectively
In fact, they save themselves from penalty of HADD by LI'AN against each other
QADHF is accusation of adultery at court; ZINA means adultery; both major sins
If the wife is non-Muslim or she is punished before in adultery, LI'AN is void then
In Previous, LI'AN doesn't occur, as it doesn't when he had been punished as liar
The man has to point at the woman as he makes LI'AN, so there is no doubt in it
After making LI'AN to each other, they separate; he would never ever marry her
Low character is never capable to fulfill high demands of the Islamic Morals ever
LI'AN doesn't occur if the wife is not yet adult or is lunatic; no HADD occurs here
LI'AN doesn't occur if man or wife is dumb; and he/she wouldn't face HADD too
LI'AN doesn’t occur b/w them, if condition is attached to it as that makes it void
LI'AN occurs if the man charges his wife clearly that she has committed adultery
LI'AN occurs b/w them If the man charges wife of adultery just at the child-birth
But if his charge presents after much time of birth, the child then is his, officially
Valid period generally, if he doesn't accept it as his, is within 40 days of its birth
If twins are born & he accepts paternity to the first, LI'AN does occur b/w them
If he accepts it to second only, he gets HADD; & both officially are his offspring
IDDAT of TALAQ is count of 3 periods ; it is 3 menses; it may be 3 lunar months
IDDAT due to his death is 4 lunar months & 10 days with day of death as day-1
IDDAT of divorce is 3 ways; to woman who gets menses, it’s at end of 3 of them
Women who don't get it due to small/ripe age, it is to end of three lunar months
To her who is pregnant, IDDAT is to child-birth even if occurs just after his death
IDDAT occurs to that woman only with whom husband has availed valid privacy
So IDDAT at husband's death is 4 months-10 days; if pregnant, it's to child-birth
If husband divorces her as BAAYEN at death-bed, she is heir, if he dies in IDDAT
Her IDDAT in Previous is the longer one, that is b/w divorce & husband's death
If NIKAH is FASID, IDDAT on her comes according to ruling i.e. end of 3 menses
If husband, not yet adult, dies & his wife is pregnant (by sin), it ends at its birth
If someone divorces wife when she has menses, it is not counted in her IDDAT
If he makes sex-relation in IDDAT of BAAYEN, she will also start her 2nd IDDAT
IDDAT starts instantly after her divorce or husband's death, without any delay
If she was unaware of divorce & knew late, time elapsed also counts as IDDAT
Previous is also valid for IDDAT of husband's death as time elapsed is included
If total period of IDDAT elapsed counting from day-1, then she has passed that
IDDAT of FASID-NIKAH starts as husband wills to avoid sexual-relation with her
Alternately in Previous, it commences from verdict of QADHI to rule for divorce
IDDAT denotes gloom on her part as MUTALLAQA (divorced woman) or widow
So Muslim adult sane woman shall observe sadness & refrain from adornment
In RAJ'AI, her adornment for husband is recommended as he may make RAJ'AT
Muslim woman can't disclose herself to men with adornment, but for husband
In general, adornment is prohibited to her, when she leaves home for necessity
Perfume, powder, oils all are included in adornment and also attractive dresses
Woman at IDDAT mustn't be proposed yet a man may suggest inclination for it
MUTALLAQA shall stay home at IDDAT very strictly; widow may go out at need
Even widow shall return home as night falls, if she goes out for a genuine need
At IDDAT, she would be at nights at that place, where she had lost her husband
She as his widow, shall spend IDDAT there, if her share in property does permit
it is not allowed that he takes his divorced wife at travel with him, even if RAJ'AI
As NASB has the most significant value in Islam, it needs utmost care of Muslims
They will surely attempt to provide NASB (upright relation of the father) to child
If no option is left after best of attempts, then only child is taken as by sinful act
Note that least period for pregnancy is ruled as 6 months & the most, as 2 years
NASB is lawful within this time after TALAQ (or IDDAT) with no blame to anyone
If child is born within 2 years of TALAQ, the ruling asks to take her pregnant at it
In Previous If it was RAJ'AI, her periods are taken as lengthier & RAJ'AT accepted
So child-birth marks the end to her IDDAT, & her TALAAQ becomes BAAYEN now
If it's more than 2 years of TALAQ but not from IDDAT, it's valid; RAJ'AT accepted
If MUTALLAQA by BAAYEN, gives birth within 2 years of TALAQ, it's NASB is valid
In Previous, if she gives birth after 2 years of TALAQ, the child's birth is unlawful
If widow gives birth to child within 2 years of husband's death, it's NASB is valid
If known that a woman was pregnant in IDDAT, its NASB relates to her husband
So if man challenges its NASB that his wife didn't give birth to any child in IDDAT
In Previous, woman only needs one lady-witness at child-birth to reject his claim
If she gives birth to child within 6 months of marriage, its NASB is unlawful then
If she gives birth to it after 6 months of marriage, its NASB is valid if man accepts
If he rejects, LI'AN occurs; if he says she didn't give birth, a lady-witness suffices
For ZIMMI, their family-laws would be taken as totally applicable, at their issues
So if ZIMMI gives TALAQ to his wife, she may not pass IDDAT, if not their ruling
Marriage to the woman pregnant by adultery isn't void yet it is highly despicable
NAFAQAAT is expenditure by man on his wife & children; bread, cloth & shelter
Provision of necessities is her right on man by status of both; average is feasible
She has right to refuse sex-relation till he pays MEHR; NAFAQAAT isn't disturbed
If she's NASHIZA (leaves home when forbidden), she loses NAFAQAAT till return
NASHIZA means uncaring & disobedient to husband; she's under the man's care
Wife doesn't get NAFAQA if at small age (not yet adult), as it is not asked of man
If the husband is not yet adult, his adult wife is liable to NAFAQA from his assets
He has to pay NAFAQA to his MUTALLAQA in IDDAT whether RAJ'AI or BAAYEN
Widow's NAFAQA doesn't occur at assets of deceased husband but she's an heir
If she is divorced due to her sin, she does not get NAFAQA in IDDAT, but shelter
Also, she would not receive any of her NAFAQA in her IDDAT if she leaves Islam
If she does HAJJ withot his assent, imprisoned or abducted, she'd lose NAFAQA
QUDURI mentions imprisonment for women; that doesn't seem valid as of now
If the wife becomes invalid at husband's house (& it's hers too), she'd still get it
At this trouble, she's liable to get female servant if the husband is able to afford
She must get a separate room that she may live at ease without any of intrusion
The husband has the right to stop entry of any of wife's relatives, at their house
But in Previous, he is not liable to stop her MEHRUM near relatives, to meet her
Also, he has no right to stop his wife's visits to them; he may limit those at will
If he is unable to provide her NAFAQA by efforts, he'd have to provide by loans
If husband vanishes & a man has his assets, his near ones will get NAFAQA by it
In Previous, custodian to assets shall have guarantee of "no claim" at his return
At living by Islam, QADHI will ask him to give that in the absence of her husband
As he isn't liable to support other relatives, they don't get anything by his assets
At Islamic living, the wife may claim NAFAQA, or its increment, at QADHI's court
Even by favorable verdict, she will not get it, or increment in it, for time elapsed
But in Previous, QADHI may decide as exception to rule that he pays even for it
If husband died & didn't give it to her, even after months of verdict in her favor
In Previous, she would fully lose her right even, to claim it at the QADHI's court
On contrary, if he gives NAFAQA in advance & dies, she is not liable to return it
NAFAQA is such liability on husband, that even slaves gave to their slave-wives
Female slave (of other person) was also given that, if anybody took her as wife
NAFAQA for children is liability of the father only; & husband provides for wife
He must provide woman to feed milk to his infant child if its mother declines it
In Previous, she hasn't the right to ask amounts by its father to feed their child
In Previous, even if he gives TALAQ to its mother, she has more right to feed it
It is disputed if she can ask for UJRAH then being MUTALLAQA, yet it isn't good
If ZIMMI girl turns Muslim, her husband shall still pay for expense of their child
All children are taken as Muslims if any of man & wife do sincerely accept Islam
After TALAQ father is liable to care for the male child when he comes to 7 years
The ruling is that male child remains in mother's custody until he learns hygiene
So she'd have his custody before 7; if she dies or remarries, grandmother has it
If she even is not available then paternal grandmother gets his custody to care
If she even isn't available, his unmarried sisters get his custody to care for him
That sister is more liable to get his custody, who shares same parents with him
As for female child of divorced couple, she will remain with mother till menses
If mother dies or remarries, then grandmother/s would see to her in sequence
After she comes to adolescence, the father has right to her custody being WALI
The better ruling is that her custody remains to mother, until the girl is married
If mother is Christian, she will have custody of their boy till he picks-up hygiene
But she gets custody of her girl only until the girl gets the awareness of morality
She's disallowed to take the child to such place, that is inaccessible to the father
Man has to care for the sustenance of his father, mother & grandfather's family
NAFAQA doesn't occur for the non-Muslim yet the parents & wife are exception
In Previous, grandfather, grandmother, his offspring, are exception too at need
If both father & son of the needy are well-off, son is more liable to care for him
NAFAQA of close MEHRUM relatives at need, falls on him even if they are adult
MEHRUM are female relatives, to whom his NIKAH is void; he shall assist them
If he has special or crippled male relative, he shall care for him too even if adult
If a woman, MEHRUM to a special relative, is well-off, she shall assist him then
MEHRUM relatives have a share in his assets by MEERAATH (inheritance ruled)
NAFAQA for sustenance must be at-least equal to the share he has in his assets
Seems better to assist needy close relatives without any care to worldly returns
It's not due for adult offspring (male or married female) if he/she is not Muslim
Previous ruling tells that their assistance is unnecessary even if they're crippled
Previous relates to ruling yet even with this ruling, it's not invalid to assist them
He will not give NAFAQA to any if he himself is needy except for wife & children
If a man disappears, his parents may take sustenance from his available assets
In Previous, father may even sell current assets of the son for their sustenance
In Previous, if QADHI allows him to take loan on son's behalf, he shall pay that
At his return, he can't ask ZAMAN from his father, as he has right on his assets
If someone else somehow spends his assets, on return he may ask for ZAMAN
JINAYAAT (QISAS & DIYAT) - HUDUD
CRIMES are classified into three categories; HUDUD, QISAS & DIYAT, TA'ZIRAAT
Crimes in HUDUD are 5; adultery, accusation of adultery, drinking of wine, theft
Last is the highway-robbery & that may include mutiny against the Islamic State
HUDUD once proven have the prescribed punishments as commanded by Allah
QISAS & DIYAT relate mainly to commitment of murder and to inflicting wounds
QISAS & DIYAT remain to the affected sides, & are assisted by verdict of QADHI
QISAS means life for life & wounds for wounds; it's off by the payment of DIYAT
DIYAT is the amount where QISAS is inapplicable, as in an unintentional murder
DIYAT also is the amount by which the affected side spares the life of murderer
All sins either represent ZULM (all unjust); or/& either FAHSHAA (shameful acts)
Men must see more to avoiding the ZULM & women more to avoiding FAHSHAA
Punishments in HUDUD target both of these and QISAS & DIYAT target them too
TA'ZIR is the penalty, other than prescribed punishments in HUDUD & JINAYAAT
JINAYAAT is the term related to QISAS & DIYAT, (that are for murder & wounds)
It’s beneficial much to read the Legal-Issue at my paper "The Islamic Guidelines"
If Muslims apply the Islamic Judicial System, there'd remain no adversity at land
All praise is for Allah Who has set it for us; it's simple & simple is always the best
In JINAYAAT, murder is classified into 5 types; First of it is the intentional murder
Second of it is the Intention-Like; Third is by accident; Fourth is the accident-like
Last is unintentional-cause, as it occurs due to some reckless action of someone
Murder brings five rulings; QISAS; DIYAT; KAFFARAH; HIRMANIL-IRTH and ITHM
These five are not respective punishments to 5 types, & occur in different ways
HIRMANIL-IRTH is stoppage, when a heir is deprived of his share in inheritance
ITHM is the sin that falls on responsible person/s at the commitment of murder
Intentional Murder is identified by weapon used to kill; use of gun now clarifies
A thing that has sharpness to wound lethally, puts charge of intentional murder
But poison also is lethal where it kills someone; it relates to intentional murder
Intentional-Murder does not ask KAFFARAH (compensation) but asks for QISAS
So QISAS, HIRMANIL-IRTH, ITHM applies in it; QISAS is inapplicable onto others
QISAS is waived-off, if heirs to murdered person forgive the murderer by DIYAT
DIYAT in Intentional Murder is any valuable thing, to which they agree mutually
Intention-Like is where the murder-weapon is controversial & may not be lethal
So Previous occurs if it's committed by striking object, which isn’t lethal by 'URF
Intention-Like doesn't ask for QISAS yet DIYAT + KAFFARAH + ITHM occur in this
DIYAT is 100 camels of different ages, yet other ruling is to pay 10000 DIRHAMS
DIYAT is ruled today by taking MP of 30630 gm of Silver & it equals the Previous
KAFFARAH is to free Muslim slave (male/female) or fasting 2 months continuous
If responsible man in such type is an heir to murdered HIRMANIL-IRTH will apply
Accidental is when there is no intention to kill; it may be due to wrong judgment
Or it may occur when the action was due onto a valid target but hit some person
It asks no QISAS, HIRMAN, ITHM but only DIYAT (on AAQILAH) & also KAFFARAH
AAQILAH are near-ones, by tribal relations (or profession); they assist financially
HF rules that if he accidentally kills the person he is heir to, HIRMAN occurs at it
Previous seems to need scrutiny; HF at times invalidates man's word for himself
HF at times gives undue value to law than Muslims in general; trust must prevail
HF has ruling that if QISAS or KAFFARAH occurs on heir, it also asks for HIRMAN
Accident-Like is to kill without intention, yet by natural action of responsible one
Previous applies as a person in sleep, may fall on someone choking him to death
Ruling for Accident-Like is similar to the Accidental; so practically, both are same
Unintentional-Cause is such where an action of some leads to killing of someone
An example is when he digs a well without permission on way, & a man falls in it
It asks for DIYAT only & nothing else from other of rulings related to the murder
QISAS occurs on intentional murder if heirs reject DIYAT, but other types do not
QISAS occurs even if man murders a ZIMMI or a slave & even if he kills a woman
QISAS occurs, If he murders a child or crippled as the rule is general "life for life"
It doesn't occur where an unauthorized man kills someone liable to death by law
It doesn't occur where an unauthorized man kills refugee, who is at Islamic land
It doesn't occur if the murderer is child or lunatic who has murdered any person
It doesn't occur (& KAFFARAH too) if father kills son; DIYAT & HIRMAN do occur
Previous is exception; HF asks HIRMAN at QISAS or KAFFARAH; both are absent
It's not appreciable by Islam, to execute capital punishment by hanging in QISAS
If someone wounds anyone by lethal weapon, he faces murder-charge if he dies
If precision is hard, bones don't ask for QISAS; DIYAT of wounds is termed ARSH
If man breaks bone from joint, QISAS is possible by his same bone from the joint
Muscles or the soft part of nose & ear, would be compensated by same in QISAS
End to sight asks to end sight by HF; feasible now is that ARSH only, is asked in it
ARSH is better in the set-up as of now where DIYAT to loss of any part is feasible
But, if someone is much bold in wounding, Muslims would find ways to stop him
QISAS occurs in wound that maybe compensated equally so bones are excluded
QISAS (life for life; wound for wound) is due, if he kills a woman; DIYAT is lesser
Ahead, we discuss damage in parts & DIYAT and ARSH are used interchangeably
If a man causes loss of limb of woman, it asks for DIYAT (ARSH) only; not QISAS
The rule of QISAS asks that equality for punishment, is extremely necessary in it
HF rules that parts of both vary and QISAS asks equality that's absent b/w them
Other 3 FIQH rule QISAS as valid b/w man & woman in parts too as in their lives
QISAS occurs b/w the Muslim & the non-Muslim if the affected wills, at wounds
If someone inflicts lethal wound to someone, but he recovers, QISAS is off on it
If man with a useless hand cuts other's hand, ruling asks to cut his useless hand
If injury is inflicted at head & QISAS puts lesser mark then ARSH is better option
QISAS doesn't occur on wounds put at the tongue or the penis due to inequality
If heirs to murdered person make SULUH with murderer, it ends right for QISAS
If only one of heirs makes SULUH or forgives him, DIYAT applies in it, not QISAS
If group of men murders someone intentionally, QISAS occurs onto all in group
It's feasible if he gets verdict as QISAS in one of murders of many he committed
In Previous, there are many heirs and they all have to refrain from asking DIYAT
On death of the responsible person to crime, QISAS ends from him then & there
If 2 men cut the hand of one person, QISAS doesn't occur yet ARSH falls on both
If a man cuts right hands of 2 men & they both ask for QISAS, his hand is cut too
Both of them are allowed to take DIYAT from him too and to share it accordingly
If one of affected, presents case & gets QISAS, absentee at arrival gets all DIYAT
If someone kills a man intentionally & other too is killed accidentally by the shot
In mentioned case, he's liable to QISAS for the first & to DIYAT for the other one
Accidental murder asks 100 camels of different ages due to their different value
But, better to apply DIYAT in DIRHAM; it is 10000 in Intention-Like or Accidental
10000 DIRHAM (Silver Coins) is acceptable too by FIQH in both types of Murder
As of now, it amounts to the MP of 30630 grams of Silver; this is for both types
Whole DIYAT (ARSH) is applicable if the part cut ends whole of the facial beauty
Also, whole DIYAT occurs at the cutting of part that ends all faculty related to it
By Previous, total DIYAT occurs, if someone cuts soft part of nose or the tongue
Cutting the male part or inclining him to idiocy by hitting on head asks it totally
Shaving of beard such that it doesn't grow, asks for full DIYAT as it ends beauty
Likewise, the hair if they are shaved, that don't grow again, ask for full of DIYAT
Parts occurring at the body in pair, ask for total DIYAT together & one asks half
According to the Previous, the eyebrows ask for total DIYAT if both are shaved
Cutting both hands or both legs or both ears or both lips, all ask for total DIYAT
Damage to both testicles of man or both breasts of woman, asks total of DIYAT
For each finger (& thumb) of hand (or foot), DIYAT is tenth, with no bias at this
For each of teeth, DIYAT is twentieth part of whole, without any discrimination
Damage to one hand or one leg, such that it ceases function, asks half of DIYAT
Wounds at head are in different ways affecting person; each has its own ruling
Only wound that may ask QISAS here is MUDHI'HA; DIYAT to it is the 20th part
MUDHI'HA is that serious wound in which the bone comes to view very clearly
It's the only wound that asks for QISAS if affected one wills; others don't ask it
A wise capable honest man would decide for lesser wound specifying its DIYAT
Wound that breaks the bone, asks for 10% of DIYAT; if displaced too, it is 15%
In JA'EFA (wound that penetrates body at chest/back), DIYAT is one-third to it
If JA'EFA is all through making hole yet wounded survives; that asks two-third
If all fingers are damaged and they cease function, it asks for the half of DIYAT
If someone cuts the sixth finger of a person, it needs judgment by honest man
If someone affects tongue or penis of a child, it also does need such a decision
If by mistake, a man hits on someone's head, & that causes MUDHI'HA to him
With MUDHI'HA it affects his mental stability adversely so DIYAT occurs in full
If all hair is damaged by the hit, it asks total DIYAT with or without MUDHI'HA
If he loses hearing, sight or speech, DIYAT (ARSH) is total with additional ARSH
The rule of QISAS asks that equality in punishment is extremely necessary in it
If someone breaks a tooth of a person but another develops there, ARSH is off
If the affected person recovers fully & there is no mark of wounds, ARSH is off
So now, if affected gets the total payment of treatment, it may substitute ARSH
If hair ceased to grow by hit yet with time, the affected did grow it, ARSH is off
But in issues where he recovers, the afflicter would pay all his expense on cure
If by damage to part another is affected too, both ask for ARSH, & QISAS is off
QISAS doesn't occur until the recovery of wound, as then only the issue is clear
If someone recovers from deadly wound, then the afflicter kills him by mistake
In Previous, the afflicter would pay DIYAT for the wound & also the total DIYAT
ARSH if lesser than twentieth part would be paid by the liable person to wound
If amount is more than twentieth part, ARSH is assisted in that by his AAQILAH
Woman is liable to ARSH lesser than half of twentieth; in more, ARSH is assisted
AAQILAH assist financially in DIYAT (ARSH) only if wrong is done unintentionally
If someone confesses to wrong that asks for DIYAT then he himself is liable to it
IQRAR to wounds or making SULUH with affected asks for immediate payments
If father murders his son intentionally, he'd pay DIYAT within 3 years by himself
DIYAT to murdered person is ruled as his left property; it'd be paid to heirs duly
If child or Lunatic kills a person even intentionally, it asks DIYAT from AAQILAH
If someone is liable to pay for Unintentional-Cause, AAQILAH would pay DIYAT
In Previous, if valuable animal dies by cause, he would pay ZAMAN to it himself
If ridden animal (or vehicle) kills someone, that is in driver's control, he is liable
In animals, rider is liable to any damage by its parts that are in front, in his view
Being unintentional, the damage due to animal (or vehicle), asks only for DIYAT
If someone drives chain of camels that kills a man, DIYAT is on him & his helper
QUDURI narrates rulings in JINAYAAT for slaves too that our study would leave
If wall (or building) is about to fall & owner is asked to demolish, he has to do it
If that hurts or causes loss by fall & witnesses testify, that he was asked of that
If loss is incurred after information & he got time to demolish, he shall pay loss
If two riders (or drivers) clash by mistake, death of both asks for DIYAT of both
If man hits pregnant woman & she lays down her pregnancy; he'd pay ZAMAN
In Previous, he'd pay the 20th part; and if the woman dies, the total DIYAT too
If woman dies before laying down pregnancy; demand only would be of DIYAT
If pregnancy was alive at birth & died afterwards, total DIYAT occurs upon him
KAFFARAH is to free a Muslim slave, or he would fast for 2 months continuous
QASAMAT is taking oath of 50 men from area where a man is found murdered
These 50 persons must not include women & children; WALI shall choose them
Each of these would take oath that neither he is responsible nor he knows killer
Oath removes any claim of QISAS from persons at vicinity yet they'd pay DIYAT
If someone denies oath, he shall be pressed; either he takes it or indicates killer
If there is no mark to take him as murdered, there occurs no QASAMAT for him
If blood flows from his nose, mouth or anus, QASAMAT is off at such indication
Previous tells that he may have been victim to an ailment that has affected him
Absence of QASAMAT tells clearly postmortem isn't worthy at the Islamic setup
If blood flows from eyes or ears then he'd be taken as murdered at that vicinity
If man was passing there on an animal (or vehicle) with driver, QASAMAT is off
In Previous, the driver is responsible to DIYAT until he clears him by valid proof
If a person is found dead at house, it's owner would be asked for his QASAMAT
DIYAT occurs until he clears him by valid proof; only owner takes-up QASAMAT
A.Y. rules that all owners (previous or current) of site, need taking of QASAMAT
If a person is found murdered at ship, all present on it would take-up QASAMAT
If a person is found murdered at a small Mosque, QASAMAT falls on the vicinity
If found at the main road used by all or at a huge Mosque then QASAMAT is off
DIYAT in Previous is payable by BAITUL-MAAL (Government Treasury), for him
If found at jungle in control of Muslims with no buildings near, QASAMAT is off
In Previous too, DIYAT for him in such position becomes payable from treasury
If found b/w 2 towns, the near-one shall be asked to take QASAMAT about him
If found inside waters of river that flows the corpse; there occurs no QASAMAT
If found near the bank not flowing in waters, QASAMAT occurs on nearby town
If WALI of murdered accuses one of vicinity as liable to it, QASAMAT still occurs
In Previous, if he accuses a person who isn't at vicinity, QASAMAT is off from it
If blame falls to a man amongst them, he shall take oath, mentioning innocence
MA'AQIL is plural & related to DIYAT; this section relates to those, who pay to it
Helpers to man are named as AAQILAH (MA'AQIL) who stand for him financially
DIYAT falls upon a person on the four types of murder except for the intentional
Intentional may ask DIYAT too if heirs to murdered take it leaving claim to QISAS
AAQILAH mostly relate to the affected person, by his family or by his profession
If persons at AAQILAH are many, each pays meager amounts within three years
Each one of them may provide 4 DIRHAMS in total within 3 years; that would do
As noted if DIYAT is lesser than twentieth part of total DIYAT, he'd pay it himself
AAQILAH would not pay for SULUH the murderer makes with heirs of murdered
AAQILAH would pay if a person murders a slave by mistake, assisting financially
HUDUD are specific punishments (of 5 crimes) that are given as ordered by Allah
These are ZINA (adultery), QADHF (accusing someone of ZINA), becoming Drunk
And last 2 are the Brutal-Robbery (includes active revolt against Islam) and Theft
In HUDUD, doubts change it to TA'ZIR; first 2 do need 4 virtuous witnesses for it
Witnesses to first shall have most virtuous character who fulfill conditions for it
ZINA only occurs if the sin/crime is done the normal way & seen by all witnesses
All witnesses must have seen the act most clearly without any doubt about that
These witnesses must have good eye-sight; they must have an angelic character
If a person accepts ZINA 4 times on his self, his acceptance is valid in view of law
In Previous, confession shall occur 4 times in separate sittings in front of QADHI
Verdict to ZINA by MUHSAN is taken as RAJM (stoning to death), if that's proved
MUHSAN is married person who is Muslim, adult, sane, free and validly married
He must have had the privacy with his wife; & unmarried person gets 100 lashes
HADITH mentions RAJM but it needs detail; please see - "The Islamic Guidelines"
If witnesses back-out or the person denies confession at execution, it's called off
Other than MUHSAN is given 100 whips as punishment to ZINA by ordinary whip
It is provided by balanced hits at different places at the back with SATAR covered
SATAR for man is from belly to knees; he is not hit on head, face & SATAR in front
SATAR for woman is whole physique; she'd be punished sitting, at closed quarter
Punishment of man is to be witnessed by some men; of woman by some women
Its execution would be by a man for the male; by a woman for the female strictly
In Previous, though not wrong if female is hit by male, yet its avoidance is better
Person who had confessed to ZINA may reverse statement even at his execution
In Previous, his reversal would be accepted & the execution would be called-off
If one of witnesses from the 4 takes his statement back, all 4 would face QADHF
If Previous is at RAJM in front of QADHI, his verdict is called-off instantly in that
If one of such witnesses backs-out after its execution then he only faces QADHF
He'd pay fourth of DIYAT; in verdict of whips too, one backing-out has to face it
If witnesses are lesser than 4 or turn so by backing-out at RAJM, all face QADHF
QADHI wouldn't give more punishment than specific to HADD as it is disallowed
Execution of verdict for HADD is postponed, for invalid man & pregnant woman
Time-Factor has importance at charge of ZINA; it would be within a few months
ZINA occurs only if that crime is done the normal way and seen by all witnesses
Doubt asks to change it to TA'ZIR; doubts may occur due to misunderstandings
It may even occur as someone does it taking it as his right & it actually is not so
Misunderstanding may occur by error to realize situation; it leads to the wrong
It's probable too he takes erroneous ruling on an issue & does this wrong thing
In Previous, HADD doesn't come on him but TA'ZIR; it still remains highly sinful
Drinking KHAMR or losing senses by another drink leading to it, asks for HADD
Being drunk by taking NABIDH (dates-water becoming viscous) asks for HADD
Wines made by grapes (KHAMR) to lose senses ask for HADD even if taken little
Others known as wines (SAKAR) ask HADD when they lead to the drunken state
HADD doesn't occur just by its smell from the mouth or by seeing it in the vomit
If he confesses to Wines (KHAMR; SAKAR) & takes it back, HADD is off from him
If a man confesses to drinking, but he has no smell at mouth, confession is void
HF asks for 80 lashes as its punishment; SHAFA'I asks for 40; that seems better
HF tells that one time confession of man for drinking of wines is sufficient for it
Previous seems to need scrutiny; it is not in accordance to number of witnesses
QADHF means to throw; in HUDUD, it is to accuse someone of ZINA at the court
If he’s unable to prove his accusation, punishment is 80 lashes but with leniency
Accused person must be adult, sane, Muslim, free, clear from blame of adultery
No-one shall be called a son by adultery; speech needs caution in Islamic set-up
Affected person may file QADHF against such accuser even if his mother is dead
If deceased is accused, person affected adversely at heir-ship may claim QADHF
Even if the person affected negatively is not Muslim, he has the right for QADHF
If accusation of adultery entered at court, is taken-back, such reversal is invalid
Words which are not clearly abusive of adultery do not lead to HADD of QADHF
If a person is blamed due to making sex-relation to wife whom he gave BAAYEN
In Previous, the blaming person would not face any charge of HADD, of QADHF
If woman is abused who had made LI'AN as husband denied child born to them
In Previous, it's highly wrong yet HADD of QADHF to such abusive person is off
If someone abuses to something other than adultery, that would ask for TA'ZIR
If an act is HARAAM; it is taken abusive by 'URF; & done by the will to disrepute
So these jointly lead to TA'ZIR; so calling a man an ass in speech, is out of TA'ZIR
TA'ZIR may ask for lashes (up-to 39), imprisonment & monetary fines to person
HF rarely asks monetary fines; & verdict to prison seems good to 8 months only
Flogging is better in anything of shameful nature; justice needs to implement it
QUDURI says if he dies by lashes he’s given, it asks no claim; this needs scrutiny
SARAQA (theft) & QAT-UT-TARIQ (Highway Robbery), also are 2 issues in HADD
Former is named as SARAQA-SUGHRA (lesser theft); latter KUBRA (higher theft)
Conditions to theft are it occurs on 10 DARAHIM (least) taken from a safe place
Ten DARAHIM is MP of 2.75 TOLA silver; for now, it's better as ZAKAAT's NISAB
Homes of Relatives & places accessible to person, aren't protected sites for him
QUDURI tells if a person confesses once, it is sufficient proof; this asks scrutiny
Witnesses needed are 2 in SARAQA; he shall confess to it, at 2 different sittings
Petty things anyone takes for personal usage, are excluded, as fish from waters
Edibles like milk, fruits, meat do not put charge of SARAQA; they are necessities
Things sacred don't ask for HADD of theft; the thief may get some spiritual gain
Things to avoid are out, giving him the benefit that he took them to dispose-off
Kidnapping of child isn’t included in theft yet it's better to put at QAT-UT-TARIQ
In Previous, if the child has gold or silver on it, it is not SARAQA as addition to it
Books & Registers having knowledge & useful information are excluded from it
QUDURI includes Accounts-Registers of businesses; their exclusion too is better
SARAQA of dogs & music-instruments don’t ask HADD, due to benefit of doubt
Leopards are also excluded from SARAQA (perhaps they also were tamed then)
Precious wood in someone's custody asks HADD if stolen from protected place
If a common item that is turned to something precious, is stolen, it asks HADD
Thugs, Deceivers, Snatchers, Ruffians, aren't thieves by ruling & ask for TA’ZIR
Taking things from Government treasury or where his access is valid somehow
In Previous, he is wrong-doer yet no thief by ruling; HADD is not implemented
Protection poses in two manners; protection by placement and by care-taking
Anything kept at home is protected & the latter applies if it is in care anywhere
If a site is accessible commonly, it isn't protected, & HADD doesn't apply there
QUDURI tells, if a thief gives stolen items to one out by a hole (window, shaft)
Technically, both evade HADD; thief inside didn't take it out; other didn't steal
Previous is technical and form of theft; so even in such, justice would prevail
QUDURI tells if he steals just by inserting hand, inside some hole that he finds
This issue doesn’t ask HADD but TA'ZIR as it isn't theft; this matter has validity
Stealing away valuable goods on an animal (or vehicle) puts HADD on its doer
If there are more than one at stealing goods, all would certainly face SARAQA
If someone picks huge amount from sleeves/pockets, he would face SARAQA
If someone steals amounts from some chests by hole, he would face SARAQA
HF asks to cut right hand for theft so he'd get care to its healing instantly then
HF tells If he steals 2nd time, his left leg is cut; & for the 3rd, he is imprisoned
In Previous at first, better seems to cut his right-hand fingers (not the thumb)
Second time, it still is an HADD that asks for total right hand to be amputated
Third time, it'd be TA'ZIR; it's better to study "The Islamic Guidelines", for this
Owner to stolen items, must file case himself & must be present at execution
One from whose custody, items are stolen must also be present at execution
If owner gives stolen item or sells to thieves after verdict, verdict is void then
Previous implies that his hand is spared as the deal applies, prior to execution
If same item is stolen again by same thief, it doesn't ask for HADD to him now
If thief has used the stolen item, he is not liable to pay any ZAMAN for its use
If he has the same with him, he would return the same to owner the way it is
If the thief proves what he stole is substantially his own too, HADD to it ends
QAT-UT-TARIQ is Brutal Robbery where help against it is futile, or impossible
Highway-Robbery is included in it, & shows their conviction to Might is Right
Mutiny against the Islamic-Administration, is also included in QAT-UT-TARIQ
Kidnapping of any person at Islamic place, needs including in it to give justice
If they are caught while they have murdered anyone committing the robbery
They'd face robbery & murder, & maybe killed in HADD; asking QISAS is void
If they loot & each one receives up-to NISAB of theft; it is the QAT-UT-TARIQ
They'd get one of 4 punishments which are mentioned in Surah-MAE'DAH-33
Killed without mercy, or crucified, or hand & leg cut (opposite side), or Exiled
If crucified, they'd remain hanging 3 days, so that people note consequences
If robbers had a child or a lunatic in them then HADD is relaxed from them all
If they had someone who is relative to robbed person, charge for it is relaxed
Robbery in Previous is off, yet at charge of murder, QISAS & DIYAT shall occur
If a robber kills someone at robbery, all robbers will face charge of his murder
Islamic criminal law is practicable even now that needs commitment to apply
The matrimonial Issues & the criminal law at MUKHTASAR-QUDURI end here
Islamic criminal law is the only code of law that removes evil; Al-Hamdu Lillah
Al-ASHRIBA - SAID - UDH-HIYYA
AL-ASHRIBA is the plural of SHARAB and it means all of liquids that are taken-in
This section presents rulings for four of AL-ASHRIBA which are most prohibited
KHAMR (Grapes-Juice) that affects tongue acutely; it is boiled, viscous & frothy
ASEER (Grapes-extract) boiled such that it dries & remains lesser than two-third
NAQI-UT-TAMR (SAKAR); it's viscous date-extract boiled to affect tongue acutely
NAQII-UZ-ZABIB (Resin's extract) is boiled & is frothy to extent that it intoxicates
Previously mentioned four are HARAAM to take-in and the first-one is mainly so
First is prepared by keeping juice of grapes for a long time & sometimes buried
QUDURI tells except first, others are HARAAM only if they lead to drunkenness
NABIDH (water with sweetness) by Dates or Resin is fine even when boiled little
SAKAR means the intoxicating drink & TILA is intoxicating concentrate of Grapes
NABIDH prepared by honey or fig is fine to use, & also by wheat & barley is fine
Grapes-TILA if boiled more than two-third, changes it so as to make it fine to use
Drinking something taken as wine by ‘URF & losing sense by that asks for HADD
If wine is made or turns vinegar, it's fine; (SHAFA'I) invalidates it if made by will
Now, best is that little of refined wines by Grapes, Dates & Resins, are HARAAM
So it's better to term these 3 as KHAMR; little of them lead to HADD, if taken-in
Others would ask for HADD only if they do intoxicate the drinker taking them in
Now as wines are specified, all strictly have to be avoided; law must see to that
If utensils used for wines are washed & no other are at hand, they may be used
SAID means hunting; here QUDURI presents hunting by trained animals, as dog
Leopard & Falcon (Kite) may be trained for hunting; their attitude denotes that
Animals trained do not run-away with the catch, while the bird responds to call
If it dies at attack by animal/bird left on it by name of Allah, it still is valid to eat
Slaughter of edible animal is by two ways; first is by sharp knife by Allah's name
Other is where trained animal or bird is set to hunt an animal & it acts like knife
if Allah's name is not taken at leaving of Previous on an animal, it'd be HARAAM
The hunted animal is HARAAM, if its blood does not flow-out & it is found dead
If animal eats from it; it's HARAAM to eat; if hunter-bird eats it, it may be eaten
If the practicing Muslim hunter forgets saying Allah's name, eating it is still valid
If the catch is found with life, it must be slaughtered first way to validate it's use
If an animal chokes to death and its blood does not flow out, it's not valid to eat
If an untrained animal accompanies the trained one; the hunted is invalid to eat
If arrow pierces hunted animal by Allah's name & its blood flows, its use is valid
If arrow hits it without piercing it, it has to be slaughtered the first way to eat it
So, in Previous, if it falls dead by the arrow hitting it, it's invalid to eat it or use it
If hunted ran-away but found early without any mark but of the arrow, it's valid
If it was hit & fell in water, it's invalid to eat as its death maybe due to drowning
If an animal is hit & fell down then fell again from there & died, it's invalid to eat
If an arrow hit it by its width, it is invalid to eat, unless slaughtered the first way
If an animal is hit by stone hard & it dies, it's invalid to eat even if its blood flows
Previous seems well in bullets too; it is invalid unless slaughtered prior to death
If arrow kills an animal & cuts off a part, that is invalid but the rest is valid to eat
QUDURI tells allowed & disallowed if it's cut more than a part & dies by its effect
In Previous, if it kills it cutting-off major part, better seems now that it's left fully
If hunter doesn't believe that Allah is the only true Lord, his hunt is invalid to eat
If a Muslim hits an animal & it doesn't affect it but another among Muslim kills it
So the animal mentioned falls due to hit of the 2nd but it is to be taken as of both
If the shot of a person affects it, so that it's easy to catch, but still another kills it
In Previous, it's for the first one & it'd be HARAAM on both; 2nd will pay ZAMAN
An animal inedible yet usable in medicine (except the swine), is well to hunt for it
As of now, animals slaughtered by good Muslims only in valid way are fine to eat
If someone is in EHRAAM (travelling by intention of HAJJ), his hunting is not valid
For slaughter of animal, sharp knife must cut b/w neck & upper part of the chest
Slaughter needs cutting of 4 of pipes; HULQUM (trachea), MARI'UN (Esophagus)
Last 2 of these are near to previous 2, and are termed WADAJAN (blood vessels)
With any 3 of these 4 cut, the slaughter is done & the animal is valid to eat & use
Slaughter needs that blood flows-out by a sharp knife or by its worthy substitute
It's despicable to cut the whole of head, but not despicable to eat such an animal
If animal is cut from back of neck & required site is cut before its death, it is valid
In Previous if it dies before cutting of the needed site, it becomes HARAAM to eat
For tamed animal, the only manner by which its slaughter is valid, is the first way
If the tamed animal gets wild, it's well to slaughter it by an arrow i.e. the 2nd way
It is better to slaughter a camel letting it stand (NAHAR), striking by a sharp knife
But it's better to slaughter other animals by laying them down with a sharp knife
If after the slaughter its cub or lamb is found dead, that is HARAAM to eat or use
Animals having hunting teeth and birds having hunting claws, are not valid to eat
Previous tells that hunting animals and birds feeding on meat are not valid to eat
Birds/animals eating grass are valid to eat; but those that eat of dead are invalid
Eating of huge lizard (that lives on less water mostly at deserts); is invalid to eat
It's better not to eat horse, though reluctantly allowed by HF & rabbit is allowed
Skin of the swine is not allowed to use due to filth; human-skin is disallowed too
The mankind has sanctity never to be violated; filth may be used at utmost need
Domestic asses/mules are disallowed to eat; some allow the wild asses by FIQH
From waters, only fish is allowed to eat but it's not edible if it flows upon it dead
Locusts are fine to eat without slaughter as are fish; these often attack the crops
UDH-HIYYA is the animal that is sacrificed, on EID at the 10th day of ZIL-HAJJAH
It is due on free Muslim not travelling & has NISAB of ZAKAAT after his necessity
Previous implies that all liable to pay the FITHRAH are liable to make sacrifice too
He'd sacrifice goat/sheep for his own self; & he may sacrifice for young children
It's allowed that he sacrifices a cow/bull/camel that would have 7 shares in that
Each must give his full amount of shares; any lesser makes it void for all of seven
Time for sacrifice starts from FAJR at 10th of ZIL-HAJJ; this needs an elaboration
Sacrifice of animal would be after FAJR-SALAAT but villagers may do that at FAJR
If it is read at many places, one giving sacrifice there, must read EID-SALAAT first
There're 3 days for due sacrifice starting from FAJR of 10th to MAGHRIB of 12th
Nights are included here & if provision of lights is well for it; it's fine at nights too
Sacrificial animal must not be blind, one-eyed or lame unable to walk even a little
Totally thin & weak are invalid too; and that having ear or tail damaged or absent
These animals mentioned are invalid to sacrifice; but itchy or mad animal is valid
Even if it's lacks horns (or damaged from above) or castrated; it's fine to sacrifice
Camel, Cow/Bull, Goat/Sheep all are well to sacrifice; camels would be of 5 years
Cow/Bull needs to be of 2 years at-least; Goat/Sheep needs to be of year at-least
If a sheep is only of 6 months or so yet it looks as if of a year, it's well to sacrifice
The person may eat of animal himself or/& he may provide it to both rich & poor
It is better to provide at least its third to poor; these are days asking for sacrifice
The animal's skin has to be given in SADAQAH (charity) to the rightful institution
In Previous, it's improper to give the skin to slaughterer, as wages to his service
It is better that he slaughters his animal by himself, if he's able to manage it well
if someone slaughters other's animal by mistake; sacrifice for other is done well
AIMAAN - DAA'WA – SHAHADAAT
AIMAAN are oaths taken; it has 3 kinds; GHAMOOS (it's taken on fib knowingly)
Second of these is MUN'AQIDA (oath taken for future to do or not to do a thing)
Third of these is LAGHW (oath taken on issue as he understands it but it isn't so)
If after GHAMOOS he repents, he will ask Allah for mercy; there's no KAFFARAH
MUN'AQIDA needs fulfillment; if he breaks it, it needs KAFFARAH on it from him
LAGHW is unintentional; as it's an error in perception, hopefully Allah forgives it
If he breaks MUN'AQIDA by will, by mistake, due to force, all are same in ruling
By mistake includes forgetfulness if he intended to refrain from something by it
Allah takes oath of anything He intends but the man shall take oath by Him only
Taking oath by Him maybe by His name or any of His attributes; then it is lawful
QUDURI tells about His attributes which are improper to mention in taking oath
Oaths by such of His attributes which tell His anger or displeasure are improper
Oaths by taking the name of Prophet Muhammad PBUH or by KA'BAH, are void
Previous is so as such oaths are not taken by name of Allah, or by His attributes
QUDURI mentions that oath by the Quran is void; but it's Allah's speech & valid
HF allows any such oath that takes place by mention of the Quran or it's upon it
Al-Hamdu Lillah; praise is for Allah, Who is the only Creator & the only true Lord
MUN'AQIDA occurs by intention by name of Allah, even if preposition is ignored
It's taking oath by Allah's name to perform an act if something favorable occurs
Previous is termed as NADHR that he has to fulfill and it is to say thanks to Allah
If a person takes an oath to leave Islam if a thing doesn't occur, he's most sinful
Whether the event occurs or not, he'd not be out of Islam, but he's highly sinful
If he takes an oath by Allah's anger if he does an act, it's void & he is most sinful
If he breaks MUN'AQIDA, KAFFARAH on it is freeing of slave, or clothe 10 needy
Cloth in Previous shall be such that it's valid for needy if he wears at his SALAAT
It's valid too as KAFFARAH to feed 10 needy for 2 times, as we studied in ZIHAR
There it was for 6 days to feed 60 needy persons; but here, it's only for one day
If he is unable to do any of Previous then he would fast for 3 days continuously
If someone intends to pay KAFFARAH before he breaks his oath, it is unfeasible
If someone takes oath on any sinful act, he must break it and pay its KAFFARAH
If a non-Muslim takes an oath & becomes Muslim, he would not pay KAFFARAH
If he makes a thing as HARAAM upon him which is not so, he's sinful by such act
He must use it as he intends; he must pay KAFFARAH avoiding the sinful speech
If he takes all as HARAAM on him, it is foods de-facto save when he clarifies "all"
NADHR asks only for such virtuous acts to do, that show utmost thanks to Allah
Whatever it asks, that must be obligatory on Muslims at-least once in whole life
Taking on self to read SALAAT or keep SIYAM on fulfillment of the needed is fine
Even to read DURUD for 1000 times at fulfillment of the needed work is fine too
It is asking of Allah's blessing for the last Prophet Muhammad PBUH; it is WAJIB
If he says he would do good deed without mention of anything, he shall do that
NADHR may denote some event that he wills or event he may not want to occur
It’s necessary to do the good deed at fulfillment of NADHR that he had specified
If NADHR is on something he needs avoidance to, he has two options about that
In Previous, he may work for its avoidance or give KAFFARAH to it as his options
He may take oath not to eat something, & intends monetary fines if he eats that
Then if he eats that, it's valid for him not to pay fines but to pay KAFFARAH now
QUDURI states few rulings ahead by 'URF; it counts on this issue even currently
If oath is not to enter any house, it'd not break by entering KA'BAH or a mosque
If oath is not to speak for so-&-so time, it'd not break by reading of Holy Quran
If oath is not to wear dress he's wearing, it'd not break if he changes it instantly
If oath is not to ride animal/car he is inside, it is intact if he gets-off immediately
If oath is not to enter house he's in, it wouldn't break unless he departs from it
And then he enters it at later date; so 'URF has much high say in all these issues
If oath is not to enter any house, it would not break if he enters a ruined house
If oath is not to enter the house he points-out, it'd break if he enters that house
If that house turns to ruins, his oath would still break if he enters its ruins there
In Previous if it is changed into public place, it would not break, if he enters that
If oath is not to enter specific room, it'd not break on his entry to it, after it falls
If a female takes an oath not to speak to X's wife & she's divorced by X after this
Then if she speaks to her after her divorce from X, her oath does not break by it
Likewise, if oath indicates the place a person owns, that's confined to ownership
In Previous, if oath is not to enter X's place & he sells it, it doesn't break by entry
if the oath asks avoidance to talk to someone giving his known identity, it's valid
Previous tells that if his oath is that he'd not talk to "the young rascal" (by 'URF)
Oath holds-on even if "the young rascal" gets old; it breaks by talking even then
If someone takes oath not to eat specific lamb, oath holds-on as it turns a sheep
If oath is not to eat of unripe dates, it'd not break, if he eats from the ripe dates
If oath is not to eat meat then if he eats fish (or even chicken) it'd not break by it
Previous is due to 'URF; unripe & ripe are different; fish isn't mentioned as meat
If oath is not to eat specific wheat-grains then if he eats its bread, it'd not break
In Previous, his oath breaks if he takes them roasted/boiled as it keeps its shape
If someone takes oath not to speak to someone, but speaks to him when asleep
In Previous, there are 2 rulings; to QUDURI, it breaks; to most others, it doesn't
Former seems better because he commits act of speaking to him, even if asleep
If oath is not to talk to person save by his consent then talks without it, it breaks
In Previous, it'd break even if he received his consent but he is yet unaware of it
If AMIR (governor) of area asks a man to inform him of any rogue entering there
The man's oath to this service relates only to his administration & not afterwards
If oath is not to enter someone's house & he comes to its roof by roof, it'd break
In Previous, his oath doesn't break if he stands at the door in front but not inside
If oath is not to eat a roasted thing, it refers only to meat as that often is roasted
If oath is not to eat a part like organ-meat, it's on 'URF so if he eats deer, it's fine
If oath is not to eat bread, other than bread at his area is fine to eat, due to 'URF
If oath is not to make transaction, it'd not break if he appoints some WAKIL to it
If oath is not to marry specific lady, it'd break if he marries her even if by WAKIL
If someone says at oath "by the will of Allah" in ongoing speech, it doesn't occur
QUDURI tells 2 or 3 more ways where oath doesn't break even if words indicate
If oath is not to speak to someone for some period, 'URF takes it total 6 months
If oath is not to speak to him for a little time, it's on "URF & mostly it's for 3 days
It's wrong to cease talks for more than 3 days but permitted, if he is most sinful
If someone takes oath not to do a thing, it'd naturally be taken for his whole life
If someone takes oath to do some deed, he does fulfill it as he does it once only
If he takes oath about his wife she wouldn't leave home, save by his permission
In Previous, she would take his permission each time she leaves, or oath breaks
If he takes oath not to eat breakfast, he must not eat anything, till past the noon
Likewise if it's for lunch/dinner, he has to refrain from eating, till midnight ahead
If oath is that he would not eat gravy, he'd avoid liquids in which bread is soaked
If oath is taken to pay debts in the near future, it means within a month de-facto
If oath is taken to impossible tasks as turning of stones to gold or talking to dead
Previous oaths are invalid & If he meant it, he would pay KAFFARAH to such oath
DARAHIM impure in silver are DHUYUF; & these also were medium for exchange
Previous DARAHIM were not accepted by BAITUL-MAAL, or big businesses then
If a man takes oath to pay debts within a day and pays such DARAHIM as noted
By paying of DHUYUF, his oath is fulfilled as he has paid by medium of exchange
If someone takes oath he'd receive his debt only in whole or only by installments
If he takes in installments (former) or whole (latter), it breaks as he gets custody
If oath is to visit a place & his death comes-up, it breaks only at the last moment
He has to pay KAFFARAH for it now; he's not liable to pay before his oath breaks
Major point is that in oaths, intention inside, & 'URF outside does matter highly
In study of DAA'WA at QUDURI, it's more required to realize the era it relates to
Now, we do have documentation for ownership yet law-clauses that bar justice
At those times there was no documentation yet worthy QADHI managed affairs
QADHI were accessible; now we have unworthy officials and undue procedures
Seems that with all hard work of the day, that period was much better in justice
It'd highly benefit insha-Allah to read "The Islamic Guidelines" (to environment)
DAA'WA is to claim the ownership of something in other's custody for own-self
The claimant to ownership is MUDDA'I; & on whom claimed, MUDDA'A-ALAIHE
That disputed thing is termed MUDDA'A & claimant may leave right of his claim
MUDDA'A-ALAIHE has to face if something in his possession is claimed by other
The MUDDA'A in dispute must be totally clear by quality & quantity at the court
Claim may relate to DAYN (debt) or to AIN (tangible item) at someone's custody
Suppose the claim is to specific car (AIN), it'd be brought & detail would be given
MUDDA'A-ALAIHE has to bring that particular car to the court for QADHI to view
If that is not possible, QADHI would go to see it at site or send his assistant for it
If some property is in dispute, the detail to location is given, but its view is better
MUDDA'I shall make his claim at the court & the defendant needs to come there
If X claims for 10000 DIRHAM upon Y and Y accepts his claim, the case is settled
Court would finalize time-frame of payment by Y to X & there is no further issue
In case Y rejects his claim, X has to bring two good witnesses, for his claim on Y
If QADHI accepts witnesses & their word, he'd settle it in his favor immediately
It's notable that QADHI settles the case unless Y challenges witnesses, instantly
If there are no witnesses (or unacceptable to QADHI), Y shall take an oath on it
X would certainly ask QADHI to demand oath from Y on the validity of Y's word
Also, in case that witnesses are not readily available, he shall ask Y to take oath
If Y takes an oath without hesitation, he would give his verdict for him, instantly
It's notable that as Muslims, all at court shall have good thoughts for each other
TAMLIK (possession) occurs by transaction of MABI', or when it is a gift (HIBA)
It may occur by inheritance too & witnesses of X for TAMLIK, give him strength
SAHIBUL-YADD (who has custody of AIN), does not need to give any witnesses
Yet if SAHIBUL-YADD has reason of custody, his case becomes stronger by oath
QADHI sees cause of each to respective TAMLIK, with other consideration in it
He'd give particular attention to witnesses of claimant & oath of the defendant
If MUDDA'A-ALAIHE (defendant) does not take oath, he shall ask for it 3 times
If MUDDA'A-ALAIHE doesn't comply, he shall decide for the claimant promptly
If a woman denies the claim of a man that she's his wife, he needs 2 witnesses
If he is unable to do so, she is not asked to take oath; so he would lose the case
This even is valid in reverse; if a woman claims on a man that he's her husband
She either gives valid witnesses to it or either loses it; he isn't liable to take oath
Note that there are such claims for which even making of case needs witnesses
If the husband claims that he made RAJ'AT to his wife, when she was in IDDAT
And where he/she claims for AIN of someone as stolen/snatched from him/her
And where a man accuses someone of adultery (that is he's claimant in QADHF)
And where a woman claims that husband has called her adulteress & asks LI'AN
These four claims ask claimants for witnesses to make valid case for their claims
The notable thing is that the persons who are claimed upon, shall not give oaths
In DAA'WA, claimants might all be SAHIBUL-YADD or one of them might be that
It is possible that none of them is SAHIBUL-YADD; yet all claim for specific thing
If X says he bought it; Y says he got it by inheritance; Z says it was HIBA for him
Preference in previous is to X; transaction makes the claim strong; HIBA is weak
Dispute may present claimants with the same reason, as all may claim buying it
Few may give some detail to claim by time & place for custody; others may not
Claim with better detail has preference; & with dates given, first has preference
If two have claim on an AIN in custody of 3rd; better witnesses have preference
If witnesses are good at both sides, indicating that they both have its ownership
It makes the claims of both as acceptable & each of them gets half of ownership
If one finds the verdict unacceptable, he may leave his share in favor of the other
He may sell his share by MP to other or buy other's share at MP if he agrees to it
SAHIBUL-YADD isn't consulted here as BAYYENAH (witnesses) is given for claims
If 2 men dispute on a woman known as unmarried, each claiming she's his wife
Their valid witnesses give the woman an option, to accept one of the claimants
As previous case is unique, she will have to accept one of claimants as husband
If 2 men dispute on AIN as one claims its purchase & other HIBA from the same
If witnesses are good at both sides, former would have preference for his claim
But if one claims its purchase & other HIBA by another, it’ll have no preference
If man claims purchase from X of AIN, & X's wife claims it as MEHR by witnesses
Both get half ownership if respective claims do have witnesses & no preference
If two persons claim for AIN; one claims it is RAHAN to him & other claims HIBA
Both have good witnesses for custody; preference at the Previous is for RAHAN
If 2 men claim for AIN, bought by different men on different dates by witnesses
Neither of two in Previous gets preference; other issues are seen in fine verdict
If 2 men dispute on AIN; one of them SAHEBUL-YADD; he has a preference in it
SAHEBUL-YADD gets high preference, if his date for custody falls before other's
If two men dispute on production of cloth; one outsider & other SAHIBUL-YADD
Latter at such dispute is preferable if both have given valid witnesses on stance
In Issues occurring once & there are witnesses to it, SAHIBUL-YADD is preferred
If 2 claimants claim for AIN in custody of one of them, & each claims ownership
And each argues that he has bought the claimed AIN from other, case is invalid
Previous tells custody is to remain untouched as each accepts other's right to it
In DAA'WA witnesses need to be 2; it’s no issue if one presents more witnesses
Quality of witnesses with sound reasons matters; claimant with 2 only may win
If claimant has witness but didn't appear, court shall allow small period for that
If claimant didn't bring witnesses in 3 days at court, defendant takes oath there
Court shall decide all of cases at earliest; read "The Islamic Guidelines" too on it
Defendant will give guarantee he'd not run-away, and Claimant will keep check
Nobody shall be defendant on claim for AIN he doesn’t own, in other's custody
If the claim is that AIN is stolen from him & defense responds that it is AMANAT
Previous shall proceed-on unless theft is disproved, beyond doubts whatsoever
If someone claims on AIN with X that he bought it by Y; X tells it as Y's AMANAT
The case settles as both agree on ownership of Y, & there is no dispute to settle
Claimant has to provide witnesses & Defendant has to provide oath, in disputes
Witnesses denote that the claim is positive; oaths contest against it, to reject it
Oath shall only relate to Allah's name or His attributes; oath upon Quran is fine
The Holy Quran is the speech of Allah so among His attributes; Al-Hamdu Lillah
QADHI shall not ask an oath from defendant which curses him in some manner
If defendant is Christian, he'd take oath "by Allah Who gave INJIL to Jesus-A.S."
If defendant is Jew, he shall take oath "by Allah who gave Torah to Moses A.S."
QADHI shall not visit sites that are taken sacred by Christians or Jews, for oaths
He'd take their oaths at court; his status demands to refrain from all such places
QADHI shall not ask oath to Muslims at sacred places (or times) to strengthen it
Previous means to take oath at the Mosque or at Fridays; this is most unfeasible
QADHI wouldn't ask oath by words that defendant has not sold AIN to claimant
He'd ask oath by words that there is no BAYE' at this time b/w him and claimant
Reason to Previous is that defendant may have sold it to him, yet it had reversal
Ruling tells that there are 2 aspects to issues; reason of claim or result it leads to
The defendant rejects the claim by oath which makes him safe from its outcome
For instance, if a female claimant claims about some man that he is her husband
In Previous, he doesn't take oath against reasons of claim; it is to avoid its result
In such case, he'd take oath to avoid result stating she is not his wife at present
In case of TALAQ if female claimant says that her husband has given that to her
Though oath rejects claimant, yet he shall not state he hasn't given her divorce
His oath is that by Allah's name, she certainly is his wife, at this moment of time
If one claims half of an empty house & other whole of that; both give witnesses
In such, the house is divided into 3 parts, former gets one of it & latter gets two
If in Previous, both are residents there, claimant to whole of it, is more rightful
If dispute is on an animal; both mention its day of birth by valid witnesses on it
Birth day clearly matching animal's shape has worth; if uncertain, both share it
If 2 sides dispute without witnesses; both claim the AIN; both have its custody
If outsider claims about the KAMEEZ that someone is wearing, the claim is void
Outsider may ask oath by wearer at court; at this, the defendant has to comply
If dispute is at price of AIN (seller says 200 & buyer 100); both have witnesses
Seller is more rightful as he is more aware of it and more value asks preference
If dispute is on AIN (seller says one book & buyer says 2); buyer is rightful to it
If no one of them has witnesses (whether dispute is on price or AIN's quantity)
Seller has to leave his claim to additional price; buyer has to leave it to quantity
If no-one agrees, both have to take oaths; each taking oath to reject the other
Witnesses are provided as positive to claim; oaths are taken to avoid outcome
After both take their oaths, QADHI would pronounce FASKH to the transaction
If dispute occurs on timing of paying debt, MUNKIR (rejecter) takes oath for it
If buyer claims giving 300 of debts & seller rejects but 200; latter takes an oath
If AIN is lost at buyer's hand prior to its payment then he rejects seller on price
In Previous, if seller gives witnesses he'd get the verdict; else buyer takes oath
If buyer loses one of 2 things that he bought & he disputes about price to give
Seller will take price of one that is still with buyer, as he has no claim to other
If a man claims MEHR as 1000 & his wife takes it as 2000, both with witnesses
It is the wife who is more liable to get the favorable verdict; she has right to it
If without witnesses both take oath, then MEHR-MITHL settles issue for them
If MITHL equals or is lesser than 1000, she would get 1000, with NIKAH intact
If more than 2000 then she'd be paid 2000 & it'd be same if b/w 1000 & 2000
If dispute is in IJARAH & MUSTAJIR hasn't yet availed benefits; oaths are taken
As oaths are taken by both of sides, IJARA is FASKH; ruling differs by situations
If in Previous MUSTAJIR has availed benefits, his word prevails without an oath
Owner may claim MUSTAJIR for losses; he needs two witnesses being claimant
If man & wife dispute on ownership of household things & both lack witnesses
Best is that whatever is useful for her, is in her ownership; & the rest is for him
Spouse that survives the other, gets petty house-things unchallenged de-facto
SHAHADAAT is to inform of the right that is for someone on some other person
It's plural of SHAHADAT & means to witness for someone's right on some other
If someone tells his own right upon someone, it is DAA'WA that we just studied
If he tells other's right upon him, it's termed as IQRAR & we've studied that too
If the claimant asks someone to witness for him, it's necessary that he complies
In ZINA & QADHF, it's better not to provide it, if there's an hope for repentance
In Previous, it'd be necessary if he is asked for it; he has no option but to give it
As witness in other HUDUD, it's better to take choice-words caring for accused
Witnesses are at different levels; crimes need 4 male witnesses (ZINA; QADHF)
Then are crimes that need 2 male witnesses (other of HUDUD; QISAS & DIYAT)
Then are issues where a man & 2 women suffice (business-deals; matrimonial)
Where witnesses are only women (as in child-birth), there one woman suffices
The witness must be adult, sane, Muslim, free-person, able to give SHAHADAT
Witnesses shall have validity, in issues they are called-for, being QAVI & AMIN
QAVI means eligible to the asking of task & AMIN means honest & committed
QADHI must give due weight to SHAHADAAT of such eligible & honest persons
Witnesses shall provide witness in clear words, to become relevant SHAHADAT
QADHI shall investigate the eligibility & honesty of witnesses whenever needed
Investigation (TAZKIYA) maybe obvious or secret among those who know them
Muslims generally are AADIL (eligible; honest); so it is not needed for each one
HUDUD do need TAZKIYA necessarily, so there they shall surely be investigated
Witnesses give testimony by 2 ways; where obvious & where specifically asked
In obvious issues, as dealing which takes place b/w seller and buyer, at market
If Previous has disputes, AADIL persons, that happen to be at spot, may testify
In other words, witness maybe asked to testify specifically at court by claimant
In Previous, it's possible that witness is unable to provide SHAHADAT, at court
Such witness may appoint 2 AADIL persons as witnesses to his testimony there
These two men only are eligible, as representatives to give his witness to court
Previous named SHAHADAT-ALAS-SHAHADAT, is example of specifically asked
In general, it's feasible to give testimony to facts, as seen or heard by own-self
SHAHADAT-ALAS-SHAHADAT is feasible with no chance of presence at hearing
To inform of a QADHI's verdict as SHAHADAT to another of QADHI has validity
On forgetting an incident, even if written at paper, it's invalid to testify about it
Previous tells the status of documentation too; they’re only secondary in cases
All cases need AADIL witnesses by Islamic aspect of justice, being primary in it
Blind person is not eligible to testify & the punished in HUDUD too, is ineligible
It's part of punishment in HUDUD that their witness becomes ineligible at court
No-one is eligible to witness for his father/grandfather or his offspring at court
Spouses shall not be witnesses to each other; HF validates it if it is unfavorable
It seems better that testimony in such relations, for or against, remains invalid
Testimony of uncles or/and aunts, for or against, do not have such restrictions
Witness in favor of business partner is void about business as it is for own-self
Few witnesses are ineligible for testimony at court that QUDURI mentions here
Such male witnesses who show feminism; & women crying on dead as their job
Singers by profession, gamblers on birds whereas it is very wrong to cage birds
Entertainers by fibs, such Wine-Drinkers that may lead them any time to HADD
Those entering swimming pools, ignoring care for SATAR; with care, bath is fine
Witness of the mentioned is void at courts; they are not counted among AADIL
Men's SATAR is belly to knees; & women are disallowed to bathe at HAMMAM
HAMMAM was site then, which men visited for bath; now, pools are like those
The SATAR for the woman is all her physique except for the face, hands & feet
At Islamic country, HEJAB equals her SATAR; at others, it includes her face too
Others with no value at court, are persons involved in deals of RIBA (interest)
And highly obsessed with any of indoor games wasting time, ignoring SALAAT
QUDURI mentions chess & ancient type of LUDO; obsession is bad, not games
SHAFA'I doesn't take playing chess as reason to end status of AADIL for a man
Ineligible are those too who urinate at pathways or abuse the virtuous people
So dealers in RIBA, time-wasters & abusers of honest persons; all are ineligible
But followers of vague ideas in issues (BID'ATI), may be accepted as exception
Previous excludes those who take falsehood at court as with no consequence
SHAHADAT of ZIMMI (non-Muslims living with Muslims) is valid b/w their own
Muslims may give SHAHADAT against Muslim, ZIMMI and non-Muslim refugee
ZIMMI may provide his witness against other ZIMMI; and non-Muslim refugee
Non-Muslim refugee at asylum may only testify against other of such refugees
ZIMMI may provide witness against other of ZIMMI, even if their beliefs differ
If Muslim avoids big sins, he is AADIL; he must not persist on the petty sins too
If without circumcision or unable to sex-union or born by adultery or is Eunuch
In Previous with eligibility to SHAHADAT & honesty, his testimony is acceptable
DAA'WA & SHAHADAT need matching; witnesses shall complement each other
Previous means that witnesses testify with complementary words, at the court
Further is that if one of witnesses testify to 10000 for claimant, other to 20000
These witnesses have validity as they denote same issue; higher enfolds lower
DAA'WA maybe for same currency even if witnesses differ in its actual amount
In Previous, lower amount is acceptable amount; for higher he'd have to prove
If X has paid 10000 of 20000 asked by the claimant, & witnesses ask all of that
Claimant is strong at court even at his wrong claim, until X proves the payment
If in case of QISAS, both the witnesses differ for specific murder, about its site
Previous asks rejection as one side is fibber; but difference in timing is no issue
If validity of witness is challenged by charge of HADD upon him, by defendant
Such charges of defendant are unacceptable because of the hearing of his case
There are issues where witnesses even if unavailable at spot, may give witness
NASB may be vouched for someone, & someone's death may also be vouched
NIKAH if known b/w couple is well to testify; & well about their rightful privacy
Such knowledge may come by reliable persons to the witness so he may testify
Reliable means 2 men here or a man with 2 women; that is valid at these cases
Witness in Previous isn't valid at HUDUD or QISAS & DIYAT; they have severity
SHAHADAT-ALAS-SAHADAT also is void, in cases of HUDUD, or QISAS & DIYAT
SHAHADAT-ALAS-SHAHADAT is valid in TA'ZIRAAT, if the actual witness is unfit
In Previous "unfit" means actual witness is dead, invalid, absent, lives far-away
SHAHADAT-ALAS-SHAHADAT needs investigation for both; actual & witnesses
If they are seen as fibbers, the court would announce them as such far & wide
RUJU'-ANES-SHAHADAT means to back-out of testimony, that is given at court
If backing-out is before pronouncement of verdict, they aren't liable to ZAMAN
If backing-out is after the pronouncement of verdict, that would not be revised
In Previous, witnesses would pay ZAMAN due to loss, incurred by affected one
RUJU'-ANES-SHAHADAT asks presence at court officially, in front of the QADHI
If verdict is at issue of amounts & both of them back-out, both are liable to pay
If verdict is at issue of amounts & one backs-out, he only is liable to pay its half
If witnesses are more than required & they back-out except 2, that is no RUJU'
In Previous, as quantity of witnesses is not void, backing-out needs no ZAMAN
If after the verdict ZAMAN occurs, it is divided b/w witnesses who backed- out
If a man & 10 women testify in a case, & 8 women back-out, it asks no ZAMAN
If another woman backs-out, fourth of amount would be ZAMAN to all these 9
If last of women backs-out too, it's half of amount distributed b/w all of the 10
If the man too with all women backs-out, ZAMAN is half to man, half to women
If a man claims upon a woman that she is his wife, & presents 2 witnesses for it
If witnesses back-out after verdict, it would not change it if his claim is accepted
In Previous, witnesses don't pay ZAMAN; she'd be his wife at MEHR court asked
If woman claims on husband that he has to pay MEHR & gives 2 witnesses for it
If she wins the case with additional MEHR & they back-out, they would pay him
Additional MEHR is more amount than her MEHR-MITHL; they'd pay this to man
But if she wins him by getting lesser than MITHL or its equal, they'd pay nothing
Similar is where claim is to price of vehicle that he gets by the order of the court
No ZAMAN occurs on witnesses backing-out after verdict; they aren't liable to it
But if claimant receives its amount with deficit in value; they shall pay the deficit
If witnesses of SHAHADAT-ALAS-SHAHADAT back-out, they need to pay ZAMAN
QUDURI tells if a man is stoned to death (RAJM) due to adultery proved on him
Four witnesses had testified to his adultery; 2 had testified his status as married
if latter two back-out, they wouldn't pay DIYAT/ZAMAN as they deny condition
Now, it's better to apply only corporal punishment to adultery, the extreme filth
Detail to the Previous is well to get by “The Islamic Guidelines” to Islamic Living
If TAZKIYA of QADHI tells witnesses as AADIL but later-on, they all do back-out
Being witnesses which affected the case; they shall pay charges as court orders
AADAABUL-QADHI means qualities necessary for QADHI, & are as SHAHADAT
QADHI shall be compatible to task & honest; it is better if he also is MUJTAHID
MUJTAHID is the man who understands issues directly by the KITAB & SUNNAH
KITAB (the Quran) & SUNNAH (the Prophet's guidance) signify Islamic Teachings
It is not good for any man to ask status of QADHI; to cause injustice is major sin
If he's appointed QADHI without plea, he'd get court-record of previous QADHI
At onset, he'd see to persons imprisoned & issues therein; he'd give them relief
Imprisonment isn't appreciable in justice by Islam; release is valid by guarantee
QADHI is custodian to many funds (WAQF; AMANAT) & he'd see at issues there
He must be accessible to the common man without any protocol & paper-work
There'd be no hindrance in access to him; he would see many issues as needed
He'd not take gifts from anyone, except from whom he used to exchange them
He wouldn't take any sort of exceptional gifts than what he got, prior to status
He must not participate in any of gatherings that's especially arranged for him
He would not make any gesture that seems preference to any contesting sides
He would take care not to put words into the mouth of any of contesting sides
He may attempt to relax all needy of justice by good words, & careful attitudes
He may imprison the debtor, who tries to avoid all payments, with clear proof
But such debtor shall not be imprisoned, if he proves that he's unable to pay it
Imprisonment does not have any worth by Islam; release is valid by guarantee
Its elaboration is at "The Islamic Guidelines" which presents the Islamic Justice
QUDURI tells prison is valid if he gets AIN on debt, or makes it liability, by AQD
Former in Previous denotes he has AIN to return; latter is his guarantee to pay
QUDURI clarifies this too that the imprisonment may only be for 2 or 3 months
Where he gets married or gives some guarantee, it means that he is able to pay
So limited confinement is valid if he doesn't pay wife's sustenance or children's
But as husband or father, he isn't liable to confinement but upon necessity only
Woman may become QADHI yet not in HUDUD, QISAS & DIYAT; it's disallowed
It is notable that she is unfit for SHAHADAT too, at the HUDUD, QISAS & DIYAT
It is valid to record witness at local QADHI's court, even if defendant isn't there
Local Court shall send it to relevant QADHI's court, where defendant is present
Previous is valid by 2 witnesses in cases other than HUDUD and QISAS & DIYAT
He'd take testimony of claimant's witnesses, the accuser of someone far-away
He'd make 2 witnesses on record of testimony by his seal, & provide it to them
These 2 would take it to related QADHI who'd call the accused before receiving
With testimony of witnesses available, the related QADHI shall give the verdict
Verdict is given in presence of claimant and defendant (or the respective aides)
Professional advocates are totally prohibited in any of HUDUD, QISAS & DIYAT
Notable is that aide representing any of sides, shall not charge anything in case
Notable is that it's invalid to pronounce verdict, in absence of any of sides to it
QADHI is disallowed to appoint representatives; he shall deal all issues himself
QADHI is liable to hear against the orders of governor if they are controversial
He may uphold those orders, unless questionable by the KITAB & the SUNNAH
Disputers may appoint HAKAM (judge) for them if he fulfils criterion of QADHI
His verdict shall rule in them; but any side has right to back-out, before verdict
HAKAM is disallowed to decide on HUDUD or QISAS & DIYAT; they go to court
HAKAM needs to be impartial, so that he decides the issue with utmost justice
AMIR or/and QADHI shall appoint distributers of finances, in custody of court
Distributors are also liable to distribute finance in cases that court has decided
These distributors would see to rightful persons of the finances by care to law
Distributors are the employees of BAYTUL-MAAL, and would be QAVI & AMIN
Distribution maybe of land or property, that relates to inheritance or business
It may be by any other reason too; disputes about inheritance, asks efficiency
So, heirs are named & verified to ditribute immovable assets, as ruled by A.H.
SAHEBAIN tell that custody has worth & so nothing needs proofs to distribute
Now, when paper-work has become complicated, this good ruling is beautiful
With hardship of those times, they still knew how to manage matters by trust
Things bought in partnership needing distribution, do not need any proof to it
If beneficial land has custody of few & one asks his share, QADHI shall comply
If the land is not such that it benefits each by division, QADHI shall not comply
Distribution is moot issue if all but one agree to it, as that one does not benefit
If distribution is of sheep, it's valid if all are very similar, but void if differ much
If there is difference in cattle (sheep, cow etc.), it is void unless all agree to that
There are 2 types in things; one is not liable to substitute but other is liable to it
Former in Previous is termed ZAWATUL-QIYAM & latter is named MITHLIYAAT
Distribution of latter things which give benefits, is well for QADHI to distribute
If something has partnership, it has right of all in all of it before its distribution
QADHI will distribute MITHLIYAAT yet he will not decide for ZAWATUL-QIYAM
He may decide for the latter, if all partners do agree to distribution by any way
Example to ZAWATUL-QIYAM are pearls & also horses; they vary to each other
Petty things that lose gains by sharing as grinding-mills & wells isn't distributed
If 2 heirs to land are present & one absent, it may be distributed by the QADHI
Such land shall be in the custody of both; he would make 3 parts in distribution
Part of absentee is kept with a person appointed by the QADHI as its caretaker
If land is in custody due to transaction, it asks presence of all the sides for that
In inheritance, a present heir may turn aide to absentee; there must be 2 heirs
If two persons have different houses at a city, having difference at their values
If they need distribution, it's valid for QADHI to distribute both by his authority
In Previous, he will keep near to justice as always; better is that they agree to it
If two are partners at house & field of crops; then both maybe divided, if asked
As things are different, both of these are liable to division b/w both of partners
Distributor must make sketch of plot according to area; he must show all parts
If any part has a unique feature, he must show it to compensate in distribution
In equal shares it's feasible to draw-out names for each share; this has validity
He must care that each part is marked well physically; and entrance is separate
If condition allows common entrance & water to flow-out by a part to another
Distribution is final without any such condition as that is void after distribution
If partnership has 2-storeyed house equally, MP is assessed for both the parts
Distribution remains according to half of total MP; one may buy share of other
If a person getting share by distribution contests, QADHI shall call distributors
If 2 in them prove by reason he got his right, QADHI shall instantly reject claim
If he suspects his few rights are in custody of other, but had accepted it before
In Previous, his claim is void, unless he brings two witnesses to his assumption
If he claims that other took his share after verdict, he shall prove, nevertheless
If some land was purchased in partnership & was distributed later b/w the two
In Previous, if a claimant proves specific area as his own, in other's part of land
The partner gets from him, half of that specific area if he loses it to him by claim
AL-IKRAH means force applied on someone to do something he does not intend
IKRAH applies, if the threatening person is fully capable to do what he threatens
The person threatened is MUKRAH while the person who threatens, is MUKREH
Other of rulinga is that MUKRAH is sure that MUKREH would act as he threatens
Still its other ruling is that his own intention is averse to the demand of MUKREH
Last of rulings is that MUKRAH would certainly feel agony as he commits the act
IKRAH has 2 aspects; MULJEE & GHAIR-MULJEE; latter challenges intention only
Former not only challenges MUKRAH's intention, but also his capacity for action
So if MUKREH forces MUKRAH to sell his house against will, it is GHAIR-MULJEE
In Previous, he doesn't mention consequences but the force does present here
MULJEE applies when he notes results that he would kill him or cut a body-part
IKRAH also presents where a person at authority (governor or thief) forces him
Note that verbal contracts of MUKRAH apply, though his action was forced in it
Verbal contracts do apply even if IKRAH to him is MUL-JEE or is GHAIR-MUL-JEE
After IKRAH as issues come to normalcy, MUKRAH would reverse the reversible
If he is forced to sell his house, he would reverse this, as issues come to normal
If he frees his slave, it'd apply & it is irreversible, even as issues come to normal
Reversal of transaction needs that he gives SAMAN back to buyer & gets MABI'
Things being normal, buyer would keep MABI' by MUKRAH's consent at SAMAN
The receiver who gets MABI' by force upon seller, he has it only as his AMANAT
So if MABI' is lost by him, he would not pay any ZAMAN; it was AMANAT to him
If receiver was at side of MUKREH by his will, he'd return it as it is GHASB to him
IKRAH has some detail if it asks wrongful acts; QUDURI brings that detail ahead
If forced to drink wine or eat swine in MUL-JEE practically, he shall comply to it
If it's GHAIR-MUL-JEE (verbally with no mention of consequences), he shall not
If he doesn't do such where situation is MUL-JEE, he'd be sinful at consequence
If he is forced at MUL-JEE to say words falling against Islam, he may do that too
In Previous, his heart needs to be committed to Islam; better to make TAURIYA
TAURIYA is to say words with a right & a wrong aspect, he'd intend for the right
In words that fall against Islam, if he bears the consequence & does not comply
Previous is admirable; but he'd comply at MUL-JEE, if it's eating of any HARAAM
MUKRAH (in MULJEE) is even allowed to damage someone's property, as asked
If he pronounces TALAQ to wife at MUL-JEE, it'd occur; contracts do apply here
If MUKRAH (in MULJEE) commits ZINA forced by MUKREH; it doesn't put HADD
If MUKRAH (in MULJEE) is asked to say words against Islam, NIKAH isn't FASKH
But even in IDHTIRAR, whereas issues relax, few in them still remain prohibited
IDHTIRAR is the utmost necessity to save life yet doesn't allow violating sanctity
So MUKRAH isn't allowed to kill anyone to save himself, even if issue is MULJEE
SIYAR - USHR & KHIRAJ -JIZYAH - AL-HAZR & IBAHAT – WASAAYA
SIYAR In FIQH means QITAL against challengers to Islam, in attack or in defense
It is FARDHUL-KIFAYA (obligatory to take-on by some Muslims representing all)
It is not due on those, who are in some manner incapable; crippled, weak & old
If non-Muslims challenge Islamic living causing FITNAH, Muslims would fight-on
FITNAH is such trouble caused by satanic people that makes living hard by Islam
If needed, the woman too would fight attackers; in defense all have to go all-out
At defense, Muslims don't have to see conditions; at attack, they must care to it
If Muslims need to attack, they have to see that the attacked people know Islam
If they reject it after being aware to it in principle, they'd be asked to pay JIZYAH
JIZYAH is the periodic amounts given by agreement b/w Muslims & challengers
Muslims may opt for pact of peace even without JIZYAH getting few guarantees
If they don't comply, Muslims have to face them on orders by power to combat
Here "Orders" mean that worthy AMIR had sent the warriors in sizable quantity
And they attack by the order of the commander & each fights for Allah sincerely
With care to conditions in attack, it is valid to fight all FITNAH with total courage
JIZYAH gives safety to enemy; all living out of Islam, shall live only under its rule
If enemy doesn't accept Islam & doesn't make peace, Muslims have to attack it
Warriors would be practicing Muslims who shall fight on commander's direction
Conditions for attack include that they have worthy power to combat the enemy
They shall use tactic by power of ammunitions at hand, to end enemy's strength
If needed they 'd throw quantity of water and big stones by MINJANIQ (canons)
Modern weaponry will be applied against it without causing extreme destruction
It's even valid to burn trees if necessary or take measures that make it surrender
Muslims will throw arrows (i.e. missiles) most skillfully towards its enemy at war
HF tells if they make Muslims captive and children as shield, arrows will not stop
This is moot ruling and with deadly arms today, this strictly needs to be avoided
Muslims even have to avoid QITAL by attack as it does kill many innocent people
Moreover, balance of strength in arms, is much adverse to Muslims, as of today
Usage of arms against enemy is to hit them precisely without undue destruction
If army of Muslims is strong, it is valid to take few women & the Quran at battle
She needs consent of her husband; now her participation is highly invalid surely
If QITAL is defensive, it needs all Muslims, whether male or female, to fight it on
JIIHAD is FARDHE-KIFAYA; but it is FARDHE-AIN (obligatory to each), at defense
MUTHLA (to mutilate corpses), to kill woman or child or any weak man, is invalid
Muslims shall not kill any of crippled or any old man or lunatic among the enemy
Muslims may kill an old man if their advisor in war & a woman if their supervisor
Muslims may opt for peace, even without JIZYAH, getting the needed guarantee
The pact of peace would be for specific time; AMEER may not renew it if he wills
At its breach, they'd be tackled at field; if some of them do, they shall be notified
Army may use enemy's things of use as the food, oil, arms but it shall not hoard
Notable is that before the distribution of all spoils, it's illegal to use any item of it
As Muslims win the war, they'd not touch property of person who accepts Islam
But his adult children also at ground either accept Islam or either they turn slaves
Adult men fighting for enemy are taken slaves & even women fighting at ground
It's fair to exchange captives, taking Muslims' captives by enemy releasing theirs
It isn't well to release their captives without taking any exchange against release
As Muslims conquer enemy by war, it's on AMEER to distribute some land or not
QUDURI tells that land is in war-spoils; now, it's not so; he may only ask tax on it
He has authority to enslave fighters as spoils of war or release them in exchange
Cattle maybe slaughtered if it's impossible to take them back as spoils of the war
Spoils of war are taken back to Islamic land, & it is duly distributed b/w warriors
Those who provided help to them all, even if not with main army, also get shares
Those who accompanied them for business-reasons, they are not liable to share
If they fight, they'd get shares; any Muslim may give shelter to any of the enemy
In Previous, shelter given is valid, if the provider is not among the business-men
Neither may ZIMMI give shelter to any man from enemy nor may captive give it
AMEER may order execution of sheltered person, in the best interest of Muslims
If enemy take transportable assets of Muslims to their land they'd be its owners
This ruling is to validate the deals, if business-men need to buy same from them
If Muslims conquer non-Muslims, then get own assets back that they had taken
Before distribution, a Muslims is liable to claim his own assets back, successfully
He isn't liable to get it back if distribution takes place but he may buy it if he wills
If enemy takes few Muslims as slaves, they would never become their property
So in Previous, if someone buys such person taken & brings him back, he is free
If hard to bring spoils back, commander shall give that as AMANAT, to someone
These spoils have no ownership before bringing them back; so they are not sold
Warrior who dies before it comes to Islamic land, shall not have any shares in it
In Previous, his share is at AKHIRAT, in high measure insha-Allah due to the war
But who dies after bringing it back he would get his share which shall go to heirs
AMEER or commander shall announce awards, to the most courageous persons
If spoils are yet to come at announcement they would get them after they come
But if announced at its custody, they shall get it by its KHUMS (that is for needy)
All warriors shall deposit assets of enemy that they have, at GHANIMAT (Spoils)
As army leaves the land of enemy, this departure ceases their usage to its asset
Everything even the balance of common items as foods & oils, is deposited now
Fifth part from GHANIMAT goes to the BAYTUL-MAAL for the poor & the needy
Four parts are distributed b/w warriors at QITAL; and all get their specific share
Those who participated in the war on foot, would get one share, by distribution
Those who had a horse with them, would get two shares each, due to the horse
Camels or mules don't count at war; if an horse dies after entry to enemy's land
In Previous, that horse is counted at war; if it dies before entry, it is not counted
If few women accompanied army, AMEER may give them by will, an item or two
KHUMS (5th part) is divided in 3 parts; it is allocated to orphan, needy, travelers
In Previous, needy of the descendants of the Holy Prophet PBUH are preferable
Those not needy of his descendants, don't get anything; it only is valid for needy
If few Muslims fight enemy unofficially by their own, they wouldn't pay KHUMS
In Previous, AMEER didn't permit them but if they attack enemy by his authority
And apply strength by which they bring back GHANIMAT then this asks KHUMS
Getting assets of non-Muslims by IKRAH is void & they shall be given SADAQAH
Muslims going to them for trade aren't allowed to cheat or bring assets by force
Persons from enemy maybe given asylum by AMEER; that'd remain to year only
In Previous, he will become ZIMMI at Islamic land if he lives more by permission
But, he'd have to pay JIZYAH annually, & he'd be disallowed to leave Islamic land
If he leaves to enemy without approval then he'd lose security to life & property
If Muslims get their assets at challenge without war, it is FAI to benefit Muslims
USHRI land is where Muslims pay 10th of produce as USHR, if watered naturally
If the land is watered manually then asks half of 10th of produce from its owner
USHRI asks USHR as it gives produce; KHIRAJ is paid yearly on lands got by wars
If owned by non-Muslim, it only is KHRAJI; Muslims may own USHRI or KHIRAJI
If Muslims win any land peacefully where the residents turn Muslims; it's USHRI
Land as previous, remains USHRI ahead now as it was at the initial position of it
If Muslims win them by war, & AMEER issues some of it to Muslims, it is USHRI
If Muslims win them by war & he let it remain to the residents, they're KHIRAJI
If land is unclaimed (MAWAT) and someone by AMEER's assent makes it useful
That land is KHIRAJI if non-Muslim has it; & with Muslim, it'd be as lands nearby
The land in Iraq has both KHIRAJI and USHRI (BASRA) lands, as IJMA' points out
UMAR-RA put KHIRAJ to KHIRAJI in 3 ways by rule "much efforts asks less of it"
He put KHIRAJ on Iraqi KHIRAJI land as 3200 grams of the produce on a JAREEB
JAREEB was area of cultivated land of 60 X 60 square-meters (nearly half acre)
So KHIRAJ was SA'-IRAQI that equaled 3200 gm., as AHADITH have related too
Previous was minimum as lands producing fruits & vegetables, paid even more
Now, such tax as KHIRAJ may be charged as needed, if administration is Islamic
Gardens that are used only to get fruits by them that grow by most high efforts
KHIRAJ was lesser in DIRHAMS among such gardens but others asked for more
AMEER has rights to lessen KHIRAJ, if he sees problem to owner to pay it easily
He would care if its cultivation is destroyed or any natural calamity occurs to it
KHIRAJI land is KHIRAJI even if Muslim buys it, as USHR & KHIRAJ don't overlap
As for JIZYAH, it occurs as Muslims make pact with the enemy without any war
In such case, JIZYAH is amounts which they pay to the Muslims, according to it
But when conquered, & AMEER makes treaty with them, it is the fixed amount
In poor, each of men (not woman, children, crippled), pays 24 DIRHAMS yearly
For better-off, it shall be 48 DIRHAMS; it may be taken by 4 DIRHAMS monthly
JIZYAH occurs to non-Muslims in enemy but is not upon the Arab non-Muslims
They either accept Islam, or they leave the Arab land, or fought until eliminated
JIZYAH isn't asked from priests living away of worldly issues not involved in war
Those who accept Islam, JIZYAH is relaxed on them & on those who can't pay it
In Previous, who was unable to pay it any year, it was relaxed on him, that year
Christians that live as ZIMMI, are disallowed to make their new worship-places
They are liable to mend old ones at will; this is the ruling for ZIMMI in Jews too
ZIMMI would be asked to distinguish their-selves from Muslims, by their living
ZIMMI shall avoid acts denoting war; so they were told, not to keep arms then
If ZIMMI commits severe crime, he'd be convicted, and the pact shall be intact
If ZIMMI runs-away to enemy, the pact with him is void; he may be killed for it
If some groups of ZIMMI fights with enemy against Muslims, their pact is void
If a Muslim turns MURTAD (leaves Islam), his reservations would be answered
HF tells he'd be confined and must return to Islam in 3 days else he'd be killed
Previous needs scrutiny; seems well if MURTAD passive in manner is left alone
If a man kills MURTAD before answering his reservation, or before 3 days end
In Previous, though he did wrong, yet he'd not be convicted to murder by law
MURTAD loses assets & property; if he doesn't return to Islam, it's distributed
In Previous, his heirs get it; but if he returns to Islam, then it's restored to him
His heirs get that even if he runs-away to enemy and QADHI declares his exile
If he earned gains after he turned MURTAD, it'd be forfeited to BAYTUL-MAAL
As he's killed (or declared exiled), his debts would be paid & assets distributed
Debts he took at period he was MURTAD, shall be paid by gains he made then
If MURTAD returns to Islam & his land, he'd get his things by heirs as they are
Female MURTAD is imprisoned till forced return to Islam & assets aren't taken
If Christians deny paying JIZYAH due to effect on prestige, they'd still be asked
JIZYAH funds are to be used by the AMEER for the general benefits of Muslims
Such funds are better to use in all ventures needed for the defense of Muslims
QADHI, UMMAL (tax-collectors), ULAMA may be paid by the amount in JIZYAH
MUJAHIDEEN & their families are also paid by these for necessary sustenance
If faction of Muslims rebels at Islamic land, AMEER shall clear their reservation
If they comply, they shall be left alone; if they initiate wars, they shall be killed
At the war, it is needed that their strength is vanquished, & no threat remains
If rebels conquer an area taking USHR & KHIRAJ there & spent it at right places
That suffices to paying the liability by people; if spent wrongly, they'd pay back
AL-HAZR (prohibited); AL-IBAAHAT (permitted); deals issues for male & female
Silk isn't valid for men but well for women; A.H. validates its pillows to men too
SAHEBAIN find its pillows TEHRIMI (detestable) for men but they allow it at war
A.H. invalidates it at wars; length of thread maybe silky for men in their dresses
Now, it seems most improper for men to wear silk or use it, or any of its variety
It's invalid for man to adorn body by gold or silver; he may use a silver ring/belt
Silver maybe used in grip of sword too; women may use gold/silver, as they will
It's improper for men to adorn by them as wounds at JIHAD is their adornment
It needs caution to dress children; to adorn male children by them is not proper
Gold & Silver Utensils are invalid to eat, drink or use for all; it denotes arrogance
Utensils made from the shining beautiful stones (prism-type) are valid for usage
It is valid to use utensils, beds or saddles if there is an unapparent silver in them
It was invalid (for Arabs of those times), to mark the Holy Quran with markings
It's well to adorn the Holy Quran; and to write it by water of gold is appreciable
It's well to adorn mosques by few beautiful designs that give attraction to them
It's improper to keep servants that are Eunuchs, as that gives them undue value
Animals maybe castrated; asses maybe mated to horses to giving birth to mules
Exchange of gifts is valid even if a child provides it by permission of his guardian
In usual dealings, information by sinful person too, is well to take to live normal
But specific issues, related much to Islamic rituals, ask only for the AADIL's info
It isn't right to see female on face, Allah commands both genders to lower gazes
QADHI, witnesses, physician may see her at face directly because of her trouble
Notable is that the woman's SATAR is all her physique except face, hands & feet
At Islamic living, her HEJAB equals her SATAR; at other sites, it includes her face
Female only shall treat female; men may treat them only at period of IDHTIRAR
It means "utmost trouble", stern conditions only allow a man to operate on her
First condition is that no female is available to cure her, or manage her affliction
Second is that lady-patient is unable to bear pain due to it or it's life-threatening
Third is that he doesn't view or/& operate on belly to knees of that lady-patient
Fourth is that the male surgeon is Muslim in belief; he does not disrespect Islam
Fifth is that no other part is uncovered of her body, except the place of affliction
Even in IDHTIRAR, few issues remain forbidden & all conditions shall be present
At IDHTIRAR (extreme necessity), female's SATAR relaxes to equal man's SATAR
So even in IDHTIRAR, no male (except her husband) may view the female there
Now, with care to morals, she shall try to avoid becoming in-patient at hospitals
Men & even women may view men except for his belly to knees in normal living
Women may view women except for the belly to knees in normal living together
In Previous, women may see a woman from her belly to knees too, at IDHTIRAR
Man may see the whole physique of his wife; she also is allowed to view him all
Men may see MEHRUM women at face, hands & feet, in general living together
Ruling for EUNUCHS is same as of the man; women shall take HEJAB from them
Man will not practice AZAL (Coitus-Interruptus) to his wife, save by her consent
To hoard things easily accessible at market which aren't necessities, has validity
If things hoarded are short at market or/and they’re necessities, it's much sinful
It's valid to hoard own cultivated crops even of necessity, if it is available at ease
It's valid to hoard items (not edible) bought by distant site even if absent nearby
AMEER mustn’t set prices to commodities; at emergency, it is valid for little time
Islam does allow freedom in valid dealings, by care that all Muslims are brothers
It's invalid to sell weapons at civil-war, or at times that cause trouble to Muslims
HF allows selling of grapes to person, known to make wines; this needs scrutiny
SADDE-ZARAE' (i.e. stoppage to wrongs) is Islamic concept; that makes it invalid
WASAYA (Will) is asking to give a person an asset, or its benefits after his death
WASIYAT (pl. WASAYA) is to third of assets, after debts & the funeral-expenses
WASIYAT is not valid for any heir, except when all heirs permit within third part
More than the third part also is valid, if all heirs permit by lessening own shares
If MUSA-LAHU (for whom it is made), kills MUSI (one who made it), he'd lose it
If Muslim makes will for ZIMMI, it's valid & ZIMMI's will for Muslim is valid too
MUSA-LAHU must show acceptance after MUSI's death, to will latter has made
There's an issue where MUSA-LAHU owns willed asset even without acceptance
This happens when after his death, he dies too; asset willed for him, is for heirs
If someone accepts carrying-out his will, it's void then to reject it in his absence
He may reject it in front of MUSI if he does not want the liability; then, it is valid
When MUSI makes ZIMMI or sinful person liable for his will, QADHI may accept
In Previous, QADHI shall make another man as liable to carry-out that WASIYAT
MUSI needs to make a Muslim, who is adult, sane & able to carry it out, as liable
If he finds hard to carry-out the WASIYAT, QADHI may give a companion to him
If MUSI has made two persons liable for it, both shall carry it out, together only
There are things that anyone of them, may do alone; one is the funeral-expense
Also, only one may care to MUSI's small children & pay-off his mentioned debts
If MUSI asked for specific asset to be given to specific person, only one may do
It's also valid that only one of them fights for rights of MUSI, at court if needed
If MUSI made WASIYAT for two persons, they'd share that equally to one-third
If MUSI wills for 2 men, third to one & sixth to other, both shall share the third
In Previous, third is divided into three parts; two is to former, & one is to latter
The cases for more than 3rd apply, when heirs don't agree to any more than it
If MUSI makes that more than third for some, his WASIYAT above third is void
Such is only applied to third; if MUSA-LAHU are many, 3rd is divided among all
If 2 or 3 persons are willed for in various ratio & heirs don't agree above third
In Previous, the third part shall be divided b/w all of them, by respective ratios
If man has debts, more than his assets even, that WASIYAT then becomes void
If MUSI makes WASIYAT for someone to get share of his son, WASIYAT is void
But if he says that he gets the share as his son's, he'd get the third of his assets
If a person makes deals or gifts something from his assets in his death-ailment
It'd be implicated to third of his assets; in those, the heirs have got rights now
If he asks to give part of his assets as will, it shall equal the least share in heirs
In Previous, if it's even lesser than sixth by distribution, it will be raised to that
If a man wills for many things, priority is to pay in compensation to obligations
Then if the amount of the third part is still left, other things in it would be seen
Will of child is void; WASIYAT maybe revised by MUSI, but in very clear words
In Previous if MUSI denies making will for someone, it is not taken as revision
If he makes will for neighbors, they only mean those who have attached walls
If he makes will for in-laws, that by 'URF means MEHRUM relatives to his wife
If he makes will for sons-in-law, it's husbands of his MEHRUM female relatives
If he wills for the near-ones, it's for relatives not heirs; nearer is more rightful
Generally, it is paternal relatives, much nearer than maternal relatives by 'URF
If someone wills for a man for third part of DIRHAMS, and its two-third is lost
It'd be taken that heirs have lost their shares; so he'd get the whole third part
But if the will is for anything that has difference in units to each other as cloth
In Previous, he would get third of the balance available, that's his right by will
If he wills but has much receivables, MUSA-LAHU shall get it by available cash
Previous denotes that MUSA-LAHU gets the willed amount by cash if possible
Will is valid for child at mother's womb provided it's born in 6 months to that
If MUSA-LAHU dies in MUSI's life, the will for him becomes void then & there
If he wills for children of someone, male & female, both get equal shares in it
If he wills for X & Y to be paid one-third & X dies; Y would get all the one-third
If he wills by words to provide one-third b/w X & Y, he'd gets its half, if X dies
If he wills for X when he has no amounts but he becomes rich, X gets its third
FARAA'IDH (Knowledge of distribution of Inheritance)
FARAA'IDH is knowledge of the law which relates to distribution of inheritance
This distribution b/w inheritors, shall strictly be according to command of Allah
This tells the specific shares for inheritors in the inheritance; that is FARAA'IDH
Before studying FARAA'IDH at QUDURI, we would study the general rules to it
There are 4 rightful expenses relating to deceased; first is the funeral expenses
2nd is to pay-off his debts; 3rd is to execute his will, to the third part of its rest
4th is that the remaining amounts is distributed b/w all of the valid heirs to him
Main heirs to deceased are three; ZAWIL-FURUDH, ASABAAT, ZAWIL-ARHAAM
ZAWIL-FURUDH are the close relatives whose shares are well-defined by Islam
ASABAAT are other relatives (by NASB) from father's side, to deceased person
ZAWIL-ARHAAM are the relatives that are besides ZAWIL-FURUDH & ASABAAT
MUQAR-LAHU & MUSA-LAHU have shares too in that, as told by the deceased
BAITUL-MAAL gets the left amounts, if there is no claimant left for inheritance
NASBI is person (male or female) related by father; there is no woman in-b/w
ZAWIL-FURUDH are the inheritors,who have specified ratio in the inheritance
Mostly, the amounts would be used-up by this distribution; in case it remains
Others named for amounts get from the remaining of that as it's due to them
The ratio in amounts of the ZAWIL-FURUDH are six; first is NISF (the half in it)
Second is RUBU' (fourth of that), THUMUN (eighth), THULUTHAN (two-third)
THULUTH (third of that), Sixth is SUDUS (sixth); these are ratios applied for it
ZAWIL-FURUDH include in total 12 of relations; 10 are by NASB & 2 by SABAB
NASB means those related by birth; SABAB (reason) means respective spouse
In 10 of NASB, men are 3; father, brother (by mother) & paternal-grandfather
Women in it are 7; daughter, grand-daughter, real-sister and sister (by father)
It includes the sister (by mother) too, mother & grandmothers (both of them)
With amount left after ASABAAT or none present, they receive it too by RADD
RADD (balance provided) is by ratio of ZAWIL-FURUDH, the most worthy of it
ASABAAT are such relatives to deceased whereas no women is in b/w relation
They get what remains, after distribution of due amounts, to ZAWIL-FURUDH
ZAWIL-ARHAAM get from amounts if other 2 are not present, or if it's still left
These are relatives too and liable to get it besides ZAWIL-FURUDH & ASABAAT
MUQAR-LAHU is the person for whom the deceased had confessed as his son
That man must be old enough to be his son, and his NASB would be unknown
He must accept indication of the confessor towards him so his NASB is proved
If he indicates him to be his brother or uncle, that doesn't prove NASB for him
MUSA-LAHU is the person whom the deceased willed to get from his amounts
That person shall get the third of his amounts, as will relates to third part only
If he has no heirs to him then the BAITUL-MAAL would take that in its custody
There are few situations when even the heir to deceased doesn’t get any of it
If an heir to the deceased kills him, he's deprived of all his share, in his assets
If heir differs in belief from the deceased, he is not liable to get any share in it
Muslim relative doesn’t get any share in disbeliever's amount at latter's death
And, the disbelieving relative would not become an heir to the Muslim relative
If Muslim heir to deceased Muslim lives at distant country, he would still get it
Previous is applicable even if that country is not at peace & averse to Muslims
Let's study heirs-ratios before proceeding to detail of FARAA'IDH, at QUDURI
Father is in ZAWIL-FURUDH & may become ZUL-FARDH-ASABAH or ASABAH
In amounts, he'd only remain at the 1st, if deceased has other close relatives
These close relatives are the sons or grandsons of the deceased present then
Secondly, if he has daughter/grand-daughter, his father also is then ASABAH
In Previous, he'd get the 6th of it first and also get balance after share to her
Thirdly, If deceased does not have any offspring, father is then ASABAH only
He wouldn't get sixth part therein but after the distribution, he'd get balance
Grand-father in the presence of the father to deceased, doesn't get any of it
If father is not present, he is as father; the nearer in-line deposes the distant
Ruling for AKHYAFI (by mother) brothers/sisters in the heritage is as follows
They get amounts therein in 3 ways; they get it either 6th or 3rd or deprived
If deceased has one of them, and has no offspring; father/grandfather dead
He or she would get sixth part of the total of amounts, the deceased has left
If more than one in the same condition, they shall get third of total b/w them
If his off-spring or father/grandfather is alive, they are deprived of any share
If brothers & sisters both get shares b/w them, they get it by 2:1 respectively
The male gets double of share of the female but it does not apply in AKHYAFI
They'd get shares equally whether male or female; the shares would be same
The husband gets either the half or the fourth of total amounts, by condition
If wife dies & leaves no off-spring, her husband gets half of her left amounts
If there is any of her offspring alive, then he gets the 4th of her amounts left
The wife would get by her deceased husband, the fourth of his left amounts
Previous is the case, when he hasn't left any of his offspring alive behind him
if he leaves more than one wife at death, they would share 4th part received
If he has left any of children (male/female), his wife would get its eighth part
The daughter gets her share by 3 ways; half, two-third, ASABAH (with other)
If the deceased has a daughter only and no son, she'd get half of his amount
If daughters are 2 or more, with no son, they'd get the two-third, b/w them
If there is son/s too, they're ASABAH with them & they'd get half of his share
Daughters/Grand-Daughters may only get to two-third, not more at anytime
Grand-Daughter by son has 5 ways; half, two-third, sixth, MAHJUB, ASABAH
MAHJUB is deprivation of share due to relatives who are very nearer to him
The grand-daughter with no grandson by his son and no offspring; gets half
If more than one, with same position as previous, they'd share its two-third
If the deceased has daughter too, grand-daughter by son gets the sixth part
They have got two-third together as daughter gets half & she gets sixth of it
If he left more than one daughter behind, they get two-third; she's deprived
Previous is named as MAHJUB (stopped) by his daughters to get any amount
If a son to deceased is alive, grand-daughter then too is deprived of amounts
If grandson by son is present & no son, he'd make grand-daughters ASABAH
Previous (grand-son & grand-daughters) get balance after daughters' shares
Suppose he has no sons or grandsons alive but has grand-daughters by sons
These are grand-daughter & grand grand-daughters that he has by 3 of sons
First of his 3 sons has a daughter, grand-daughter and grand grand-daughter
Second also has same position as the first and 3rd has grand grand-daughter
Daughter of the first gets half amount; & both grand-daughters get sixth of it
Grand grand-daughters of his sons get nothing by amounts which he has left
Two-third is off by half of amounts plus sixth together; no more to give them
It applies as there is no grandson, but in case there's one present by any son
This grandson of deceased makes the female at side ASABAH and both get it
In Previous, he'd become stoppage to all in-line below; & they'd get nothing
The male gets the double of share that the female gets from the left amount
Sister (by both parents) has four ratios; half, two-third, ASABAH & MAHJUB
She'd get half if the father or grandfather, & any of his descendant isn't alive
If in the same condition if sisters are more than one, they get two-third of it
If real brother is also present with them, he will make these sisters ASABAH
They would get balance, remaining after distribution to his ZAWIL-FARAIDH
The male gets the double of the female & it is the general rule in inheritance
If a daughter/grand-daughter is present, then also they'd become ASABAH
After daughters/granddaughters get shares, they receive all of amount left
If he has a son/grandson or father/grandfather alive, they become MAHJUB
ALLATI sister is by the father (mother different); she has 6 ratios in amounts
It's half, two-third, sixth, MAHJUB by females, ASABAH & MAHJUB by males
if she's alone (father/grandfather, offspring & real-brother to him is absent)
In Previous, she'd get half of amounts but if 2 or more, they’d get two-third
In same situation If he has real sister, she gets sixth and real sister gets half
In same situation If real sisters are 2, they get its two-third & she's MAHJUB
In same if real sister is one & she’s ASABAH by daughter, ALAATI is MAHJUB
In same if she has a brother (ALLATI) with her, then he'd make her ASABAH
In same, but with his daughters or grand-daughters, she'd become ASABAH
With father/grandfather/son/ grandson/real brother, ALLATI turn MAHJUB
Mother of the deceased gets amounts in three ratios, from his left amounts
She gets the third part in whole, or the third part in remaining, or sixth part
She'd get third of whole if he neither has the offspring, nor any 2 in siblings
In Previous, his father is not alive too, while his wife is still alive at his death
If father is alive & wife too, latter gets her share; mother third of remaining
If deceased has any of offspring or 2 of siblings alive, she'd get 6th of whole
Grandmother (both) get share only by sixth of amounts yet with conditions
Grandmother deprives the grand grandmother to get anything of amounts
At presence of source, the related one by source is deprived of any amounts
She deprives the relations in-line by her presence, as son deprives grandson
If reason to heir-ship is same, the near one deprives the distant-one for that
For instance, the mother deprives both the grandmothers, by her presence
This ends necessary detail for ZAWIL-FARUDH, without caring to odd issues
Detail ahead are the comments on calculations at QUDURI (its last chapter)
All parts to FARAA'IDH are 6 in total; half, fourth, eighth; that’s 1st category
Other parts are two-third, third, sixth; that’s the 2nd category in FARAA'IDH
In FARAA'IDH, if there's only one ZAWIL-FURUDH, his ratio indicates its total
Notable is that if husband & son are heirs, former gets 4th, & son gets other
Husband gets his share as he's in ZAWIL-FURUDH; & son gets it as ASABAH
In Previous, the total shares are 4 & relates to the ratio of the husband here
In FARAA'IDH, lesser of shares of one category tells of the total needed in it
In Previous, total shares are 8, If ratio to the amounts is half, fourth, eighth
In FARAA'IDH, if heirs are husband, daughter, uncle by father, the total is 4
The husband gets fourth, daughter gets half & the uncle is the ASABAH here
So in this total shares are 4; her husband gets one, daughter two, uncle one
In FARAA'IDH, if half occurs & there is any one from the other of categories
In Previous case, total shares for the distribution would be calculated by six
In FARAA'IDH, if fourth occurs, and there's any one figure of other category
In Previous case, total shares in the distribution, would be calculated by 12
In FARAA'IDH, if eighth occurs as ratio & there's any one of other category
In Previous case, total shares in the distribution, would be calculated by 24
At times, shares fall in excess than the figure of its total shares; it asks AUL
AUL means to go beyond the figure of total shares if shares fall into excess
Total shares required at FARAA'IDH are seven; they are 2, 3, 4, 6, 8, 12, 24
AUL relates to only 3 of these that’s 6, 12, 24; the former may go up-to 10
12 shares might give AUL as 13, 15, 17; but the AUL to 24 shares is 27 only
For instance a woman left husband, mother, two of her real sisters behind
The husband gets half, the mother gets sixth and both sisters get two-third
Total shares are 6 for clean distribution; yet actual shares exceed that total
It needs AUL towards 8, so that would be total shares taken in distribution
In Previous, the figures of shares remain same but the distribution is by 8
Shares maybe the same or one multiple of others, or all may have one HCF
In 8 & 16, latter is the multiple of former; & in 8 & 20, the HCF comes to 4
Mathematics for ratios is needed here; it is good that we have calculators
FARAA'IDH doesn't tolerate fractions, so at times, we do need rectification
Rectification isn't hard by applying math to shares as required at the issues
If heirs are six daughters, the mother & the father, to the deceased, in that
The former get two-third; his mother & father, both of them, get sixth each
Ratio comes to 4:1:1 with total of 6 & this causes fraction for the daughters
By multiplying all of the shares by 3 we get 12:3:3; & the total shares are 18
Fraction is off & each of daughters gets 2 of shares, both parents get 3 each
If heirs are husband, 6 daughters and both the parents; for it, the total is 12
First gets fourth (3 in it); daughters get two-third (8 in it); mother gets sixth
Also, the father gets sixth (2 in it), so fraction occurs at shares of daughters
By AUL, total are 15 and the ratios X 3 are 9:24:6:6 & the total = 45 (15 X 3)
This ends the fraction as each has the share in the total without any fraction
So if it’s 45000, husband gets 9000, each daughter 4000, each parent 6000
If heirs present as 3 daughters, the mother & the father, total shares = 6 X 3
Daughters get two-third, mother & father get sixth each (he is ASABAH too)
In total shares of 6, daughters get 4 of it (it’s fraction); & parents get 1 each
Fraction ends at daughters' share by the multiplication of all the shares by 3
The ratio holds at 12:3:3 & now each daughter gets 4 of shares conveniently
If heirs are the husband, 3 grandmothers & 6 real-sisters; they’re 10 in total
Husband gets half of it, grandmothers get the 6th; sisters get two-third of it
By total of 6, husband gets 3 of it; all grandmothers get 1; & all sisters get 4
AUL makes the total shares 8 so figures (ratio) in shares remaining the same
Multiplying ratios by 6 here gives a smooth distribution; so it is 18:6:24 = 48
Husband gets 18 shares; each grandmother gets 2; & each sister gets 4 of it
When it is 4 wives, 9 grandmothers, 6 paternal uncles; wives jointly get 4th
Grandmothers get the 6th together; & uncles are ASABAH here, in the issue
By 12; wives get 3 b/w them & grandmothers 2 b/w them; uncles get 7 of it
All have fractions in them; multiplied by 36 smoothens it, as it's 108:72:252
If heirs are 4 wives, 3 grandmothers, 5 uncles by father; they all get shares
Wives’ share is 4th; grandmothers get 6th together and uncles are ASABAH
By 12, four wives get 3, three grandmothers get 2 and five uncles get 7 of it
To rectify here, we may take any common multiple of 4, 3 & 5; let's take 60
Multiplying 60 to shares 3:2:7, result is 180:120:420; fractions end by 720
If heirs are a wife, 6 real-brothers & 3 real-sisters; the wife gets fourth in it
Others are ASABAH, male gets double of amounts of female, in distribution
Total shares being 4, the wife gets 1; others would get the other 3, of total
Wife has fraction as 1 over 4 & siblings have it too in that as 3 parts over 4
As other parts represent 15 in total & it is 3 parts of 4; total is 20 (15 X 4/3)
In 20 shares, the wife gets 5 while brothers get 2 each, & sisters get 1 each
If heirs are 3 daughters, 3 paternal uncles; daughters get two-third from it
Here, the total is by ratio-inverted or multiplication with a relevant number
Uncles are ASABAH, so they get the other of amounts, that is one part of 3
Multiplying by the ratio-inverted of 3 uncles, we get here, total of 9 (3 X 3)
3 Daughters get two shares each; & 3 uncles get one share each from total
If heirs are wife, 3 sons & 4 daughters; the wife gets the eighth in the total
Sons & daughters get the other 7; former get the double of what latter get
At this, we shall take 80 as the total shares for convenience in distribution
The wife gets 10 shares, sons 14 each, daughters 7 each from it smoothly
If heirs are wife, both parents, 2 sons, 5 daughters, and 2 paternal uncles
Wife gets eighth, both parents get sixth each and children, other of shares
Uncles do not get anything, as nearer ASABAH (i.e. children) deprive them
Shares have ratios 3:4:4:13; so total shares are 24, as denoted by addition
As children's shares are 13 of 24, we would multiply all ratios by 9 for ease
So we get 27:36:36:117 (total shares = 216) and the distribution is smooth
Now, we start KITABUL-FARAA'IDH at QUDURI, keeping the details in view
FARAA'IDH as mentioned studies the law to distribute all of the inheritance
Distribution b/w inheritors shall remain according to the command of Allah
This tells the specific shares of inheritors in FARAA'IDH, i.e. the inheritance
For the study of FARAA'IDH, it's better that we study few general rules to it
There are four valid expenses relating to deceased; first is funeral expenses
Second is to pay-off his debts; third is to execute his will to 3rd part of rest
Fourth is that balance of amount is distributed among all his valid inheritors
Main heirs to deceased are 3; ZAWIL-FURUDH, ASABAAT, ZAWIL-ARHAAM
Murderer of the man to whom he is one of heirs, doesn't remain heir to him
MURTAD (who leaves Islam) wouldn't get inheritance by his Muslim relative
Difference of his belief to the Muslim relative, deprives him of his share in it
Muslim also does not become heir to non-Muslim relative, even if he is close
Shares in all the left amounts are half, fourth, eighth, two-third, third & sixth
Half relates to five relatives; that is daughter, grand-daughter, the real sister
ALLATI sister receives half & also husband, if wife at death had no offspring
And fourth also relates to her husband, if she has offspring, male or female
Wife gets fourth if the husband has no offspring; eighth of it with offspring
Two-Third is to those who generally get share as half of it, if more than one
Third is for the mother if there's no offspring & also no sibling (or one only)
Mother gets the third of the remaining in a particular case in its distribution
If deceased has both, his spouse & his father, alive; she gets 3rd of balance
It's to AKHYAFI siblings too if more than one; equal shares to male & female
Sixth is for both parents, if the deceased person has any offspring alive then
It is for the mother too, if the siblings to deceased (more than one) are alive
It's also for the grandmothers & it's for grandfather too in absence of father
Grandfather would get it when the deceased has any of offspring alive then
In the offspring, not only sons but even their children are included by ruling
Grand-daughters by son would get sixth too in the presence of one daughter
With 2 daughters, they get nothing unless become ASABAH due to a brother
ALLATI sisters get the sixth too if there is only one real sister to the deceased
If there is only one of the AKHYAFI sibling alive then, she'd get the sixth of it
Both Grandmothers don't get anything if the mother is alive, as she's nearer
If father is alive, grandfather is not an heir; he also deprives the siblings of it
The father becomes ASABAH if he's present at distribution but not any other
AKHYAFI siblings are deprived too, by 4 relatives, present at the distribution
If he has offspring alive, or grandson (by son) or father or grandfather, alive
The daughters take two-third of the amounts, and deprive grand-daughters
Notable is that daughters in descendants, may share to two-third maximum
Brother to grand-daughters by son makes all ASABAH & they also get shares
If Real-Sisters get the two-third, ALLATI ones are deprived except by brother
ASABAH have relation to deceased, that has no woman directly, in-between
Sons, grandsons by them, father, grandfather by him, brothers & nephews
Lastly in sequence, Uncles by father become ASABAH too to him in amounts
Female may become ASABAH with male; they get shares as 1:2 respectively
Where AKHYAFI get amounts as shares, both male & female share it equally
HAJAB means to become stoppage to the share or to cause decrease in that
if it decreases it, it's named HAJBE-NUQSAAN; if stops, it's HAJBE-HIRMAAN
Former occurs in grand-daughters that have two-third if no offspring to him
With a daughter, it’s the 3rd; with 2 or more, it's HIRMAAN & deprives fully
Wife of deceased gets the fourth but with off-spring, gets eighth of amount
Mother gets sixth, if he has any offspring; or if he has two (or more) siblings
Left from two-third of daughters, it is for the grand-sons & grand-daughters
Left from real-sisters is for sisters by father (with brother); they're ASABAH
They get shares with the male who gets two of that & sisters get one of that
If the deceased leaves husband, mother, brothers by mother, real-brothers
Her husband gets half, mother gets sixth, brothers by mother get third of it
The real brothers in this situation get nothing, though they too are ASABAH
RADD (revision) is to pay balance, left in amounts, again to ZAWIL-FURUDH
RADD occurs by the ratios if there’s no ASABAH; there's no RADD to spouse
If accidental death kills heirs to each other, sequence in the death has value
Person dying afterwards is heir to other, yet if sequence is totally unknown
The heirs alive are paid then by amounts of all the deceased as appropriate
If man dies & his wife is pregnant, his amounts are not distributed, till birth
Grandfather & brothers both are ASABAH in it & both are rightful heirs to it
SAHEBAIN rule that both share it; grandfather's share would be 3rd at least
ZAWIL-ARHAAM, though far-away in distribution, do become heirs at times
When there are no ZAWIL-FARAIDH & no ASABAH, they get the shares in it
These are relatives too to deceased & are 10 in total; offspring to daughter
Offspring to sister, niece (i.e. by the brother), daughter of uncle (by father)
And uncle (by mother), aunt (by mother), and the grandfather (by mother)
Uncle to mother; aunt (by father); AKHYAFI brothers' offspring; total is ten
So QUDURI had discussed Math here to calculate due shares as we studied
Muslims excelled in Medicine, Astronomy, Psychology; 2nd asks for MATH
Practice of Islam only, is able to give the true peace inside; Al-Hamdu Lillah
Calculation is last chapter at QUDURI; we'd still learn it on; Al-Hamdu Lillah
There are initial chapters of QUDURI which we'd study on; Al-Hamdu Lillah
TAHARAT (WUDHU, BATH, TAYAMMUM, WIPING OF SOCKS)
The only aim of life is to worship Allah; all must keep this in view all their life
FIQH is the knowledge of commands in deeds, told by the KITAB & SUNNAH
KITAB is the Holy Quran; and SUNNAH is the guidance of Muhammad PBUH
WUDHU has 4 FARDH; washing face, hands to elbows, feet, wiping of head
WUDHU is washing of parts at SALAAT; FARDH is the obligatory in WUDHU
Wiping of head needs at-least fourth part once; others ask washing 3 times
SUNNAH for WUDHU includes the washing of hands after sleep for 3 times
And start WUDHU by the name of Allah; use SIWAK, gargle & wash nostrils
Wiping ears, KHILAL (wiping) of beard & b/w fingers; wash all parts 3 times
These from rise from sleep are all SUNNAH of WUDHU which are cared in it
MUSTAHAB (appreciated) in WUDHU is intention to it and wipe head totally
Also that it goes on in sequence, washing continuously, without any of gap
And to start it for each part by the right side & wiping the back of the neck
Many FAQIH take only last two as MUSTAHAB taking all others into SUNNAH
WUDHU is void by anything coming out from the site of urine or by the anus
Blood that flows little, pus & any of their combination if flows a bit, breaks it
It is so as blood, pus or combination flows towards part, that needs washing
To vomit by quantity that may fill-up the mouth & a person is unable to stop
To sleep at ease on the side, at the knees or inclining on anything; all break it
To incline on something that makes him fall on removal, this breaks WUDHU
To faint; to be affected by lunacy; to laugh by voice at the SALAAT all break it
Laughing is 3 types; QAHQAHA, ZEHEK, TABASSUM; first the near-one hears
ZEHEK is that he hears it himself; TABASSUM is which he even does not hear
First breaks WUDHU & SALAAT; and second breaks SALAAT but not WUDHU
TABASSUM (smile) doesn't break any of them; but he shall avoid all of these
In GHUSL (bath), FARDH is to rinse the mouth, wash nostrils, all of physique
SUNNAH for bathing is first to wash hands to elbows, private parts, any filth
Then, is the washing of mouth, nostrils & body; feet need washing at the last
If some part appears dry in part, it's valid to wash it even after a few minutes
If he omits FARDH (necessary) of WUDHU/GHUSL, it’s void; he shall revise it
Woman is allowed not to untie hair, if she has tied it in many parts; & tightly
She has to put water as to reach the basis of hair & that suffices for her bath
But if man ties hair as such due to some fashion, he shall untie it and wash it
Women shall not use nail-polish; it stops water to nails; WUDHU is void then
GHUSL is due at ejaculation by passion or if the man & wife make sex-relation
Ejaculation due to passion, asks it; with some wetness, it only needs WUDHU
If man bathes & has not urinated before, he has to revise if he sees the drops
It also becomes due as woman gets free of menses or the postpartum period
It is SUNNAH to bathe on Fridays, EID, taking EHRAAM, ARAFA (9th ZIL-HAJJ)
Light semen (MADHI), semen-droplets (WADEE) after urine, ask for WUDHU
To get purity by waters of rains, of wells, of mounts, even of seas is valid in it
These do give purity in both of HADATH (impurity), small or big, that ask for it
Big HADATH is situation which asks for bathing; small is that asks for WUDHU
HADATH doesn't end by waters of trees or extracted by fruits, or if it changes
Its change is at syrups, vinegar, gravy, beans-water, rose-water, carrot-water
Water changes its color, smell or taste as something mixes to it or falls into it
If a pure thing mixes with it & changes only one of qualities, it's fine for usage
If it changes 2 of its qualities, it's not fine to get purity even if the thing is pure
Stagnant water in which an impure thing falls, is not valid to use, to get purity
As one awakes, he must wash his hands 3 times, before use of bucket-water
If an impurity falls in flowing water & not seen or felt in it, it's valid for purity
If water has high quantity, purity at its side isn't affected by impurity at other
The idea for "high" is the pool of 10 by 10 meters; & it also needs depth in it
But such pool must not denote any impression of impurities, at its better side
This pool shall be so vast that shaking waters at one side, doesn't affect other
If at Previous, a living water-creature dies therein, it's valid to make WUDHU
Also if an insect dies in it that with no flowing blood, it does not affect validity
If an unseen impurity is therein but none of qualities changes, it's valid to use
Using the used water again for purity is void for purity in HADATH of any sort
If WUDHU is valid & yet made, water of second one counts as used water too
Skin of an animal is valid to use in SALAAT, if it is purified well, by DABAGHAT
DABAGAHT is way to dry it giving it sunshine to purify even if it's found dead
Recent ways are fine in DABAGHAT without usage of any forbidden chemical
By valid DABAGHAT, it's fine to read SALAAT on it or wearing cloth made by it
But the skin of swine remains impure as it is NAJAS (total filth), & remains so
Other parts of dead animal as teeth, hair, bones, are fine in medicine & dress
As man has sanctity, so it's invalid to use his skin, or parts, in transplantation
Grafting of his skin to his own self or transfusion of blood is fine; it is no loss
If some impurity falls into the well, taking-out all its water from it, purifies it
For ease, few buckets are taken-out of it after the impurity is taken-out of it
If it's mouse, sparrow or birds of that size, & lizard, it'd be 20 to 30 buckets
It's 20 to 30 buckets by bucket's size; note that mouse mustn't be wounded
Wounded mouse falling there, needs to take all water out of that to purify it
If hen, pigeon or cat dies therein, 40 to 50 buckets have to be taken-out of it
If dog or sheep dies therein, count of buckets is invalid; all water is taken out
If a man dies therein, it needs taking-out all the water though he has sanctity
If any creature asking for amount of buckets to take-out decomposes therein
In Previous, it is needed that the whole water of it is taken out, as to purify it
If it gets water by base, water taken-out shall equal its whole capacity to hold
It's fine to take-out 200 to 300 buckets from it if assessment of whole is hard
If dead animal comes in well's bucket, SALAAT of day & night shall be revised
Clothes or pots of the day & night washed by it, now would be washed again
If it comes out decomposed, it affects 3 last days & nights; SALAAT is revised
Water left-over of man & of animal edible, is valid to use; not of dog or swine
Left-over of wild hunting animals is void to use & of hunting birds is MAKRUH
MAKRUH means detestable; left-over of cat, hen; mouse; these are MAKRUH
Left-over water of mules/asses has doubts; better to use it only at necessities
But even if used, it's feasible to make TAYAMMUM too, either before or after
TAYAMMUM is to use clean sand for purity if water isn't available to WUDHU
It means in speech to intend for something; here the intention is to get purity
It is valid for patient; if water is adverse to condition, he may do TAYAMMUM
It is valid if traveler doesn't find water & he is away of city, at least mile away
Mile here is bigger than taken as today; it is 4000 ZIRA or 6000 ft. (4000X1.5)
Mile now is of 1760 yards; but here it's of 2000 yards & few furlong (approx.)
It is valid for traveler at fear that his drinking water would not last to his need
It's by 2 hits at dust; one for wiping the face, other for wiping hands to elbows
It's same for both HADATH & well for purity; it substitutes for WUDHU & bath
TAYAMMUM is valid by anything that relates to earth as sand, pebble, calcium
Hard SURMA (antimony) & SANKHIA (type of pebble) is valid for TAYAMMUM
Things burnt by the fire are invalid except for calcium that burns, yet it is valid
These mentioned are valid even if dust is unseen; others would show the dust
Intention is necessary in making of TAYAMMUM; in WUDHU, MUSTAHAB only
Things breaking WUDHU & GHUSL break them when purity is by TAYAMMUM
If he gets water, it ends; if done for bath, water has to suffice for bath to break
Traveler shall make WUDHU if he gets water timely; it isn't needed for patients
So patients would not revise the SALAAT by making WUDHU but others would
If someone doesn't find water at SALAAT & hopes to get it in time, he may wait
In Previous, if he reads SALAAT without wait, it's valid; revision isn't necessary
Even if he is not at travel & not patient, he may still make it, at some occasions
In Previous, at SALAAT of EID or funeral, it's valid if the time is extremely short
By 2 conditions that time is short & SALAAT doesn't have substitution, it's valid
So EIDAIN or JANAZA (funeral) might be read, by making TAYAMMUM at need
If he forgot reserved water & read SALAAT, he will not revise at remembrance
If he feels that water is nearby, he shall search till the very last time of SALAAT
If he doesn't feel so, he doesn't need searching; he shall read by TAYAMMUM
If his companion has enough water at travel, he would make his WUDHU by it
If he thinks it's useless as he would only refuse, he shall read by TAYAMMUM
If time for SALAAT is short & may elapse by WUDHU, he would still make that
He may read many of SALAAT; read the Quran by TAYAMMUM; until it breaks
Wiping over leather-socks is valid by SUNNAH, if someone wears it at WUDHU
It is valid if he makes WUDHU & wipes his socks as washing them isn't needed
It is valid yet the better thing is to wash them at every WUDHU, & not to wipe
These socks must cover his ankles too; for the resident, it is valid for 24 hours
For traveler, it's valid to wipe them 3 days and nights, without taking them off
If any sock is taken-off or it gets-off, the wiping ends; both feet need washing
If he's with WUDHU & takes them off, he has to wash his feet only, to make it
If water comes into foot, even with socks on, up-to half of it, it needs washing
Count of period of MASAH (wiping) starts from time while WUDHU terminates
MASAH is only on above of socks & it manifests by drawing all fingers to ankle
If he puts water on leather socks and draws 3 lines, his MASAH is satisfactory
FARDH in MASAH is that they get moisture on them up-to 3 fingers of an hand
If a person, with socks on, walks in rain, it is enough for validity of his MASAH
If a sock is torn up-to quantity of 3 small fingers of feet, MASAH is null & void
If torn at different sites, but equals quantity of 3 small fingers, it is null & void
Ruling tells singly for each torn sock; so if each is torn lesser, it remains intact
If bathing becomes due, MASAH ends as for bath, it's necessary to wash feet
Taking-off any of sock ends the MASAH & it also ends by the end of its period
At end of period, if he has WUDHU, he only needs to wash feet, & wear them
If resident travels, he has to count its 72 hours, from initial time of that travel
If he returns from travel, MASAH ends but he may make it again for 24 hours
If JURMUQ (cover to leather-socks) is worn then MASAH is fine upon that too
If thick socks have leather up & down stopping the water to go inside, it's fine
Such socks must be so thick that the wearer may walk to 3 miles only by them
Socks as of now are not so thick so are not valid even with leather up & down
MASAH on turbans, caps & gloves is not valid; it is allowed only at valid socks
Anything binding wounds allow MASAH over it & he may wipe it up-to healing
It stays even if bandage falls from wound but if it's healed when it falls, it's off
HAYDH (menses) means “flow” as experienced by adult female at each month
It's flow of vaginal blood; she experiences it but not lesser than for three days
And she has not experienced it before the age of 9 years as that is not HAYDH
That blood manifests at HAYDH & NIFAS (postpartum) & ISTIHADHA (its flow)
ISTIHADHA (blood-flow) is by affliction & may come by other site than womb
HAYDH is up-to 3 days but not more than 10 days; other blood is ISTIHADHA
If it is red, black, yellow, brownish, it tells HAYDH; & she would leave SALAAT
If the blood is white (or it's more than 10 days), then it's taken as ISTIHADHA
SALAAT is relaxed in HAYDH & asks no QADHA (reading later) unlike her fasts
She'd not enter mosques (even KA'BAH) as man, who needs bath in HADATH
Her husband is disallowed sex-relation in HAYDH; & she will not touch Quran
Man needing bath mustn't touch it too; normally, he will make WUDHU in it
Reading of Quran at computer/mobile phone by respect doesn't ask WUDHU
Woman at HAYDH, is allowed to recite Quran word-by-word, by some pause
Her husband would stop from sex-relation, until she takes bath after HAYDH
It's valid, when the time for a SALAAT passes after its end; or if ten days pass
TUHR (period of cleanliness) is minimum 15 days; if lesser , it's MUTAKHALLIL
So if menses occurs & 15 days-TUHR are yet to pass, it's TUHR-MUTAKHALLIL
With blood at MUTAKHALLIL, menses plus TUHR-days are ISTIHADHA for her
To discern menses from ISTIHADHA, it needs seeing her normal routine for it
If she used to have 3 days of it, it'd be HAYDH, & other remaining ISTIHADHA
SALAAT is off to her at HAYDH but she has to read it for other remaining days
TUHR is the whole period which is free of menses; she shall read SALAAT in it
ISTIHADHA has ruling as blood by nose which needs WUDHU at each SALAAT
And It doesn't hinder SALAAT, SIYAM (fasts); & sexual-relation with husband
If she gets it more than 10 days any month, more of the days are ISTIHADHA
If she had got initial menses more than 10 days, that's taken as routine to her
In ISTIHADHA, bath at each SALAAT is better but if hard, she'd make WUDHU
In ailments showing blood or urine drops, WUDHU is needed at each SALAAT
WUDHU then stays till the time of the SALAAT even in presence of such drops
But it'd break by any other reason (HADATH), though drops wouldn't affect it
NIFAS (Postpartum) blood has no minimum period, & its maximum is 40 days
Any-time it stops before 40 days, it is NIFAS; more than that, is in ISTIHADHA
If at previous child-birth NIFAS was lesser than it, days over it are ISTIHADHA
So if she had NIFAS of 30 days previously then days over it, is her ISTIHADHA
In Previous If calculation is not feasible, her NIFAS-period is normal (40 days)
If twins are born, her NIFAS-period starts by second child born (I.M., ZUFAR)
It is necessary that the person reading SALAAT, is free of NAJASAT (filth) fully
Free of NAJASAT means his body is clean, clothes are clean and place is clean
If anything is impure, he must clean it by clean water (or vinegar/rose-water)
If dry filth affects socks, it is enough for its purity, to rub it at the earth (dust)
If semen is dry, it is well to rub it off the cloth; its cleansing by water is better
If there is filth at earth, but it dries by sun, & leaves no effect, SALAAT is valid
But in Previous, that place at earth mustn’t be used for making TAYAMMUM
NAJASAT has 2 types; MUGHALLAZA (heavy filth) & MUKHAFFAFA (light filth)
Notable is if former equals a coin, or is lesser in volume, SALAAT is valid by it
If more than it at body; clothes; place; it must be cleaned to validate SALAAT
MUGHALLAZA includes blood, urine, stool, dung & animals' feces etc. in that
Urine of edible animals is MUKHAFFAFA & such also is feces of birds inedible
Feces of edible birds, other than hens (& kind) & ducks (& kind), isn't impure
MUKHAFFAFA is bearable to fourth of the cloth but more invalidates SALAAT
As washer washes an apparent filth but effect or smell stays, SALAAT is valid
If filth isn't apparent, washer must wash it till he feels satisfied that it's clean
To ask purity after nature's call, needs few of sandy pebbles; & water is best
If filth extends beyond the site, water is the only option, to ask purity from it
Neither dung nor bone is good agent to purity; edibles also must be avoided
Left hand shall be used for cleansing; right hand may carry the water-vessel
SALAAT (about AUQAAT-JAMA'AT-JUMU'AH-EIDAIN-JANA'EZ)
Allah has specified the AUQAT (timing) for all 5 SALAAT, in 24 hours to read
The Holy Prophet MUHAMMAD PBUH has told that for all SALAAT explicitly
FAJR is the SALAAT before dawn; its first time is the FAJR-SADIQ (True-FAJR)
The Light starts spreading then; its last time is before starting of the sunrise
Except when the sun rises, comes at mid-heaven & sets; & after FAJR & ASR
For Previous, note that SALAAT is disallowed at these 5 times; other are fine
Those who will, read MUSTAHAB-SALAAT at mornings (ISHRAQ & CHAASTH)
ISHRAQ is at 15 to 20 minutes after the sunrise, and till an hour or so ahead
CHAASHT (or DHUHAA) is after ISHRAQ, till before the sun comes overhead
In Obligatory, ZUHR is after ZAWAAL just as the sun crosses the mid-heaven
Its time stays, till shadows become double to actual sizes, according to A.H.
To SAHEBAIN, it ends when shadow comes to actual size & ASR is valid then
ASR starts at the end of ZUHR's time according to both; then ends at sunset
MAGHRIB starts after the sunset; & it ends as the light vanishes completely
As darkness covers the horizon at the west, the timing of ISHA commences
Time for ISHA is wide as it starts at end of MAGHRIB & stays till FAJR-SADIQ
It is better to read it late, near to midnight; it may be read at the last of night
Besides it, MUSTAHAB at night is named as TAHAJJUD; it brings near to Allah
After ISHA then, he would read 2 RAKAH & then WITR (three RAKAH WAJIB)
These 2 RAKAH are good as TAHAJJUD too after which he must wait for FAJR
TAHAJJUD is good, even if he wakes from sleep & reads it after reading ISHA
HF tells the better time to FAJR is to read it at some of light at eastern horizon
It also tells that FAJR at Ramadhan is better early as people rise at SEHR then
And ZUHR is better late at hot weather & it is better early when it's moderate
Reading ASR is better late, but before the sun changes to red color at horizon
MAGHRIB is better to read immediately, & ISHA is better to read late in night
HF tells that ISHA is better up-to 3rd of night; but not better, if it is read later
WITR is better to read late after getting some sleep, after reading TAHAJJUD
ADHAN (the call to SALAAT) is SUNNAH; that calls Muslims to attend SALAAT
It has total of 15 sentences in the call as it is presented at the sub-continent
At FAJR-ADHAN, it has an addition "AS-SALAATU-KHAIRUM-MINAN-NAUM"
It is for 2 times & means "SALAAT is better than sleep"; total is 17 sentences
IQAMAH (call at JAMA'AT) also is similar but adds QAD-QAAMATES-SALAAT
It means that SALAAT has stood (JAMA'AT is now prepared to read SALAAT)
ADHAN is said with ease & with some time, in pronouncing its 15 sentences
IQAMAH is said as normal speech speaking all of its sentences continuously
In ADHAN, it is better to turn face left & right; the body remains near to stiff
Previous is done in it at "come to SALAAT"; and "come to FALAAH (success)"
In QADHA of few of SALAAT, first of SALAAT needs ADHAN; & others do not
HF validates ADHAN if given without WUDHU, but tells IQAMAH is MAKRUH
ADHAN for SALAAT is called at time & not before as then it needs its revision
ADHAN by woman is void & her presence at mosque for SALAAT isn't asked
SHURUTUS-SALAAT (conditions to SALAAT) are such that are necessary to it
They occur prior to SALAAT for MUSALLI (who reads it) contrary to ARKAAN
It's asked from him to be clean of impurity, not in the need of WUDHU/ bath
Cleanliness includes that he mustn't have any filth on his body or on its place
Besides these three that ask cleanliness to MUSALLI, there are 4 other things
So it also is asked that he hides all his SATAR (from belly to knees), at SALAAT
SATAR for woman is all her body, except for her face, her hands and her feet
If SATAR opens to fourth part for some period, it makes his/her SALAAT void
SATAR of the slave-woman was as of the man; usually she did care for more
If only cloth for the SATAR is filthy, but to 4th part, he shall read SALAAT in it
With no cloth available, he shall still read SALAAT albeit he shall read it sitting
Also needed is his NIYYAT (intention) to read SALAAT without any gap in b/w
But it is not necessary to speak-out his intention of SALAAT in words verbally
If by genuine error, he makes intention to other SALAAT than which he reads
In Previous, if he realizes but reads it on without revising words; it's still valid
As noted, SALAAT is read adjacent to NIYYAT and there is no work in between
Also needed is that the time for the SALAAT he's reading has taken place then
Also needed is that the direction for the SALAAT is towards QIBLAH (KA'BAH)
At genuine fear, he may read it to any direction, though he'd guess by efforts
The genuine fear may occur by deadly enemy or wild animals if he's at jungle
If he gets the guidance to right direction at SALAAT, he must face accordingly
FARA'IDH of SALAAT are needed things (ARKAAN) inside SALAAT; they are six
TAKBIR-TEHRIMA is the first of its ARKAAN (inside it) though it starts SALAAT
It prohibits few normal acts as talking, walking, eating, drinking and laughing
Second is QIYAAM (to stand in SALAAT) that too is one of ARKAAN of SALAAT
Third is to recite some of the Holy Book Quran in QIYAAM; it's in ARKAAN too
Fourth is RUKU' (To bow towards Allah); it's done by keeping hands on knees
Fifth is SAJDAH (prostration to Allah), by putting the head to the floor in that
Sixth is the last sitting, at-least for the space of reading TASHAHHUD, in total
Leaving any of FARA'IDH (ARKAAN) in it, makes it void & asks for its revision
In Previous, it is notable that even SAJDAH-SAHW does not repair omissions
SAJDAH-SAHW means two SAJDAH at end of SALAAT, to mend any flaw in it
They repair flaw in any WAJIB of SALAAT, but not in FARA'IDH (i.e. ARKAAN)
WAJIB (necessary) in it are as follows where SAJDAH-SAHW repairs the flaw
Reading of Surah FATIHA that is the first SURAH of the Holy Quran, is WAJIB
After it, reading SURAH, or a long AAYAT or 3 short AAYAAT from the Quran
To perform all ARKAAN in sequence, & also the last of sittings, in the SALAAT
Recitation of TASHAHHUD (which is due recitation at sittings), at the SALAAT
To recite in low voice in ZUHR & ASR, and with high voice in other of SALAAT
Previous is WAJIB on IMAM but reading it alone, he may read with low voice
SALAAT needs TA'DIL that is reading it by care giving due time to all postures
So it needs standing straight, after RUKU; & sitting at ease, b/w both SAJDAH
To forget reading QUNUT in WITR, or added TAKBIR in the SALAAT of EIDAIN
To forget any of these or to make error in these, requires the SAJDAH-SAHW
But leaving any by Intention asks revision; SAHW doesn't mend willful errors
SALAAT has other rulings too, as told by Ahadith, mentioned as SUNNAH in it
The way to read SALAAT by care to FARA'IDH, WAJIB & SUNNAH is as follows
To start his SALAAT, MUSALLI raises both hands, up- to lower tips of his ears
Women raise hands to shoulders, & it's better for them to conceal palm even
He'd say ALLAHU-AKBAR (& to say ALLAHU-AL-AKBAR or Al-KABIR is well too)
Saying ALLAHU-AKBAR is much better and it is the usual way to say TEHRIMA
Palms shall be towards KAA'BAH as much as possible, at the commencement
He keeps his left hand below navel and keeps his right hand on it, in QIYAAM
By his right hand he holds his left wrist, that is he holds it by thumb & fingers
He recites the SANA; & then A'OOZU-BI-ALLAH & BISM-ALLAH, in a low voice
Then FATIHA; then more of the Holy Book Quran & then says AMEEN silently
AMEEN is said at the end of FATIHA, and HF asks to say it silently at QIYAAM
IMAM & MUQTADI (those reading SALAAT in his following), both say silently
Then at RUKU he puts his hands at knees and holds them by his open fingers
His back shall be straight as much as possible, while he is in posture of RUKU
He says SUBHANA-RABBI-AL-AZEEM, 3 times, or 5 times, or 7 times, in RUKU
Then he says "SAME'-ALLAHU-LEMAN-HAMEDA", or RABBANA-LAKAL-HAMD
Former is for IMAM and latter is for MUQTADI; reading alone, he'd says both
He stands straight at QAUMA which is the posture of his standing after RUKU
Then he says ALLAHU-AKBAR & falls into SAJDAH; it is the prostration to Allah
In SAJDAH, he keeps his hands, & his head b/w both his hands, to the ground
So he keeps his forehead & nose, to the ground except if anything prevents it
If he makes SAJDAH at his cloth/extension of his cloth, it's valid as he presses
He keeps thighs away from his belly and keeps hands open, exposing armpits
But the woman will remain concealed in reading SALAAT, as much as possible
She would conceal herself by drawing all of her physique in all of her SALAAT
He has to point fingers of his feet towards KA'BAH in SAJDAH if that's at ease
Both his feet would touch the ground as without that, SAJDAH becomes void
Where both his feet do not touch it, SAJDAH is void; & so it requires revision
He says SUBHANA-RABBI-AL-AA'LA, 3 times or 5 times or 7 times at SAJDAH
Then saying ALLAHU-AKBAR, he sits at ease & then he goes to SAJDAH again
Then saying ALLAHU-AKBAR, he stands for his second RAKAH without sitting
He reads his 2nd RAKAH the same way except for SANA & A'OOZU-BI-ALLAH
Rising from 2nd SAJDAH in this RAKAH, he sits on left foot, in normal manner
His right foot stands with fingers towards KA'BAH, if that's no trouble to him
He keeps his fingers spread at his knees, & then reads TASHAHHUD in sitting
In the last 2 RAKAH, he recites FATIHA only in QIYAAM or stands to its space
If he reads any SURAH after FATIHA by mistake, it is no issue; SALAAT is fine
In Previous, he doesn't even need SAJDAH-SAHW as it is not necessary here
SALAAT which is SUNNAH (& NAFL), need SURAH also in the last two RAKAH
In the last sitting, he reads TASHAHHUD and then recites DURUD-IBRAHIMI
After DURUD, he asks Allah for his needs by words mentioned at the Quran
He might read words as told in Ahadith as DUA, that ask Allah for His mercy
Last, he says TASLIM to end SALAAT that is SALAAM to angels at left & right
IMAM recites by voice, in first 2 RAKAH of JAHRI-SALAAT (that needs voice)
In other SALAAT, he needs to recite silently; MUSALLI if alone has an option
WITR is SALAAT that has 3 RAKAH, where in the third, he shall read QUNUT
HF tells MUSALLI will read QUNUT in WITR before RUKU of 3rd, all the year
In WITR, all three RAKAH need SURAH; QUNUT is after SURAH at third of it
MUSALLI reads QUNUT only at WITR after any of SURAH and after TAKBIR
It is not needed to read any specific SURAH of the Quran, in any of SALAAT
After FATIHA, he may read any SURAH or 3 short AAYAAT or a long AAYAT
HF asks MUQTADI not to recite FATIHA as IMAM's recitation suffices here
HF takes the recitation of SURAH too by IMAM, as sufficient for MUQTADI
MUQTADI would intend to read SALAAT that it is in the following of IMAM
JAMA'AT (congregation in SALAAT) is SUNNAH-MUAKKADAH; it has stress
Better in IMAMATE of SALAAT is the one who is more mindful of SUNNAH
If there are many such persons then the one who recites the Quran better
If it also does not decide conclusively, then the one who is the most pious
If many are competent in knowledge, recitation, piety, then age decides it
It's not valid for villager or blind, or someone who is born out of wedlock
But if these are most aware of Islam then surely their IMAMATE is worthy
It is not feasible to give IMAMATE to sinful persons; it's unjust at any time
But if he leads SALAAT, it's valid for MUQTADI; he doesn't require revision
IMAMATE of such persons who are most sinful Muslims is very detestable
Yet if they do take it up, HF validates MUQTADI's SALAAT without revision
IMAM would read SALAAT in manner that it ends in moderate & brief time
He must care for MUQTADI & must not impress his position being at head
JAMA'AT b/w women is MAKRUH-TEHRIMI so they will read SALAAT alone
If MUQTADI is one, he will stand near at the right of IMAM but behind him
If two, then IMAM stands ahead of them, as he stands usually at JAMA'AT
It's disallowed for men to appoint woman or child their IMAM in JAMA'AT
Men stand first in rows then children and lastly, the women stand in rows
It's notable that it is much better for women to read their SALAAT at home
If female stands very near to male at same row, his SALAAT would be void
For the old women there is no issue if they attend any SALAAT at mosques
It's not valid to follow IMAM who gets impure by urine due to an affliction
Person able to recite the Quran well, shall not follow IMAM unable to do it
The man who makes TAYAMMUM, may lead men, who had made WUDHU
If he wipes KHUFFAIN (the leather socks) he may lead men who wash feet
It’s allowed if he leads sitting those who stand behind him due to a reason
It's void to make IMAM such a person who reads SALAAT by gestures only
MUQTADI must not take IMAM who reads NAFL, when he intends FARDH
But MUQTADI may read NAFL behind an IMAM, who is reading his FARDH
If IMAM saw later that he was not at purity, he needs to inform MUQTADI
All MUQTADI would revise that SALAAT as it becomes void in this situation
It's MAKRUH-TEHRIMA (most detestable) to toil with clothes at his SALAAT
Or to play with a part of his body in it by intention or without any intention
Previous implies that he must not click fingers or/and remove pebbles in it
But if they hinder his sitting or SAJDAH, he may remove them for once only
Neither will he enter fingers into fingers in it nor will he keep hands on hips
The posture of keeping hands on hips is disallowed & mentioned as satanic
Sport-persons must take care to this as they sometimes adopt this posture
He shall not put a sheet at shoulders that its sides hang (it's named SADAL)
Also, he must not read SALAAT with his hair bound even if it's very lengthy
He mustn't see left or right; glancing at sides, not turning face/chest is fine
He mustn't sit like a dog in SALAAT (except if an affliction asks for it to him)
Sitting like a dog means to sit on hips binding knees with both of his hands
Answering by gestures even for SALAAM in the SALAAT makes it MAKRUH
He mustn't sit spreading himself but by reason, as it is MAKRUH-TEHRIMA
He must not talk in it, as talking, eating, drinking, these make SALAAT void
If WUDHU breaks, he must go and make it; then may continue his SALAAT
Continuation ahead of his on-going SALAAT as he returns, is termed BINA
However, it's much better to revise the total SALAAT, especially as of now
If in it the MUSALLI sleeps, faints or laughs (by voice), it's certainly invalid
In Previous, he has to make WUDHU again & then he shall revise SALAAT
If after end of last TASHAHHUD, WUDHU breaks without any of intention
His SALAAT is complete; he makes his WUDHU & sits then makes TASLIM
Previous needs scrutiny as it breaks WUDHU & SALAAT so it is most void
If MUSALLI reading by TAYAMMUM sees enough water, within his reach
His SALAAT is void so he would make WUDHU by that and revise SALAAT
There are 12 issues before or after TASHAHHUD, where he shall revise it
First is as mentioned that he revises seeing enough of water within reach
Second is that the period for MASAH of his leather socks, ends at SALAAT
Third is taking-off both, or one of leather socks, b/w the ongoing SALAAT
Fourth is trying to learn some of the Quran while he reads on his SALAAT
Fifth is that he reads without total clothes to SATAR, & finds b/w SALAAT
Sixth is that MUSALLI reading with gestures, gets ability to read it normal
Seventh is that he remembers that he needs QADHA of previous SALAAT
Eighth is when IMAM forwards in his place a man unable to recite Quran
Ninth is that when the sun rises and he still is reading his SALAAT of FAJR
Tenth is when the time of ASR comes up, during on-going Friday-SALAAT
Eleventh is when the covering of his wound falls, disclosing it has healed
Twelfth is when a woman afflicted by blood-flow, gets relief b/w SALAAT
Note in Seventh that he is SAHEBE-TARTIB, who left a SALAAT, by chance
Note in Eighth, due to HADATH, IMAM needs to bring a MUQTADI ahead
SALAAT needs to be revised even if these issues occur after TASHAHHUD
In case any of these occur before TASHAHHUD, all ask SALAAT's revision
SAHEBE-TARTIB reads SALAAT in sequence if time of current one permits
He's SAHEB to five of SALAAT because QADHA of more asks no sequence
Reading the needed QADHA, returns him his designation again, as SAHEB
There are 3 plus 2 times in 24-hours when to read SALAAT is not allowed
Three are when the sun is rising; when it is overhead; & when it is setting
Two of them are, when he has read his SALAAT of FAJR until the sun rises
And when he has read his SALAAT of ASR till MAGHRIB, when it sets fully
It is not right to read SALAAT at these times, as many of AHADITH clarify
HF allows to read QADHA at two latter times; avoidance is indeed better
Much emphasis is on 2-SUNNAH before FAJR; it's better to read at home
2-SUNNAH after ISHA are also notable and better at TAHAJJUD, at home
SUNNAH-SALAAT are neither FARDH (obligatory) nor WAJIB (necessary)
Every SUNNAH-SALAAT practically is NAFL but every NAFL isn't SUNNAH
NAFL (MUSTAHAB; additional SALAAT) are not asked yet are appreciated
These include two RAKAH that are highly notable before FAJR, at its time
Before ZUHR, there are 4 RAKAH and 2 RAKAH after it; they are SUNNAH
Also, there are 2 RAKAH as SUNNAH after MAGHRIB, & also 2 after ISHA
It is highly better to read 2 SUNNAH after ISHA, at TAHAJJUD late in night
So total of these NAFL come to 12 RAKAH & it's appreciable to read them
If MUSALLI reads FARDH & WAJIB (WITR) leaving NAFL, he isn't blamable
But he shall read the 2-SUNNAH after ISHA & the 2-SUNNAH before FAJR
Both are better at home; former at TAHAJJUD & the latter at time of FAJR
Besides them, other of NAFL also are appreciable, to read all by 2-RAKAH
In FARDH, recitation of the Holy Quran is obligatory, in the first 2 RAKAH
In last two, he may read FATIHA, or may keep silent to its recitation time
In WITR & NAWAFIL & SUNNAH, he would recite the Quran in all RAKAH
In second sitting of the four SUNNAH, it's allowed to read full up-to DUA
But then at 3rd, he would read SANA, A'OOZU-BI-ALLAH, & BISM-ALLAH
Notable is that the ground must be plain at feet & at the place of SAJDAH
If the place of SAJDAH is little raised, it's valid; it mustn't be highly raised
At intense crowd, SAJDAH at the back of the MUSALLI ahead, is valid too
If he has commenced NAFL & abandons by any reason, he must revise it
It is obligatory once started & he would end it even by QADHA if needed
If abandonment is after 2 RAKAH, he shall make QADHA for the last two
NAFL is by twos in general, but maybe read as four RAKAH continuously
It is allowed to read NAFL sitting & he may even start it standing then sit
It is better to leave NAFL at any of physical afflictions & even at traveling
SAHW means slackness (in WAJIB of SALAAT) and repaired by 2 SAJDAH
These SAJDAH are after the SALAAM at right reading last recitation again
Leaving any of FARA'IDH (ARKAAN) in it makes it void & it needs revision
In Previous, notable is that it is not even repaired, by the SAJDAH-SAHW
He may make these after 2 of SALAAM as he remembers he needs them
But validity only is up-to the period he does nothing contrary to SALAAT
If MUSALLI leaves a WAJIB in SALAAT, it needs repair by SAJDAH-SAHW
SALAAT needs these, even when MUSALLI adds, or he leaves something
It may be acceptable generally as part of SALAAT but still it's an addition
For instance, if he reads TASHAHHUD 2 times then he needs to do them
But he may recite SURAH at 3rd or 4th of FARDH, though not necessary
If he delays any of FARA'IDH to notable time then that also needs these
At JAMA'AT, SAHW by IMAM affects MUQTADI; they would follow him
As IMAM mends it by SAJDAH at end, they follow him so the flaw is off
If MUSALLI stood & didn't sit at middle sitting, he'd sit, if he is near to it
In Previous, he doesn't even need SAJDAH-SAHW & his SALAAT is valid
If near to standing & still sits, he needs SAJDAH-SAHW at the last, for it
If he doesn't sit & proceeds, it is most valid by SAJDAH-SAHW at its last
If he stands from last sitting by mistake and remembers before SAJDAH
He must sit again, make SAJDAH-SAHW instantly, read its last recitation
If he makes SAJDAH of 5th RAKAH then he must read 6; last 2 are NAFL
In Previous, he read his FARDH-SALAAT & it does not need any revision
If he suspects whether he has read 3 RAKAH or 4, revision for it is good
If he often suspects such in it, he shall take three; that he sure has read
In Previous, he'd read by sitting in both, and do the SAJDAH-SAHW in it
Patient may read it sitting; he may read by gestures for RUKU & SAJDAH
His SAJDAH is by more of bowing of his head than he does in RUKU in it
To pick anything to forehead for SAJDAH is disallowed; gesture suffices
Reading SALAAT on chairs asks caution as SALAAT this way is awkward
If he's able to read it but lying only, he may read it by pillows at his back
In Previous, feet are towards KA'BAH but this doesn't affect his SALAAT
If he can't read it even by gestures (hands & head), he must postpone it
It is invalid to read SALAAT by gestures of eyes or eyebrows or by heart
If 5 SALAAT pass in Previous, they don't ask him QADHA as he recovers
If RUKU or/& SAJDAH is not possible, he would leave them & stand only
If he faces an affliction during it, he may proceed sitting, by his gestures
And if he starts SALAAT sitting due to affliction & he feels well reading it
In Previous, he shall read it standing at on-going SALAAT, for its validity
Change in posture from the start is fine by reason yet with an exception
That exception is If he starts by gestures but he finds strength to read it
In Previous as exception getting strength to read normally asks revision
SAJDAH-TILAWAT (due by reading verse among 14 verses in the Quran)
These occur at AARAAF (at end), RA'AD, NAHL, BANI-ISRAEL & MARIUM
Others are at HAJJ, FURQAAN, NAML, ALIF-LAAM-MIM (TANZIL), SAAD
And at HA-MIM (SAJDAH), NAJM, INSHIQAAQ, ALAQ; so the total is 14
HF tells that it is WAJIB for reader & hearer, even if it's chance- hearing
HF rules this SAJDAH needs the same conditions, that SALAAT asks at it
So it needs TAKBIR (without raising hands), then SAJDAH same manner
Woman at her period isn't liable to it even if she hears it from someone
However, a man needing bath is liable to make it after he takes his bath
If IMAM reads verse of SAJDAH, MUQTADI shall follow him, in SAJDAH
If someone hears such verse in SALAAT, he shall make after his SALAAT
If he does it at SALAAT, he'd still make it after it too as it doesn't suffice
In Previous, SALAAT is not void yet SAJDAH still remains as due on him
But its recitation at SALAAT, asks it there; it is done as he goes to RUKU
If he hears any such verse & reads the same at his ongoing SALAAT too
As he makes SAJDAH in his SALAAT, SAJDAH due for both is done there
AAYAT (verse) of SAJDAH asks it only once, though read many of times
But it is where he reads it at one sitting only and once fulfills his liability
He may make SAJDAH as he reads it instantly, or after end of recitation
For traveler; there is some ease in reading SALAAT as he shortens there
He is traveler when he is away at-least 48 miles to hometown, in travel
This is distance of about 78 Km where he reads with QASR (shortening)
It depends on his NIYYAH (intention) counted by end of his town's limit
It applies, as the traveler intends his stay at destination, within 15 days
FARDH in it is 2 at FAJR, 2 at ZUHR, 2 at ASR, 3 at MAGHRIB & 2 at ISHA
So FAJR & MAGHRIB don't change; he shall read 2 SUNNAH of FAJR too
He must also read WITR & 2 of SUNNAH before it, at time of TAHAJJUD
If someone reads 4 RAKAH by mistake instead of 2, the last 2 are NAFL
But in Previous, he shall have sat at second RAKAH; otherwise it is void
He'd be ruled as traveler, unless he wills to stay for more than 15 days
If army-battalion wills to stay more than 15 days near to the war-place
They'd still read SALAAT as QASR, & even their will does not value here
If traveler reads SALAAT in following of resident IMAM, he'd read fully
If traveler is IMAM of residents at 4 RAKAH, he would read it by QASR
MUQTADI shall continue reading of remaining after he makes TASLIM
He must inform MUQTADI before its start, that he is a traveler therein
At return to homeland, he'd read it in full even if he leaves within a day
If he leaves his town for good with no residence there, and takes other
So now visiting that, he'd be traveler if he intends to stay there 15 days
If he stays at 2 places near to each other, then the time is taken in total
So he is resident if he travels and stays at places very close, for 15 days
If he stays at sites not close, he is traveler, even if they total for 15 days
For instance, if traveler to MAKKAH goes to MINA, so total stay is more
He'd still remain traveler, as both places aren't very close to each other
Traveler may read 2 SALAAT near to each other, if each is in own timing
HF validates reading of 2 SALAAT very close yet at the respective timing
At voyage by ship, A.H. validates reading of FARDH-SALAAT, sitting in it
SAHEBAIN invalidate reading it sitting except if it is due to a valid reason
If he reads QADHA at travel that occurred as resident, he shall read full
Likewise if he reads QADHA of travel at home, he shall read it, by QASR
Convenience for SALAAT at the travel is valid, for all MUSALLI traveling
It includes both, who travel for good reason, & who travel for bad ones
Other 3 IMAM rule its invalidity for those, who travel by bad intentions
In the Islamic teachings JUMU'AH has special connotation being sacred
JUMU'AH (Friday) is told as that day, when ADAM-AS entered JANNAH
It was JUMU'AH as he entered the world & QAYAMAT would come at it
SALAAT for JUMU'AH occurs at big cities only having spacious MASAJID
JAME'-MASJID used to be main mosque at city; AMIR used to be IMAM
Nowadays, there are many of wide MASAJID & many ULAMA as IMAM
Previous is good being necessary at big cities & it is not asked at villages
But If village is big enough with big mosque & with considerable market
In the village mentioned, JUM'AAH is valid; & it has other conditions too
Its conditions include that the time is for ZUHR (as it is read instead of it)
And it has IMAM's Arabic KHUTBAH before it on time, with sitting in b/w
KHUTBAH is the Friday Speech that IMAM delivers to people attending it
He'd be with WUDHU yet if he gave it without WUDHU, or gave it sitting
Previous though MAKRUH-TEHRIMI would not affect JUMU'AH; it's valid
However, SALAAT needs WUDHU as its condition so without it, it is void
IMAM must give KHUTBAH that praises Allah, & mention His commands
It's read in JAMA'AT (with at-least 3 persons in following besides IMAM)
IMAM may read any SURAH with voice; no SURAH is specific to JUMU'AH
It's not due on traveler, woman, afflicted with illness, child, slave & blind
They would read ZUHR; they may even attend JUMU'AH instead of ZUHR
If he is traveler or afflicted with illness yet becomes IMAM in it, it is valid
If someone reads ZUHR at home & not JUMU'AH without its valid reason
Previous is MAKRUH-THERIMI yet his SALAAT of ZUHR is valid even then
JUMU'AH isn't due on crippled persons or prisoners due to confinement
Joining the JAMA'AT he’d end standing after JAMA'AT to read left RAKAH
There's difference if he joins it at end; SHAIKHAIN ask to read it as stated
I.M. asks to read it as ZUHR if he doesn't find more side of its 2nd RAKAH
As IMAM comes out to KHUTBAH, all at mosque must leave conversation
None shall commence any of SALAAT at that time, but hear the KHUTBAH
Just after that in Arabic, IMAM shall commence the SALAAT for JUMU'AH
EIDAIN are 2 days each year when Muslims express the gratitude to Allah
Both of EIDAIN denote that Muslims are highly pleased, at fasts/sacrifice
At EIDUL-FITR (of RAMADHAN), good to eat sweet dish before its SALAAT
It's good to take a bath, put scent, wear clean dress and leave for SALAAT
He may say TAKBIR going to SALAAT, but not by raised voice; that's better
He mustn't read NAFL before EID-SALAAT; he may read it at home after it
As the sun rises to some extent the time of EID-SALAAT occurs till ZAWAL
IMAM & MUSALLI both read 2 RAKAH, with additional TAKBIR at SALAAT
SALAAT commences same way but after SANA, it has 3 additional TAKBIR
Then it goes on by the usual way but before RUKU at second, has 3 more
At fourth TAKBIR, all make RUKU; rest of SALAAT is same way; it's WAJIB
In additional TAKBIR at first RAKAH, hands are raised and held at the 3rd
In additional TAKBIR at 2nd RAKAH, hands are raised, RUKU made at 4th
After it, IMAM shall deliver KHUTBAH, and teach issues about SADAQAH
Salat of EID has no QADHA but now, it's read at many places; easy to get
It's feasible to read SALAAT at the next day of EID, if there is valid reason
But if it's not read even at the 2nd day, it's invalid to put it to the next day
At EIDUL-ADHAA, nothing is eaten before SALAAT but only after sacrifice
He'd go towards the place of EID; at this EID, say TAKBIR raising his voice
He'd read EID-SALAAT in it too as EIDUL-FITR & IMAM delivers KHUTBAH
He shall teach about QURBANI (sacrifice of animal); & TAKBIRE-TASHRIQ
TASHRIQ are the days of HAJJ; TAKBIR starts at FAJR of 9th of ZIL-HAJJAH
TAKBIR are said after each SALAAT from FAJR of 9th until ASR of 13th day
If SALAAT for this isn't read at EID, it may be read at 2nd, or even 3rd day
TAKBIRE-TASHRIQ in these days, is recited by MUSALLI following manner
ALLAHU-AKBAR, ALLAHU-AKBAR, LA-ILAHA-IL-ALLAHU WALLAHU-AKBAR
ALLAHU-AKBAR WA LILLAH-EL-HAMD; in brief, "praise is for ALLAH only"
At solar eclipse, SALAAT (2-RAKAH) is read to ask Allah's mercy & His care
There is no ADHAN & no IQAAMAT but JAMA'AT in SALAAT at solar eclipse
And this SALAAT is read as regular SALAAT & IMAM doesn't say KHUTBAH
IMAM reads by voice in it and makes DUA facing KA'BAH until light returns
IMAM leading this SALAAT would lead it by long recitation in it at mosque
If the mentioned IMAM is not available, the people may read it individually
At the lunar eclipse whoever wills to read SALAAT he may read individually
SALAAT for ISTISQA is to ask Allah for rain when it stops, to end the worry
IMAM reads 2-RAKAH SALAAT with recitation by voice and gives KHUTBAH
And he makes DUA facing KA'BAH, & turns sides of sheet worn at shoulder
According to HF, IMAM only turns it over, as MUQTADI do not turn sheets
ISTISQA is the specific plea of Muslims to Allah & they only would attend it
TARAVIH is SALAAT at nights of RAMADHAN (20 RAKAH); it needs JAMA'AT
After each 4 RAKAH, there is a wait for the same period as 4-RAKA'AH takes
But this is not necessary & is not observed for much time but for little while
SALATUL-KHAUF is read at utmost fear (from wild animals & deadly enemy)
It is either read with JAMA'AT with one group at guard or either individually
AT KHAUF (fear), MUSALLI may read it upon animal, he rides facing KA'BAH
There are ways to read it by JAMA'AT and the best is by division into groups
One keeps guard and the other reads 1st RAKAH with IMAM & 2nd by itself
IMAM waits after first RAKA'AH sitting as the group ends SALAAT & departs
Now the guard arrive so he stands & leads them; they end it by their-selves
So IMAM reads his 1st RAKA'AH with the first group & 2nd with the second
Both end their 2nd RAKA'AH by own standing for it and IMAM waits or ends
QUDURI tells another way to it; first group leaves when it reads first RAKAH
And 2nd group comes and reads 1st RAKAH with IMAM and departs after it
Then the first group comes again to its SALAAT & completes the 2nd RAKAH
And then the second group does the same; this asks gaps in SALAAT of both
Better way among the two seems the first manner to read SALAATUL-KHAUF
Today, it's most feasible that these groups read by two JAMA'AT, one by one
JANAZAH-SALAAT is to ask ALLAH for the Muslim's mercy just after his death
His face when near to death is turned to KA'BAH; KALIMA is recited near him
Someone binds his mouth (& his thumbs of feet too) & closes eyes as he dies
He says "by the name of Allah; he was on way of followers to Prophet PBUH"
He is laid on the wooden bed to give him bath with cloth that is on his SATAR
The wooden bed is smoked by any scented material burnt at pot three times
His clothes are taken-off without disclosing his SATAR & his stomach rubbed
Then by gloves at hands, his anus is cleansed of filth with few sandy pebbles
He is given WUDHU (FARAIDH only) without putting water into mouth/nose
But if he died in need of bath, his mouth & nose are rinsed by clean wet cloth
His hair is rinsed by water with appropriate plant mixed in it, to soften it well
Orifices at face (mouth, nose, ears) are plugged by cotton-balls to stop water
Water taken for bath is boiled with leaves of BAIRI (green-berry), or it's pure
Turning him to left, the water is put full upon him, onto right side three times
Turning him to right, the water is put full upon him, onto left side three times
So 3 complete washings are provided to the dead body of the Muslim person
He's bit raised with SATAR covered & stomach rubbed to wash-away any filth
To ensure no filth remains, certain water is put at back with SATAR concealed
Body is wiped by clean dry cloth (SATAR covered) & cotton balls are removed
Hair & Beard are rubbed by scent & any worthy scent at hand, will do for this
Such parts that have touched the ground at SAJDAH are rubbed by that softly
These parts include forehead, nose, fingers of the feet & of hands; even palm
This is the manner by SUNNAH; FARDH is done if washed once by clean water
Men are shrouded in KAFAN of 3 clothes; IZAAR, KAMEEZ, LIFAAFA (covering)
IZAAR is from the head to feet; it covers both with a width to wrap him whole
KAMEEZ is a cloth from neck to toes, double in size, for dressing to both sides
It's doubled & hole is cut at the middle to pass the head through & it is put-on
It's one big cloth with no holes for arms; after this only, SATAR-cloth is drawn
LIFAAFA covers whole of the dead body fastened at both above & below of it
Way applied is that LIFAAFA is spread & IZAAR is put on it, both nearly equal
First, KAMEEZ is put to him, then IZAAR & then LIFAAFA (right side upon left)
There is high care to SATAR and after this all is done, cloth at SATAR is drawn
Women's KAFAN has five clothes in it, as additional are KHIMAAR & KHIRQA
KHIMAAR is to bind her hair; KHIRQA to bind her breasts & extends to knees
She may be given KAFAN in 3 clothes that are IZAAR, KHIMAAR and LIFAAFA
Way applied is KAMEEZ, KHIMAAR, KHIRQA, IZAAR and LIFAAFA covers fully
Hair isn't combed; nails aren't cut; KAFAN is smoked by scent for 3 or 5 times
AMIR has priority to lead SALAAT of JANAZAH & second priority is for QADHI
The 3rd priority is for the IMAM of the mosque in vicinity to read the SALAAT
IMAM shall ask consent to lead JANAZA-SALAAT as WALI may read it himself
WALI may allow any other to read; it's DUA to ask Allah for kindness to dead
If it's read by other than AMIR without consent of WALI, he may ask revision
If WALI has already read it with few men, no one has the right to ask revision
If a person is buried without it, it may be read near to grave but within 3 days
Three days in Previous are the standard period; at cold places it may be more
JANAZAH-SALAAT as mentioned is DUA for the deceased; it has 2 FARDH in it
FARDH are 4 TAKBIRAAT & QIYAAM (standing) in it; IMAM stands at its chest
After TAKBIR, he reads SANA, says 2nd TAKBIR, and reads DURUD-IBRAHIMI
And says 3rd TAKBIR; then reads DUA for own & for deceased & for Muslims
And says 4th and ends instantly; he may read by TAYAMMUM if time is short
It shall have rows in odd number; if only few they shall still make rows in odd
If someone joins it after it has started, he'd pronounce left TAKBIRAAT at end
He mustn't raise hands in its TAKBIRAAT, except for the first one that starts it
JANAZAH-SALAAT is read out of MASJID as it's not feasible to read that inside
JANAZAH is taken fast to grave; people would not sit before it's put at ground
The grave is dug then if not ready; notable is that it isn't read for few persons
It's not read for non-Muslim and the person who has killed any of his parents
It's also not read for MURTAD (person who leaves Islam & goes another way)
It is not read for such dacoits & rebels who are killed at dacoity or at rebellion
If the death is by suicide, it's read; but the Muslims must always avoid suicide
Graves are of two types; one is similar to big hole, where dead body is buried
And other is made by digging wall at the side near to the hole's base to bury it
The hole remains empty & the dead body is buried at side that is near its base
According to the place, any type is valid; it's laid inside with its face to KA'BAH
Person who lays it unfastens LIFAAFA's ties & he repeats words said at death
He says, "by the name of Allah; he was on way of followers to Prophet PBUH"
Rough unprepared bricks are put upon the grave but not the prepared bricks
It is not covered by wooden planks & all persons there put 3 handful of sand
They start, putting by the side of head, reading verse of the Holy Book Quran
"From it We created you & to it, We return you & from it We'd..." (TAHA-55)
It remains as bit raised up-to hand's length or so but not much, in oval shape
If child at birth cries then dies instantly, he's given name & bath, then buried
Before burial, he will also have JANAZAH-SALAAT; his matter is near to usual
If it's still-birth, it's given name & bath too; then wrapped in a sheet & buried
In Previous, JANAZAH-SALAAT is not read, but FIQH differs about giving bath
Rulings for SHAHEED killed at war, or whom Muslims kill unjustly, are unique
He's given KAFAN but not bath except when he dies after living for some time
JANAZAH-SALAAT is read for SHAHEED but blood of his wounds isn't washed
His clothes aren't taken-off except for additional clothes & socks or weapons
If killed in QISAS, he'd be given bath & KAFAN; JANAZAH-SALAAT is also read
SALAAT inside KA'BAH is valid by any direction; it's QIBLAH & it's valid at roof
In JAMA'AT around KA'BAH, MUQTADI shall keep facing it in the best manner
ZAKAAT - SAUM – HAJJ
ZAKAAT is to purify; It's Islamic Command to give the poor by own resources
It's financial support to needy in the way of Allah to purify all finance at hand
It's due on the date assigned for it each year if he has resources up-to NISAB
NISAB is the resources to value of 87.5 grams of gold or 612.5 grams of silver
He also must have complete control and custody over his resources to NISAB
Debts payable are deducted from his resources & still it must be up-to NISAB
If at the date specified he has NISAB & at previous year too, he had it on that
So, he is liable to pay ZAKAAT even if in b/w the year, he had lesser than that
ZAKAAT is not due on anything else but gold, silver, stocks-in-trade, currency
Total of these 4 with him, decides NISAB for him, after deduction of his debts
Place rented is not stocks-in-trade; ZAKAAT comes onto the profits upon that
If he buys things for use at home, it isn't stocks-in-trade even if he sells them
His debts receivable also ask for ZAKAAT and few animals too ask for ZAKAAT
He may pay for his receivables each year or he may pay for that, at realization
But debts receivable will add to resources to assess the amounts that's NISAB
Intention is necessary for ZAKAAT; it is not necessary to disclose it to receiver
ZAKAAT isn't due on child, lunatic; or debtor when debt makes it below NISAB
So if debts payable are such that they lessen amounts from NISAB, it isn't due
If payments in charity is not yet spent by needy, intention for ZAKAAT is valid
Whoever gives all amounts in charity, he doesn't remain liable to pay ZAKAAT
Camels, bulls, cows, sheep, goats, horses ask for ZAKAAT, if grazing naturally
It's due on them if they graze for much part of year, if they are tamed animals
Other of animals do not ask for ZAKAAT unless they are in the stocks-in-trade
One year camel is BINTE-MAKHADH; 2 years BINTE-LABUN; & 3 years HIQQA
In camels, ZAKAAT starts at 5; a sheep is due on each 5 up-to 20 & valid to 24
From 25 to 35, it asks a BINTE-MAKHADH and from 36 to 45, a BINTE-LABUN
From 46 to 60, it asks a HIQQA and from 61 to 75, it is a JAZA'AH (of 4 years)
From 76 to 90, it asks 2 BINTE-LABUN & from 91 to 120, it asks for 2 HIQQA
Camels of any sort ask these figures as ZAKAAT; QUDURI tells for even more
In bulls & cows (that graze naturally), ZAKAAT becomes due, as year elapses
ZAKAAT on them starts at 30 as each 30 of them ask in it for one, of one year
Each 40 of them asks one of them of 2 years; & calculation remains this way
For 60, two of one year are due; for 70, one of a year & one of 2 years is due
For 100, two of one year & one of 2 years is well; so calculation remains easy
In sheep (& goats), it starts at 40 and to 120 of them, ZAKAAT is one of them
From 121 to 200, ZAKAAT is 2 sheep (or goats) & above 200 to 399, it's three
In horses too (that graze naturally), ZAKAAT occurs as a year passes on them
Payer must have both male & female horses as only the male don’t ask for it
He may pay for each a DINAR, or assess their MP and pay its 2.5% as ZAKAAT
Other animals don't ask for ZAKAAT except if they're stocks-in-trade with him
They shall be paid by 2.5% of cost-price as stock, even if lesser in the quantity
Note that SAHEBAIN vary about horses; they don't take them liable to ZAKAAT
ZAKAAT is paid to administration if it takes all Islamic Commands into practice
Only the adult animals are counted in it; calf, lamb, colt, aren’t counted for it
If tamed animals are employed at household work, ZAKAAT isn't due on them
Officials shall not ask for best of animals in ZAKAAT; they shall care for justice
ZAKAAT assessed remains due, even if few camels (or goats) die; it is payable
So if he had total 45 goats and 5 of them die, he shall still pay one as ZAKAAT
ZAKAAT may be paid beforehand by assessment, yet better at specified date
If he has specific date then it is charity if he doesn't have NISAB on that date
In Silver, NISAB is 200 DIRHAM (612.5 gm.); which asks 5 DIRHAM in ZAKAAT
Every 40 DIRHAM on 200 of NISAB adds one DIRHAM into ZAKAAT onwards
In Gold, NISAB is 20 DINAR (87.5 gm); that asks for half of DINAR in ZAKAAT
Gold & Silver ask for ZAKAAT in any form present and they are counted for it
In Stocks-in-Trade too, it's due; its value is by Silver's MP; its ZAKAAT is 2.5%
When it equals or surpasses the value of NISAB of silver, it's liable to ZAKAAT
It must be in accordance to NISAB at both ends of year & needs will to give it
USHR is the amount given, from the produce of fields & the fruits of gardens
Lands are two types; USHRI & KHIRAJI (that Muslims get by enemy by wars)
So when Muslims leave them in hands of enemy & take tax on it, it's KHIRAJI
USHR is tenth part of produce if watered with ease by flowing waters or rain
USHR is half of tenth part if its produce asks irrigation, with some effort to it
USHR is not due on the produce unless it is more than 5 WASAQ i.e. 300 SA'
HF takes SA' as of 3.2 Kg, so if produce is lesser than 960 kg, it has no dues
USHRI asks for USHR only and KHIRAJI remains that, even if Muslim buys it
USHRI needs to pay USHR, except the wood & its types and grass produced
HF asks USHR at honey too if up-to 72 Kg., but lesser doesn't ask any (I.M.)
Note that SHAFA'I & MAALIK both rule that honey does not need any USHR
Even HF clarifies that there is nothing on grains & fruits, cultivated at home
Payment of ZAKAAT is towards the poor & the needy as told in TAUBAH-60
AAYAT mentions 8 persons liable to it; First is poor much deprived of needs
Second is the needy who has something but not enough for his sustenance
Third is as wages to capable and honest officials appointed on its collection
Fourth is to empower weak Muslims on Islam and draw non-Muslims to it
But Previous is mentioned as not feasible after times of the Prophet PBUH
Fifth is to free persons who are confined by no respect to any Justice truly
Sixth is to free debtors pressed by heavy debts, that affect the sustenance
Seventh is in way of Allah; it's to warriors for the Islamic cause & TABLIGH
Eighth is for the traveler, who becomes needy away from his home by fate
Paying of ZAKAAT to anyone of them, or to give all of them, has the validity
ZAKAAT isn't valid paying to non-Muslim or any other necessary SADAQAH
SADAQAH (charity) not obligatory may be given to anyone; it must be seen
Note that ZAKAAT needs TAMLIK for it which means to give it in possession
So, it is not feasible to use it at building of mosques, or as funeral expenses
But it's virtuous for him if he gives donation to previous other than ZAKAAT
ZAKAAT is invalid to provide to any person in forefathers or in descendants
Previous applies to mother and grandmother too; also, it's not valid to wife
The wife too is disallowed to pay that to husband as it does not end liability
ZAKAAT isn't given to SAYYED (SHARIF) family related to the Prophet PBUH
SHARIF are all descendants of reputable ALI, JA'FAR, AQIL, ABBAS, HARITH
Three of them (ALI; JA'FAR; AQIL) are the first cousins of the Prophet PBUH
Other two (ABBAS & HARITH) are his paternal uncles; & all named HASHMI
If he pays his ZAKAAT by mistake to unworthy, it's paid except if disbeliever
Whoever has NISAB, even if by household things, he is unworthy to receive
In Previous, things which are unused would also be counted to view NISAB
For payer, gold, silver, stocks, cash is counted; for receiver, all above needs
If receiver hasn't enough to make him SAHEBE-NISAB, it is valid to give him
He shall pay it at place he is in, except if it's to needy relatives at other place
FITR are amounts that are given in charity at EID, at the end of RAMADHAN
In FITR, all above need is counted, to get the NISAB (i.e. 612.5 gm of Silver)
Payer 's NISAB is as stated; receiver will not have it by the total of all he has
It's due for him; his small children; he may pay for his wife too if he intends
Notable is that the woman will pay it by her own if she has gold, silver, cash
It is due at FAJR of EID; whoever finds it, he is liable to pay the FITR amount
FITR is the M.P. of half of SA' (1600 gm) of wheat; & he may pay more even
He may pay FITR by full SA' of Dates or Resins, which value more in amount
It may be paid before SALAAT of EID even in RAMADHAN & it has emphasis
SAUM (Fast) is in 2 ways; FARDH (obligatory); MUSTAHAB (commendable)
Then former has 2 types; of RAMADHAN; & of specific day/s he intends for
Obligatory SAUM needs the intention from the night, as that makes it valid
But even if he intends before ZAWAL (sun at mid-heaven), his SAUM is fine
But in Previous, he mustn’t have done anything against asking of his SAUM
Second of obligatory is intending SAUM at unspecific days by some reason
It may be QADHA of left SAUM at RAMADHAN; it may be SAUM of NADHR
QADHA means compensation for obligation left & NADHR is taking an oath
It also includes SAUM in KAFFARAH as ZIHAR; these are unspecific by days
This obligatory SAUM does need intention at night before FAJR, for validity
For NAFL (MUSTAHAB), the intention for SAUM is fine before ZAWAL even
Woman is disallowed to keep NAFL-SAUM without her husband's consent
Breaking NAFL-SAUM doesn't ask KAFFARAH even if by will; but if QADHA
KAFFARAH is paying amount to the poor (or feeding), in the compensation
The command of SAUM relates to RAMADHAN that asks to view the moon
If atmosphere is not cloudy, it needs the word of many of men of seeing it
It's needed to view the moon as lunar month either has 30 or 29 days in it
So after 29th SHA'BAN, the witness of a group is needed to it if sky is clear
At cloudy atmosphere, it is valid, even if one of ADIL men/women testifies
AADIL is the Muslim who avoids strictly all of KABA'ER (major sins), by will
He/she cares not to persist on SAGHA'ER (minor) too, & leans to goodness
After 29th RAMADHAN at mist, two AADIL men shall testify of seeing moon
In Previous, if a man & 2 women testify to the moon, even that is valid in it
Calculation is not enough to moon's presence as few must see it practically
SAUM occurs from FAJR, before sunrise to after sunset; it is for the full day
Whoever is at SAUM, leaves all eating/drinking at this specific space of time
He shall evade going near to wife as SAUM asks to stop from sexual act too
Intention too is needed to it before ZAWAL; better is intending to all month
If someone eats or drinks forgetting SAUM, it doesn't break by any of such
If he loses semen at sleep or let his blood be drawn, it doesn't affect SAUM
If he kisses his wife & loses it, it breaks and asks QADHA but not KAFFARAH
By the unstoppable vomit, SAUM doesn't break, if he doesn't take-in inside
If he could have stopped it, & it is near to filling his mouth, it'd break SAUM
If he takes-in a thing inedible by will as pebble or like it, QADHA only is due
If he eats the edible by will even if medicine, it needs QADHA & KAFFARAH
KAFFARAH is as KAFFARAH to ZIHAR; SAUM broken asks one QADHA for it
If something small is at gums or teeth & he takes-in, it doesn't break SAUM
If he takes it out & then takes it in, it breaks by the intentional act he makes
Smoke taken-in without any will, doesn't break SAUM; if by will, it breaks it
Smells don't break it, yet it is better to avoid smelling of scents intentionally
Medicine at orifices taking it to stomach breaks it, especially by nose & ears
Even medicine at ears, breaks SAUM though moist there doesn't affect that
Wounds at stomach or at head where blood flows inside, breaks SAUM too
Tasting doesn't break it if doesn't affect the esophagus, yet not appreciable
If woman chews something to feed her child, it is fine if she doesn't take in
Chewing on thing that doesn't leave moist does not break it but despicable
Patient or traveler does not need to keep SAUM, if he finds difficult for him
But if patient gets well & traveler gets to destination, he shall fulfill QADHA
If QADHA is due & other RAMADHAN comes, he shall keep his SAUM for it
After RAMADHAN, he shall compensate for previous SAUM by his QADHA
He would make QADHA necessarily; he isn't liable to pay FIDYAH against it
FIDYAH is SADAQAH against SAUM if he/she genuinely is unable to keep it
He would keep QADHA for his SAUM either continuously either separately
Pregnant or feeding woman is allowed to leave SAUM if she feels adversity
Adversity is that she feels keeping SAUM may affect her, or her child much
Old man incapable to keep it, shall feed for two times a poor, for each one
Previous is FIDYAH to SAUM & it equals value of half of SA' wheat, to poor
NAFL-SAUM if he breaks it asks QADHA only & doesn't ask any KAFFARAH
If child turns adult at mid-RAMADHAN, he shall keep SAUM at days ahead
The ruling also applies to a person, who accepts Islam during RAMADHAN
If MA'TUH (affected by lunacy) gets well, he will keep SAUM in days ahead
He shall make QADHA for other of SAUM that he has lost, at other of days
If a person faints & nothing is put to his mouth till sunset, his SAUM is fine
If he remains in the situation for few days, he shall make QADHA to SAUM
Woman at menses shall leave SAUM but she has to make QADHA for them
At recovery at the mid-day, she will act as if she is at SAUM, for rest of day
Same is good for the traveler who has reached his destination at its middle
QADHA is due on person who eats after FAJR thinking it's yet time of SEHR
And on him too who eats before MAGHRIB (sunset) taking it time of IFTAR
SEHR is to take-in something before FAJR; & IFTAR is after MAGHRIB for it
He doesn't need to give KAFFARAH for SAUM, if lost by misunderstanding
If he feels he did see the moon after 29th of SAUM, at cloudy atmosphere
In Previous, he'd not make EID by his own; he will keep SAUM with others
It requires 2 men (or a man & 2 women) to testify for EID, at this situation
When atmosphere is clear, it needs group of people who testify to its view
SAUM at ASHURA is virtuous with a day before or ahead & 9th ZIL-HAJJAH
Six SAUM at 10th Lunar month; & 15th of 8th lunar month is also virtuous
These are NAFL (praiseworthy), for the person who keeps them with ease
AE'TEKAAF means to reside at mosque in the state of SAUM with intention
It has 3 kinds; WAJIB, SUNNAH & NAFL & former occurs by one's own will
SUNNAH is the AE'TEKAAF that's taken from 21st of RAMADHAN to its last
NAFL is all other of AE'TEKAAF; if it is intended at entry to mosque, it's fine
WAJIB needs SAUM & must be continuous in days; it's done with intention
SUNNAH is at the last of RAMADHAN so it also occurs at the state of SAUM
But NAFL doesn't need SAUM or QADHA, & it may only be for few minutes
At its disruption in RAMADHAN, it needs QADHA for all remaining days left
Disruption of WAJIB asks for it too; it must remain continuous when taken
Nearness to wife is disallowed at AE'TEKAAF as that may lead to its QADHA
Person at AE'TEKAAF will leave the mosque only for JUM'A or call of nature
He may deal in edibles or/& necessities, without bringing a MABI' with him
Total silence at this state isn't worthy so he must say virtuous things at this
Leaving mosque for an hour even (without need) invalidates his AE'TEKAAF
HAJJ is to intend for virtues that denotes visiting MAKKAH & adjacent area
It's done at last lunar month (ZIL-HAJJAH); it became FARDH at 9th HIJRAH
The Prophet PBUH performed it at 10th year; it shows its delay is not good
If finances & strength permits; and no danger is at way or/and laws averse
It's done by the rituals in specific sequence, as taught by the Prophet PBUH
Let's view it whole briefly before proceeding for rulings about it at QUDURI
Beginning of Its holy rituals is from eighth of the month, to few days ahead
HAJI makes intention for HAJJ wearing 2 sheets that is special apparel for it
This is EHRAAM that is not only sheets but commitment to HAJJ; it’s FARDH
HAJI puts-on EHRAAM at 8th & stays at MINA till FAJR of 9th of ZIL-HAJJAH
Previous is in TAMATTU' when after UMRAH, he has taken-off his EHRAAM
In QIRAAN, he doesn't take-off EHRAM joining HAJJ with the UMRAH done
It's notable that he may leave MINA after MAGHRIB at start of the 9th day
Secondly, after MINA he goes on to ARAFAH, reading ZUHR & ASR at there
It is most necessary to stay at ARAFAH in rituals of HAJJ; it's among FARDH
Thirdly, after MAGHRIB, at start of 10th night, he goes on to MUZDALIFAH
There at MUZDALIFAH, he reads MAGHRIB & ISHA together and then FAJR
Fourthly, after FAJR of 10th day before sunrise he proceeds to MINA again
There, he hits JAMRATUL-AQABAH (i.e. wall denoting big satan) for 7 times
He hits it by pebbles he takes at MUZDALIFAH; today, he hits big satan only
There are 3 of walls that denote satan; other two are hit too at 11th & 12th
Fifth step is that he sacrifices an animal & sixth is that he shaves-off his hair
Then he changes to ordinary clothes but HAJJ is not yet over; rituals remain
He circles KA'BAH 7 times from HAJARE-ASWAD, with his left-shoulder to it
TAWAF comprises of these 7 rounds; at end he is at the HAJAR for 8th time
So the 7th step is this TAWAF-ZIYARAH; it also is among the FARDH of HAJJ
Eighth is to make SA'I (walk b/w places SAFA and MARWA) for seven times
Each walk counts to end at MARWA; he reads 2 RAK'AAH, before or after it
These two maybe read anywhere at the Mosque, then he drinks ZAM-ZAM
There are many of outlets there which provide the holy water of ZAM-ZAM
Ninth is that he hits all of JAMRAAT at MINA, at 11th & 12th after ZAWAAL
Finally, it's KA'BAH's TAWAF-WIDAH (farewell circulation), to become HAJI
He has to make it as he leaves MAKKAH; by these 10 steps, HAJJ completes
Al-Hamdu Lillah, it is the spiritual healing that makes him pure from his sins
HAJJ certainly is obligatory for Muslim who is adult, sane and well in health
He must have finances for fare of its way; & for necessities at travel in HAJJ
He must provide his family with all the necessary sustenance, till he returns
And there's nothing adverse to it by administrative policy & way to it is safe
Woman also needs to have MEHRUM (i.e. father, brother, son or husband)
EHRAAM; the stay at the holy grounds of ARAFAH at 9th; TAWAF-ZIYARAH
Previous 3 are FARDH in HAJJ necessary to do; its WAJIB are above twenty
Staying at ARAFAH is valid even if HAJI stays for brief period after ZAWAAL
There are sites, going to MAKKAH, where putting-on EHRAAM is necessary
These (MEEQAAT) are at all its directions; those living beyond, are AAFAQI
All AAFAQI need to take EHRAAM going to MAKKAH to their UMRAH/ HAJJ
UMRAH may be performed at any time (& even with HAJJ) with few rituals
It doesn't need going to the adjacent places & remains to the holy Mosque
MEEQAT for AAFAQI from MADINAH is the place called as ZUL-HULAYFAH
For Iraq, MEEQAAT is ZAATUL-IRQ; for Syria, it's JUHFA; & for Najd, QARN
For Yemen, it's YALAMLAM; this is MEEQAAT to AAFAQI from Pakistan too
Anyone living inside a MEEQAAT, yet beyond HARAM (MAKKAH & nearby)
Such person would take his EHRAAM for UMRAH or HAJJ, at his own place
For making UMRAH, the person at MAKKAH has to go beyond the HARAM
He shall take EHRAAM from its outside and come back to it for his UMRAH
Even residents at HARAM need to go outside to take EHRAAM for UMRAH
For HAJJ, they don't need to go outside, they'd take the EHRAAM at-home
At EHRAM, he'd make WUDHU or take bath & wear it by intention of HAJJ
He may read 2-RAKA'AH & say TALBIYA, denoting that he believes in Allah
O ALLAH! I am here only to remember You, and there is no partner to You
O ALLAH! Praise is for You; Goodness is for You; Authority belongs to You
At HAJJ, he mustn't go near his wife & avoid all wrongs strictly & quarrels
He may not hunt animals, or indicate it; he may not wear KAMEEZ or IZAR
He may not wear anything on EHRAAM or socks but tearing it from above
He may not wear cap/turban & may not cover face and may not put scent
He may not shave any of hair or wear perfumed sheet, but if washed well
Bathing at EHRAAM, taking shade, wearing belt and wallet; these are valid
He mustn't bathe or wash hair/beard by scented cleaning thing, or a soap
He must say TALBIYA at climbing or descending anywhere; it would go on
He must say TAKBIR (Allah is greatest) & KALIMA seeing HAJARE-ASWAD
If possible then, he may kiss it or touch it; but it must not trouble anyone
At extremely high number of people, it is enough to indicate by hand to it
He must do TAWAF by IDHTIBA' (taking sheet with right shoulder naked)
In first 3 circles in it, he would make RAML (i.e. walk fast, very gracefully)
This TAWAF is for QUDUM (arrival) that HAJI coming from far shall make
TAWAF-QUDUM is not necessary for residents living already at MAKKAH
Then he'd make SA'I at SAFA-MARWA; it starts at SAFA, ends at MARWA
SA'I is due to search of BIBI HAJIRA-RA for water for infant (IS'MAEL-AS)
There was place at this search where she couldn't see him & walked fast
Even today at site, men have to run a little at the indicated space for SA'I
He'd remain at MAKKAH till he finds days to HAJJ for which he had came
HAJJ starts at 8th (TARWIYA) of ZIL-HAJJ, & 9th (ARAFAH) is its main day
10th of ZIL-HAJJ is the EID-day (NAHR); he performs few rituals on it too
SAUM denotes love to Allah at RAMADHAN & HAJJ denotes it at ZIL-HAJJ
The Holy Quran mentions RAMADHAN (and ZIL-HAJJ) by name in its text
Other months are not mentioned by their names at the Holy Book Quran
On 8th he'd leave for MINA; on 9th he'd stay at ARAFAH up-to MAGHRIB
After ZAWAL there, it’s the best day & best place to ask ALLAH for mercy
Then after MAGHRIB at the start of 10th, he shall leave for MUZDALIFAH
He has to stay except MUHASSIR where Allah destroyed ABRAHA's army
ABRAHA had come to destroy KA'BAH; SURAH-Feel narrates the incident
At FAJR before sunrise, he would go to MINA & hit JAMRAT-UL-AQABAH
Then he'd give sacrifice of goat, shave hair; and change to ordinary dress
He'd make TAWAF-ZIYARAH (IFADHA); make SA'I at SAFA-MARWA there
At next couple of days, 11th & 12th, he shall hit all 3 JAMARAAT at MINA
He may hit them at 13th too, if he wills; his HAJJ ends by farewell TAWAF
As AAFAQI, he has to perform the farewell TAWAF as he leaves MAKKAH
At HAJJ, the woman does like the man but she wears ordinary dress at it
Also, she shall cover her head yet uncover her face, but by care to HEJAB
She'd not raise her voice & she'd not make RAML or walk fast at her SA'I
She would not cut much of hair, but just about little from the last of that
QIRAAN is one of 3 kinds of HAJJ; they are IFRAD, TAMATTU' & QIRAAN
In IFRAAD, HAJI makes HAJJ; In TAMATTU' he does UMRAH & then HAJJ
In QIRAAN, he doesn't put-off EHRAAM after UMRAH, unlike TAMATTU'
In TAMATTU', he takes EHRAAM again after UMRAH, for HAJJ he will do
In QIRAAN, he observes HAJJ-restrictions after UMRAH too in EHRAAM
At the days of HAJJ, he completes it, shaves hair after it then takes it off
IFRAAD doesn't ask sacrifice; AAFAQI are expected taking-up TAMATTU'
They may take-up QIRAAN and do as mentioned yet remain at EHRAAM
From MEEQAT to shaving of hair at HAJJ, he has EHRAAM & restrictions
TAMATTU' & QIRAAN both ask animal's sacrifice & he may even eat of it
Leaving any WAJIB or leave the sequence asks a DAMM (one more goat)
He may take one part in cow, bull or camel for sacrifice that have 7 parts
Now, amounts are deposited at a bank for sacrifice so it is done officially
If he isn't able to do so, he shall fast for 3 days; the last being at ARAFAH
He shall fast for seven days after HAJJ even at-home, for total of 10 days
He shall keep his 3 former fasts before NAHR; this he shall do necessarily
QIRAAN asks UMRAH before HAJJ; if missed reaching late, needs DAMM
His intention to QIRAAN is off then; he shall make QADHA too of UMRAH
For UMRAH, he takes-up EHRAAM at MEEQAAT, and does TAWAF & SA'I
He'd shave (or shorten) hair & UMRAH is done then he puts-off EHRAAM
Then he puts-on EHRAAM by intention of HAJJ at the holy mosque there
He may take it anywhere in MAKKAH at 8th with high care to his sacrifice
After rituals of HAJJ as he shaves hair, he'd change EHRAAM on 10th day
Residents at Makkah are disallowed TAMATTU'/QIRAAN but IFRAAD only
HAJI at TAMATTU' mustn't go home before end to HAJJ; this invalidates it
If woman gets menses there after TAWAF-ZIYARAH, her HAJJ is complete
She'd hit the JAMRAAT leaving the farewell TAWAF; she'd not pay DAMM
If before, she shall do rituals but TAWAF-ZIYARAH & SA'I & leave SALAAT
TAWAF-ZIYARAH is FARDH; she shall wait to do it later, when she is clean
If delayed after cleanliness, DAMM occurs; if it's left, her HAJJ turns void
JINAYAAT means prohibited things in HAJJ so, if done, ask for KAFFARAH
If HAJI uses scents to full part of body, he is liable to provide DAMM in it
If he uses it to some of the part, he will pay SADAQAH 1600 gm. Wheat
If he wears stitched cloth or covers head full day, he will provide DAMM
Shaving of more than fourth of head before HAJJ, asks DAMM upon this
DAMM occurs, if he shaves back of neck to cup (sucking of blood at site)
If he cuts all nails, he'd pay DAMM; this occurs even if it's one hand only
If lesser than 5, he'd pay SADAQAH to each, even if different hands/legs
If he puts-on stitched clothes/scents, shaves at need, he pays SADAQAH
He may give DAMM or keep 3 SAUM; 3 SA' wheat to 6 needy, is also fine
HAJJ gets void by sexual relation to wife at HAJJ; he shall also pay DAMM
In Previous, HAJJ isn't void if it's after ARAFAH; camel/cow is valid to pay
If after HALQ (shaving), then it needs goat as DAMM in its compensation
He shall make QADHA for HAJJ later, & his wife may accompany him in it
UMRAH too is void by sexual relation to wife & it needs QADHA & DAMM
DAMM in Previous is of goat; he shall act as still he is at UMRAH ending it
Notable is that if HAJJ gets void, he'd pose then too as he's at HAJJ till end
If he does TAWAF-QUDUM without WUDHU, he'd pay normal SADAQAH
If he does it needing GHUSL (bathing), then it needs camel/cow in DAMM
But, if he revises TAWAF-QUDUM within 3 days, DAMM removes by that
He must pay SADAQAH asking ALLAH for mercy; this site is totally sacred
If he does farewell TAWAF without WUDHU it asks for normal SADAQAH
If he does it needing GHUSL, it needs goat as DAMM, in its compensation
Leaving SA'I or necessary TAWAF asks DAMM (goat) in its compensation
Note that if DAMM removes from HAJI, he still has to give SADAQA for it
If he moves away from ARAFAH before MAGHRIB, this asks for a DAMM
If he leaves stay at MUZDALIFAH or hitting JAMRAAT, that asks a DAMM
DAMM refers to a sheep/goat except in TAWAF-QUDUM needing GHUSL
And except in sex-relation to wife after ARAFAH as both need cow/camel
If he delays shaving or if he delays TAWAF-ZIYARAT to after the 12th day
Previous asks DAMM to validate it; sequence in HAJJ-tasks too is needed
Hunting of animals of land is prohibited; even to indicate it is not allowed
He has to pay accepted price or MP of animal, that is close to hunted one
Word of 2 AADIL persons is valid for its price & he may give it SADAQAH
He may buy wheat & give to needy as half of SA' (1600 gm) of it, to each
If price allows buying of goat, he may do so; even dates (one SA') is valid
Or he may compensate by a SAUM for each of half SA' wheat as its JAZA
Previous is JAZA (compensation), even if done by mistake or done again
Or he may give the same animal in size as hunted; as deer equals a goat
Ostrich asks a camel, and rabbit equals a female lamb in 1st year- (I.M.)
If HAJI wounds an animal, he'd pay amount to compensate for damage
If he wounds it so badly that it loses its defense, he'd pay for its full MP
If he damages eggs of bird, he shall pay compensation to it, in amounts
There're animals/birds that do not ask compensation, if HAJI kills them
In Previous are crow, eagle, wolf, snake, scorpion, mouse; vicious dogs
Killing of mosquito, blood-sucking bug too; but not the bugs on animals
If someone kills lice or locusts, he shall provide any SADAQAH at the act
SADAQAH in Previous is that amount HAJI wills to pay for compensation
If HAJI kills a wild animal, he'd pay its JAZA, that is within the MP of goat
In Previous, if he kills it in his defense from its attack, he will pay nothing
He has to pay JAZA, even if he kills because of hunger though he did well
If he slaughters any tamed animal/bird to eat, it is valid as of goat/camel
Chicken/Ducks relate to Previous but slaughter of tamed deer asks JAZA
Slaughter of tamed pigeon, especially that has hair at legs, asks JAZA too
If he eats of hunted and slaughtered animal by another, it's valid for him
But HAJI must not indicate or ask to hunt then only it has validity for him
In HARAM, hunting of animal even by him who is not HAJI, asks for JAZA
If he cuts tree or grass growing by itself that has no particular ownership
Previous asks JAZA (MP); if grown or has ownership, it doesn't ask JAZA
If HAJI is at QIRAAN, he shall pay DAMM as double, where it does occur
But passing from MEEQAAT without EHRAAM, asks for one DAMM only
If two at EHRAAM hunt an animal, both are liable to pay JAZA separately
If two hunt without EHRAAM at HARAM; they shall share its JAZA jointly
Transaction for an hunted animal is BAATIL at EHRAAM for both of them
EHSAAR is stoppage at EHRAAM due to enemy or due to severe affliction
He shall provide sacrifice of goat at HARAM, by the aid of any man there
If QAARIN, he'd have to provide two goats to be sacrificed within 3 days
It needs to sacrifice the animal at HARAM at these 3 specific days of that
The stopped one has to make QADHA of his UMRAH or/ & HAJJ later on
QIRAAN needs to perform 2 UMRAH with his HAJJ later as he does both
But stoppage to UMRAH needs to make QADHA of it only that he missed
He shall go on ahead with HAJJ if stoppage removes before its days start
If stoppage is at MAKKAH yet he is able to visit ARAFAH, he shall go to it
If HAJI is not able to reach ARAFAH before FAJR of 10th, his HAJJ is void
He would make UMRAH (TAWAF, SA'I, Shaving hair) & end his EHRAAM
He'd make QADHA to his HAJJ; DAMM is not due nor a sacrifice this year
UMRAH is SUNNAH, and it needs EHRAAM-TAWAF-SA'I-HALQ (shaving)
HADI is the animal for sacrifice at HAJJ; a goat (sheep), a cow or a camel
It's valid to sacrifice the goat of a year, cow of 2 years, camel of 5 years
Sheep of 6 months that looks as if it is of year is well too to provide in it
Animal must be free of AIB (Fault); lacking in ears, or any part is invalid
Lacking tail or any of legs; also very weak or blind or lame is invalid too
Goat/sheep is sacrificed except for 2 issues, stated at last of JINAYAAT
TAWAF-QUDUM needing GHUSL; sexual relation to wife after ARAFAH
Both of Previous need to give cow or camel as DAMM, to validate HAJJ
Camel/cow normally suffices for 7 persons having intention to sacrifice
He may eat of HADI, even if sacrifice is NAFL, in TAMATTU', or QIRAAN
Sacrifice of the animals must remain in the days of sacrifice (10, 11, 12)
But it is not proper for HAJI to eat of HADI which he provides in DAMM
Sacrifice of the HADI is done at the area of HARAM at MINA, that is in it
Better to give meat as SADAQAH to needy at HARAM yet not necessary
Better to slaughter goat/cow laying down and camel while it's standing
Standing sacrifice is named NAHR that is done by piercing camel's neck
Better to sacrifice the animal by his own hands if he can manage it well
He must not pay meat of sacrifice to slaughterer in wages nor anything
He must give in SADAQAH its rope, its cloth kept on it and even its milk
He may avoid riding it yet at necessity, it is valid without any issue to it
If NAFL-HADI dies, it doesn't ask any compensation; no need for other
But if obligatory HADI dies or afflicted bad, it does need compensation
He may slaughter that afflicted animal, or give it in SADAQAH to needy
He may slaughter NAFL-HADI nearing its death, then put its blood on it
It is done to clarify that it is for the poor only, so they would eat from it
The revision of QUDURI ends at the 24th day of April 2021, at 11:30 am
I, Muhammad Saleem Dada, thank Allah on this TOFIQ; Al-Hamdu Lillah
NIKAH (Marriage) is contract b/w man & woman to do the sexual act justly by will
It's NEMAT (blessing) by Allah to permit both to live together & share issues of life
NIKAH has an aspect of ADL (an agreement) & another of EHSAAN (aspect of love)
NIKAH is SUNNAH; at intensity of passions, it's FARDH; at self-control, MUSTAHAB
NIKAH finalizes by IJAB (asking of it by man) & by QUBUL (its approval by woman)
Asking for it & its approval must be clear; former as request & latter as past tense
Woman may ask for it (by her WALI's approval); & its acceptance by man finalizes
NIKAH needs 2 witnesses in it who are free, adult, sane Muslims, even if not ADUL
ADUL are such Muslims who refrain from major sins; & don't persist on petty sins
Witnesses might be one man & 2 woman as being agreement, this also is valid in it
If punished in QADHF, his witness is valid for marriage but at court, it has no value
If Muslim marries a Christian lady and two witnesses are from Christians, it's valid
It is HARAAM to marry any of women that are specified at RUKU-3 of Surah NISAA
AZJANIBE SHIRDAH HAMKHISH SHWAND-WA-AZJANIBE SHIRKHAR, ZAUJANOFRO
Previous is poetic verse in Persian that notes to whom NIKAH is void by RADHA'AT
RADHA'AT is to provide milk to Infant; the woman feeding it becomes mother to it
He's prohibited to marry her or her specific relatives; her husband is like his father
The rule here says that HARAAM by NASB, are also HARAAM to him by RADHA'AT
NASB (parenthood & immediate women relatives) are strictly disallowed to marry
To mother by milk and to her husband, he/she is like their son/daughter by ruling
But the brother of the child she has fed her milk, is allowed to marry her daughter
Near relatives of the woman who fed him by her milk, may wed his near relatives
If one of two women is taken as a man, she is not allowed to marry the other one
Previous assumption applies on the man; he will not keep both together, as wives
If a man has a daughter and he marries a woman & divorces her, it asks for detail
In Previous, it's valid if divorced women and the daughter marry the same person
Stoppage to NIKAH are 5 types i.e. NASB; SABAB; JAMA; HAQQUL-GHAIR & DEEN
NASB (refers to immediate women relatives), that are strictly disallowed to marry
SABAB (reason) as RADHA'AT also stops marrying women, that are near relatives
JAMA (to add) i.e. marrying 2 such women if one is man, other is HARAAM to her
HAQQUL-GHAIR (right of other) is asking someone's wife to marry; it is HARAAM
DEEN (religious belief) needs to be same; it is wrong to wed women not Muslims
Christian woman maybe an exception to marry if she is very caring to her religion
For adulterer, women HARAAM as in-laws if she were his wife, are void to marry
The man who divorces his wife is disallowed to marry sister-in-law, in her IDDAT
It's valid to marry in EHRAAM; couple needs to end UMRA/HAJJ prior to relations
It's needed that Muslim adult sane virgin girl marries only by her WALI's consent
A.H. rules, if such girl marries a man who is equal in status, by own will, it is valid
Today, it does seem best that it's void for virgin girl to marry by own (SAHEBAIN)
If she does, it would remain MAUQUF at WALI's consent; equal-status is nothing
HF tells her NIKAH by own not at KAFA'AT (equal-status) is void & insult to WALI
Comments to KAFA'AT are hard as much depends in HF here on personal thought
Better seems that any attempt of a virgin girl to marry by her own is discouraged
There are 4 notable ways, which relate to a girl's marriage & need attention here
Young Virgin; all IMAMS agree that her father is authority on her in her marriage
Mature Widow; all IMAMS agree she'd decide for herself, without any difference
Young Widow; A.H. & MAALIK rule WALI has authority; other 2 value her decision
Mature Virgin - 3 of IMAMS except A.H. agree that she is in authority of her father
If virgin girl smiles, cries a bit or keeps quiet as she is asked for it, it is her consent
Widow shall show her consent to marriage by verbal consent, which is necessary
A girl may lose virginity by reasons other than marriage (wounds; violent games)
In Previous, A.H. takes such by ruling as virgin; and SAHEBAIN take her as not so
If she loses it by adultery, A.H. rules her as virgin; SAHEBAIN rule her as SAYYEBA
SAYYEBA means such woman who has not remain virgin because of her marriage
If a woman denies that she agreed to marry her husband, her word is valid (A.H.)
SAHEBAIN ask in Previous to take oath from her about it, then only it has validity
Words about marriage as told by the 'URF validate it; odd words need avoidance
If SAYYEBA gives herself to a man as HIBA/TAMLIK, his approval denotes NIKAH
Marriage needs 2 witnesses, both male (or a male & 2 female), for its occurrence
NIKAH by WALI for child (male/female) is fine, as consent at maturity validates it
HF rules that NIKAH which father/grandfather certify is irreversible but if by C.N.
If other close relatives bind him/her to NIKAH at childhood, it would be MAUQUF
In Previous, he/she has the right to reject it just by verbal denial to it at age of 15
WALI is ASABAH (her close male relative); her sons & then father has preference
If WALI is not reachable at good proposal for woman, WALI next in-line, decides
HF tells that equality refers to NASB & Wealth & DEEN; last only has actual worth
Except if a mature widow, a female shall not decide for her marriage, by her own
However, her marriage needs her consent for it as it doesn’t take place without it
WALI (if her father) may validate MEHR for her as he's allowed unchallenged to it
Others if her WALI are not liable to ask lesser than MEHR-MITHL; it makes it valid
Man will give MEHR to woman at marriage & lowest in that is 10 DIRHAM (Silver)
DIRHAM is the silver coin; 10 DIRHAM value about 30 grams of Silver at this time
Better is to keep MEHR more; it is due by privacy to wife, or his death before that
If unmentioned, MEHR-MITHL (as of brides of her paternal side) is due by privacy
If MEHR is mentioned, but she is divorced before privacy, she would get half of it
If MEHR is unmentioned at such, he shall give MUTATUN-NIKAH to her (4 clothes)
MUTATUN-NIKAH is KAMEEZ, DOPATTA, CHADAR (covering sheet) and SHALWAR
DOPATTA is head & body-covering; they make a decent dress for the Muslim lady
Husband would provide these by his financial status in the place as noted by 'URF
MEHR if unmentioned initially yet couple decide it at marriage, it's valid by privacy
If MEHR is unmentioned initially & decided later, it does not apply without privacy
Previous implies that if he divorces her before privacy, he pays MUTATUN-NIKAH
Wife may allow discount, & ask lesser than the mentioned MEHR by her husband
Valid hindrance to rightful privacy (HAJJ-EHRAAM or menses) is honored in ruling
Divorced woman are in 4 types; each of them has its own ruling that needs study
If MEHR mentioned & rightful privacy received- he has to give her the total MEHR
If MEHR mentioned & rightful privacy not received- he has to give her half of that
If MEHR unmentioned & rightful privacy received- he'd give her the MEHR-MITHL
If MEHR not mentioned & rightful privacy isn't received, MUTATUN-NIKAH occurs
Provision of MATATUN-NIKAH to others mentioned in addition, is appreciable too
SHIGAAR is marrying someone's sister, by giving him his own sister into marriage
Such NIKAH is HARAAM, as one is MEHR to other; both women are deprived of it
Previous is valid, when each of them gets her due MEHR, that is her specific right
If someone marries on teaching the Holy Quran, it's not MEHR but NIKAH is valid
It needs MEHR having financial nature so she is liable to MEHR-MITHL in Previous
A woman may reduce MEHR on condition that he shall not take her out of her city
The marriage is valid but condition is FASID, as he is rightful to take her out of city
If needed, he shall pay better of balance of MEHR or MITHL to take her out of city
If someone marries mentioning a thing as MEHR, it is valid if he gives her its value
MUT'A is to ask companionship from woman for sexual reason without witnesses
It occurs without Announcement, Responsibility, Trust (ART) b/w both on amount
It's other name to adultery so it's HARAAM; it has no place at Islamic environment
NIKAH MAWAQQAT is the marriage for term specified; it takes-up all the ART in it
So ZUFAR says for Previous that NIKAH occurs & condition of specific term is void
If WALI is 1st cousin too, he may marry the girl in his care if she's not yet 15 years
As this NIKAH is MAUQUF, she has the right to reject him as she turns to 15 years
If woman makes someone WAKIL to marry her to himself, it's fine by 2 witnesses
In BAYE', it is disallowed to become caretaker to both sides; in marriage, it is valid
And guarantee for man by bride's WALI that he'd pay MEHR is exception yet valid
NIKAH becomes FASID if there're no witnesses for it or if he marries sister-in-law
If QADHI ends NIKAH-FASID by order, MEHR isn't payable even if he had privacy
But otherwise with sexual relation conformed, he shall pay her the MEHR-MITHL
MITHL is what is of her paternal cousins'; she'd get lesser of MITHL & mentioned
She'd pass IDDAT & if she conceives, that child is the lawful offspring of the man
NIKAH is fine to Muslim girl (or true Christian girl); he'd avoid marrying any other
Note that though it's allowed to marry the practicing Jew girl, it is most detestable
Marriage is AQD for whole life; NIKAH-MAWAQAT is fine minus time-specification
He may marry 4 women at one time, yet he needs to see to their equal treatment
He must wait for end of IDDAT of 4th wife before he marries another in her place
If a man marries two women at one time within one AQD, both of them are valid
If marrying one was void (by relation of milk), it wouldn't occur but other is valid
Previous differs to BAYE'; that asked invalidity if AQD has 2 aspects & one is void
It's unlawful to divorce wife due to physical adversity, if it does not avert relation
But if he has skin's adversity like whiteness or/& other, she is liable to get divorce
If man is unable of sex-relation to wife, she's liable to ask divorce but after a year
In Previous, he'd pay total MEHR to her, if he did get the rightful privacy with her
If his impotency is due to incurable lack in organ, the divorce then applies W.I.E.
If non-Muslim girl accepts Islam then her husband accepts it too, NIKAH is intact
If he rejects it, QADHI would separate both ending the contract to their marriage
If the man converts to Islam & his wife is practicing Christian, the NIKAH is intact
If a woman accepts Islam at un-Islamic place but her husband does not accept it
Their marriage would terminate as three of her periods end, as that is her IDDAT
When a man accepts Islam & leaves un-Islamic land, it puts divorce to wife there
If they both leave un-Islamic land together then their marriage stands unaffected
If a woman leaves un-Islamic land becoming Muslim, her marriage ends instantly
In Previous, she may marry instantly entering the Islamic land without any IDDAT
However if she is pregnant, she must give birth to child before her marriage again
If Muslim man turns MURTAD, his wife instantly gets out of NIKAH, & it is FASKH
In Previous, If MEHR is unpaid with privacy availed, he'd pay it full otherwise half
No woman is to marry him; she's blessing of Allah & he'd not get it insulting Islam
If one of non-Muslim couple turns Muslim, their infant de-facto becomes Muslim
NIKAH is ruled intact & valid, if both of non-Muslim couple accept Islam, together
In Previous, if his wife is unlawful by Islam to remain as wife, he needs to divorce
Man must be just in wives' rights by intention, as distribution of nights b/w them
He isn't liable to equality in giving days b/w them, nor in love he may have of one
One of wives might leave her turn at night in favor of other, by her own free-will
In Previous, she may reverse approval to her husband to omit her turn at nights
RADHA'AT is sucking milk from woman, who becomes as mother to child by milk
RADHA'AT is proved to 30 months (A.H.); better is when it's 2 years (SAHEBAIN)
RADHA'AT is proved even by one suckling only of the infant in mentioned period
After mentioned period, it's HARAAM to feed milk to infant, & it's not RADHA'AT
She mustn't feed her milk to any woman’s child, without consent of her husband
AZJANIBE SHIRDAH HAMKHISH SHWAND WAAZJANIBE SHIRKHAR ZAUJANOFRO
Previous is poetic verse (Persian); it notes, to whom NIKAH is void by RADHA'AT
Infant milked is as her own child to woman & husband; rulings apply accordingly
He is prohibited to marry them or their specific close relatives as told by the rule
The rule here says that HARAAM by NASB are HARAAM to him by RADHA'AT too
There are two exceptions to the rule mentioned in Previous; those are as follows
It's valid for him to marry the mother by milk, of sister by milk, if she's unrelated
So "A" (boy) & "B" (girl) are related by milk; but "B" is fed by another woman too
As "A" was not fed by that second woman unrelated to him so he may marry her
Other issue is of a man who marries sister by milk, of his son by milk, if unrelated
So "D" (boy) & "C" (girl) are fed by a woman; & "D" is fed by another woman too
Husband of that another woman has right to marry "C" as she is unrelated to him
The man is father by milk to the child, whom his wife feeds; she is mother by milk
Wife of his son by milk is his daughter-in-law; it's void to wed her even if son dies
Rulings about the child's marriage to man's close relatives shall apply accordingly
If she isn't in his marriage due to divorce, he does not turn father to child by milk
Those who are sisters & brothers by milk are same as brothers & sisters by NASB
So, inter-marriage is void for any of them & woman who fed them is their mother
Her close-relatives & of her spouse are theirs too as if they are offspring to them
If woman's milk is fed mixed in water lesser than water, RADHA'AT doesn't occur
In Previous, if the milk is more than the water in it, it proves RADHA'AT for infant
If it is mixed with medicine, same ruling applies, that lesser of medicine proves it
Same applies if woman's milk mixes with goat's milk, more of them decides issue
If the fed milk was from two women, it does prove RADHA'AT, for both to infant
If woman's milk is with foods, it does not prove RADHA'AT for him, even if much
If 2 infants are fed with the milk of one she-goat, it doesn't prove any RADHA'AT
If a virgin girl gets milk at breasts by some chance & feeds a child, it is RADHA'AT
A man may wed infant girl by her WALI's assent, without sex-relation till menses
If his adult wife feeds his infant wife both become unlawful as wives to him by it
If adult wife did it by intent, she'd pay half of infant's MEHR, otherwise she'd not
Marriage of couple is void on the testimony, that both were fed by same woman
In Previous, the testimony shall only be valid if a man & two woman provide that
But in case that only 2 women testify to it, it's not binding yet avoidance is better
TALAQ means divorce that ends NIKAH; it releases bondage of a rightful marriage
TALAQ is man's right of 3 pronouncements for life; he may reverse it up-to 2 only
Note that in NIKAH, in TALAQ, in RAJ'AT, verbal statements have high significance
Verbal statements set-up NIKAH; & TALAQ too but this is the explicit right of man
In HF, TALAQ has 2 kinds; by SUNNAH & by BID'AH & former too has its two kinds
Former is divided into 2 forms; HASAN (its good form), & AHSAN (its better form)
TALAQ is detestable, but HASAN & AHSAN mean the due manner to pronounce it
HASAN is when she is in state of cleanliness in which he hasn't made sex- relation
That state of cleanliness is b/w her two menses & it is mentioned as TUHR for her
After getting verdict of TALAQ, woman has to spend three periods, as her IDDAT
She'd not marry again before end of IDDAT; it stays till last day of her 3rd menses
HASAN asks few conditions; First, it’s given in TUHR (Cleanliness) else it is BID'AH
Second is that he has not made sex-relation with her, in her period of cleanliness
Third is that he has not made it even in the last menses-period; it’s HARAAM in it
Fourth is that he pronounces it one time, in each of her 3 clean periods of IDDAT
IN AHSAN, only the fourth differs as he pronounces it once only in her first TUHR
Even in AHSAN, it finalizes after end of her 3rd period; it's reversible in her IDDAT
TALAQ is of 3 types that are TALAQ-RAJ'AI, TALAQ-BAAEN, TALAQ-MUGHALLAZA
RAJ'AI (reversible) occurs when it is clearly said once or twice in most plain terms
In RAJ'AI, he may reverse his verdict by his verbal note or by sex-relation with her
He may reverse RAJ'AI only in due period of IDDAT; at its end, it becomes BAAEN
BAAYEN takes place when words for it are unclear yet intention seems very clear
BAAYEN also takes place, where terms for divorce has consolidating words for it
BAAYEN also takes place when it is to the wife to whom he hadn't got privacy yet
It is the man's exclusive right of 3 pronouncements & he may reverse it, if lesser
At the third pronouncement, he loses the right to its reversal; it is MUGHALLAZA
BAAYEN ends marriage; he may marry her again but with her consent again now
He may marry her in IDDAT at BAYEN & he has lost right to one pronouncement
In Previous, she will marry any of men who proposes her after end of her IDDAT
Marriage is relation of love more than contract; if that is gone, it’s unsuccessful
If man (who divorced her) asks her to marry him again, she may accept him too
In BAAYEN, marriage ends; in IDDAT or after it, they may marry again if they will
Difference b/w RAJ'AI & BAAYEN is former is simply presented, latter is complex
Another difference is that former is clear in words; latter asks for its clarification
Still another difference is former doesn't end NIKAH at IDDAT; latter ends W.I.E.
Similarity is that both are reversible in IDDAT; former by words, latter by NIKAH
Other similarity is that he may marry her again by her consent even after IDDAT
If BAAYEN needs clarifying, his intention is valid to note except if that is obvious
In both types, TALAQ stated may either be for one time or two times, not more
An exception is that though TALAQ is counted to 3 yet BAAYEN has some detail
If he states obscure words first & again he says similar words, 2nd isn’t counted
TALAQ-BID'AH is that 3 TALAQ are said at once, in TUHR or menses; he is sinner
In Previous, MUGHALLAZA occurs, & NIKAH ends without any option to reversal
AHLE-HADITH vary that at one sitting, TALAQ occurs only once even if said more
If he hasn't had privacy to wife yet, he may divorce her even if she's not in TUHR
If free of menses, being not at age or advanced age, her IDDAT is 3 lunar months
If at advanced age/pregnant, she might be given TALAQ after sex-relation to her
TALAQ occurs even by jest, even at anger, even if pregnant; she can’t reject that
If he gives TALAQ at menses, he must reverse it & wait to state the 2nd till TUHR
Woman's security lies at the man's statements; his respect lies upon her chastity
Ahadith indicate to care much for the tongue & private parts to achieve JANNAH
In BAAYEN needing clarity, intention of man is asked; his words have validity in it
But his intention decides in it for one or three; it's invalid if he says he meant two
Man's intention in BAAYEN is valid except where the situation rejects him clearly
RAJ'AI means reversible; BAAYEN also is reversible, but it asks to marry her again
HF tells if someone is forced to pronounce TALAQ it'd still have validity if he does
In Previous, if he only writes it down without saying "TALAQ", it would not occur
If man relates TALAQ to an act of his wife as condition, the act does put it on her
Man's count for TALAQ, any type, is valid; for IDDAT, Woman's word has validity
Ruling of AHLE-HADITH has worth; at one sitting, it is only one, even if said more
But all 4 IMAM agree that 3 TALAQ puts all 3 to wife, even if that is at one sitting
In Previous, the best ruling is what AHLE-HADITH have at this very notable issue
At one sitting, TALAQ is better to take as one only, even if he utters it many times
In those days, TALAQ didn't put a woman to insecurity as she remarried instantly
Also, divorce wasn't disgrace for her as now; that enhances insecurity she incurs
Then, he bore brunt of adverse words; & now, it's unjust to her who bears those
The 'URF and the intention, both had notable value at the times of Prophet PBUH
Better certainly seems that ULAMA save relations, rather than ask to break them
TALAQ to wife to whom privacy is not yet availed, is BAAYEN & it needs no IDDAT
Time affects TALAQ; man can't give it to woman not his wife at the time by ruling
If man says to wife tomorrow she is divorced; she gets it as FAJR breaks next day
If he divorces by saying "at that place", she is divorced whenever she goes there
If he permits TALAQ to her & she puts it on herself in the same sitting, she gets it
In Previous, if she takes-up a task or changes rooms, she loses right she has for it
And if she does put it on herself, it would occur as RAJ'AI, considered as one only
If he delegates right to divorce herself anytime, she has the right to use it, by will
He has to delegate this right at or after marriage as it’s void to delegate it before
Leaving it to wife asks as RAJ'AI; she has no right to divorce him as it's unfeasible
She does get the right to divorce herself by him but it's to put it onto herself only
By the Previous, the man does not lose right to divorce her, as he basically has it
QUDURI tells if husband intended 3 & she puts all on herself, it would take place
Previous needs revision as allowing BID’AH by will is bad; it always is one RAJ'AI
If a man in good health gives BAAYEN, she is not his heir, even if he dies at IDDAT
If a man faces ailment of death & gives BAAYEN, it'd not bar her being heir to him
If a man gives TALAQ attaching insha-ALLAH in his speech, it does not take place
RAJ'AT is to accept wife in IDDAT, as still in his marriage, after the TALAQ clearly
His acceptance maybe by words or by any act that he is allowed as her husband
Wife's objection to RAJ'AT is of no consequence; her husband only decides for it
It is better that he makes 2 witnesses on TALAQ & on RAJ'AT for clarity in issues
If husband says after IDDAT that he did make RAJ'AT & his wife agrees, it's valid
In Previous, if she denies his statement about it, her word is valid, without oath
Word of the wife only values for disclosure of end of IDDAT as she knows it well
As his wife ends her 3 period of menses fully after TALAQ, her IDDAT ends there
End of her IDDAT is marked by 1st SALAAT she reads after her bath at cleanliness
If she didn't take bath ending 3rd period & time of a SALAAT elapses, IDDAT ends
If after her bath a section appears dry, he still has right to RAJ'AT till next SALAAT
At RAJ'AI, he must ask permission of entry to room, so RAJ'AT occurs only at will
After TALAQ, she has to live at husband's place, till at-least the end of her IDDAT
If man pronounces 3 TALAQ to wife, he can't marry her again like in other types
If she marries other who divorces her or he dies, he may marry her after IDDAT
In Previous, ruling is fine even if 2nd husband was teenager but got due privacy
If these three, husband, wife & 2nd husband, agree upon TALAQ, it is HARAAM
Her word is valid if she tells the previous husband, she did marry, & is divorced
If the elapsed time allows it, he is rightful to marry her again by mutual consent
EELA is the oath of man not to make sex-relations to wife, at-least for 4 months
Without such oath, EELA does not occur even if he avoids her, for much of time
He'd need KAFFARAH (fines on it) if he has sex-relations to her, in the 4 months
KAFFARAH is that he frees a slave or clothes 10 needy ones or feeds 10 of them
If he's unable to provide KAFFARAH then he would keep three consecutive fasts
With such oath, his wife gets BAAYEN as 4 months elapse and he keeps his word
He may marry her again after 4 months, but if oath is to all future, it doesn't end
After he marries her again, he shall pay KAFFARAH before making of sex-relation
He must refrain from all such oaths ahead so as to keep his good marriage intact
If he's unable for sex-relation to end it (by illness; distance), he may state plainly
He may opt for EELA or ZIHAR or BAAYEN, by saying that she is HARAAM on him
So this needs that he clarifies such statement, which is acceptable in this matter
KHULA' is the contract ending marriage that is asked by the wife to her husband
It puts BAAYEN to her; she has to return MEHR or pay some amount to husband
Marriage has aspect of EHSAAN (love) too, even if asks ADL (contract) b/w them
If both intend to separate, man must give her TALAQ without asking for amount
If man does ask amount to accept her advice (KHULA'), it has to equal her MEHR
In Previous, if he asks more than MEHR by her, KHULA' is valid but he's blamable
He's disallowed to ask any of HARAAM things as returns upon giving her KHULA'
If wife asks KHULA on unseen amount and he accepts, she'd pay him MEHR back
If wife asks MUGHALLAZA for 900 DIRHAM, her husband may give her only one
In Previous, she'd pay him the 3rd of 900 she had offered; it equals 300 DIRHAM
Any condition taken to extent where it fulfills its task, is as good as totally fulfilled
So in 3 articles of same value, one only maybe taken if it suffices for the necessity
By getting one TALAQ from him is enough for her; she's free of bond after IDDAT
But If husband asks to put 3 TALAQ to herself on 900 DIRHAM, and she puts one
It has no effect; she has violated the condition for TALAQ, which already is FASID
If man speaks of relations as MUBARAAT at KHULA's demand, he accepts KHULA
MUBARAT denotes separation; they'd mutually decide allowance she'd give for it
ZIHAR is to speak of a part (as back) of wife, as similar to same part of MEHRUM
MEHRUM means those women whom the man is totally disallowed to marry ever
ZIHAR occurs if he says of wife she's like his mother, sister, aunt to him, in ruling
It's specific comparison to his MEHRUM; not that she is his mother or looks alike
If he says that she's his mother, that's fib; if she looks like his mother, that's fine
ZIHAR asks KAFFARAH; he must free a slave before making of sex-relation to her
If unable, he'd fast-on for 2 consecutive months, for KAFFARAH (compensation)
If unable to such KAFFARAH too, he has to feed 60 of the needy persons 2 times
It's valid for him to feed a needy for 60 days or 10 needy for 6 days 2 times daily
ZIHAR used to make wife HARAAM forever; Islam allowed KAFFARAH giving ease
If the man at ZIHAR commits sexual act with wife before KAFFARAH, he is sinful
But Previous doesn't ask any punishment at world; he must ask Allah for pardon
If he has 2 wives and he makes ZIHAR to both, he'd pay KAFFARAH for each one
In Previous, one KAFFARAH allows relation to one of wives only as he wills, by it
LI'AN is to curse someone so that he/she falls far away from the blessing of Allah
It applies to man & wife as each testifies on other if man charges wife of adultery
She may file case against him on this charge or if he rejects new-born as his own
If he does not have 4 witnesses to testify for charge on his wife, he'd make LI'AN
He says 4 times, by Allah he is truthful; at fifth, he asks Allah's curse on him if liar
She says 4 times, by Allah he is liar; at fifth, she asks Allah's curse on her, if true
The man remains in focus yet curse would fall upon woman, if his charge is valid
QADHI would announce their separation for good; it asks end of marriage W.I.E.
If husband has been punished in QADHF or as liar before, his word loses validity
It means he charged someone of adultery & couldn't prove it; LI'AN is void then
If he accuses his wife and she goes to court, he has no option but to make LI'AN
If in Previous, he does not make LI'AN, he would officially be pursued to make it
LI'AN does not make any of them liable to any HADD (QADHF/ZINA) respectively
In fact, they save themselves from penalty of HADD by LI'AN against each other
QADHF is accusation of adultery at court; ZINA means adultery; both major sins
If the wife is non-Muslim or she is punished before in adultery, LI'AN is void then
In Previous, LI'AN doesn't occur, as it doesn't when he had been punished as liar
The man has to point at the woman as he makes LI'AN, so there is no doubt in it
After making LI'AN to each other, they separate; he would never ever marry her
Low character is never capable to fulfill high demands of the Islamic Morals ever
LI'AN doesn't occur if the wife is not yet adult or is lunatic; no HADD occurs here
LI'AN doesn't occur if man or wife is dumb; and he/she wouldn't face HADD too
LI'AN doesn’t occur b/w them, if condition is attached to it as that makes it void
LI'AN occurs if the man charges his wife clearly that she has committed adultery
LI'AN occurs b/w them If the man charges wife of adultery just at the child-birth
But if his charge presents after much time of birth, the child then is his, officially
Valid period generally, if he doesn't accept it as his, is within 40 days of its birth
If twins are born & he accepts paternity to the first, LI'AN does occur b/w them
If he accepts it to second only, he gets HADD; & both officially are his offspring
IDDAT of TALAQ is count of 3 periods ; it is 3 menses; it may be 3 lunar months
IDDAT due to his death is 4 lunar months & 10 days with day of death as day-1
IDDAT of divorce is 3 ways; to woman who gets menses, it’s at end of 3 of them
Women who don't get it due to small/ripe age, it is to end of three lunar months
To her who is pregnant, IDDAT is to child-birth even if occurs just after his death
IDDAT occurs to that woman only with whom husband has availed valid privacy
So IDDAT at husband's death is 4 months-10 days; if pregnant, it's to child-birth
If husband divorces her as BAAYEN at death-bed, she is heir, if he dies in IDDAT
Her IDDAT in Previous is the longer one, that is b/w divorce & husband's death
If NIKAH is FASID, IDDAT on her comes according to ruling i.e. end of 3 menses
If husband, not yet adult, dies & his wife is pregnant (by sin), it ends at its birth
If someone divorces wife when she has menses, it is not counted in her IDDAT
If he makes sex-relation in IDDAT of BAAYEN, she will also start her 2nd IDDAT
IDDAT starts instantly after her divorce or husband's death, without any delay
If she was unaware of divorce & knew late, time elapsed also counts as IDDAT
Previous is also valid for IDDAT of husband's death as time elapsed is included
If total period of IDDAT elapsed counting from day-1, then she has passed that
IDDAT of FASID-NIKAH starts as husband wills to avoid sexual-relation with her
Alternately in Previous, it commences from verdict of QADHI to rule for divorce
IDDAT denotes gloom on her part as MUTALLAQA (divorced woman) or widow
So Muslim adult sane woman shall observe sadness & refrain from adornment
In RAJ'AI, her adornment for husband is recommended as he may make RAJ'AT
Muslim woman can't disclose herself to men with adornment, but for husband
In general, adornment is prohibited to her, when she leaves home for necessity
Perfume, powder, oils all are included in adornment and also attractive dresses
Woman at IDDAT mustn't be proposed yet a man may suggest inclination for it
MUTALLAQA shall stay home at IDDAT very strictly; widow may go out at need
Even widow shall return home as night falls, if she goes out for a genuine need
At IDDAT, she would be at nights at that place, where she had lost her husband
She as his widow, shall spend IDDAT there, if her share in property does permit
it is not allowed that he takes his divorced wife at travel with him, even if RAJ'AI
As NASB has the most significant value in Islam, it needs utmost care of Muslims
They will surely attempt to provide NASB (upright relation of the father) to child
If no option is left after best of attempts, then only child is taken as by sinful act
Note that least period for pregnancy is ruled as 6 months & the most, as 2 years
NASB is lawful within this time after TALAQ (or IDDAT) with no blame to anyone
If child is born within 2 years of TALAQ, the ruling asks to take her pregnant at it
In Previous If it was RAJ'AI, her periods are taken as lengthier & RAJ'AT accepted
So child-birth marks the end to her IDDAT, & her TALAAQ becomes BAAYEN now
If it's more than 2 years of TALAQ but not from IDDAT, it's valid; RAJ'AT accepted
If MUTALLAQA by BAAYEN, gives birth within 2 years of TALAQ, it's NASB is valid
In Previous, if she gives birth after 2 years of TALAQ, the child's birth is unlawful
If widow gives birth to child within 2 years of husband's death, it's NASB is valid
If known that a woman was pregnant in IDDAT, its NASB relates to her husband
So if man challenges its NASB that his wife didn't give birth to any child in IDDAT
In Previous, woman only needs one lady-witness at child-birth to reject his claim
If she gives birth to child within 6 months of marriage, its NASB is unlawful then
If she gives birth to it after 6 months of marriage, its NASB is valid if man accepts
If he rejects, LI'AN occurs; if he says she didn't give birth, a lady-witness suffices
For ZIMMI, their family-laws would be taken as totally applicable, at their issues
So if ZIMMI gives TALAQ to his wife, she may not pass IDDAT, if not their ruling
Marriage to the woman pregnant by adultery isn't void yet it is highly despicable
NAFAQAAT is expenditure by man on his wife & children; bread, cloth & shelter
Provision of necessities is her right on man by status of both; average is feasible
She has right to refuse sex-relation till he pays MEHR; NAFAQAAT isn't disturbed
If she's NASHIZA (leaves home when forbidden), she loses NAFAQAAT till return
NASHIZA means uncaring & disobedient to husband; she's under the man's care
Wife doesn't get NAFAQA if at small age (not yet adult), as it is not asked of man
If the husband is not yet adult, his adult wife is liable to NAFAQA from his assets
He has to pay NAFAQA to his MUTALLAQA in IDDAT whether RAJ'AI or BAAYEN
Widow's NAFAQA doesn't occur at assets of deceased husband but she's an heir
If she is divorced due to her sin, she does not get NAFAQA in IDDAT, but shelter
Also, she would not receive any of her NAFAQA in her IDDAT if she leaves Islam
If she does HAJJ withot his assent, imprisoned or abducted, she'd lose NAFAQA
QUDURI mentions imprisonment for women; that doesn't seem valid as of now
If the wife becomes invalid at husband's house (& it's hers too), she'd still get it
At this trouble, she's liable to get female servant if the husband is able to afford
She must get a separate room that she may live at ease without any of intrusion
The husband has the right to stop entry of any of wife's relatives, at their house
But in Previous, he is not liable to stop her MEHRUM near relatives, to meet her
Also, he has no right to stop his wife's visits to them; he may limit those at will
If he is unable to provide her NAFAQA by efforts, he'd have to provide by loans
If husband vanishes & a man has his assets, his near ones will get NAFAQA by it
In Previous, custodian to assets shall have guarantee of "no claim" at his return
At living by Islam, QADHI will ask him to give that in the absence of her husband
As he isn't liable to support other relatives, they don't get anything by his assets
At Islamic living, the wife may claim NAFAQA, or its increment, at QADHI's court
Even by favorable verdict, she will not get it, or increment in it, for time elapsed
But in Previous, QADHI may decide as exception to rule that he pays even for it
If husband died & didn't give it to her, even after months of verdict in her favor
In Previous, she would fully lose her right even, to claim it at the QADHI's court
On contrary, if he gives NAFAQA in advance & dies, she is not liable to return it
NAFAQA is such liability on husband, that even slaves gave to their slave-wives
Female slave (of other person) was also given that, if anybody took her as wife
NAFAQA for children is liability of the father only; & husband provides for wife
He must provide woman to feed milk to his infant child if its mother declines it
In Previous, she hasn't the right to ask amounts by its father to feed their child
In Previous, even if he gives TALAQ to its mother, she has more right to feed it
It is disputed if she can ask for UJRAH then being MUTALLAQA, yet it isn't good
If ZIMMI girl turns Muslim, her husband shall still pay for expense of their child
All children are taken as Muslims if any of man & wife do sincerely accept Islam
After TALAQ father is liable to care for the male child when he comes to 7 years
The ruling is that male child remains in mother's custody until he learns hygiene
So she'd have his custody before 7; if she dies or remarries, grandmother has it
If she even is not available then paternal grandmother gets his custody to care
If she even isn't available, his unmarried sisters get his custody to care for him
That sister is more liable to get his custody, who shares same parents with him
As for female child of divorced couple, she will remain with mother till menses
If mother dies or remarries, then grandmother/s would see to her in sequence
After she comes to adolescence, the father has right to her custody being WALI
The better ruling is that her custody remains to mother, until the girl is married
If mother is Christian, she will have custody of their boy till he picks-up hygiene
But she gets custody of her girl only until the girl gets the awareness of morality
She's disallowed to take the child to such place, that is inaccessible to the father
Man has to care for the sustenance of his father, mother & grandfather's family
NAFAQA doesn't occur for the non-Muslim yet the parents & wife are exception
In Previous, grandfather, grandmother, his offspring, are exception too at need
If both father & son of the needy are well-off, son is more liable to care for him
NAFAQA of close MEHRUM relatives at need, falls on him even if they are adult
MEHRUM are female relatives, to whom his NIKAH is void; he shall assist them
If he has special or crippled male relative, he shall care for him too even if adult
If a woman, MEHRUM to a special relative, is well-off, she shall assist him then
MEHRUM relatives have a share in his assets by MEERAATH (inheritance ruled)
NAFAQA for sustenance must be at-least equal to the share he has in his assets
Seems better to assist needy close relatives without any care to worldly returns
It's not due for adult offspring (male or married female) if he/she is not Muslim
Previous ruling tells that their assistance is unnecessary even if they're crippled
Previous relates to ruling yet even with this ruling, it's not invalid to assist them
He will not give NAFAQA to any if he himself is needy except for wife & children
If a man disappears, his parents may take sustenance from his available assets
In Previous, father may even sell current assets of the son for their sustenance
In Previous, if QADHI allows him to take loan on son's behalf, he shall pay that
At his return, he can't ask ZAMAN from his father, as he has right on his assets
If someone else somehow spends his assets, on return he may ask for ZAMAN
JINAYAAT (QISAS & DIYAT) - HUDUD
CRIMES are classified into three categories; HUDUD, QISAS & DIYAT, TA'ZIRAAT
Crimes in HUDUD are 5; adultery, accusation of adultery, drinking of wine, theft
Last is the highway-robbery & that may include mutiny against the Islamic State
HUDUD once proven have the prescribed punishments as commanded by Allah
QISAS & DIYAT relate mainly to commitment of murder and to inflicting wounds
QISAS & DIYAT remain to the affected sides, & are assisted by verdict of QADHI
QISAS means life for life & wounds for wounds; it's off by the payment of DIYAT
DIYAT is the amount where QISAS is inapplicable, as in an unintentional murder
DIYAT also is the amount by which the affected side spares the life of murderer
All sins either represent ZULM (all unjust); or/& either FAHSHAA (shameful acts)
Men must see more to avoiding the ZULM & women more to avoiding FAHSHAA
Punishments in HUDUD target both of these and QISAS & DIYAT target them too
TA'ZIR is the penalty, other than prescribed punishments in HUDUD & JINAYAAT
JINAYAAT is the term related to QISAS & DIYAT, (that are for murder & wounds)
It’s beneficial much to read the Legal-Issue at my paper "The Islamic Guidelines"
If Muslims apply the Islamic Judicial System, there'd remain no adversity at land
All praise is for Allah Who has set it for us; it's simple & simple is always the best
In JINAYAAT, murder is classified into 5 types; First of it is the intentional murder
Second of it is the Intention-Like; Third is by accident; Fourth is the accident-like
Last is unintentional-cause, as it occurs due to some reckless action of someone
Murder brings five rulings; QISAS; DIYAT; KAFFARAH; HIRMANIL-IRTH and ITHM
These five are not respective punishments to 5 types, & occur in different ways
HIRMANIL-IRTH is stoppage, when a heir is deprived of his share in inheritance
ITHM is the sin that falls on responsible person/s at the commitment of murder
Intentional Murder is identified by weapon used to kill; use of gun now clarifies
A thing that has sharpness to wound lethally, puts charge of intentional murder
But poison also is lethal where it kills someone; it relates to intentional murder
Intentional-Murder does not ask KAFFARAH (compensation) but asks for QISAS
So QISAS, HIRMANIL-IRTH, ITHM applies in it; QISAS is inapplicable onto others
QISAS is waived-off, if heirs to murdered person forgive the murderer by DIYAT
DIYAT in Intentional Murder is any valuable thing, to which they agree mutually
Intention-Like is where the murder-weapon is controversial & may not be lethal
So Previous occurs if it's committed by striking object, which isn’t lethal by 'URF
Intention-Like doesn't ask for QISAS yet DIYAT + KAFFARAH + ITHM occur in this
DIYAT is 100 camels of different ages, yet other ruling is to pay 10000 DIRHAMS
DIYAT is ruled today by taking MP of 30630 gm of Silver & it equals the Previous
KAFFARAH is to free Muslim slave (male/female) or fasting 2 months continuous
If responsible man in such type is an heir to murdered HIRMANIL-IRTH will apply
Accidental is when there is no intention to kill; it may be due to wrong judgment
Or it may occur when the action was due onto a valid target but hit some person
It asks no QISAS, HIRMAN, ITHM but only DIYAT (on AAQILAH) & also KAFFARAH
AAQILAH are near-ones, by tribal relations (or profession); they assist financially
HF rules that if he accidentally kills the person he is heir to, HIRMAN occurs at it
Previous seems to need scrutiny; HF at times invalidates man's word for himself
HF at times gives undue value to law than Muslims in general; trust must prevail
HF has ruling that if QISAS or KAFFARAH occurs on heir, it also asks for HIRMAN
Accident-Like is to kill without intention, yet by natural action of responsible one
Previous applies as a person in sleep, may fall on someone choking him to death
Ruling for Accident-Like is similar to the Accidental; so practically, both are same
Unintentional-Cause is such where an action of some leads to killing of someone
An example is when he digs a well without permission on way, & a man falls in it
It asks for DIYAT only & nothing else from other of rulings related to the murder
QISAS occurs on intentional murder if heirs reject DIYAT, but other types do not
QISAS occurs even if man murders a ZIMMI or a slave & even if he kills a woman
QISAS occurs, If he murders a child or crippled as the rule is general "life for life"
It doesn't occur where an unauthorized man kills someone liable to death by law
It doesn't occur where an unauthorized man kills refugee, who is at Islamic land
It doesn't occur if the murderer is child or lunatic who has murdered any person
It doesn't occur (& KAFFARAH too) if father kills son; DIYAT & HIRMAN do occur
Previous is exception; HF asks HIRMAN at QISAS or KAFFARAH; both are absent
It's not appreciable by Islam, to execute capital punishment by hanging in QISAS
If someone wounds anyone by lethal weapon, he faces murder-charge if he dies
If precision is hard, bones don't ask for QISAS; DIYAT of wounds is termed ARSH
If man breaks bone from joint, QISAS is possible by his same bone from the joint
Muscles or the soft part of nose & ear, would be compensated by same in QISAS
End to sight asks to end sight by HF; feasible now is that ARSH only, is asked in it
ARSH is better in the set-up as of now where DIYAT to loss of any part is feasible
But, if someone is much bold in wounding, Muslims would find ways to stop him
QISAS occurs in wound that maybe compensated equally so bones are excluded
QISAS (life for life; wound for wound) is due, if he kills a woman; DIYAT is lesser
Ahead, we discuss damage in parts & DIYAT and ARSH are used interchangeably
If a man causes loss of limb of woman, it asks for DIYAT (ARSH) only; not QISAS
The rule of QISAS asks that equality for punishment, is extremely necessary in it
HF rules that parts of both vary and QISAS asks equality that's absent b/w them
Other 3 FIQH rule QISAS as valid b/w man & woman in parts too as in their lives
QISAS occurs b/w the Muslim & the non-Muslim if the affected wills, at wounds
If someone inflicts lethal wound to someone, but he recovers, QISAS is off on it
If man with a useless hand cuts other's hand, ruling asks to cut his useless hand
If injury is inflicted at head & QISAS puts lesser mark then ARSH is better option
QISAS doesn't occur on wounds put at the tongue or the penis due to inequality
If heirs to murdered person make SULUH with murderer, it ends right for QISAS
If only one of heirs makes SULUH or forgives him, DIYAT applies in it, not QISAS
If group of men murders someone intentionally, QISAS occurs onto all in group
It's feasible if he gets verdict as QISAS in one of murders of many he committed
In Previous, there are many heirs and they all have to refrain from asking DIYAT
On death of the responsible person to crime, QISAS ends from him then & there
If 2 men cut the hand of one person, QISAS doesn't occur yet ARSH falls on both
If a man cuts right hands of 2 men & they both ask for QISAS, his hand is cut too
Both of them are allowed to take DIYAT from him too and to share it accordingly
If one of affected, presents case & gets QISAS, absentee at arrival gets all DIYAT
If someone kills a man intentionally & other too is killed accidentally by the shot
In mentioned case, he's liable to QISAS for the first & to DIYAT for the other one
Accidental murder asks 100 camels of different ages due to their different value
But, better to apply DIYAT in DIRHAM; it is 10000 in Intention-Like or Accidental
10000 DIRHAM (Silver Coins) is acceptable too by FIQH in both types of Murder
As of now, it amounts to the MP of 30630 grams of Silver; this is for both types
Whole DIYAT (ARSH) is applicable if the part cut ends whole of the facial beauty
Also, whole DIYAT occurs at the cutting of part that ends all faculty related to it
By Previous, total DIYAT occurs, if someone cuts soft part of nose or the tongue
Cutting the male part or inclining him to idiocy by hitting on head asks it totally
Shaving of beard such that it doesn't grow, asks for full DIYAT as it ends beauty
Likewise, the hair if they are shaved, that don't grow again, ask for full of DIYAT
Parts occurring at the body in pair, ask for total DIYAT together & one asks half
According to the Previous, the eyebrows ask for total DIYAT if both are shaved
Cutting both hands or both legs or both ears or both lips, all ask for total DIYAT
Damage to both testicles of man or both breasts of woman, asks total of DIYAT
For each finger (& thumb) of hand (or foot), DIYAT is tenth, with no bias at this
For each of teeth, DIYAT is twentieth part of whole, without any discrimination
Damage to one hand or one leg, such that it ceases function, asks half of DIYAT
Wounds at head are in different ways affecting person; each has its own ruling
Only wound that may ask QISAS here is MUDHI'HA; DIYAT to it is the 20th part
MUDHI'HA is that serious wound in which the bone comes to view very clearly
It's the only wound that asks for QISAS if affected one wills; others don't ask it
A wise capable honest man would decide for lesser wound specifying its DIYAT
Wound that breaks the bone, asks for 10% of DIYAT; if displaced too, it is 15%
In JA'EFA (wound that penetrates body at chest/back), DIYAT is one-third to it
If JA'EFA is all through making hole yet wounded survives; that asks two-third
If all fingers are damaged and they cease function, it asks for the half of DIYAT
If someone cuts the sixth finger of a person, it needs judgment by honest man
If someone affects tongue or penis of a child, it also does need such a decision
If by mistake, a man hits on someone's head, & that causes MUDHI'HA to him
With MUDHI'HA it affects his mental stability adversely so DIYAT occurs in full
If all hair is damaged by the hit, it asks total DIYAT with or without MUDHI'HA
If he loses hearing, sight or speech, DIYAT (ARSH) is total with additional ARSH
The rule of QISAS asks that equality in punishment is extremely necessary in it
If someone breaks a tooth of a person but another develops there, ARSH is off
If the affected person recovers fully & there is no mark of wounds, ARSH is off
So now, if affected gets the total payment of treatment, it may substitute ARSH
If hair ceased to grow by hit yet with time, the affected did grow it, ARSH is off
But in issues where he recovers, the afflicter would pay all his expense on cure
If by damage to part another is affected too, both ask for ARSH, & QISAS is off
QISAS doesn't occur until the recovery of wound, as then only the issue is clear
If someone recovers from deadly wound, then the afflicter kills him by mistake
In Previous, the afflicter would pay DIYAT for the wound & also the total DIYAT
ARSH if lesser than twentieth part would be paid by the liable person to wound
If amount is more than twentieth part, ARSH is assisted in that by his AAQILAH
Woman is liable to ARSH lesser than half of twentieth; in more, ARSH is assisted
AAQILAH assist financially in DIYAT (ARSH) only if wrong is done unintentionally
If someone confesses to wrong that asks for DIYAT then he himself is liable to it
IQRAR to wounds or making SULUH with affected asks for immediate payments
If father murders his son intentionally, he'd pay DIYAT within 3 years by himself
DIYAT to murdered person is ruled as his left property; it'd be paid to heirs duly
If child or Lunatic kills a person even intentionally, it asks DIYAT from AAQILAH
If someone is liable to pay for Unintentional-Cause, AAQILAH would pay DIYAT
In Previous, if valuable animal dies by cause, he would pay ZAMAN to it himself
If ridden animal (or vehicle) kills someone, that is in driver's control, he is liable
In animals, rider is liable to any damage by its parts that are in front, in his view
Being unintentional, the damage due to animal (or vehicle), asks only for DIYAT
If someone drives chain of camels that kills a man, DIYAT is on him & his helper
QUDURI narrates rulings in JINAYAAT for slaves too that our study would leave
If wall (or building) is about to fall & owner is asked to demolish, he has to do it
If that hurts or causes loss by fall & witnesses testify, that he was asked of that
If loss is incurred after information & he got time to demolish, he shall pay loss
If two riders (or drivers) clash by mistake, death of both asks for DIYAT of both
If man hits pregnant woman & she lays down her pregnancy; he'd pay ZAMAN
In Previous, he'd pay the 20th part; and if the woman dies, the total DIYAT too
If woman dies before laying down pregnancy; demand only would be of DIYAT
If pregnancy was alive at birth & died afterwards, total DIYAT occurs upon him
KAFFARAH is to free a Muslim slave, or he would fast for 2 months continuous
QASAMAT is taking oath of 50 men from area where a man is found murdered
These 50 persons must not include women & children; WALI shall choose them
Each of these would take oath that neither he is responsible nor he knows killer
Oath removes any claim of QISAS from persons at vicinity yet they'd pay DIYAT
If someone denies oath, he shall be pressed; either he takes it or indicates killer
If there is no mark to take him as murdered, there occurs no QASAMAT for him
If blood flows from his nose, mouth or anus, QASAMAT is off at such indication
Previous tells that he may have been victim to an ailment that has affected him
Absence of QASAMAT tells clearly postmortem isn't worthy at the Islamic setup
If blood flows from eyes or ears then he'd be taken as murdered at that vicinity
If man was passing there on an animal (or vehicle) with driver, QASAMAT is off
In Previous, the driver is responsible to DIYAT until he clears him by valid proof
If a person is found dead at house, it's owner would be asked for his QASAMAT
DIYAT occurs until he clears him by valid proof; only owner takes-up QASAMAT
A.Y. rules that all owners (previous or current) of site, need taking of QASAMAT
If a person is found murdered at ship, all present on it would take-up QASAMAT
If a person is found murdered at a small Mosque, QASAMAT falls on the vicinity
If found at the main road used by all or at a huge Mosque then QASAMAT is off
DIYAT in Previous is payable by BAITUL-MAAL (Government Treasury), for him
If found at jungle in control of Muslims with no buildings near, QASAMAT is off
In Previous too, DIYAT for him in such position becomes payable from treasury
If found b/w 2 towns, the near-one shall be asked to take QASAMAT about him
If found inside waters of river that flows the corpse; there occurs no QASAMAT
If found near the bank not flowing in waters, QASAMAT occurs on nearby town
If WALI of murdered accuses one of vicinity as liable to it, QASAMAT still occurs
In Previous, if he accuses a person who isn't at vicinity, QASAMAT is off from it
If blame falls to a man amongst them, he shall take oath, mentioning innocence
MA'AQIL is plural & related to DIYAT; this section relates to those, who pay to it
Helpers to man are named as AAQILAH (MA'AQIL) who stand for him financially
DIYAT falls upon a person on the four types of murder except for the intentional
Intentional may ask DIYAT too if heirs to murdered take it leaving claim to QISAS
AAQILAH mostly relate to the affected person, by his family or by his profession
If persons at AAQILAH are many, each pays meager amounts within three years
Each one of them may provide 4 DIRHAMS in total within 3 years; that would do
As noted if DIYAT is lesser than twentieth part of total DIYAT, he'd pay it himself
AAQILAH would not pay for SULUH the murderer makes with heirs of murdered
AAQILAH would pay if a person murders a slave by mistake, assisting financially
HUDUD are specific punishments (of 5 crimes) that are given as ordered by Allah
These are ZINA (adultery), QADHF (accusing someone of ZINA), becoming Drunk
And last 2 are the Brutal-Robbery (includes active revolt against Islam) and Theft
In HUDUD, doubts change it to TA'ZIR; first 2 do need 4 virtuous witnesses for it
Witnesses to first shall have most virtuous character who fulfill conditions for it
ZINA only occurs if the sin/crime is done the normal way & seen by all witnesses
All witnesses must have seen the act most clearly without any doubt about that
These witnesses must have good eye-sight; they must have an angelic character
If a person accepts ZINA 4 times on his self, his acceptance is valid in view of law
In Previous, confession shall occur 4 times in separate sittings in front of QADHI
Verdict to ZINA by MUHSAN is taken as RAJM (stoning to death), if that's proved
MUHSAN is married person who is Muslim, adult, sane, free and validly married
He must have had the privacy with his wife; & unmarried person gets 100 lashes
HADITH mentions RAJM but it needs detail; please see - "The Islamic Guidelines"
If witnesses back-out or the person denies confession at execution, it's called off
Other than MUHSAN is given 100 whips as punishment to ZINA by ordinary whip
It is provided by balanced hits at different places at the back with SATAR covered
SATAR for man is from belly to knees; he is not hit on head, face & SATAR in front
SATAR for woman is whole physique; she'd be punished sitting, at closed quarter
Punishment of man is to be witnessed by some men; of woman by some women
Its execution would be by a man for the male; by a woman for the female strictly
In Previous, though not wrong if female is hit by male, yet its avoidance is better
Person who had confessed to ZINA may reverse statement even at his execution
In Previous, his reversal would be accepted & the execution would be called-off
If one of witnesses from the 4 takes his statement back, all 4 would face QADHF
If Previous is at RAJM in front of QADHI, his verdict is called-off instantly in that
If one of such witnesses backs-out after its execution then he only faces QADHF
He'd pay fourth of DIYAT; in verdict of whips too, one backing-out has to face it
If witnesses are lesser than 4 or turn so by backing-out at RAJM, all face QADHF
QADHI wouldn't give more punishment than specific to HADD as it is disallowed
Execution of verdict for HADD is postponed, for invalid man & pregnant woman
Time-Factor has importance at charge of ZINA; it would be within a few months
ZINA occurs only if that crime is done the normal way and seen by all witnesses
Doubt asks to change it to TA'ZIR; doubts may occur due to misunderstandings
It may even occur as someone does it taking it as his right & it actually is not so
Misunderstanding may occur by error to realize situation; it leads to the wrong
It's probable too he takes erroneous ruling on an issue & does this wrong thing
In Previous, HADD doesn't come on him but TA'ZIR; it still remains highly sinful
Drinking KHAMR or losing senses by another drink leading to it, asks for HADD
Being drunk by taking NABIDH (dates-water becoming viscous) asks for HADD
Wines made by grapes (KHAMR) to lose senses ask for HADD even if taken little
Others known as wines (SAKAR) ask HADD when they lead to the drunken state
HADD doesn't occur just by its smell from the mouth or by seeing it in the vomit
If he confesses to Wines (KHAMR; SAKAR) & takes it back, HADD is off from him
If a man confesses to drinking, but he has no smell at mouth, confession is void
HF asks for 80 lashes as its punishment; SHAFA'I asks for 40; that seems better
HF tells that one time confession of man for drinking of wines is sufficient for it
Previous seems to need scrutiny; it is not in accordance to number of witnesses
QADHF means to throw; in HUDUD, it is to accuse someone of ZINA at the court
If he’s unable to prove his accusation, punishment is 80 lashes but with leniency
Accused person must be adult, sane, Muslim, free, clear from blame of adultery
No-one shall be called a son by adultery; speech needs caution in Islamic set-up
Affected person may file QADHF against such accuser even if his mother is dead
If deceased is accused, person affected adversely at heir-ship may claim QADHF
Even if the person affected negatively is not Muslim, he has the right for QADHF
If accusation of adultery entered at court, is taken-back, such reversal is invalid
Words which are not clearly abusive of adultery do not lead to HADD of QADHF
If a person is blamed due to making sex-relation to wife whom he gave BAAYEN
In Previous, the blaming person would not face any charge of HADD, of QADHF
If woman is abused who had made LI'AN as husband denied child born to them
In Previous, it's highly wrong yet HADD of QADHF to such abusive person is off
If someone abuses to something other than adultery, that would ask for TA'ZIR
If an act is HARAAM; it is taken abusive by 'URF; & done by the will to disrepute
So these jointly lead to TA'ZIR; so calling a man an ass in speech, is out of TA'ZIR
TA'ZIR may ask for lashes (up-to 39), imprisonment & monetary fines to person
HF rarely asks monetary fines; & verdict to prison seems good to 8 months only
Flogging is better in anything of shameful nature; justice needs to implement it
QUDURI says if he dies by lashes he’s given, it asks no claim; this needs scrutiny
SARAQA (theft) & QAT-UT-TARIQ (Highway Robbery), also are 2 issues in HADD
Former is named as SARAQA-SUGHRA (lesser theft); latter KUBRA (higher theft)
Conditions to theft are it occurs on 10 DARAHIM (least) taken from a safe place
Ten DARAHIM is MP of 2.75 TOLA silver; for now, it's better as ZAKAAT's NISAB
Homes of Relatives & places accessible to person, aren't protected sites for him
QUDURI tells if a person confesses once, it is sufficient proof; this asks scrutiny
Witnesses needed are 2 in SARAQA; he shall confess to it, at 2 different sittings
Petty things anyone takes for personal usage, are excluded, as fish from waters
Edibles like milk, fruits, meat do not put charge of SARAQA; they are necessities
Things sacred don't ask for HADD of theft; the thief may get some spiritual gain
Things to avoid are out, giving him the benefit that he took them to dispose-off
Kidnapping of child isn’t included in theft yet it's better to put at QAT-UT-TARIQ
In Previous, if the child has gold or silver on it, it is not SARAQA as addition to it
Books & Registers having knowledge & useful information are excluded from it
QUDURI includes Accounts-Registers of businesses; their exclusion too is better
SARAQA of dogs & music-instruments don’t ask HADD, due to benefit of doubt
Leopards are also excluded from SARAQA (perhaps they also were tamed then)
Precious wood in someone's custody asks HADD if stolen from protected place
If a common item that is turned to something precious, is stolen, it asks HADD
Thugs, Deceivers, Snatchers, Ruffians, aren't thieves by ruling & ask for TA’ZIR
Taking things from Government treasury or where his access is valid somehow
In Previous, he is wrong-doer yet no thief by ruling; HADD is not implemented
Protection poses in two manners; protection by placement and by care-taking
Anything kept at home is protected & the latter applies if it is in care anywhere
If a site is accessible commonly, it isn't protected, & HADD doesn't apply there
QUDURI tells, if a thief gives stolen items to one out by a hole (window, shaft)
Technically, both evade HADD; thief inside didn't take it out; other didn't steal
Previous is technical and form of theft; so even in such, justice would prevail
QUDURI tells if he steals just by inserting hand, inside some hole that he finds
This issue doesn’t ask HADD but TA'ZIR as it isn't theft; this matter has validity
Stealing away valuable goods on an animal (or vehicle) puts HADD on its doer
If there are more than one at stealing goods, all would certainly face SARAQA
If someone picks huge amount from sleeves/pockets, he would face SARAQA
If someone steals amounts from some chests by hole, he would face SARAQA
HF asks to cut right hand for theft so he'd get care to its healing instantly then
HF tells If he steals 2nd time, his left leg is cut; & for the 3rd, he is imprisoned
In Previous at first, better seems to cut his right-hand fingers (not the thumb)
Second time, it still is an HADD that asks for total right hand to be amputated
Third time, it'd be TA'ZIR; it's better to study "The Islamic Guidelines", for this
Owner to stolen items, must file case himself & must be present at execution
One from whose custody, items are stolen must also be present at execution
If owner gives stolen item or sells to thieves after verdict, verdict is void then
Previous implies that his hand is spared as the deal applies, prior to execution
If same item is stolen again by same thief, it doesn't ask for HADD to him now
If thief has used the stolen item, he is not liable to pay any ZAMAN for its use
If he has the same with him, he would return the same to owner the way it is
If the thief proves what he stole is substantially his own too, HADD to it ends
QAT-UT-TARIQ is Brutal Robbery where help against it is futile, or impossible
Highway-Robbery is included in it, & shows their conviction to Might is Right
Mutiny against the Islamic-Administration, is also included in QAT-UT-TARIQ
Kidnapping of any person at Islamic place, needs including in it to give justice
If they are caught while they have murdered anyone committing the robbery
They'd face robbery & murder, & maybe killed in HADD; asking QISAS is void
If they loot & each one receives up-to NISAB of theft; it is the QAT-UT-TARIQ
They'd get one of 4 punishments which are mentioned in Surah-MAE'DAH-33
Killed without mercy, or crucified, or hand & leg cut (opposite side), or Exiled
If crucified, they'd remain hanging 3 days, so that people note consequences
If robbers had a child or a lunatic in them then HADD is relaxed from them all
If they had someone who is relative to robbed person, charge for it is relaxed
Robbery in Previous is off, yet at charge of murder, QISAS & DIYAT shall occur
If a robber kills someone at robbery, all robbers will face charge of his murder
Islamic criminal law is practicable even now that needs commitment to apply
The matrimonial Issues & the criminal law at MUKHTASAR-QUDURI end here
Islamic criminal law is the only code of law that removes evil; Al-Hamdu Lillah
Al-ASHRIBA - SAID - UDH-HIYYA
AL-ASHRIBA is the plural of SHARAB and it means all of liquids that are taken-in
This section presents rulings for four of AL-ASHRIBA which are most prohibited
KHAMR (Grapes-Juice) that affects tongue acutely; it is boiled, viscous & frothy
ASEER (Grapes-extract) boiled such that it dries & remains lesser than two-third
NAQI-UT-TAMR (SAKAR); it's viscous date-extract boiled to affect tongue acutely
NAQII-UZ-ZABIB (Resin's extract) is boiled & is frothy to extent that it intoxicates
Previously mentioned four are HARAAM to take-in and the first-one is mainly so
First is prepared by keeping juice of grapes for a long time & sometimes buried
QUDURI tells except first, others are HARAAM only if they lead to drunkenness
NABIDH (water with sweetness) by Dates or Resin is fine even when boiled little
SAKAR means the intoxicating drink & TILA is intoxicating concentrate of Grapes
NABIDH prepared by honey or fig is fine to use, & also by wheat & barley is fine
Grapes-TILA if boiled more than two-third, changes it so as to make it fine to use
Drinking something taken as wine by ‘URF & losing sense by that asks for HADD
If wine is made or turns vinegar, it's fine; (SHAFA'I) invalidates it if made by will
Now, best is that little of refined wines by Grapes, Dates & Resins, are HARAAM
So it's better to term these 3 as KHAMR; little of them lead to HADD, if taken-in
Others would ask for HADD only if they do intoxicate the drinker taking them in
Now as wines are specified, all strictly have to be avoided; law must see to that
If utensils used for wines are washed & no other are at hand, they may be used
SAID means hunting; here QUDURI presents hunting by trained animals, as dog
Leopard & Falcon (Kite) may be trained for hunting; their attitude denotes that
Animals trained do not run-away with the catch, while the bird responds to call
If it dies at attack by animal/bird left on it by name of Allah, it still is valid to eat
Slaughter of edible animal is by two ways; first is by sharp knife by Allah's name
Other is where trained animal or bird is set to hunt an animal & it acts like knife
if Allah's name is not taken at leaving of Previous on an animal, it'd be HARAAM
The hunted animal is HARAAM, if its blood does not flow-out & it is found dead
If animal eats from it; it's HARAAM to eat; if hunter-bird eats it, it may be eaten
If the practicing Muslim hunter forgets saying Allah's name, eating it is still valid
If the catch is found with life, it must be slaughtered first way to validate it's use
If an animal chokes to death and its blood does not flow out, it's not valid to eat
If an untrained animal accompanies the trained one; the hunted is invalid to eat
If arrow pierces hunted animal by Allah's name & its blood flows, its use is valid
If arrow hits it without piercing it, it has to be slaughtered the first way to eat it
So, in Previous, if it falls dead by the arrow hitting it, it's invalid to eat it or use it
If hunted ran-away but found early without any mark but of the arrow, it's valid
If it was hit & fell in water, it's invalid to eat as its death maybe due to drowning
If an animal is hit & fell down then fell again from there & died, it's invalid to eat
If an arrow hit it by its width, it is invalid to eat, unless slaughtered the first way
If an animal is hit by stone hard & it dies, it's invalid to eat even if its blood flows
Previous seems well in bullets too; it is invalid unless slaughtered prior to death
If arrow kills an animal & cuts off a part, that is invalid but the rest is valid to eat
QUDURI tells allowed & disallowed if it's cut more than a part & dies by its effect
In Previous, if it kills it cutting-off major part, better seems now that it's left fully
If hunter doesn't believe that Allah is the only true Lord, his hunt is invalid to eat
If a Muslim hits an animal & it doesn't affect it but another among Muslim kills it
So the animal mentioned falls due to hit of the 2nd but it is to be taken as of both
If the shot of a person affects it, so that it's easy to catch, but still another kills it
In Previous, it's for the first one & it'd be HARAAM on both; 2nd will pay ZAMAN
An animal inedible yet usable in medicine (except the swine), is well to hunt for it
As of now, animals slaughtered by good Muslims only in valid way are fine to eat
If someone is in EHRAAM (travelling by intention of HAJJ), his hunting is not valid
For slaughter of animal, sharp knife must cut b/w neck & upper part of the chest
Slaughter needs cutting of 4 of pipes; HULQUM (trachea), MARI'UN (Esophagus)
Last 2 of these are near to previous 2, and are termed WADAJAN (blood vessels)
With any 3 of these 4 cut, the slaughter is done & the animal is valid to eat & use
Slaughter needs that blood flows-out by a sharp knife or by its worthy substitute
It's despicable to cut the whole of head, but not despicable to eat such an animal
If animal is cut from back of neck & required site is cut before its death, it is valid
In Previous if it dies before cutting of the needed site, it becomes HARAAM to eat
For tamed animal, the only manner by which its slaughter is valid, is the first way
If the tamed animal gets wild, it's well to slaughter it by an arrow i.e. the 2nd way
It is better to slaughter a camel letting it stand (NAHAR), striking by a sharp knife
But it's better to slaughter other animals by laying them down with a sharp knife
If after the slaughter its cub or lamb is found dead, that is HARAAM to eat or use
Animals having hunting teeth and birds having hunting claws, are not valid to eat
Previous tells that hunting animals and birds feeding on meat are not valid to eat
Birds/animals eating grass are valid to eat; but those that eat of dead are invalid
Eating of huge lizard (that lives on less water mostly at deserts); is invalid to eat
It's better not to eat horse, though reluctantly allowed by HF & rabbit is allowed
Skin of the swine is not allowed to use due to filth; human-skin is disallowed too
The mankind has sanctity never to be violated; filth may be used at utmost need
Domestic asses/mules are disallowed to eat; some allow the wild asses by FIQH
From waters, only fish is allowed to eat but it's not edible if it flows upon it dead
Locusts are fine to eat without slaughter as are fish; these often attack the crops
UDH-HIYYA is the animal that is sacrificed, on EID at the 10th day of ZIL-HAJJAH
It is due on free Muslim not travelling & has NISAB of ZAKAAT after his necessity
Previous implies that all liable to pay the FITHRAH are liable to make sacrifice too
He'd sacrifice goat/sheep for his own self; & he may sacrifice for young children
It's allowed that he sacrifices a cow/bull/camel that would have 7 shares in that
Each must give his full amount of shares; any lesser makes it void for all of seven
Time for sacrifice starts from FAJR at 10th of ZIL-HAJJ; this needs an elaboration
Sacrifice of animal would be after FAJR-SALAAT but villagers may do that at FAJR
If it is read at many places, one giving sacrifice there, must read EID-SALAAT first
There're 3 days for due sacrifice starting from FAJR of 10th to MAGHRIB of 12th
Nights are included here & if provision of lights is well for it; it's fine at nights too
Sacrificial animal must not be blind, one-eyed or lame unable to walk even a little
Totally thin & weak are invalid too; and that having ear or tail damaged or absent
These animals mentioned are invalid to sacrifice; but itchy or mad animal is valid
Even if it's lacks horns (or damaged from above) or castrated; it's fine to sacrifice
Camel, Cow/Bull, Goat/Sheep all are well to sacrifice; camels would be of 5 years
Cow/Bull needs to be of 2 years at-least; Goat/Sheep needs to be of year at-least
If a sheep is only of 6 months or so yet it looks as if of a year, it's well to sacrifice
The person may eat of animal himself or/& he may provide it to both rich & poor
It is better to provide at least its third to poor; these are days asking for sacrifice
The animal's skin has to be given in SADAQAH (charity) to the rightful institution
In Previous, it's improper to give the skin to slaughterer, as wages to his service
It is better that he slaughters his animal by himself, if he's able to manage it well
if someone slaughters other's animal by mistake; sacrifice for other is done well
AIMAAN - DAA'WA – SHAHADAAT
AIMAAN are oaths taken; it has 3 kinds; GHAMOOS (it's taken on fib knowingly)
Second of these is MUN'AQIDA (oath taken for future to do or not to do a thing)
Third of these is LAGHW (oath taken on issue as he understands it but it isn't so)
If after GHAMOOS he repents, he will ask Allah for mercy; there's no KAFFARAH
MUN'AQIDA needs fulfillment; if he breaks it, it needs KAFFARAH on it from him
LAGHW is unintentional; as it's an error in perception, hopefully Allah forgives it
If he breaks MUN'AQIDA by will, by mistake, due to force, all are same in ruling
By mistake includes forgetfulness if he intended to refrain from something by it
Allah takes oath of anything He intends but the man shall take oath by Him only
Taking oath by Him maybe by His name or any of His attributes; then it is lawful
QUDURI tells about His attributes which are improper to mention in taking oath
Oaths by such of His attributes which tell His anger or displeasure are improper
Oaths by taking the name of Prophet Muhammad PBUH or by KA'BAH, are void
Previous is so as such oaths are not taken by name of Allah, or by His attributes
QUDURI mentions that oath by the Quran is void; but it's Allah's speech & valid
HF allows any such oath that takes place by mention of the Quran or it's upon it
Al-Hamdu Lillah; praise is for Allah, Who is the only Creator & the only true Lord
MUN'AQIDA occurs by intention by name of Allah, even if preposition is ignored
It's taking oath by Allah's name to perform an act if something favorable occurs
Previous is termed as NADHR that he has to fulfill and it is to say thanks to Allah
If a person takes an oath to leave Islam if a thing doesn't occur, he's most sinful
Whether the event occurs or not, he'd not be out of Islam, but he's highly sinful
If he takes an oath by Allah's anger if he does an act, it's void & he is most sinful
If he breaks MUN'AQIDA, KAFFARAH on it is freeing of slave, or clothe 10 needy
Cloth in Previous shall be such that it's valid for needy if he wears at his SALAAT
It's valid too as KAFFARAH to feed 10 needy for 2 times, as we studied in ZIHAR
There it was for 6 days to feed 60 needy persons; but here, it's only for one day
If he is unable to do any of Previous then he would fast for 3 days continuously
If someone intends to pay KAFFARAH before he breaks his oath, it is unfeasible
If someone takes oath on any sinful act, he must break it and pay its KAFFARAH
If a non-Muslim takes an oath & becomes Muslim, he would not pay KAFFARAH
If he makes a thing as HARAAM upon him which is not so, he's sinful by such act
He must use it as he intends; he must pay KAFFARAH avoiding the sinful speech
If he takes all as HARAAM on him, it is foods de-facto save when he clarifies "all"
NADHR asks only for such virtuous acts to do, that show utmost thanks to Allah
Whatever it asks, that must be obligatory on Muslims at-least once in whole life
Taking on self to read SALAAT or keep SIYAM on fulfillment of the needed is fine
Even to read DURUD for 1000 times at fulfillment of the needed work is fine too
It is asking of Allah's blessing for the last Prophet Muhammad PBUH; it is WAJIB
If he says he would do good deed without mention of anything, he shall do that
NADHR may denote some event that he wills or event he may not want to occur
It’s necessary to do the good deed at fulfillment of NADHR that he had specified
If NADHR is on something he needs avoidance to, he has two options about that
In Previous, he may work for its avoidance or give KAFFARAH to it as his options
He may take oath not to eat something, & intends monetary fines if he eats that
Then if he eats that, it's valid for him not to pay fines but to pay KAFFARAH now
QUDURI states few rulings ahead by 'URF; it counts on this issue even currently
If oath is not to enter any house, it'd not break by entering KA'BAH or a mosque
If oath is not to speak for so-&-so time, it'd not break by reading of Holy Quran
If oath is not to wear dress he's wearing, it'd not break if he changes it instantly
If oath is not to ride animal/car he is inside, it is intact if he gets-off immediately
If oath is not to enter house he's in, it wouldn't break unless he departs from it
And then he enters it at later date; so 'URF has much high say in all these issues
If oath is not to enter any house, it would not break if he enters a ruined house
If oath is not to enter the house he points-out, it'd break if he enters that house
If that house turns to ruins, his oath would still break if he enters its ruins there
In Previous if it is changed into public place, it would not break, if he enters that
If oath is not to enter specific room, it'd not break on his entry to it, after it falls
If a female takes an oath not to speak to X's wife & she's divorced by X after this
Then if she speaks to her after her divorce from X, her oath does not break by it
Likewise, if oath indicates the place a person owns, that's confined to ownership
In Previous, if oath is not to enter X's place & he sells it, it doesn't break by entry
if the oath asks avoidance to talk to someone giving his known identity, it's valid
Previous tells that if his oath is that he'd not talk to "the young rascal" (by 'URF)
Oath holds-on even if "the young rascal" gets old; it breaks by talking even then
If someone takes oath not to eat specific lamb, oath holds-on as it turns a sheep
If oath is not to eat of unripe dates, it'd not break, if he eats from the ripe dates
If oath is not to eat meat then if he eats fish (or even chicken) it'd not break by it
Previous is due to 'URF; unripe & ripe are different; fish isn't mentioned as meat
If oath is not to eat specific wheat-grains then if he eats its bread, it'd not break
In Previous, his oath breaks if he takes them roasted/boiled as it keeps its shape
If someone takes oath not to speak to someone, but speaks to him when asleep
In Previous, there are 2 rulings; to QUDURI, it breaks; to most others, it doesn't
Former seems better because he commits act of speaking to him, even if asleep
If oath is not to talk to person save by his consent then talks without it, it breaks
In Previous, it'd break even if he received his consent but he is yet unaware of it
If AMIR (governor) of area asks a man to inform him of any rogue entering there
The man's oath to this service relates only to his administration & not afterwards
If oath is not to enter someone's house & he comes to its roof by roof, it'd break
In Previous, his oath doesn't break if he stands at the door in front but not inside
If oath is not to eat a roasted thing, it refers only to meat as that often is roasted
If oath is not to eat a part like organ-meat, it's on 'URF so if he eats deer, it's fine
If oath is not to eat bread, other than bread at his area is fine to eat, due to 'URF
If oath is not to make transaction, it'd not break if he appoints some WAKIL to it
If oath is not to marry specific lady, it'd break if he marries her even if by WAKIL
If someone says at oath "by the will of Allah" in ongoing speech, it doesn't occur
QUDURI tells 2 or 3 more ways where oath doesn't break even if words indicate
If oath is not to speak to someone for some period, 'URF takes it total 6 months
If oath is not to speak to him for a little time, it's on "URF & mostly it's for 3 days
It's wrong to cease talks for more than 3 days but permitted, if he is most sinful
If someone takes oath not to do a thing, it'd naturally be taken for his whole life
If someone takes oath to do some deed, he does fulfill it as he does it once only
If he takes oath about his wife she wouldn't leave home, save by his permission
In Previous, she would take his permission each time she leaves, or oath breaks
If he takes oath not to eat breakfast, he must not eat anything, till past the noon
Likewise if it's for lunch/dinner, he has to refrain from eating, till midnight ahead
If oath is that he would not eat gravy, he'd avoid liquids in which bread is soaked
If oath is taken to pay debts in the near future, it means within a month de-facto
If oath is taken to impossible tasks as turning of stones to gold or talking to dead
Previous oaths are invalid & If he meant it, he would pay KAFFARAH to such oath
DARAHIM impure in silver are DHUYUF; & these also were medium for exchange
Previous DARAHIM were not accepted by BAITUL-MAAL, or big businesses then
If a man takes oath to pay debts within a day and pays such DARAHIM as noted
By paying of DHUYUF, his oath is fulfilled as he has paid by medium of exchange
If someone takes oath he'd receive his debt only in whole or only by installments
If he takes in installments (former) or whole (latter), it breaks as he gets custody
If oath is to visit a place & his death comes-up, it breaks only at the last moment
He has to pay KAFFARAH for it now; he's not liable to pay before his oath breaks
Major point is that in oaths, intention inside, & 'URF outside does matter highly
In study of DAA'WA at QUDURI, it's more required to realize the era it relates to
Now, we do have documentation for ownership yet law-clauses that bar justice
At those times there was no documentation yet worthy QADHI managed affairs
QADHI were accessible; now we have unworthy officials and undue procedures
Seems that with all hard work of the day, that period was much better in justice
It'd highly benefit insha-Allah to read "The Islamic Guidelines" (to environment)
DAA'WA is to claim the ownership of something in other's custody for own-self
The claimant to ownership is MUDDA'I; & on whom claimed, MUDDA'A-ALAIHE
That disputed thing is termed MUDDA'A & claimant may leave right of his claim
MUDDA'A-ALAIHE has to face if something in his possession is claimed by other
The MUDDA'A in dispute must be totally clear by quality & quantity at the court
Claim may relate to DAYN (debt) or to AIN (tangible item) at someone's custody
Suppose the claim is to specific car (AIN), it'd be brought & detail would be given
MUDDA'A-ALAIHE has to bring that particular car to the court for QADHI to view
If that is not possible, QADHI would go to see it at site or send his assistant for it
If some property is in dispute, the detail to location is given, but its view is better
MUDDA'I shall make his claim at the court & the defendant needs to come there
If X claims for 10000 DIRHAM upon Y and Y accepts his claim, the case is settled
Court would finalize time-frame of payment by Y to X & there is no further issue
In case Y rejects his claim, X has to bring two good witnesses, for his claim on Y
If QADHI accepts witnesses & their word, he'd settle it in his favor immediately
It's notable that QADHI settles the case unless Y challenges witnesses, instantly
If there are no witnesses (or unacceptable to QADHI), Y shall take an oath on it
X would certainly ask QADHI to demand oath from Y on the validity of Y's word
Also, in case that witnesses are not readily available, he shall ask Y to take oath
If Y takes an oath without hesitation, he would give his verdict for him, instantly
It's notable that as Muslims, all at court shall have good thoughts for each other
TAMLIK (possession) occurs by transaction of MABI', or when it is a gift (HIBA)
It may occur by inheritance too & witnesses of X for TAMLIK, give him strength
SAHIBUL-YADD (who has custody of AIN), does not need to give any witnesses
Yet if SAHIBUL-YADD has reason of custody, his case becomes stronger by oath
QADHI sees cause of each to respective TAMLIK, with other consideration in it
He'd give particular attention to witnesses of claimant & oath of the defendant
If MUDDA'A-ALAIHE (defendant) does not take oath, he shall ask for it 3 times
If MUDDA'A-ALAIHE doesn't comply, he shall decide for the claimant promptly
If a woman denies the claim of a man that she's his wife, he needs 2 witnesses
If he is unable to do so, she is not asked to take oath; so he would lose the case
This even is valid in reverse; if a woman claims on a man that he's her husband
She either gives valid witnesses to it or either loses it; he isn't liable to take oath
Note that there are such claims for which even making of case needs witnesses
If the husband claims that he made RAJ'AT to his wife, when she was in IDDAT
And where he/she claims for AIN of someone as stolen/snatched from him/her
And where a man accuses someone of adultery (that is he's claimant in QADHF)
And where a woman claims that husband has called her adulteress & asks LI'AN
These four claims ask claimants for witnesses to make valid case for their claims
The notable thing is that the persons who are claimed upon, shall not give oaths
In DAA'WA, claimants might all be SAHIBUL-YADD or one of them might be that
It is possible that none of them is SAHIBUL-YADD; yet all claim for specific thing
If X says he bought it; Y says he got it by inheritance; Z says it was HIBA for him
Preference in previous is to X; transaction makes the claim strong; HIBA is weak
Dispute may present claimants with the same reason, as all may claim buying it
Few may give some detail to claim by time & place for custody; others may not
Claim with better detail has preference; & with dates given, first has preference
If two have claim on an AIN in custody of 3rd; better witnesses have preference
If witnesses are good at both sides, indicating that they both have its ownership
It makes the claims of both as acceptable & each of them gets half of ownership
If one finds the verdict unacceptable, he may leave his share in favor of the other
He may sell his share by MP to other or buy other's share at MP if he agrees to it
SAHIBUL-YADD isn't consulted here as BAYYENAH (witnesses) is given for claims
If 2 men dispute on a woman known as unmarried, each claiming she's his wife
Their valid witnesses give the woman an option, to accept one of the claimants
As previous case is unique, she will have to accept one of claimants as husband
If 2 men dispute on AIN as one claims its purchase & other HIBA from the same
If witnesses are good at both sides, former would have preference for his claim
But if one claims its purchase & other HIBA by another, it’ll have no preference
If man claims purchase from X of AIN, & X's wife claims it as MEHR by witnesses
Both get half ownership if respective claims do have witnesses & no preference
If two persons claim for AIN; one claims it is RAHAN to him & other claims HIBA
Both have good witnesses for custody; preference at the Previous is for RAHAN
If 2 men claim for AIN, bought by different men on different dates by witnesses
Neither of two in Previous gets preference; other issues are seen in fine verdict
If 2 men dispute on AIN; one of them SAHEBUL-YADD; he has a preference in it
SAHEBUL-YADD gets high preference, if his date for custody falls before other's
If two men dispute on production of cloth; one outsider & other SAHIBUL-YADD
Latter at such dispute is preferable if both have given valid witnesses on stance
In Issues occurring once & there are witnesses to it, SAHIBUL-YADD is preferred
If 2 claimants claim for AIN in custody of one of them, & each claims ownership
And each argues that he has bought the claimed AIN from other, case is invalid
Previous tells custody is to remain untouched as each accepts other's right to it
In DAA'WA witnesses need to be 2; it’s no issue if one presents more witnesses
Quality of witnesses with sound reasons matters; claimant with 2 only may win
If claimant has witness but didn't appear, court shall allow small period for that
If claimant didn't bring witnesses in 3 days at court, defendant takes oath there
Court shall decide all of cases at earliest; read "The Islamic Guidelines" too on it
Defendant will give guarantee he'd not run-away, and Claimant will keep check
Nobody shall be defendant on claim for AIN he doesn’t own, in other's custody
If the claim is that AIN is stolen from him & defense responds that it is AMANAT
Previous shall proceed-on unless theft is disproved, beyond doubts whatsoever
If someone claims on AIN with X that he bought it by Y; X tells it as Y's AMANAT
The case settles as both agree on ownership of Y, & there is no dispute to settle
Claimant has to provide witnesses & Defendant has to provide oath, in disputes
Witnesses denote that the claim is positive; oaths contest against it, to reject it
Oath shall only relate to Allah's name or His attributes; oath upon Quran is fine
The Holy Quran is the speech of Allah so among His attributes; Al-Hamdu Lillah
QADHI shall not ask an oath from defendant which curses him in some manner
If defendant is Christian, he'd take oath "by Allah Who gave INJIL to Jesus-A.S."
If defendant is Jew, he shall take oath "by Allah who gave Torah to Moses A.S."
QADHI shall not visit sites that are taken sacred by Christians or Jews, for oaths
He'd take their oaths at court; his status demands to refrain from all such places
QADHI shall not ask oath to Muslims at sacred places (or times) to strengthen it
Previous means to take oath at the Mosque or at Fridays; this is most unfeasible
QADHI wouldn't ask oath by words that defendant has not sold AIN to claimant
He'd ask oath by words that there is no BAYE' at this time b/w him and claimant
Reason to Previous is that defendant may have sold it to him, yet it had reversal
Ruling tells that there are 2 aspects to issues; reason of claim or result it leads to
The defendant rejects the claim by oath which makes him safe from its outcome
For instance, if a female claimant claims about some man that he is her husband
In Previous, he doesn't take oath against reasons of claim; it is to avoid its result
In such case, he'd take oath to avoid result stating she is not his wife at present
In case of TALAQ if female claimant says that her husband has given that to her
Though oath rejects claimant, yet he shall not state he hasn't given her divorce
His oath is that by Allah's name, she certainly is his wife, at this moment of time
If one claims half of an empty house & other whole of that; both give witnesses
In such, the house is divided into 3 parts, former gets one of it & latter gets two
If in Previous, both are residents there, claimant to whole of it, is more rightful
If dispute is on an animal; both mention its day of birth by valid witnesses on it
Birth day clearly matching animal's shape has worth; if uncertain, both share it
If 2 sides dispute without witnesses; both claim the AIN; both have its custody
If outsider claims about the KAMEEZ that someone is wearing, the claim is void
Outsider may ask oath by wearer at court; at this, the defendant has to comply
If dispute is at price of AIN (seller says 200 & buyer 100); both have witnesses
Seller is more rightful as he is more aware of it and more value asks preference
If dispute is on AIN (seller says one book & buyer says 2); buyer is rightful to it
If no one of them has witnesses (whether dispute is on price or AIN's quantity)
Seller has to leave his claim to additional price; buyer has to leave it to quantity
If no-one agrees, both have to take oaths; each taking oath to reject the other
Witnesses are provided as positive to claim; oaths are taken to avoid outcome
After both take their oaths, QADHI would pronounce FASKH to the transaction
If dispute occurs on timing of paying debt, MUNKIR (rejecter) takes oath for it
If buyer claims giving 300 of debts & seller rejects but 200; latter takes an oath
If AIN is lost at buyer's hand prior to its payment then he rejects seller on price
In Previous, if seller gives witnesses he'd get the verdict; else buyer takes oath
If buyer loses one of 2 things that he bought & he disputes about price to give
Seller will take price of one that is still with buyer, as he has no claim to other
If a man claims MEHR as 1000 & his wife takes it as 2000, both with witnesses
It is the wife who is more liable to get the favorable verdict; she has right to it
If without witnesses both take oath, then MEHR-MITHL settles issue for them
If MITHL equals or is lesser than 1000, she would get 1000, with NIKAH intact
If more than 2000 then she'd be paid 2000 & it'd be same if b/w 1000 & 2000
If dispute is in IJARAH & MUSTAJIR hasn't yet availed benefits; oaths are taken
As oaths are taken by both of sides, IJARA is FASKH; ruling differs by situations
If in Previous MUSTAJIR has availed benefits, his word prevails without an oath
Owner may claim MUSTAJIR for losses; he needs two witnesses being claimant
If man & wife dispute on ownership of household things & both lack witnesses
Best is that whatever is useful for her, is in her ownership; & the rest is for him
Spouse that survives the other, gets petty house-things unchallenged de-facto
SHAHADAAT is to inform of the right that is for someone on some other person
It's plural of SHAHADAT & means to witness for someone's right on some other
If someone tells his own right upon someone, it is DAA'WA that we just studied
If he tells other's right upon him, it's termed as IQRAR & we've studied that too
If the claimant asks someone to witness for him, it's necessary that he complies
In ZINA & QADHF, it's better not to provide it, if there's an hope for repentance
In Previous, it'd be necessary if he is asked for it; he has no option but to give it
As witness in other HUDUD, it's better to take choice-words caring for accused
Witnesses are at different levels; crimes need 4 male witnesses (ZINA; QADHF)
Then are crimes that need 2 male witnesses (other of HUDUD; QISAS & DIYAT)
Then are issues where a man & 2 women suffice (business-deals; matrimonial)
Where witnesses are only women (as in child-birth), there one woman suffices
The witness must be adult, sane, Muslim, free-person, able to give SHAHADAT
Witnesses shall have validity, in issues they are called-for, being QAVI & AMIN
QAVI means eligible to the asking of task & AMIN means honest & committed
QADHI must give due weight to SHAHADAAT of such eligible & honest persons
Witnesses shall provide witness in clear words, to become relevant SHAHADAT
QADHI shall investigate the eligibility & honesty of witnesses whenever needed
Investigation (TAZKIYA) maybe obvious or secret among those who know them
Muslims generally are AADIL (eligible; honest); so it is not needed for each one
HUDUD do need TAZKIYA necessarily, so there they shall surely be investigated
Witnesses give testimony by 2 ways; where obvious & where specifically asked
In obvious issues, as dealing which takes place b/w seller and buyer, at market
If Previous has disputes, AADIL persons, that happen to be at spot, may testify
In other words, witness maybe asked to testify specifically at court by claimant
In Previous, it's possible that witness is unable to provide SHAHADAT, at court
Such witness may appoint 2 AADIL persons as witnesses to his testimony there
These two men only are eligible, as representatives to give his witness to court
Previous named SHAHADAT-ALAS-SHAHADAT, is example of specifically asked
In general, it's feasible to give testimony to facts, as seen or heard by own-self
SHAHADAT-ALAS-SHAHADAT is feasible with no chance of presence at hearing
To inform of a QADHI's verdict as SHAHADAT to another of QADHI has validity
On forgetting an incident, even if written at paper, it's invalid to testify about it
Previous tells the status of documentation too; they’re only secondary in cases
All cases need AADIL witnesses by Islamic aspect of justice, being primary in it
Blind person is not eligible to testify & the punished in HUDUD too, is ineligible
It's part of punishment in HUDUD that their witness becomes ineligible at court
No-one is eligible to witness for his father/grandfather or his offspring at court
Spouses shall not be witnesses to each other; HF validates it if it is unfavorable
It seems better that testimony in such relations, for or against, remains invalid
Testimony of uncles or/and aunts, for or against, do not have such restrictions
Witness in favor of business partner is void about business as it is for own-self
Few witnesses are ineligible for testimony at court that QUDURI mentions here
Such male witnesses who show feminism; & women crying on dead as their job
Singers by profession, gamblers on birds whereas it is very wrong to cage birds
Entertainers by fibs, such Wine-Drinkers that may lead them any time to HADD
Those entering swimming pools, ignoring care for SATAR; with care, bath is fine
Witness of the mentioned is void at courts; they are not counted among AADIL
Men's SATAR is belly to knees; & women are disallowed to bathe at HAMMAM
HAMMAM was site then, which men visited for bath; now, pools are like those
The SATAR for the woman is all her physique except for the face, hands & feet
At Islamic country, HEJAB equals her SATAR; at others, it includes her face too
Others with no value at court, are persons involved in deals of RIBA (interest)
And highly obsessed with any of indoor games wasting time, ignoring SALAAT
QUDURI mentions chess & ancient type of LUDO; obsession is bad, not games
SHAFA'I doesn't take playing chess as reason to end status of AADIL for a man
Ineligible are those too who urinate at pathways or abuse the virtuous people
So dealers in RIBA, time-wasters & abusers of honest persons; all are ineligible
But followers of vague ideas in issues (BID'ATI), may be accepted as exception
Previous excludes those who take falsehood at court as with no consequence
SHAHADAT of ZIMMI (non-Muslims living with Muslims) is valid b/w their own
Muslims may give SHAHADAT against Muslim, ZIMMI and non-Muslim refugee
ZIMMI may provide his witness against other ZIMMI; and non-Muslim refugee
Non-Muslim refugee at asylum may only testify against other of such refugees
ZIMMI may provide witness against other of ZIMMI, even if their beliefs differ
If Muslim avoids big sins, he is AADIL; he must not persist on the petty sins too
If without circumcision or unable to sex-union or born by adultery or is Eunuch
In Previous with eligibility to SHAHADAT & honesty, his testimony is acceptable
DAA'WA & SHAHADAT need matching; witnesses shall complement each other
Previous means that witnesses testify with complementary words, at the court
Further is that if one of witnesses testify to 10000 for claimant, other to 20000
These witnesses have validity as they denote same issue; higher enfolds lower
DAA'WA maybe for same currency even if witnesses differ in its actual amount
In Previous, lower amount is acceptable amount; for higher he'd have to prove
If X has paid 10000 of 20000 asked by the claimant, & witnesses ask all of that
Claimant is strong at court even at his wrong claim, until X proves the payment
If in case of QISAS, both the witnesses differ for specific murder, about its site
Previous asks rejection as one side is fibber; but difference in timing is no issue
If validity of witness is challenged by charge of HADD upon him, by defendant
Such charges of defendant are unacceptable because of the hearing of his case
There are issues where witnesses even if unavailable at spot, may give witness
NASB may be vouched for someone, & someone's death may also be vouched
NIKAH if known b/w couple is well to testify; & well about their rightful privacy
Such knowledge may come by reliable persons to the witness so he may testify
Reliable means 2 men here or a man with 2 women; that is valid at these cases
Witness in Previous isn't valid at HUDUD or QISAS & DIYAT; they have severity
SHAHADAT-ALAS-SAHADAT also is void, in cases of HUDUD, or QISAS & DIYAT
SHAHADAT-ALAS-SHAHADAT is valid in TA'ZIRAAT, if the actual witness is unfit
In Previous "unfit" means actual witness is dead, invalid, absent, lives far-away
SHAHADAT-ALAS-SHAHADAT needs investigation for both; actual & witnesses
If they are seen as fibbers, the court would announce them as such far & wide
RUJU'-ANES-SHAHADAT means to back-out of testimony, that is given at court
If backing-out is before pronouncement of verdict, they aren't liable to ZAMAN
If backing-out is after the pronouncement of verdict, that would not be revised
In Previous, witnesses would pay ZAMAN due to loss, incurred by affected one
RUJU'-ANES-SHAHADAT asks presence at court officially, in front of the QADHI
If verdict is at issue of amounts & both of them back-out, both are liable to pay
If verdict is at issue of amounts & one backs-out, he only is liable to pay its half
If witnesses are more than required & they back-out except 2, that is no RUJU'
In Previous, as quantity of witnesses is not void, backing-out needs no ZAMAN
If after the verdict ZAMAN occurs, it is divided b/w witnesses who backed- out
If a man & 10 women testify in a case, & 8 women back-out, it asks no ZAMAN
If another woman backs-out, fourth of amount would be ZAMAN to all these 9
If last of women backs-out too, it's half of amount distributed b/w all of the 10
If the man too with all women backs-out, ZAMAN is half to man, half to women
If a man claims upon a woman that she is his wife, & presents 2 witnesses for it
If witnesses back-out after verdict, it would not change it if his claim is accepted
In Previous, witnesses don't pay ZAMAN; she'd be his wife at MEHR court asked
If woman claims on husband that he has to pay MEHR & gives 2 witnesses for it
If she wins the case with additional MEHR & they back-out, they would pay him
Additional MEHR is more amount than her MEHR-MITHL; they'd pay this to man
But if she wins him by getting lesser than MITHL or its equal, they'd pay nothing
Similar is where claim is to price of vehicle that he gets by the order of the court
No ZAMAN occurs on witnesses backing-out after verdict; they aren't liable to it
But if claimant receives its amount with deficit in value; they shall pay the deficit
If witnesses of SHAHADAT-ALAS-SHAHADAT back-out, they need to pay ZAMAN
QUDURI tells if a man is stoned to death (RAJM) due to adultery proved on him
Four witnesses had testified to his adultery; 2 had testified his status as married
if latter two back-out, they wouldn't pay DIYAT/ZAMAN as they deny condition
Now, it's better to apply only corporal punishment to adultery, the extreme filth
Detail to the Previous is well to get by “The Islamic Guidelines” to Islamic Living
If TAZKIYA of QADHI tells witnesses as AADIL but later-on, they all do back-out
Being witnesses which affected the case; they shall pay charges as court orders
AADAABUL-QADHI means qualities necessary for QADHI, & are as SHAHADAT
QADHI shall be compatible to task & honest; it is better if he also is MUJTAHID
MUJTAHID is the man who understands issues directly by the KITAB & SUNNAH
KITAB (the Quran) & SUNNAH (the Prophet's guidance) signify Islamic Teachings
It is not good for any man to ask status of QADHI; to cause injustice is major sin
If he's appointed QADHI without plea, he'd get court-record of previous QADHI
At onset, he'd see to persons imprisoned & issues therein; he'd give them relief
Imprisonment isn't appreciable in justice by Islam; release is valid by guarantee
QADHI is custodian to many funds (WAQF; AMANAT) & he'd see at issues there
He must be accessible to the common man without any protocol & paper-work
There'd be no hindrance in access to him; he would see many issues as needed
He'd not take gifts from anyone, except from whom he used to exchange them
He wouldn't take any sort of exceptional gifts than what he got, prior to status
He must not participate in any of gatherings that's especially arranged for him
He would not make any gesture that seems preference to any contesting sides
He would take care not to put words into the mouth of any of contesting sides
He may attempt to relax all needy of justice by good words, & careful attitudes
He may imprison the debtor, who tries to avoid all payments, with clear proof
But such debtor shall not be imprisoned, if he proves that he's unable to pay it
Imprisonment does not have any worth by Islam; release is valid by guarantee
Its elaboration is at "The Islamic Guidelines" which presents the Islamic Justice
QUDURI tells prison is valid if he gets AIN on debt, or makes it liability, by AQD
Former in Previous denotes he has AIN to return; latter is his guarantee to pay
QUDURI clarifies this too that the imprisonment may only be for 2 or 3 months
Where he gets married or gives some guarantee, it means that he is able to pay
So limited confinement is valid if he doesn't pay wife's sustenance or children's
But as husband or father, he isn't liable to confinement but upon necessity only
Woman may become QADHI yet not in HUDUD, QISAS & DIYAT; it's disallowed
It is notable that she is unfit for SHAHADAT too, at the HUDUD, QISAS & DIYAT
It is valid to record witness at local QADHI's court, even if defendant isn't there
Local Court shall send it to relevant QADHI's court, where defendant is present
Previous is valid by 2 witnesses in cases other than HUDUD and QISAS & DIYAT
He'd take testimony of claimant's witnesses, the accuser of someone far-away
He'd make 2 witnesses on record of testimony by his seal, & provide it to them
These 2 would take it to related QADHI who'd call the accused before receiving
With testimony of witnesses available, the related QADHI shall give the verdict
Verdict is given in presence of claimant and defendant (or the respective aides)
Professional advocates are totally prohibited in any of HUDUD, QISAS & DIYAT
Notable is that aide representing any of sides, shall not charge anything in case
Notable is that it's invalid to pronounce verdict, in absence of any of sides to it
QADHI is disallowed to appoint representatives; he shall deal all issues himself
QADHI is liable to hear against the orders of governor if they are controversial
He may uphold those orders, unless questionable by the KITAB & the SUNNAH
Disputers may appoint HAKAM (judge) for them if he fulfils criterion of QADHI
His verdict shall rule in them; but any side has right to back-out, before verdict
HAKAM is disallowed to decide on HUDUD or QISAS & DIYAT; they go to court
HAKAM needs to be impartial, so that he decides the issue with utmost justice
AMIR or/and QADHI shall appoint distributers of finances, in custody of court
Distributors are also liable to distribute finance in cases that court has decided
These distributors would see to rightful persons of the finances by care to law
Distributors are the employees of BAYTUL-MAAL, and would be QAVI & AMIN
Distribution maybe of land or property, that relates to inheritance or business
It may be by any other reason too; disputes about inheritance, asks efficiency
So, heirs are named & verified to ditribute immovable assets, as ruled by A.H.
SAHEBAIN tell that custody has worth & so nothing needs proofs to distribute
Now, when paper-work has become complicated, this good ruling is beautiful
With hardship of those times, they still knew how to manage matters by trust
Things bought in partnership needing distribution, do not need any proof to it
If beneficial land has custody of few & one asks his share, QADHI shall comply
If the land is not such that it benefits each by division, QADHI shall not comply
Distribution is moot issue if all but one agree to it, as that one does not benefit
If distribution is of sheep, it's valid if all are very similar, but void if differ much
If there is difference in cattle (sheep, cow etc.), it is void unless all agree to that
There are 2 types in things; one is not liable to substitute but other is liable to it
Former in Previous is termed ZAWATUL-QIYAM & latter is named MITHLIYAAT
Distribution of latter things which give benefits, is well for QADHI to distribute
If something has partnership, it has right of all in all of it before its distribution
QADHI will distribute MITHLIYAAT yet he will not decide for ZAWATUL-QIYAM
He may decide for the latter, if all partners do agree to distribution by any way
Example to ZAWATUL-QIYAM are pearls & also horses; they vary to each other
Petty things that lose gains by sharing as grinding-mills & wells isn't distributed
If 2 heirs to land are present & one absent, it may be distributed by the QADHI
Such land shall be in the custody of both; he would make 3 parts in distribution
Part of absentee is kept with a person appointed by the QADHI as its caretaker
If land is in custody due to transaction, it asks presence of all the sides for that
In inheritance, a present heir may turn aide to absentee; there must be 2 heirs
If two persons have different houses at a city, having difference at their values
If they need distribution, it's valid for QADHI to distribute both by his authority
In Previous, he will keep near to justice as always; better is that they agree to it
If two are partners at house & field of crops; then both maybe divided, if asked
As things are different, both of these are liable to division b/w both of partners
Distributor must make sketch of plot according to area; he must show all parts
If any part has a unique feature, he must show it to compensate in distribution
In equal shares it's feasible to draw-out names for each share; this has validity
He must care that each part is marked well physically; and entrance is separate
If condition allows common entrance & water to flow-out by a part to another
Distribution is final without any such condition as that is void after distribution
If partnership has 2-storeyed house equally, MP is assessed for both the parts
Distribution remains according to half of total MP; one may buy share of other
If a person getting share by distribution contests, QADHI shall call distributors
If 2 in them prove by reason he got his right, QADHI shall instantly reject claim
If he suspects his few rights are in custody of other, but had accepted it before
In Previous, his claim is void, unless he brings two witnesses to his assumption
If he claims that other took his share after verdict, he shall prove, nevertheless
If some land was purchased in partnership & was distributed later b/w the two
In Previous, if a claimant proves specific area as his own, in other's part of land
The partner gets from him, half of that specific area if he loses it to him by claim
AL-IKRAH means force applied on someone to do something he does not intend
IKRAH applies, if the threatening person is fully capable to do what he threatens
The person threatened is MUKRAH while the person who threatens, is MUKREH
Other of rulinga is that MUKRAH is sure that MUKREH would act as he threatens
Still its other ruling is that his own intention is averse to the demand of MUKREH
Last of rulings is that MUKRAH would certainly feel agony as he commits the act
IKRAH has 2 aspects; MULJEE & GHAIR-MULJEE; latter challenges intention only
Former not only challenges MUKRAH's intention, but also his capacity for action
So if MUKREH forces MUKRAH to sell his house against will, it is GHAIR-MULJEE
In Previous, he doesn't mention consequences but the force does present here
MULJEE applies when he notes results that he would kill him or cut a body-part
IKRAH also presents where a person at authority (governor or thief) forces him
Note that verbal contracts of MUKRAH apply, though his action was forced in it
Verbal contracts do apply even if IKRAH to him is MUL-JEE or is GHAIR-MUL-JEE
After IKRAH as issues come to normalcy, MUKRAH would reverse the reversible
If he is forced to sell his house, he would reverse this, as issues come to normal
If he frees his slave, it'd apply & it is irreversible, even as issues come to normal
Reversal of transaction needs that he gives SAMAN back to buyer & gets MABI'
Things being normal, buyer would keep MABI' by MUKRAH's consent at SAMAN
The receiver who gets MABI' by force upon seller, he has it only as his AMANAT
So if MABI' is lost by him, he would not pay any ZAMAN; it was AMANAT to him
If receiver was at side of MUKREH by his will, he'd return it as it is GHASB to him
IKRAH has some detail if it asks wrongful acts; QUDURI brings that detail ahead
If forced to drink wine or eat swine in MUL-JEE practically, he shall comply to it
If it's GHAIR-MUL-JEE (verbally with no mention of consequences), he shall not
If he doesn't do such where situation is MUL-JEE, he'd be sinful at consequence
If he is forced at MUL-JEE to say words falling against Islam, he may do that too
In Previous, his heart needs to be committed to Islam; better to make TAURIYA
TAURIYA is to say words with a right & a wrong aspect, he'd intend for the right
In words that fall against Islam, if he bears the consequence & does not comply
Previous is admirable; but he'd comply at MUL-JEE, if it's eating of any HARAAM
MUKRAH (in MULJEE) is even allowed to damage someone's property, as asked
If he pronounces TALAQ to wife at MUL-JEE, it'd occur; contracts do apply here
If MUKRAH (in MULJEE) commits ZINA forced by MUKREH; it doesn't put HADD
If MUKRAH (in MULJEE) is asked to say words against Islam, NIKAH isn't FASKH
But even in IDHTIRAR, whereas issues relax, few in them still remain prohibited
IDHTIRAR is the utmost necessity to save life yet doesn't allow violating sanctity
So MUKRAH isn't allowed to kill anyone to save himself, even if issue is MULJEE
SIYAR - USHR & KHIRAJ -JIZYAH - AL-HAZR & IBAHAT – WASAAYA
SIYAR In FIQH means QITAL against challengers to Islam, in attack or in defense
It is FARDHUL-KIFAYA (obligatory to take-on by some Muslims representing all)
It is not due on those, who are in some manner incapable; crippled, weak & old
If non-Muslims challenge Islamic living causing FITNAH, Muslims would fight-on
FITNAH is such trouble caused by satanic people that makes living hard by Islam
If needed, the woman too would fight attackers; in defense all have to go all-out
At defense, Muslims don't have to see conditions; at attack, they must care to it
If Muslims need to attack, they have to see that the attacked people know Islam
If they reject it after being aware to it in principle, they'd be asked to pay JIZYAH
JIZYAH is the periodic amounts given by agreement b/w Muslims & challengers
Muslims may opt for pact of peace even without JIZYAH getting few guarantees
If they don't comply, Muslims have to face them on orders by power to combat
Here "Orders" mean that worthy AMIR had sent the warriors in sizable quantity
And they attack by the order of the commander & each fights for Allah sincerely
With care to conditions in attack, it is valid to fight all FITNAH with total courage
JIZYAH gives safety to enemy; all living out of Islam, shall live only under its rule
If enemy doesn't accept Islam & doesn't make peace, Muslims have to attack it
Warriors would be practicing Muslims who shall fight on commander's direction
Conditions for attack include that they have worthy power to combat the enemy
They shall use tactic by power of ammunitions at hand, to end enemy's strength
If needed they 'd throw quantity of water and big stones by MINJANIQ (canons)
Modern weaponry will be applied against it without causing extreme destruction
It's even valid to burn trees if necessary or take measures that make it surrender
Muslims will throw arrows (i.e. missiles) most skillfully towards its enemy at war
HF tells if they make Muslims captive and children as shield, arrows will not stop
This is moot ruling and with deadly arms today, this strictly needs to be avoided
Muslims even have to avoid QITAL by attack as it does kill many innocent people
Moreover, balance of strength in arms, is much adverse to Muslims, as of today
Usage of arms against enemy is to hit them precisely without undue destruction
If army of Muslims is strong, it is valid to take few women & the Quran at battle
She needs consent of her husband; now her participation is highly invalid surely
If QITAL is defensive, it needs all Muslims, whether male or female, to fight it on
JIIHAD is FARDHE-KIFAYA; but it is FARDHE-AIN (obligatory to each), at defense
MUTHLA (to mutilate corpses), to kill woman or child or any weak man, is invalid
Muslims shall not kill any of crippled or any old man or lunatic among the enemy
Muslims may kill an old man if their advisor in war & a woman if their supervisor
Muslims may opt for peace, even without JIZYAH, getting the needed guarantee
The pact of peace would be for specific time; AMEER may not renew it if he wills
At its breach, they'd be tackled at field; if some of them do, they shall be notified
Army may use enemy's things of use as the food, oil, arms but it shall not hoard
Notable is that before the distribution of all spoils, it's illegal to use any item of it
As Muslims win the war, they'd not touch property of person who accepts Islam
But his adult children also at ground either accept Islam or either they turn slaves
Adult men fighting for enemy are taken slaves & even women fighting at ground
It's fair to exchange captives, taking Muslims' captives by enemy releasing theirs
It isn't well to release their captives without taking any exchange against release
As Muslims conquer enemy by war, it's on AMEER to distribute some land or not
QUDURI tells that land is in war-spoils; now, it's not so; he may only ask tax on it
He has authority to enslave fighters as spoils of war or release them in exchange
Cattle maybe slaughtered if it's impossible to take them back as spoils of the war
Spoils of war are taken back to Islamic land, & it is duly distributed b/w warriors
Those who provided help to them all, even if not with main army, also get shares
Those who accompanied them for business-reasons, they are not liable to share
If they fight, they'd get shares; any Muslim may give shelter to any of the enemy
In Previous, shelter given is valid, if the provider is not among the business-men
Neither may ZIMMI give shelter to any man from enemy nor may captive give it
AMEER may order execution of sheltered person, in the best interest of Muslims
If enemy take transportable assets of Muslims to their land they'd be its owners
This ruling is to validate the deals, if business-men need to buy same from them
If Muslims conquer non-Muslims, then get own assets back that they had taken
Before distribution, a Muslims is liable to claim his own assets back, successfully
He isn't liable to get it back if distribution takes place but he may buy it if he wills
If enemy takes few Muslims as slaves, they would never become their property
So in Previous, if someone buys such person taken & brings him back, he is free
If hard to bring spoils back, commander shall give that as AMANAT, to someone
These spoils have no ownership before bringing them back; so they are not sold
Warrior who dies before it comes to Islamic land, shall not have any shares in it
In Previous, his share is at AKHIRAT, in high measure insha-Allah due to the war
But who dies after bringing it back he would get his share which shall go to heirs
AMEER or commander shall announce awards, to the most courageous persons
If spoils are yet to come at announcement they would get them after they come
But if announced at its custody, they shall get it by its KHUMS (that is for needy)
All warriors shall deposit assets of enemy that they have, at GHANIMAT (Spoils)
As army leaves the land of enemy, this departure ceases their usage to its asset
Everything even the balance of common items as foods & oils, is deposited now
Fifth part from GHANIMAT goes to the BAYTUL-MAAL for the poor & the needy
Four parts are distributed b/w warriors at QITAL; and all get their specific share
Those who participated in the war on foot, would get one share, by distribution
Those who had a horse with them, would get two shares each, due to the horse
Camels or mules don't count at war; if an horse dies after entry to enemy's land
In Previous, that horse is counted at war; if it dies before entry, it is not counted
If few women accompanied army, AMEER may give them by will, an item or two
KHUMS (5th part) is divided in 3 parts; it is allocated to orphan, needy, travelers
In Previous, needy of the descendants of the Holy Prophet PBUH are preferable
Those not needy of his descendants, don't get anything; it only is valid for needy
If few Muslims fight enemy unofficially by their own, they wouldn't pay KHUMS
In Previous, AMEER didn't permit them but if they attack enemy by his authority
And apply strength by which they bring back GHANIMAT then this asks KHUMS
Getting assets of non-Muslims by IKRAH is void & they shall be given SADAQAH
Muslims going to them for trade aren't allowed to cheat or bring assets by force
Persons from enemy maybe given asylum by AMEER; that'd remain to year only
In Previous, he will become ZIMMI at Islamic land if he lives more by permission
But, he'd have to pay JIZYAH annually, & he'd be disallowed to leave Islamic land
If he leaves to enemy without approval then he'd lose security to life & property
If Muslims get their assets at challenge without war, it is FAI to benefit Muslims
USHRI land is where Muslims pay 10th of produce as USHR, if watered naturally
If the land is watered manually then asks half of 10th of produce from its owner
USHRI asks USHR as it gives produce; KHIRAJ is paid yearly on lands got by wars
If owned by non-Muslim, it only is KHRAJI; Muslims may own USHRI or KHIRAJI
If Muslims win any land peacefully where the residents turn Muslims; it's USHRI
Land as previous, remains USHRI ahead now as it was at the initial position of it
If Muslims win them by war, & AMEER issues some of it to Muslims, it is USHRI
If Muslims win them by war & he let it remain to the residents, they're KHIRAJI
If land is unclaimed (MAWAT) and someone by AMEER's assent makes it useful
That land is KHIRAJI if non-Muslim has it; & with Muslim, it'd be as lands nearby
The land in Iraq has both KHIRAJI and USHRI (BASRA) lands, as IJMA' points out
UMAR-RA put KHIRAJ to KHIRAJI in 3 ways by rule "much efforts asks less of it"
He put KHIRAJ on Iraqi KHIRAJI land as 3200 grams of the produce on a JAREEB
JAREEB was area of cultivated land of 60 X 60 square-meters (nearly half acre)
So KHIRAJ was SA'-IRAQI that equaled 3200 gm., as AHADITH have related too
Previous was minimum as lands producing fruits & vegetables, paid even more
Now, such tax as KHIRAJ may be charged as needed, if administration is Islamic
Gardens that are used only to get fruits by them that grow by most high efforts
KHIRAJ was lesser in DIRHAMS among such gardens but others asked for more
AMEER has rights to lessen KHIRAJ, if he sees problem to owner to pay it easily
He would care if its cultivation is destroyed or any natural calamity occurs to it
KHIRAJI land is KHIRAJI even if Muslim buys it, as USHR & KHIRAJ don't overlap
As for JIZYAH, it occurs as Muslims make pact with the enemy without any war
In such case, JIZYAH is amounts which they pay to the Muslims, according to it
But when conquered, & AMEER makes treaty with them, it is the fixed amount
In poor, each of men (not woman, children, crippled), pays 24 DIRHAMS yearly
For better-off, it shall be 48 DIRHAMS; it may be taken by 4 DIRHAMS monthly
JIZYAH occurs to non-Muslims in enemy but is not upon the Arab non-Muslims
They either accept Islam, or they leave the Arab land, or fought until eliminated
JIZYAH isn't asked from priests living away of worldly issues not involved in war
Those who accept Islam, JIZYAH is relaxed on them & on those who can't pay it
In Previous, who was unable to pay it any year, it was relaxed on him, that year
Christians that live as ZIMMI, are disallowed to make their new worship-places
They are liable to mend old ones at will; this is the ruling for ZIMMI in Jews too
ZIMMI would be asked to distinguish their-selves from Muslims, by their living
ZIMMI shall avoid acts denoting war; so they were told, not to keep arms then
If ZIMMI commits severe crime, he'd be convicted, and the pact shall be intact
If ZIMMI runs-away to enemy, the pact with him is void; he may be killed for it
If some groups of ZIMMI fights with enemy against Muslims, their pact is void
If a Muslim turns MURTAD (leaves Islam), his reservations would be answered
HF tells he'd be confined and must return to Islam in 3 days else he'd be killed
Previous needs scrutiny; seems well if MURTAD passive in manner is left alone
If a man kills MURTAD before answering his reservation, or before 3 days end
In Previous, though he did wrong, yet he'd not be convicted to murder by law
MURTAD loses assets & property; if he doesn't return to Islam, it's distributed
In Previous, his heirs get it; but if he returns to Islam, then it's restored to him
His heirs get that even if he runs-away to enemy and QADHI declares his exile
If he earned gains after he turned MURTAD, it'd be forfeited to BAYTUL-MAAL
As he's killed (or declared exiled), his debts would be paid & assets distributed
Debts he took at period he was MURTAD, shall be paid by gains he made then
If MURTAD returns to Islam & his land, he'd get his things by heirs as they are
Female MURTAD is imprisoned till forced return to Islam & assets aren't taken
If Christians deny paying JIZYAH due to effect on prestige, they'd still be asked
JIZYAH funds are to be used by the AMEER for the general benefits of Muslims
Such funds are better to use in all ventures needed for the defense of Muslims
QADHI, UMMAL (tax-collectors), ULAMA may be paid by the amount in JIZYAH
MUJAHIDEEN & their families are also paid by these for necessary sustenance
If faction of Muslims rebels at Islamic land, AMEER shall clear their reservation
If they comply, they shall be left alone; if they initiate wars, they shall be killed
At the war, it is needed that their strength is vanquished, & no threat remains
If rebels conquer an area taking USHR & KHIRAJ there & spent it at right places
That suffices to paying the liability by people; if spent wrongly, they'd pay back
AL-HAZR (prohibited); AL-IBAAHAT (permitted); deals issues for male & female
Silk isn't valid for men but well for women; A.H. validates its pillows to men too
SAHEBAIN find its pillows TEHRIMI (detestable) for men but they allow it at war
A.H. invalidates it at wars; length of thread maybe silky for men in their dresses
Now, it seems most improper for men to wear silk or use it, or any of its variety
It's invalid for man to adorn body by gold or silver; he may use a silver ring/belt
Silver maybe used in grip of sword too; women may use gold/silver, as they will
It's improper for men to adorn by them as wounds at JIHAD is their adornment
It needs caution to dress children; to adorn male children by them is not proper
Gold & Silver Utensils are invalid to eat, drink or use for all; it denotes arrogance
Utensils made from the shining beautiful stones (prism-type) are valid for usage
It is valid to use utensils, beds or saddles if there is an unapparent silver in them
It was invalid (for Arabs of those times), to mark the Holy Quran with markings
It's well to adorn the Holy Quran; and to write it by water of gold is appreciable
It's well to adorn mosques by few beautiful designs that give attraction to them
It's improper to keep servants that are Eunuchs, as that gives them undue value
Animals maybe castrated; asses maybe mated to horses to giving birth to mules
Exchange of gifts is valid even if a child provides it by permission of his guardian
In usual dealings, information by sinful person too, is well to take to live normal
But specific issues, related much to Islamic rituals, ask only for the AADIL's info
It isn't right to see female on face, Allah commands both genders to lower gazes
QADHI, witnesses, physician may see her at face directly because of her trouble
Notable is that the woman's SATAR is all her physique except face, hands & feet
At Islamic living, her HEJAB equals her SATAR; at other sites, it includes her face
Female only shall treat female; men may treat them only at period of IDHTIRAR
It means "utmost trouble", stern conditions only allow a man to operate on her
First condition is that no female is available to cure her, or manage her affliction
Second is that lady-patient is unable to bear pain due to it or it's life-threatening
Third is that he doesn't view or/& operate on belly to knees of that lady-patient
Fourth is that the male surgeon is Muslim in belief; he does not disrespect Islam
Fifth is that no other part is uncovered of her body, except the place of affliction
Even in IDHTIRAR, few issues remain forbidden & all conditions shall be present
At IDHTIRAR (extreme necessity), female's SATAR relaxes to equal man's SATAR
So even in IDHTIRAR, no male (except her husband) may view the female there
Now, with care to morals, she shall try to avoid becoming in-patient at hospitals
Men & even women may view men except for his belly to knees in normal living
Women may view women except for the belly to knees in normal living together
In Previous, women may see a woman from her belly to knees too, at IDHTIRAR
Man may see the whole physique of his wife; she also is allowed to view him all
Men may see MEHRUM women at face, hands & feet, in general living together
Ruling for EUNUCHS is same as of the man; women shall take HEJAB from them
Man will not practice AZAL (Coitus-Interruptus) to his wife, save by her consent
To hoard things easily accessible at market which aren't necessities, has validity
If things hoarded are short at market or/and they’re necessities, it's much sinful
It's valid to hoard own cultivated crops even of necessity, if it is available at ease
It's valid to hoard items (not edible) bought by distant site even if absent nearby
AMEER mustn’t set prices to commodities; at emergency, it is valid for little time
Islam does allow freedom in valid dealings, by care that all Muslims are brothers
It's invalid to sell weapons at civil-war, or at times that cause trouble to Muslims
HF allows selling of grapes to person, known to make wines; this needs scrutiny
SADDE-ZARAE' (i.e. stoppage to wrongs) is Islamic concept; that makes it invalid
WASAYA (Will) is asking to give a person an asset, or its benefits after his death
WASIYAT (pl. WASAYA) is to third of assets, after debts & the funeral-expenses
WASIYAT is not valid for any heir, except when all heirs permit within third part
More than the third part also is valid, if all heirs permit by lessening own shares
If MUSA-LAHU (for whom it is made), kills MUSI (one who made it), he'd lose it
If Muslim makes will for ZIMMI, it's valid & ZIMMI's will for Muslim is valid too
MUSA-LAHU must show acceptance after MUSI's death, to will latter has made
There's an issue where MUSA-LAHU owns willed asset even without acceptance
This happens when after his death, he dies too; asset willed for him, is for heirs
If someone accepts carrying-out his will, it's void then to reject it in his absence
He may reject it in front of MUSI if he does not want the liability; then, it is valid
When MUSI makes ZIMMI or sinful person liable for his will, QADHI may accept
In Previous, QADHI shall make another man as liable to carry-out that WASIYAT
MUSI needs to make a Muslim, who is adult, sane & able to carry it out, as liable
If he finds hard to carry-out the WASIYAT, QADHI may give a companion to him
If MUSI has made two persons liable for it, both shall carry it out, together only
There are things that anyone of them, may do alone; one is the funeral-expense
Also, only one may care to MUSI's small children & pay-off his mentioned debts
If MUSI asked for specific asset to be given to specific person, only one may do
It's also valid that only one of them fights for rights of MUSI, at court if needed
If MUSI made WASIYAT for two persons, they'd share that equally to one-third
If MUSI wills for 2 men, third to one & sixth to other, both shall share the third
In Previous, third is divided into three parts; two is to former, & one is to latter
The cases for more than 3rd apply, when heirs don't agree to any more than it
If MUSI makes that more than third for some, his WASIYAT above third is void
Such is only applied to third; if MUSA-LAHU are many, 3rd is divided among all
If 2 or 3 persons are willed for in various ratio & heirs don't agree above third
In Previous, the third part shall be divided b/w all of them, by respective ratios
If man has debts, more than his assets even, that WASIYAT then becomes void
If MUSI makes WASIYAT for someone to get share of his son, WASIYAT is void
But if he says that he gets the share as his son's, he'd get the third of his assets
If a person makes deals or gifts something from his assets in his death-ailment
It'd be implicated to third of his assets; in those, the heirs have got rights now
If he asks to give part of his assets as will, it shall equal the least share in heirs
In Previous, if it's even lesser than sixth by distribution, it will be raised to that
If a man wills for many things, priority is to pay in compensation to obligations
Then if the amount of the third part is still left, other things in it would be seen
Will of child is void; WASIYAT maybe revised by MUSI, but in very clear words
In Previous if MUSI denies making will for someone, it is not taken as revision
If he makes will for neighbors, they only mean those who have attached walls
If he makes will for in-laws, that by 'URF means MEHRUM relatives to his wife
If he makes will for sons-in-law, it's husbands of his MEHRUM female relatives
If he wills for the near-ones, it's for relatives not heirs; nearer is more rightful
Generally, it is paternal relatives, much nearer than maternal relatives by 'URF
If someone wills for a man for third part of DIRHAMS, and its two-third is lost
It'd be taken that heirs have lost their shares; so he'd get the whole third part
But if the will is for anything that has difference in units to each other as cloth
In Previous, he would get third of the balance available, that's his right by will
If he wills but has much receivables, MUSA-LAHU shall get it by available cash
Previous denotes that MUSA-LAHU gets the willed amount by cash if possible
Will is valid for child at mother's womb provided it's born in 6 months to that
If MUSA-LAHU dies in MUSI's life, the will for him becomes void then & there
If he wills for children of someone, male & female, both get equal shares in it
If he wills for X & Y to be paid one-third & X dies; Y would get all the one-third
If he wills by words to provide one-third b/w X & Y, he'd gets its half, if X dies
If he wills for X when he has no amounts but he becomes rich, X gets its third
FARAA'IDH (Knowledge of distribution of Inheritance)
FARAA'IDH is knowledge of the law which relates to distribution of inheritance
This distribution b/w inheritors, shall strictly be according to command of Allah
This tells the specific shares for inheritors in the inheritance; that is FARAA'IDH
Before studying FARAA'IDH at QUDURI, we would study the general rules to it
There are 4 rightful expenses relating to deceased; first is the funeral expenses
2nd is to pay-off his debts; 3rd is to execute his will, to the third part of its rest
4th is that the remaining amounts is distributed b/w all of the valid heirs to him
Main heirs to deceased are three; ZAWIL-FURUDH, ASABAAT, ZAWIL-ARHAAM
ZAWIL-FURUDH are the close relatives whose shares are well-defined by Islam
ASABAAT are other relatives (by NASB) from father's side, to deceased person
ZAWIL-ARHAAM are the relatives that are besides ZAWIL-FURUDH & ASABAAT
MUQAR-LAHU & MUSA-LAHU have shares too in that, as told by the deceased
BAITUL-MAAL gets the left amounts, if there is no claimant left for inheritance
NASBI is person (male or female) related by father; there is no woman in-b/w
ZAWIL-FURUDH are the inheritors,who have specified ratio in the inheritance
Mostly, the amounts would be used-up by this distribution; in case it remains
Others named for amounts get from the remaining of that as it's due to them
The ratio in amounts of the ZAWIL-FURUDH are six; first is NISF (the half in it)
Second is RUBU' (fourth of that), THUMUN (eighth), THULUTHAN (two-third)
THULUTH (third of that), Sixth is SUDUS (sixth); these are ratios applied for it
ZAWIL-FURUDH include in total 12 of relations; 10 are by NASB & 2 by SABAB
NASB means those related by birth; SABAB (reason) means respective spouse
In 10 of NASB, men are 3; father, brother (by mother) & paternal-grandfather
Women in it are 7; daughter, grand-daughter, real-sister and sister (by father)
It includes the sister (by mother) too, mother & grandmothers (both of them)
With amount left after ASABAAT or none present, they receive it too by RADD
RADD (balance provided) is by ratio of ZAWIL-FURUDH, the most worthy of it
ASABAAT are such relatives to deceased whereas no women is in b/w relation
They get what remains, after distribution of due amounts, to ZAWIL-FURUDH
ZAWIL-ARHAAM get from amounts if other 2 are not present, or if it's still left
These are relatives too and liable to get it besides ZAWIL-FURUDH & ASABAAT
MUQAR-LAHU is the person for whom the deceased had confessed as his son
That man must be old enough to be his son, and his NASB would be unknown
He must accept indication of the confessor towards him so his NASB is proved
If he indicates him to be his brother or uncle, that doesn't prove NASB for him
MUSA-LAHU is the person whom the deceased willed to get from his amounts
That person shall get the third of his amounts, as will relates to third part only
If he has no heirs to him then the BAITUL-MAAL would take that in its custody
There are few situations when even the heir to deceased doesn’t get any of it
If an heir to the deceased kills him, he's deprived of all his share, in his assets
If heir differs in belief from the deceased, he is not liable to get any share in it
Muslim relative doesn’t get any share in disbeliever's amount at latter's death
And, the disbelieving relative would not become an heir to the Muslim relative
If Muslim heir to deceased Muslim lives at distant country, he would still get it
Previous is applicable even if that country is not at peace & averse to Muslims
Let's study heirs-ratios before proceeding to detail of FARAA'IDH, at QUDURI
Father is in ZAWIL-FURUDH & may become ZUL-FARDH-ASABAH or ASABAH
In amounts, he'd only remain at the 1st, if deceased has other close relatives
These close relatives are the sons or grandsons of the deceased present then
Secondly, if he has daughter/grand-daughter, his father also is then ASABAH
In Previous, he'd get the 6th of it first and also get balance after share to her
Thirdly, If deceased does not have any offspring, father is then ASABAH only
He wouldn't get sixth part therein but after the distribution, he'd get balance
Grand-father in the presence of the father to deceased, doesn't get any of it
If father is not present, he is as father; the nearer in-line deposes the distant
Ruling for AKHYAFI (by mother) brothers/sisters in the heritage is as follows
They get amounts therein in 3 ways; they get it either 6th or 3rd or deprived
If deceased has one of them, and has no offspring; father/grandfather dead
He or she would get sixth part of the total of amounts, the deceased has left
If more than one in the same condition, they shall get third of total b/w them
If his off-spring or father/grandfather is alive, they are deprived of any share
If brothers & sisters both get shares b/w them, they get it by 2:1 respectively
The male gets double of share of the female but it does not apply in AKHYAFI
They'd get shares equally whether male or female; the shares would be same
The husband gets either the half or the fourth of total amounts, by condition
If wife dies & leaves no off-spring, her husband gets half of her left amounts
If there is any of her offspring alive, then he gets the 4th of her amounts left
The wife would get by her deceased husband, the fourth of his left amounts
Previous is the case, when he hasn't left any of his offspring alive behind him
if he leaves more than one wife at death, they would share 4th part received
If he has left any of children (male/female), his wife would get its eighth part
The daughter gets her share by 3 ways; half, two-third, ASABAH (with other)
If the deceased has a daughter only and no son, she'd get half of his amount
If daughters are 2 or more, with no son, they'd get the two-third, b/w them
If there is son/s too, they're ASABAH with them & they'd get half of his share
Daughters/Grand-Daughters may only get to two-third, not more at anytime
Grand-Daughter by son has 5 ways; half, two-third, sixth, MAHJUB, ASABAH
MAHJUB is deprivation of share due to relatives who are very nearer to him
The grand-daughter with no grandson by his son and no offspring; gets half
If more than one, with same position as previous, they'd share its two-third
If the deceased has daughter too, grand-daughter by son gets the sixth part
They have got two-third together as daughter gets half & she gets sixth of it
If he left more than one daughter behind, they get two-third; she's deprived
Previous is named as MAHJUB (stopped) by his daughters to get any amount
If a son to deceased is alive, grand-daughter then too is deprived of amounts
If grandson by son is present & no son, he'd make grand-daughters ASABAH
Previous (grand-son & grand-daughters) get balance after daughters' shares
Suppose he has no sons or grandsons alive but has grand-daughters by sons
These are grand-daughter & grand grand-daughters that he has by 3 of sons
First of his 3 sons has a daughter, grand-daughter and grand grand-daughter
Second also has same position as the first and 3rd has grand grand-daughter
Daughter of the first gets half amount; & both grand-daughters get sixth of it
Grand grand-daughters of his sons get nothing by amounts which he has left
Two-third is off by half of amounts plus sixth together; no more to give them
It applies as there is no grandson, but in case there's one present by any son
This grandson of deceased makes the female at side ASABAH and both get it
In Previous, he'd become stoppage to all in-line below; & they'd get nothing
The male gets the double of share that the female gets from the left amount
Sister (by both parents) has four ratios; half, two-third, ASABAH & MAHJUB
She'd get half if the father or grandfather, & any of his descendant isn't alive
If in the same condition if sisters are more than one, they get two-third of it
If real brother is also present with them, he will make these sisters ASABAH
They would get balance, remaining after distribution to his ZAWIL-FARAIDH
The male gets the double of the female & it is the general rule in inheritance
If a daughter/grand-daughter is present, then also they'd become ASABAH
After daughters/granddaughters get shares, they receive all of amount left
If he has a son/grandson or father/grandfather alive, they become MAHJUB
ALLATI sister is by the father (mother different); she has 6 ratios in amounts
It's half, two-third, sixth, MAHJUB by females, ASABAH & MAHJUB by males
if she's alone (father/grandfather, offspring & real-brother to him is absent)
In Previous, she'd get half of amounts but if 2 or more, they’d get two-third
In same situation If he has real sister, she gets sixth and real sister gets half
In same situation If real sisters are 2, they get its two-third & she's MAHJUB
In same if real sister is one & she’s ASABAH by daughter, ALAATI is MAHJUB
In same if she has a brother (ALLATI) with her, then he'd make her ASABAH
In same, but with his daughters or grand-daughters, she'd become ASABAH
With father/grandfather/son/ grandson/real brother, ALLATI turn MAHJUB
Mother of the deceased gets amounts in three ratios, from his left amounts
She gets the third part in whole, or the third part in remaining, or sixth part
She'd get third of whole if he neither has the offspring, nor any 2 in siblings
In Previous, his father is not alive too, while his wife is still alive at his death
If father is alive & wife too, latter gets her share; mother third of remaining
If deceased has any of offspring or 2 of siblings alive, she'd get 6th of whole
Grandmother (both) get share only by sixth of amounts yet with conditions
Grandmother deprives the grand grandmother to get anything of amounts
At presence of source, the related one by source is deprived of any amounts
She deprives the relations in-line by her presence, as son deprives grandson
If reason to heir-ship is same, the near one deprives the distant-one for that
For instance, the mother deprives both the grandmothers, by her presence
This ends necessary detail for ZAWIL-FARUDH, without caring to odd issues
Detail ahead are the comments on calculations at QUDURI (its last chapter)
All parts to FARAA'IDH are 6 in total; half, fourth, eighth; that’s 1st category
Other parts are two-third, third, sixth; that’s the 2nd category in FARAA'IDH
In FARAA'IDH, if there's only one ZAWIL-FURUDH, his ratio indicates its total
Notable is that if husband & son are heirs, former gets 4th, & son gets other
Husband gets his share as he's in ZAWIL-FURUDH; & son gets it as ASABAH
In Previous, the total shares are 4 & relates to the ratio of the husband here
In FARAA'IDH, lesser of shares of one category tells of the total needed in it
In Previous, total shares are 8, If ratio to the amounts is half, fourth, eighth
In FARAA'IDH, if heirs are husband, daughter, uncle by father, the total is 4
The husband gets fourth, daughter gets half & the uncle is the ASABAH here
So in this total shares are 4; her husband gets one, daughter two, uncle one
In FARAA'IDH, if half occurs & there is any one from the other of categories
In Previous case, total shares for the distribution would be calculated by six
In FARAA'IDH, if fourth occurs, and there's any one figure of other category
In Previous case, total shares in the distribution, would be calculated by 12
In FARAA'IDH, if eighth occurs as ratio & there's any one of other category
In Previous case, total shares in the distribution, would be calculated by 24
At times, shares fall in excess than the figure of its total shares; it asks AUL
AUL means to go beyond the figure of total shares if shares fall into excess
Total shares required at FARAA'IDH are seven; they are 2, 3, 4, 6, 8, 12, 24
AUL relates to only 3 of these that’s 6, 12, 24; the former may go up-to 10
12 shares might give AUL as 13, 15, 17; but the AUL to 24 shares is 27 only
For instance a woman left husband, mother, two of her real sisters behind
The husband gets half, the mother gets sixth and both sisters get two-third
Total shares are 6 for clean distribution; yet actual shares exceed that total
It needs AUL towards 8, so that would be total shares taken in distribution
In Previous, the figures of shares remain same but the distribution is by 8
Shares maybe the same or one multiple of others, or all may have one HCF
In 8 & 16, latter is the multiple of former; & in 8 & 20, the HCF comes to 4
Mathematics for ratios is needed here; it is good that we have calculators
FARAA'IDH doesn't tolerate fractions, so at times, we do need rectification
Rectification isn't hard by applying math to shares as required at the issues
If heirs are six daughters, the mother & the father, to the deceased, in that
The former get two-third; his mother & father, both of them, get sixth each
Ratio comes to 4:1:1 with total of 6 & this causes fraction for the daughters
By multiplying all of the shares by 3 we get 12:3:3; & the total shares are 18
Fraction is off & each of daughters gets 2 of shares, both parents get 3 each
If heirs are husband, 6 daughters and both the parents; for it, the total is 12
First gets fourth (3 in it); daughters get two-third (8 in it); mother gets sixth
Also, the father gets sixth (2 in it), so fraction occurs at shares of daughters
By AUL, total are 15 and the ratios X 3 are 9:24:6:6 & the total = 45 (15 X 3)
This ends the fraction as each has the share in the total without any fraction
So if it’s 45000, husband gets 9000, each daughter 4000, each parent 6000
If heirs present as 3 daughters, the mother & the father, total shares = 6 X 3
Daughters get two-third, mother & father get sixth each (he is ASABAH too)
In total shares of 6, daughters get 4 of it (it’s fraction); & parents get 1 each
Fraction ends at daughters' share by the multiplication of all the shares by 3
The ratio holds at 12:3:3 & now each daughter gets 4 of shares conveniently
If heirs are the husband, 3 grandmothers & 6 real-sisters; they’re 10 in total
Husband gets half of it, grandmothers get the 6th; sisters get two-third of it
By total of 6, husband gets 3 of it; all grandmothers get 1; & all sisters get 4
AUL makes the total shares 8 so figures (ratio) in shares remaining the same
Multiplying ratios by 6 here gives a smooth distribution; so it is 18:6:24 = 48
Husband gets 18 shares; each grandmother gets 2; & each sister gets 4 of it
When it is 4 wives, 9 grandmothers, 6 paternal uncles; wives jointly get 4th
Grandmothers get the 6th together; & uncles are ASABAH here, in the issue
By 12; wives get 3 b/w them & grandmothers 2 b/w them; uncles get 7 of it
All have fractions in them; multiplied by 36 smoothens it, as it's 108:72:252
If heirs are 4 wives, 3 grandmothers, 5 uncles by father; they all get shares
Wives’ share is 4th; grandmothers get 6th together and uncles are ASABAH
By 12, four wives get 3, three grandmothers get 2 and five uncles get 7 of it
To rectify here, we may take any common multiple of 4, 3 & 5; let's take 60
Multiplying 60 to shares 3:2:7, result is 180:120:420; fractions end by 720
If heirs are a wife, 6 real-brothers & 3 real-sisters; the wife gets fourth in it
Others are ASABAH, male gets double of amounts of female, in distribution
Total shares being 4, the wife gets 1; others would get the other 3, of total
Wife has fraction as 1 over 4 & siblings have it too in that as 3 parts over 4
As other parts represent 15 in total & it is 3 parts of 4; total is 20 (15 X 4/3)
In 20 shares, the wife gets 5 while brothers get 2 each, & sisters get 1 each
If heirs are 3 daughters, 3 paternal uncles; daughters get two-third from it
Here, the total is by ratio-inverted or multiplication with a relevant number
Uncles are ASABAH, so they get the other of amounts, that is one part of 3
Multiplying by the ratio-inverted of 3 uncles, we get here, total of 9 (3 X 3)
3 Daughters get two shares each; & 3 uncles get one share each from total
If heirs are wife, 3 sons & 4 daughters; the wife gets the eighth in the total
Sons & daughters get the other 7; former get the double of what latter get
At this, we shall take 80 as the total shares for convenience in distribution
The wife gets 10 shares, sons 14 each, daughters 7 each from it smoothly
If heirs are wife, both parents, 2 sons, 5 daughters, and 2 paternal uncles
Wife gets eighth, both parents get sixth each and children, other of shares
Uncles do not get anything, as nearer ASABAH (i.e. children) deprive them
Shares have ratios 3:4:4:13; so total shares are 24, as denoted by addition
As children's shares are 13 of 24, we would multiply all ratios by 9 for ease
So we get 27:36:36:117 (total shares = 216) and the distribution is smooth
Now, we start KITABUL-FARAA'IDH at QUDURI, keeping the details in view
FARAA'IDH as mentioned studies the law to distribute all of the inheritance
Distribution b/w inheritors shall remain according to the command of Allah
This tells the specific shares of inheritors in FARAA'IDH, i.e. the inheritance
For the study of FARAA'IDH, it's better that we study few general rules to it
There are four valid expenses relating to deceased; first is funeral expenses
Second is to pay-off his debts; third is to execute his will to 3rd part of rest
Fourth is that balance of amount is distributed among all his valid inheritors
Main heirs to deceased are 3; ZAWIL-FURUDH, ASABAAT, ZAWIL-ARHAAM
Murderer of the man to whom he is one of heirs, doesn't remain heir to him
MURTAD (who leaves Islam) wouldn't get inheritance by his Muslim relative
Difference of his belief to the Muslim relative, deprives him of his share in it
Muslim also does not become heir to non-Muslim relative, even if he is close
Shares in all the left amounts are half, fourth, eighth, two-third, third & sixth
Half relates to five relatives; that is daughter, grand-daughter, the real sister
ALLATI sister receives half & also husband, if wife at death had no offspring
And fourth also relates to her husband, if she has offspring, male or female
Wife gets fourth if the husband has no offspring; eighth of it with offspring
Two-Third is to those who generally get share as half of it, if more than one
Third is for the mother if there's no offspring & also no sibling (or one only)
Mother gets the third of the remaining in a particular case in its distribution
If deceased has both, his spouse & his father, alive; she gets 3rd of balance
It's to AKHYAFI siblings too if more than one; equal shares to male & female
Sixth is for both parents, if the deceased person has any offspring alive then
It is for the mother too, if the siblings to deceased (more than one) are alive
It's also for the grandmothers & it's for grandfather too in absence of father
Grandfather would get it when the deceased has any of offspring alive then
In the offspring, not only sons but even their children are included by ruling
Grand-daughters by son would get sixth too in the presence of one daughter
With 2 daughters, they get nothing unless become ASABAH due to a brother
ALLATI sisters get the sixth too if there is only one real sister to the deceased
If there is only one of the AKHYAFI sibling alive then, she'd get the sixth of it
Both Grandmothers don't get anything if the mother is alive, as she's nearer
If father is alive, grandfather is not an heir; he also deprives the siblings of it
The father becomes ASABAH if he's present at distribution but not any other
AKHYAFI siblings are deprived too, by 4 relatives, present at the distribution
If he has offspring alive, or grandson (by son) or father or grandfather, alive
The daughters take two-third of the amounts, and deprive grand-daughters
Notable is that daughters in descendants, may share to two-third maximum
Brother to grand-daughters by son makes all ASABAH & they also get shares
If Real-Sisters get the two-third, ALLATI ones are deprived except by brother
ASABAH have relation to deceased, that has no woman directly, in-between
Sons, grandsons by them, father, grandfather by him, brothers & nephews
Lastly in sequence, Uncles by father become ASABAH too to him in amounts
Female may become ASABAH with male; they get shares as 1:2 respectively
Where AKHYAFI get amounts as shares, both male & female share it equally
HAJAB means to become stoppage to the share or to cause decrease in that
if it decreases it, it's named HAJBE-NUQSAAN; if stops, it's HAJBE-HIRMAAN
Former occurs in grand-daughters that have two-third if no offspring to him
With a daughter, it’s the 3rd; with 2 or more, it's HIRMAAN & deprives fully
Wife of deceased gets the fourth but with off-spring, gets eighth of amount
Mother gets sixth, if he has any offspring; or if he has two (or more) siblings
Left from two-third of daughters, it is for the grand-sons & grand-daughters
Left from real-sisters is for sisters by father (with brother); they're ASABAH
They get shares with the male who gets two of that & sisters get one of that
If the deceased leaves husband, mother, brothers by mother, real-brothers
Her husband gets half, mother gets sixth, brothers by mother get third of it
The real brothers in this situation get nothing, though they too are ASABAH
RADD (revision) is to pay balance, left in amounts, again to ZAWIL-FURUDH
RADD occurs by the ratios if there’s no ASABAH; there's no RADD to spouse
If accidental death kills heirs to each other, sequence in the death has value
Person dying afterwards is heir to other, yet if sequence is totally unknown
The heirs alive are paid then by amounts of all the deceased as appropriate
If man dies & his wife is pregnant, his amounts are not distributed, till birth
Grandfather & brothers both are ASABAH in it & both are rightful heirs to it
SAHEBAIN rule that both share it; grandfather's share would be 3rd at least
ZAWIL-ARHAAM, though far-away in distribution, do become heirs at times
When there are no ZAWIL-FARAIDH & no ASABAH, they get the shares in it
These are relatives too to deceased & are 10 in total; offspring to daughter
Offspring to sister, niece (i.e. by the brother), daughter of uncle (by father)
And uncle (by mother), aunt (by mother), and the grandfather (by mother)
Uncle to mother; aunt (by father); AKHYAFI brothers' offspring; total is ten
So QUDURI had discussed Math here to calculate due shares as we studied
Muslims excelled in Medicine, Astronomy, Psychology; 2nd asks for MATH
Practice of Islam only, is able to give the true peace inside; Al-Hamdu Lillah
Calculation is last chapter at QUDURI; we'd still learn it on; Al-Hamdu Lillah
There are initial chapters of QUDURI which we'd study on; Al-Hamdu Lillah
TAHARAT (WUDHU, BATH, TAYAMMUM, WIPING OF SOCKS)
The only aim of life is to worship Allah; all must keep this in view all their life
FIQH is the knowledge of commands in deeds, told by the KITAB & SUNNAH
KITAB is the Holy Quran; and SUNNAH is the guidance of Muhammad PBUH
WUDHU has 4 FARDH; washing face, hands to elbows, feet, wiping of head
WUDHU is washing of parts at SALAAT; FARDH is the obligatory in WUDHU
Wiping of head needs at-least fourth part once; others ask washing 3 times
SUNNAH for WUDHU includes the washing of hands after sleep for 3 times
And start WUDHU by the name of Allah; use SIWAK, gargle & wash nostrils
Wiping ears, KHILAL (wiping) of beard & b/w fingers; wash all parts 3 times
These from rise from sleep are all SUNNAH of WUDHU which are cared in it
MUSTAHAB (appreciated) in WUDHU is intention to it and wipe head totally
Also that it goes on in sequence, washing continuously, without any of gap
And to start it for each part by the right side & wiping the back of the neck
Many FAQIH take only last two as MUSTAHAB taking all others into SUNNAH
WUDHU is void by anything coming out from the site of urine or by the anus
Blood that flows little, pus & any of their combination if flows a bit, breaks it
It is so as blood, pus or combination flows towards part, that needs washing
To vomit by quantity that may fill-up the mouth & a person is unable to stop
To sleep at ease on the side, at the knees or inclining on anything; all break it
To incline on something that makes him fall on removal, this breaks WUDHU
To faint; to be affected by lunacy; to laugh by voice at the SALAAT all break it
Laughing is 3 types; QAHQAHA, ZEHEK, TABASSUM; first the near-one hears
ZEHEK is that he hears it himself; TABASSUM is which he even does not hear
First breaks WUDHU & SALAAT; and second breaks SALAAT but not WUDHU
TABASSUM (smile) doesn't break any of them; but he shall avoid all of these
In GHUSL (bath), FARDH is to rinse the mouth, wash nostrils, all of physique
SUNNAH for bathing is first to wash hands to elbows, private parts, any filth
Then, is the washing of mouth, nostrils & body; feet need washing at the last
If some part appears dry in part, it's valid to wash it even after a few minutes
If he omits FARDH (necessary) of WUDHU/GHUSL, it’s void; he shall revise it
Woman is allowed not to untie hair, if she has tied it in many parts; & tightly
She has to put water as to reach the basis of hair & that suffices for her bath
But if man ties hair as such due to some fashion, he shall untie it and wash it
Women shall not use nail-polish; it stops water to nails; WUDHU is void then
GHUSL is due at ejaculation by passion or if the man & wife make sex-relation
Ejaculation due to passion, asks it; with some wetness, it only needs WUDHU
If man bathes & has not urinated before, he has to revise if he sees the drops
It also becomes due as woman gets free of menses or the postpartum period
It is SUNNAH to bathe on Fridays, EID, taking EHRAAM, ARAFA (9th ZIL-HAJJ)
Light semen (MADHI), semen-droplets (WADEE) after urine, ask for WUDHU
To get purity by waters of rains, of wells, of mounts, even of seas is valid in it
These do give purity in both of HADATH (impurity), small or big, that ask for it
Big HADATH is situation which asks for bathing; small is that asks for WUDHU
HADATH doesn't end by waters of trees or extracted by fruits, or if it changes
Its change is at syrups, vinegar, gravy, beans-water, rose-water, carrot-water
Water changes its color, smell or taste as something mixes to it or falls into it
If a pure thing mixes with it & changes only one of qualities, it's fine for usage
If it changes 2 of its qualities, it's not fine to get purity even if the thing is pure
Stagnant water in which an impure thing falls, is not valid to use, to get purity
As one awakes, he must wash his hands 3 times, before use of bucket-water
If an impurity falls in flowing water & not seen or felt in it, it's valid for purity
If water has high quantity, purity at its side isn't affected by impurity at other
The idea for "high" is the pool of 10 by 10 meters; & it also needs depth in it
But such pool must not denote any impression of impurities, at its better side
This pool shall be so vast that shaking waters at one side, doesn't affect other
If at Previous, a living water-creature dies therein, it's valid to make WUDHU
Also if an insect dies in it that with no flowing blood, it does not affect validity
If an unseen impurity is therein but none of qualities changes, it's valid to use
Using the used water again for purity is void for purity in HADATH of any sort
If WUDHU is valid & yet made, water of second one counts as used water too
Skin of an animal is valid to use in SALAAT, if it is purified well, by DABAGHAT
DABAGAHT is way to dry it giving it sunshine to purify even if it's found dead
Recent ways are fine in DABAGHAT without usage of any forbidden chemical
By valid DABAGHAT, it's fine to read SALAAT on it or wearing cloth made by it
But the skin of swine remains impure as it is NAJAS (total filth), & remains so
Other parts of dead animal as teeth, hair, bones, are fine in medicine & dress
As man has sanctity, so it's invalid to use his skin, or parts, in transplantation
Grafting of his skin to his own self or transfusion of blood is fine; it is no loss
If some impurity falls into the well, taking-out all its water from it, purifies it
For ease, few buckets are taken-out of it after the impurity is taken-out of it
If it's mouse, sparrow or birds of that size, & lizard, it'd be 20 to 30 buckets
It's 20 to 30 buckets by bucket's size; note that mouse mustn't be wounded
Wounded mouse falling there, needs to take all water out of that to purify it
If hen, pigeon or cat dies therein, 40 to 50 buckets have to be taken-out of it
If dog or sheep dies therein, count of buckets is invalid; all water is taken out
If a man dies therein, it needs taking-out all the water though he has sanctity
If any creature asking for amount of buckets to take-out decomposes therein
In Previous, it is needed that the whole water of it is taken out, as to purify it
If it gets water by base, water taken-out shall equal its whole capacity to hold
It's fine to take-out 200 to 300 buckets from it if assessment of whole is hard
If dead animal comes in well's bucket, SALAAT of day & night shall be revised
Clothes or pots of the day & night washed by it, now would be washed again
If it comes out decomposed, it affects 3 last days & nights; SALAAT is revised
Water left-over of man & of animal edible, is valid to use; not of dog or swine
Left-over of wild hunting animals is void to use & of hunting birds is MAKRUH
MAKRUH means detestable; left-over of cat, hen; mouse; these are MAKRUH
Left-over water of mules/asses has doubts; better to use it only at necessities
But even if used, it's feasible to make TAYAMMUM too, either before or after
TAYAMMUM is to use clean sand for purity if water isn't available to WUDHU
It means in speech to intend for something; here the intention is to get purity
It is valid for patient; if water is adverse to condition, he may do TAYAMMUM
It is valid if traveler doesn't find water & he is away of city, at least mile away
Mile here is bigger than taken as today; it is 4000 ZIRA or 6000 ft. (4000X1.5)
Mile now is of 1760 yards; but here it's of 2000 yards & few furlong (approx.)
It is valid for traveler at fear that his drinking water would not last to his need
It's by 2 hits at dust; one for wiping the face, other for wiping hands to elbows
It's same for both HADATH & well for purity; it substitutes for WUDHU & bath
TAYAMMUM is valid by anything that relates to earth as sand, pebble, calcium
Hard SURMA (antimony) & SANKHIA (type of pebble) is valid for TAYAMMUM
Things burnt by the fire are invalid except for calcium that burns, yet it is valid
These mentioned are valid even if dust is unseen; others would show the dust
Intention is necessary in making of TAYAMMUM; in WUDHU, MUSTAHAB only
Things breaking WUDHU & GHUSL break them when purity is by TAYAMMUM
If he gets water, it ends; if done for bath, water has to suffice for bath to break
Traveler shall make WUDHU if he gets water timely; it isn't needed for patients
So patients would not revise the SALAAT by making WUDHU but others would
If someone doesn't find water at SALAAT & hopes to get it in time, he may wait
In Previous, if he reads SALAAT without wait, it's valid; revision isn't necessary
Even if he is not at travel & not patient, he may still make it, at some occasions
In Previous, at SALAAT of EID or funeral, it's valid if the time is extremely short
By 2 conditions that time is short & SALAAT doesn't have substitution, it's valid
So EIDAIN or JANAZA (funeral) might be read, by making TAYAMMUM at need
If he forgot reserved water & read SALAAT, he will not revise at remembrance
If he feels that water is nearby, he shall search till the very last time of SALAAT
If he doesn't feel so, he doesn't need searching; he shall read by TAYAMMUM
If his companion has enough water at travel, he would make his WUDHU by it
If he thinks it's useless as he would only refuse, he shall read by TAYAMMUM
If time for SALAAT is short & may elapse by WUDHU, he would still make that
He may read many of SALAAT; read the Quran by TAYAMMUM; until it breaks
Wiping over leather-socks is valid by SUNNAH, if someone wears it at WUDHU
It is valid if he makes WUDHU & wipes his socks as washing them isn't needed
It is valid yet the better thing is to wash them at every WUDHU, & not to wipe
These socks must cover his ankles too; for the resident, it is valid for 24 hours
For traveler, it's valid to wipe them 3 days and nights, without taking them off
If any sock is taken-off or it gets-off, the wiping ends; both feet need washing
If he's with WUDHU & takes them off, he has to wash his feet only, to make it
If water comes into foot, even with socks on, up-to half of it, it needs washing
Count of period of MASAH (wiping) starts from time while WUDHU terminates
MASAH is only on above of socks & it manifests by drawing all fingers to ankle
If he puts water on leather socks and draws 3 lines, his MASAH is satisfactory
FARDH in MASAH is that they get moisture on them up-to 3 fingers of an hand
If a person, with socks on, walks in rain, it is enough for validity of his MASAH
If a sock is torn up-to quantity of 3 small fingers of feet, MASAH is null & void
If torn at different sites, but equals quantity of 3 small fingers, it is null & void
Ruling tells singly for each torn sock; so if each is torn lesser, it remains intact
If bathing becomes due, MASAH ends as for bath, it's necessary to wash feet
Taking-off any of sock ends the MASAH & it also ends by the end of its period
At end of period, if he has WUDHU, he only needs to wash feet, & wear them
If resident travels, he has to count its 72 hours, from initial time of that travel
If he returns from travel, MASAH ends but he may make it again for 24 hours
If JURMUQ (cover to leather-socks) is worn then MASAH is fine upon that too
If thick socks have leather up & down stopping the water to go inside, it's fine
Such socks must be so thick that the wearer may walk to 3 miles only by them
Socks as of now are not so thick so are not valid even with leather up & down
MASAH on turbans, caps & gloves is not valid; it is allowed only at valid socks
Anything binding wounds allow MASAH over it & he may wipe it up-to healing
It stays even if bandage falls from wound but if it's healed when it falls, it's off
HAYDH (menses) means “flow” as experienced by adult female at each month
It's flow of vaginal blood; she experiences it but not lesser than for three days
And she has not experienced it before the age of 9 years as that is not HAYDH
That blood manifests at HAYDH & NIFAS (postpartum) & ISTIHADHA (its flow)
ISTIHADHA (blood-flow) is by affliction & may come by other site than womb
HAYDH is up-to 3 days but not more than 10 days; other blood is ISTIHADHA
If it is red, black, yellow, brownish, it tells HAYDH; & she would leave SALAAT
If the blood is white (or it's more than 10 days), then it's taken as ISTIHADHA
SALAAT is relaxed in HAYDH & asks no QADHA (reading later) unlike her fasts
She'd not enter mosques (even KA'BAH) as man, who needs bath in HADATH
Her husband is disallowed sex-relation in HAYDH; & she will not touch Quran
Man needing bath mustn't touch it too; normally, he will make WUDHU in it
Reading of Quran at computer/mobile phone by respect doesn't ask WUDHU
Woman at HAYDH, is allowed to recite Quran word-by-word, by some pause
Her husband would stop from sex-relation, until she takes bath after HAYDH
It's valid, when the time for a SALAAT passes after its end; or if ten days pass
TUHR (period of cleanliness) is minimum 15 days; if lesser , it's MUTAKHALLIL
So if menses occurs & 15 days-TUHR are yet to pass, it's TUHR-MUTAKHALLIL
With blood at MUTAKHALLIL, menses plus TUHR-days are ISTIHADHA for her
To discern menses from ISTIHADHA, it needs seeing her normal routine for it
If she used to have 3 days of it, it'd be HAYDH, & other remaining ISTIHADHA
SALAAT is off to her at HAYDH but she has to read it for other remaining days
TUHR is the whole period which is free of menses; she shall read SALAAT in it
ISTIHADHA has ruling as blood by nose which needs WUDHU at each SALAAT
And It doesn't hinder SALAAT, SIYAM (fasts); & sexual-relation with husband
If she gets it more than 10 days any month, more of the days are ISTIHADHA
If she had got initial menses more than 10 days, that's taken as routine to her
In ISTIHADHA, bath at each SALAAT is better but if hard, she'd make WUDHU
In ailments showing blood or urine drops, WUDHU is needed at each SALAAT
WUDHU then stays till the time of the SALAAT even in presence of such drops
But it'd break by any other reason (HADATH), though drops wouldn't affect it
NIFAS (Postpartum) blood has no minimum period, & its maximum is 40 days
Any-time it stops before 40 days, it is NIFAS; more than that, is in ISTIHADHA
If at previous child-birth NIFAS was lesser than it, days over it are ISTIHADHA
So if she had NIFAS of 30 days previously then days over it, is her ISTIHADHA
In Previous If calculation is not feasible, her NIFAS-period is normal (40 days)
If twins are born, her NIFAS-period starts by second child born (I.M., ZUFAR)
It is necessary that the person reading SALAAT, is free of NAJASAT (filth) fully
Free of NAJASAT means his body is clean, clothes are clean and place is clean
If anything is impure, he must clean it by clean water (or vinegar/rose-water)
If dry filth affects socks, it is enough for its purity, to rub it at the earth (dust)
If semen is dry, it is well to rub it off the cloth; its cleansing by water is better
If there is filth at earth, but it dries by sun, & leaves no effect, SALAAT is valid
But in Previous, that place at earth mustn’t be used for making TAYAMMUM
NAJASAT has 2 types; MUGHALLAZA (heavy filth) & MUKHAFFAFA (light filth)
Notable is if former equals a coin, or is lesser in volume, SALAAT is valid by it
If more than it at body; clothes; place; it must be cleaned to validate SALAAT
MUGHALLAZA includes blood, urine, stool, dung & animals' feces etc. in that
Urine of edible animals is MUKHAFFAFA & such also is feces of birds inedible
Feces of edible birds, other than hens (& kind) & ducks (& kind), isn't impure
MUKHAFFAFA is bearable to fourth of the cloth but more invalidates SALAAT
As washer washes an apparent filth but effect or smell stays, SALAAT is valid
If filth isn't apparent, washer must wash it till he feels satisfied that it's clean
To ask purity after nature's call, needs few of sandy pebbles; & water is best
If filth extends beyond the site, water is the only option, to ask purity from it
Neither dung nor bone is good agent to purity; edibles also must be avoided
Left hand shall be used for cleansing; right hand may carry the water-vessel
SALAAT (about AUQAAT-JAMA'AT-JUMU'AH-EIDAIN-JANA'EZ)
Allah has specified the AUQAT (timing) for all 5 SALAAT, in 24 hours to read
The Holy Prophet MUHAMMAD PBUH has told that for all SALAAT explicitly
FAJR is the SALAAT before dawn; its first time is the FAJR-SADIQ (True-FAJR)
The Light starts spreading then; its last time is before starting of the sunrise
Except when the sun rises, comes at mid-heaven & sets; & after FAJR & ASR
For Previous, note that SALAAT is disallowed at these 5 times; other are fine
Those who will, read MUSTAHAB-SALAAT at mornings (ISHRAQ & CHAASTH)
ISHRAQ is at 15 to 20 minutes after the sunrise, and till an hour or so ahead
CHAASHT (or DHUHAA) is after ISHRAQ, till before the sun comes overhead
In Obligatory, ZUHR is after ZAWAAL just as the sun crosses the mid-heaven
Its time stays, till shadows become double to actual sizes, according to A.H.
To SAHEBAIN, it ends when shadow comes to actual size & ASR is valid then
ASR starts at the end of ZUHR's time according to both; then ends at sunset
MAGHRIB starts after the sunset; & it ends as the light vanishes completely
As darkness covers the horizon at the west, the timing of ISHA commences
Time for ISHA is wide as it starts at end of MAGHRIB & stays till FAJR-SADIQ
It is better to read it late, near to midnight; it may be read at the last of night
Besides it, MUSTAHAB at night is named as TAHAJJUD; it brings near to Allah
After ISHA then, he would read 2 RAKAH & then WITR (three RAKAH WAJIB)
These 2 RAKAH are good as TAHAJJUD too after which he must wait for FAJR
TAHAJJUD is good, even if he wakes from sleep & reads it after reading ISHA
HF tells the better time to FAJR is to read it at some of light at eastern horizon
It also tells that FAJR at Ramadhan is better early as people rise at SEHR then
And ZUHR is better late at hot weather & it is better early when it's moderate
Reading ASR is better late, but before the sun changes to red color at horizon
MAGHRIB is better to read immediately, & ISHA is better to read late in night
HF tells that ISHA is better up-to 3rd of night; but not better, if it is read later
WITR is better to read late after getting some sleep, after reading TAHAJJUD
ADHAN (the call to SALAAT) is SUNNAH; that calls Muslims to attend SALAAT
It has total of 15 sentences in the call as it is presented at the sub-continent
At FAJR-ADHAN, it has an addition "AS-SALAATU-KHAIRUM-MINAN-NAUM"
It is for 2 times & means "SALAAT is better than sleep"; total is 17 sentences
IQAMAH (call at JAMA'AT) also is similar but adds QAD-QAAMATES-SALAAT
It means that SALAAT has stood (JAMA'AT is now prepared to read SALAAT)
ADHAN is said with ease & with some time, in pronouncing its 15 sentences
IQAMAH is said as normal speech speaking all of its sentences continuously
In ADHAN, it is better to turn face left & right; the body remains near to stiff
Previous is done in it at "come to SALAAT"; and "come to FALAAH (success)"
In QADHA of few of SALAAT, first of SALAAT needs ADHAN; & others do not
HF validates ADHAN if given without WUDHU, but tells IQAMAH is MAKRUH
ADHAN for SALAAT is called at time & not before as then it needs its revision
ADHAN by woman is void & her presence at mosque for SALAAT isn't asked
SHURUTUS-SALAAT (conditions to SALAAT) are such that are necessary to it
They occur prior to SALAAT for MUSALLI (who reads it) contrary to ARKAAN
It's asked from him to be clean of impurity, not in the need of WUDHU/ bath
Cleanliness includes that he mustn't have any filth on his body or on its place
Besides these three that ask cleanliness to MUSALLI, there are 4 other things
So it also is asked that he hides all his SATAR (from belly to knees), at SALAAT
SATAR for woman is all her body, except for her face, her hands and her feet
If SATAR opens to fourth part for some period, it makes his/her SALAAT void
SATAR of the slave-woman was as of the man; usually she did care for more
If only cloth for the SATAR is filthy, but to 4th part, he shall read SALAAT in it
With no cloth available, he shall still read SALAAT albeit he shall read it sitting
Also needed is his NIYYAT (intention) to read SALAAT without any gap in b/w
But it is not necessary to speak-out his intention of SALAAT in words verbally
If by genuine error, he makes intention to other SALAAT than which he reads
In Previous, if he realizes but reads it on without revising words; it's still valid
As noted, SALAAT is read adjacent to NIYYAT and there is no work in between
Also needed is that the time for the SALAAT he's reading has taken place then
Also needed is that the direction for the SALAAT is towards QIBLAH (KA'BAH)
At genuine fear, he may read it to any direction, though he'd guess by efforts
The genuine fear may occur by deadly enemy or wild animals if he's at jungle
If he gets the guidance to right direction at SALAAT, he must face accordingly
FARA'IDH of SALAAT are needed things (ARKAAN) inside SALAAT; they are six
TAKBIR-TEHRIMA is the first of its ARKAAN (inside it) though it starts SALAAT
It prohibits few normal acts as talking, walking, eating, drinking and laughing
Second is QIYAAM (to stand in SALAAT) that too is one of ARKAAN of SALAAT
Third is to recite some of the Holy Book Quran in QIYAAM; it's in ARKAAN too
Fourth is RUKU' (To bow towards Allah); it's done by keeping hands on knees
Fifth is SAJDAH (prostration to Allah), by putting the head to the floor in that
Sixth is the last sitting, at-least for the space of reading TASHAHHUD, in total
Leaving any of FARA'IDH (ARKAAN) in it, makes it void & asks for its revision
In Previous, it is notable that even SAJDAH-SAHW does not repair omissions
SAJDAH-SAHW means two SAJDAH at end of SALAAT, to mend any flaw in it
They repair flaw in any WAJIB of SALAAT, but not in FARA'IDH (i.e. ARKAAN)
WAJIB (necessary) in it are as follows where SAJDAH-SAHW repairs the flaw
Reading of Surah FATIHA that is the first SURAH of the Holy Quran, is WAJIB
After it, reading SURAH, or a long AAYAT or 3 short AAYAAT from the Quran
To perform all ARKAAN in sequence, & also the last of sittings, in the SALAAT
Recitation of TASHAHHUD (which is due recitation at sittings), at the SALAAT
To recite in low voice in ZUHR & ASR, and with high voice in other of SALAAT
Previous is WAJIB on IMAM but reading it alone, he may read with low voice
SALAAT needs TA'DIL that is reading it by care giving due time to all postures
So it needs standing straight, after RUKU; & sitting at ease, b/w both SAJDAH
To forget reading QUNUT in WITR, or added TAKBIR in the SALAAT of EIDAIN
To forget any of these or to make error in these, requires the SAJDAH-SAHW
But leaving any by Intention asks revision; SAHW doesn't mend willful errors
SALAAT has other rulings too, as told by Ahadith, mentioned as SUNNAH in it
The way to read SALAAT by care to FARA'IDH, WAJIB & SUNNAH is as follows
To start his SALAAT, MUSALLI raises both hands, up- to lower tips of his ears
Women raise hands to shoulders, & it's better for them to conceal palm even
He'd say ALLAHU-AKBAR (& to say ALLAHU-AL-AKBAR or Al-KABIR is well too)
Saying ALLAHU-AKBAR is much better and it is the usual way to say TEHRIMA
Palms shall be towards KAA'BAH as much as possible, at the commencement
He keeps his left hand below navel and keeps his right hand on it, in QIYAAM
By his right hand he holds his left wrist, that is he holds it by thumb & fingers
He recites the SANA; & then A'OOZU-BI-ALLAH & BISM-ALLAH, in a low voice
Then FATIHA; then more of the Holy Book Quran & then says AMEEN silently
AMEEN is said at the end of FATIHA, and HF asks to say it silently at QIYAAM
IMAM & MUQTADI (those reading SALAAT in his following), both say silently
Then at RUKU he puts his hands at knees and holds them by his open fingers
His back shall be straight as much as possible, while he is in posture of RUKU
He says SUBHANA-RABBI-AL-AZEEM, 3 times, or 5 times, or 7 times, in RUKU
Then he says "SAME'-ALLAHU-LEMAN-HAMEDA", or RABBANA-LAKAL-HAMD
Former is for IMAM and latter is for MUQTADI; reading alone, he'd says both
He stands straight at QAUMA which is the posture of his standing after RUKU
Then he says ALLAHU-AKBAR & falls into SAJDAH; it is the prostration to Allah
In SAJDAH, he keeps his hands, & his head b/w both his hands, to the ground
So he keeps his forehead & nose, to the ground except if anything prevents it
If he makes SAJDAH at his cloth/extension of his cloth, it's valid as he presses
He keeps thighs away from his belly and keeps hands open, exposing armpits
But the woman will remain concealed in reading SALAAT, as much as possible
She would conceal herself by drawing all of her physique in all of her SALAAT
He has to point fingers of his feet towards KA'BAH in SAJDAH if that's at ease
Both his feet would touch the ground as without that, SAJDAH becomes void
Where both his feet do not touch it, SAJDAH is void; & so it requires revision
He says SUBHANA-RABBI-AL-AA'LA, 3 times or 5 times or 7 times at SAJDAH
Then saying ALLAHU-AKBAR, he sits at ease & then he goes to SAJDAH again
Then saying ALLAHU-AKBAR, he stands for his second RAKAH without sitting
He reads his 2nd RAKAH the same way except for SANA & A'OOZU-BI-ALLAH
Rising from 2nd SAJDAH in this RAKAH, he sits on left foot, in normal manner
His right foot stands with fingers towards KA'BAH, if that's no trouble to him
He keeps his fingers spread at his knees, & then reads TASHAHHUD in sitting
In the last 2 RAKAH, he recites FATIHA only in QIYAAM or stands to its space
If he reads any SURAH after FATIHA by mistake, it is no issue; SALAAT is fine
In Previous, he doesn't even need SAJDAH-SAHW as it is not necessary here
SALAAT which is SUNNAH (& NAFL), need SURAH also in the last two RAKAH
In the last sitting, he reads TASHAHHUD and then recites DURUD-IBRAHIMI
After DURUD, he asks Allah for his needs by words mentioned at the Quran
He might read words as told in Ahadith as DUA, that ask Allah for His mercy
Last, he says TASLIM to end SALAAT that is SALAAM to angels at left & right
IMAM recites by voice, in first 2 RAKAH of JAHRI-SALAAT (that needs voice)
In other SALAAT, he needs to recite silently; MUSALLI if alone has an option
WITR is SALAAT that has 3 RAKAH, where in the third, he shall read QUNUT
HF tells MUSALLI will read QUNUT in WITR before RUKU of 3rd, all the year
In WITR, all three RAKAH need SURAH; QUNUT is after SURAH at third of it
MUSALLI reads QUNUT only at WITR after any of SURAH and after TAKBIR
It is not needed to read any specific SURAH of the Quran, in any of SALAAT
After FATIHA, he may read any SURAH or 3 short AAYAAT or a long AAYAT
HF asks MUQTADI not to recite FATIHA as IMAM's recitation suffices here
HF takes the recitation of SURAH too by IMAM, as sufficient for MUQTADI
MUQTADI would intend to read SALAAT that it is in the following of IMAM
JAMA'AT (congregation in SALAAT) is SUNNAH-MUAKKADAH; it has stress
Better in IMAMATE of SALAAT is the one who is more mindful of SUNNAH
If there are many such persons then the one who recites the Quran better
If it also does not decide conclusively, then the one who is the most pious
If many are competent in knowledge, recitation, piety, then age decides it
It's not valid for villager or blind, or someone who is born out of wedlock
But if these are most aware of Islam then surely their IMAMATE is worthy
It is not feasible to give IMAMATE to sinful persons; it's unjust at any time
But if he leads SALAAT, it's valid for MUQTADI; he doesn't require revision
IMAMATE of such persons who are most sinful Muslims is very detestable
Yet if they do take it up, HF validates MUQTADI's SALAAT without revision
IMAM would read SALAAT in manner that it ends in moderate & brief time
He must care for MUQTADI & must not impress his position being at head
JAMA'AT b/w women is MAKRUH-TEHRIMI so they will read SALAAT alone
If MUQTADI is one, he will stand near at the right of IMAM but behind him
If two, then IMAM stands ahead of them, as he stands usually at JAMA'AT
It's disallowed for men to appoint woman or child their IMAM in JAMA'AT
Men stand first in rows then children and lastly, the women stand in rows
It's notable that it is much better for women to read their SALAAT at home
If female stands very near to male at same row, his SALAAT would be void
For the old women there is no issue if they attend any SALAAT at mosques
It's not valid to follow IMAM who gets impure by urine due to an affliction
Person able to recite the Quran well, shall not follow IMAM unable to do it
The man who makes TAYAMMUM, may lead men, who had made WUDHU
If he wipes KHUFFAIN (the leather socks) he may lead men who wash feet
It’s allowed if he leads sitting those who stand behind him due to a reason
It's void to make IMAM such a person who reads SALAAT by gestures only
MUQTADI must not take IMAM who reads NAFL, when he intends FARDH
But MUQTADI may read NAFL behind an IMAM, who is reading his FARDH
If IMAM saw later that he was not at purity, he needs to inform MUQTADI
All MUQTADI would revise that SALAAT as it becomes void in this situation
It's MAKRUH-TEHRIMA (most detestable) to toil with clothes at his SALAAT
Or to play with a part of his body in it by intention or without any intention
Previous implies that he must not click fingers or/and remove pebbles in it
But if they hinder his sitting or SAJDAH, he may remove them for once only
Neither will he enter fingers into fingers in it nor will he keep hands on hips
The posture of keeping hands on hips is disallowed & mentioned as satanic
Sport-persons must take care to this as they sometimes adopt this posture
He shall not put a sheet at shoulders that its sides hang (it's named SADAL)
Also, he must not read SALAAT with his hair bound even if it's very lengthy
He mustn't see left or right; glancing at sides, not turning face/chest is fine
He mustn't sit like a dog in SALAAT (except if an affliction asks for it to him)
Sitting like a dog means to sit on hips binding knees with both of his hands
Answering by gestures even for SALAAM in the SALAAT makes it MAKRUH
He mustn't sit spreading himself but by reason, as it is MAKRUH-TEHRIMA
He must not talk in it, as talking, eating, drinking, these make SALAAT void
If WUDHU breaks, he must go and make it; then may continue his SALAAT
Continuation ahead of his on-going SALAAT as he returns, is termed BINA
However, it's much better to revise the total SALAAT, especially as of now
If in it the MUSALLI sleeps, faints or laughs (by voice), it's certainly invalid
In Previous, he has to make WUDHU again & then he shall revise SALAAT
If after end of last TASHAHHUD, WUDHU breaks without any of intention
His SALAAT is complete; he makes his WUDHU & sits then makes TASLIM
Previous needs scrutiny as it breaks WUDHU & SALAAT so it is most void
If MUSALLI reading by TAYAMMUM sees enough water, within his reach
His SALAAT is void so he would make WUDHU by that and revise SALAAT
There are 12 issues before or after TASHAHHUD, where he shall revise it
First is as mentioned that he revises seeing enough of water within reach
Second is that the period for MASAH of his leather socks, ends at SALAAT
Third is taking-off both, or one of leather socks, b/w the ongoing SALAAT
Fourth is trying to learn some of the Quran while he reads on his SALAAT
Fifth is that he reads without total clothes to SATAR, & finds b/w SALAAT
Sixth is that MUSALLI reading with gestures, gets ability to read it normal
Seventh is that he remembers that he needs QADHA of previous SALAAT
Eighth is when IMAM forwards in his place a man unable to recite Quran
Ninth is that when the sun rises and he still is reading his SALAAT of FAJR
Tenth is when the time of ASR comes up, during on-going Friday-SALAAT
Eleventh is when the covering of his wound falls, disclosing it has healed
Twelfth is when a woman afflicted by blood-flow, gets relief b/w SALAAT
Note in Seventh that he is SAHEBE-TARTIB, who left a SALAAT, by chance
Note in Eighth, due to HADATH, IMAM needs to bring a MUQTADI ahead
SALAAT needs to be revised even if these issues occur after TASHAHHUD
In case any of these occur before TASHAHHUD, all ask SALAAT's revision
SAHEBE-TARTIB reads SALAAT in sequence if time of current one permits
He's SAHEB to five of SALAAT because QADHA of more asks no sequence
Reading the needed QADHA, returns him his designation again, as SAHEB
There are 3 plus 2 times in 24-hours when to read SALAAT is not allowed
Three are when the sun is rising; when it is overhead; & when it is setting
Two of them are, when he has read his SALAAT of FAJR until the sun rises
And when he has read his SALAAT of ASR till MAGHRIB, when it sets fully
It is not right to read SALAAT at these times, as many of AHADITH clarify
HF allows to read QADHA at two latter times; avoidance is indeed better
Much emphasis is on 2-SUNNAH before FAJR; it's better to read at home
2-SUNNAH after ISHA are also notable and better at TAHAJJUD, at home
SUNNAH-SALAAT are neither FARDH (obligatory) nor WAJIB (necessary)
Every SUNNAH-SALAAT practically is NAFL but every NAFL isn't SUNNAH
NAFL (MUSTAHAB; additional SALAAT) are not asked yet are appreciated
These include two RAKAH that are highly notable before FAJR, at its time
Before ZUHR, there are 4 RAKAH and 2 RAKAH after it; they are SUNNAH
Also, there are 2 RAKAH as SUNNAH after MAGHRIB, & also 2 after ISHA
It is highly better to read 2 SUNNAH after ISHA, at TAHAJJUD late in night
So total of these NAFL come to 12 RAKAH & it's appreciable to read them
If MUSALLI reads FARDH & WAJIB (WITR) leaving NAFL, he isn't blamable
But he shall read the 2-SUNNAH after ISHA & the 2-SUNNAH before FAJR
Both are better at home; former at TAHAJJUD & the latter at time of FAJR
Besides them, other of NAFL also are appreciable, to read all by 2-RAKAH
In FARDH, recitation of the Holy Quran is obligatory, in the first 2 RAKAH
In last two, he may read FATIHA, or may keep silent to its recitation time
In WITR & NAWAFIL & SUNNAH, he would recite the Quran in all RAKAH
In second sitting of the four SUNNAH, it's allowed to read full up-to DUA
But then at 3rd, he would read SANA, A'OOZU-BI-ALLAH, & BISM-ALLAH
Notable is that the ground must be plain at feet & at the place of SAJDAH
If the place of SAJDAH is little raised, it's valid; it mustn't be highly raised
At intense crowd, SAJDAH at the back of the MUSALLI ahead, is valid too
If he has commenced NAFL & abandons by any reason, he must revise it
It is obligatory once started & he would end it even by QADHA if needed
If abandonment is after 2 RAKAH, he shall make QADHA for the last two
NAFL is by twos in general, but maybe read as four RAKAH continuously
It is allowed to read NAFL sitting & he may even start it standing then sit
It is better to leave NAFL at any of physical afflictions & even at traveling
SAHW means slackness (in WAJIB of SALAAT) and repaired by 2 SAJDAH
These SAJDAH are after the SALAAM at right reading last recitation again
Leaving any of FARA'IDH (ARKAAN) in it makes it void & it needs revision
In Previous, notable is that it is not even repaired, by the SAJDAH-SAHW
He may make these after 2 of SALAAM as he remembers he needs them
But validity only is up-to the period he does nothing contrary to SALAAT
If MUSALLI leaves a WAJIB in SALAAT, it needs repair by SAJDAH-SAHW
SALAAT needs these, even when MUSALLI adds, or he leaves something
It may be acceptable generally as part of SALAAT but still it's an addition
For instance, if he reads TASHAHHUD 2 times then he needs to do them
But he may recite SURAH at 3rd or 4th of FARDH, though not necessary
If he delays any of FARA'IDH to notable time then that also needs these
At JAMA'AT, SAHW by IMAM affects MUQTADI; they would follow him
As IMAM mends it by SAJDAH at end, they follow him so the flaw is off
If MUSALLI stood & didn't sit at middle sitting, he'd sit, if he is near to it
In Previous, he doesn't even need SAJDAH-SAHW & his SALAAT is valid
If near to standing & still sits, he needs SAJDAH-SAHW at the last, for it
If he doesn't sit & proceeds, it is most valid by SAJDAH-SAHW at its last
If he stands from last sitting by mistake and remembers before SAJDAH
He must sit again, make SAJDAH-SAHW instantly, read its last recitation
If he makes SAJDAH of 5th RAKAH then he must read 6; last 2 are NAFL
In Previous, he read his FARDH-SALAAT & it does not need any revision
If he suspects whether he has read 3 RAKAH or 4, revision for it is good
If he often suspects such in it, he shall take three; that he sure has read
In Previous, he'd read by sitting in both, and do the SAJDAH-SAHW in it
Patient may read it sitting; he may read by gestures for RUKU & SAJDAH
His SAJDAH is by more of bowing of his head than he does in RUKU in it
To pick anything to forehead for SAJDAH is disallowed; gesture suffices
Reading SALAAT on chairs asks caution as SALAAT this way is awkward
If he's able to read it but lying only, he may read it by pillows at his back
In Previous, feet are towards KA'BAH but this doesn't affect his SALAAT
If he can't read it even by gestures (hands & head), he must postpone it
It is invalid to read SALAAT by gestures of eyes or eyebrows or by heart
If 5 SALAAT pass in Previous, they don't ask him QADHA as he recovers
If RUKU or/& SAJDAH is not possible, he would leave them & stand only
If he faces an affliction during it, he may proceed sitting, by his gestures
And if he starts SALAAT sitting due to affliction & he feels well reading it
In Previous, he shall read it standing at on-going SALAAT, for its validity
Change in posture from the start is fine by reason yet with an exception
That exception is If he starts by gestures but he finds strength to read it
In Previous as exception getting strength to read normally asks revision
SAJDAH-TILAWAT (due by reading verse among 14 verses in the Quran)
These occur at AARAAF (at end), RA'AD, NAHL, BANI-ISRAEL & MARIUM
Others are at HAJJ, FURQAAN, NAML, ALIF-LAAM-MIM (TANZIL), SAAD
And at HA-MIM (SAJDAH), NAJM, INSHIQAAQ, ALAQ; so the total is 14
HF tells that it is WAJIB for reader & hearer, even if it's chance- hearing
HF rules this SAJDAH needs the same conditions, that SALAAT asks at it
So it needs TAKBIR (without raising hands), then SAJDAH same manner
Woman at her period isn't liable to it even if she hears it from someone
However, a man needing bath is liable to make it after he takes his bath
If IMAM reads verse of SAJDAH, MUQTADI shall follow him, in SAJDAH
If someone hears such verse in SALAAT, he shall make after his SALAAT
If he does it at SALAAT, he'd still make it after it too as it doesn't suffice
In Previous, SALAAT is not void yet SAJDAH still remains as due on him
But its recitation at SALAAT, asks it there; it is done as he goes to RUKU
If he hears any such verse & reads the same at his ongoing SALAAT too
As he makes SAJDAH in his SALAAT, SAJDAH due for both is done there
AAYAT (verse) of SAJDAH asks it only once, though read many of times
But it is where he reads it at one sitting only and once fulfills his liability
He may make SAJDAH as he reads it instantly, or after end of recitation
For traveler; there is some ease in reading SALAAT as he shortens there
He is traveler when he is away at-least 48 miles to hometown, in travel
This is distance of about 78 Km where he reads with QASR (shortening)
It depends on his NIYYAH (intention) counted by end of his town's limit
It applies, as the traveler intends his stay at destination, within 15 days
FARDH in it is 2 at FAJR, 2 at ZUHR, 2 at ASR, 3 at MAGHRIB & 2 at ISHA
So FAJR & MAGHRIB don't change; he shall read 2 SUNNAH of FAJR too
He must also read WITR & 2 of SUNNAH before it, at time of TAHAJJUD
If someone reads 4 RAKAH by mistake instead of 2, the last 2 are NAFL
But in Previous, he shall have sat at second RAKAH; otherwise it is void
He'd be ruled as traveler, unless he wills to stay for more than 15 days
If army-battalion wills to stay more than 15 days near to the war-place
They'd still read SALAAT as QASR, & even their will does not value here
If traveler reads SALAAT in following of resident IMAM, he'd read fully
If traveler is IMAM of residents at 4 RAKAH, he would read it by QASR
MUQTADI shall continue reading of remaining after he makes TASLIM
He must inform MUQTADI before its start, that he is a traveler therein
At return to homeland, he'd read it in full even if he leaves within a day
If he leaves his town for good with no residence there, and takes other
So now visiting that, he'd be traveler if he intends to stay there 15 days
If he stays at 2 places near to each other, then the time is taken in total
So he is resident if he travels and stays at places very close, for 15 days
If he stays at sites not close, he is traveler, even if they total for 15 days
For instance, if traveler to MAKKAH goes to MINA, so total stay is more
He'd still remain traveler, as both places aren't very close to each other
Traveler may read 2 SALAAT near to each other, if each is in own timing
HF validates reading of 2 SALAAT very close yet at the respective timing
At voyage by ship, A.H. validates reading of FARDH-SALAAT, sitting in it
SAHEBAIN invalidate reading it sitting except if it is due to a valid reason
If he reads QADHA at travel that occurred as resident, he shall read full
Likewise if he reads QADHA of travel at home, he shall read it, by QASR
Convenience for SALAAT at the travel is valid, for all MUSALLI traveling
It includes both, who travel for good reason, & who travel for bad ones
Other 3 IMAM rule its invalidity for those, who travel by bad intentions
In the Islamic teachings JUMU'AH has special connotation being sacred
JUMU'AH (Friday) is told as that day, when ADAM-AS entered JANNAH
It was JUMU'AH as he entered the world & QAYAMAT would come at it
SALAAT for JUMU'AH occurs at big cities only having spacious MASAJID
JAME'-MASJID used to be main mosque at city; AMIR used to be IMAM
Nowadays, there are many of wide MASAJID & many ULAMA as IMAM
Previous is good being necessary at big cities & it is not asked at villages
But If village is big enough with big mosque & with considerable market
In the village mentioned, JUM'AAH is valid; & it has other conditions too
Its conditions include that the time is for ZUHR (as it is read instead of it)
And it has IMAM's Arabic KHUTBAH before it on time, with sitting in b/w
KHUTBAH is the Friday Speech that IMAM delivers to people attending it
He'd be with WUDHU yet if he gave it without WUDHU, or gave it sitting
Previous though MAKRUH-TEHRIMI would not affect JUMU'AH; it's valid
However, SALAAT needs WUDHU as its condition so without it, it is void
IMAM must give KHUTBAH that praises Allah, & mention His commands
It's read in JAMA'AT (with at-least 3 persons in following besides IMAM)
IMAM may read any SURAH with voice; no SURAH is specific to JUMU'AH
It's not due on traveler, woman, afflicted with illness, child, slave & blind
They would read ZUHR; they may even attend JUMU'AH instead of ZUHR
If he is traveler or afflicted with illness yet becomes IMAM in it, it is valid
If someone reads ZUHR at home & not JUMU'AH without its valid reason
Previous is MAKRUH-THERIMI yet his SALAAT of ZUHR is valid even then
JUMU'AH isn't due on crippled persons or prisoners due to confinement
Joining the JAMA'AT he’d end standing after JAMA'AT to read left RAKAH
There's difference if he joins it at end; SHAIKHAIN ask to read it as stated
I.M. asks to read it as ZUHR if he doesn't find more side of its 2nd RAKAH
As IMAM comes out to KHUTBAH, all at mosque must leave conversation
None shall commence any of SALAAT at that time, but hear the KHUTBAH
Just after that in Arabic, IMAM shall commence the SALAAT for JUMU'AH
EIDAIN are 2 days each year when Muslims express the gratitude to Allah
Both of EIDAIN denote that Muslims are highly pleased, at fasts/sacrifice
At EIDUL-FITR (of RAMADHAN), good to eat sweet dish before its SALAAT
It's good to take a bath, put scent, wear clean dress and leave for SALAAT
He may say TAKBIR going to SALAAT, but not by raised voice; that's better
He mustn't read NAFL before EID-SALAAT; he may read it at home after it
As the sun rises to some extent the time of EID-SALAAT occurs till ZAWAL
IMAM & MUSALLI both read 2 RAKAH, with additional TAKBIR at SALAAT
SALAAT commences same way but after SANA, it has 3 additional TAKBIR
Then it goes on by the usual way but before RUKU at second, has 3 more
At fourth TAKBIR, all make RUKU; rest of SALAAT is same way; it's WAJIB
In additional TAKBIR at first RAKAH, hands are raised and held at the 3rd
In additional TAKBIR at 2nd RAKAH, hands are raised, RUKU made at 4th
After it, IMAM shall deliver KHUTBAH, and teach issues about SADAQAH
Salat of EID has no QADHA but now, it's read at many places; easy to get
It's feasible to read SALAAT at the next day of EID, if there is valid reason
But if it's not read even at the 2nd day, it's invalid to put it to the next day
At EIDUL-ADHAA, nothing is eaten before SALAAT but only after sacrifice
He'd go towards the place of EID; at this EID, say TAKBIR raising his voice
He'd read EID-SALAAT in it too as EIDUL-FITR & IMAM delivers KHUTBAH
He shall teach about QURBANI (sacrifice of animal); & TAKBIRE-TASHRIQ
TASHRIQ are the days of HAJJ; TAKBIR starts at FAJR of 9th of ZIL-HAJJAH
TAKBIR are said after each SALAAT from FAJR of 9th until ASR of 13th day
If SALAAT for this isn't read at EID, it may be read at 2nd, or even 3rd day
TAKBIRE-TASHRIQ in these days, is recited by MUSALLI following manner
ALLAHU-AKBAR, ALLAHU-AKBAR, LA-ILAHA-IL-ALLAHU WALLAHU-AKBAR
ALLAHU-AKBAR WA LILLAH-EL-HAMD; in brief, "praise is for ALLAH only"
At solar eclipse, SALAAT (2-RAKAH) is read to ask Allah's mercy & His care
There is no ADHAN & no IQAAMAT but JAMA'AT in SALAAT at solar eclipse
And this SALAAT is read as regular SALAAT & IMAM doesn't say KHUTBAH
IMAM reads by voice in it and makes DUA facing KA'BAH until light returns
IMAM leading this SALAAT would lead it by long recitation in it at mosque
If the mentioned IMAM is not available, the people may read it individually
At the lunar eclipse whoever wills to read SALAAT he may read individually
SALAAT for ISTISQA is to ask Allah for rain when it stops, to end the worry
IMAM reads 2-RAKAH SALAAT with recitation by voice and gives KHUTBAH
And he makes DUA facing KA'BAH, & turns sides of sheet worn at shoulder
According to HF, IMAM only turns it over, as MUQTADI do not turn sheets
ISTISQA is the specific plea of Muslims to Allah & they only would attend it
TARAVIH is SALAAT at nights of RAMADHAN (20 RAKAH); it needs JAMA'AT
After each 4 RAKAH, there is a wait for the same period as 4-RAKA'AH takes
But this is not necessary & is not observed for much time but for little while
SALATUL-KHAUF is read at utmost fear (from wild animals & deadly enemy)
It is either read with JAMA'AT with one group at guard or either individually
AT KHAUF (fear), MUSALLI may read it upon animal, he rides facing KA'BAH
There are ways to read it by JAMA'AT and the best is by division into groups
One keeps guard and the other reads 1st RAKAH with IMAM & 2nd by itself
IMAM waits after first RAKA'AH sitting as the group ends SALAAT & departs
Now the guard arrive so he stands & leads them; they end it by their-selves
So IMAM reads his 1st RAKA'AH with the first group & 2nd with the second
Both end their 2nd RAKA'AH by own standing for it and IMAM waits or ends
QUDURI tells another way to it; first group leaves when it reads first RAKAH
And 2nd group comes and reads 1st RAKAH with IMAM and departs after it
Then the first group comes again to its SALAAT & completes the 2nd RAKAH
And then the second group does the same; this asks gaps in SALAAT of both
Better way among the two seems the first manner to read SALAATUL-KHAUF
Today, it's most feasible that these groups read by two JAMA'AT, one by one
JANAZAH-SALAAT is to ask ALLAH for the Muslim's mercy just after his death
His face when near to death is turned to KA'BAH; KALIMA is recited near him
Someone binds his mouth (& his thumbs of feet too) & closes eyes as he dies
He says "by the name of Allah; he was on way of followers to Prophet PBUH"
He is laid on the wooden bed to give him bath with cloth that is on his SATAR
The wooden bed is smoked by any scented material burnt at pot three times
His clothes are taken-off without disclosing his SATAR & his stomach rubbed
Then by gloves at hands, his anus is cleansed of filth with few sandy pebbles
He is given WUDHU (FARAIDH only) without putting water into mouth/nose
But if he died in need of bath, his mouth & nose are rinsed by clean wet cloth
His hair is rinsed by water with appropriate plant mixed in it, to soften it well
Orifices at face (mouth, nose, ears) are plugged by cotton-balls to stop water
Water taken for bath is boiled with leaves of BAIRI (green-berry), or it's pure
Turning him to left, the water is put full upon him, onto right side three times
Turning him to right, the water is put full upon him, onto left side three times
So 3 complete washings are provided to the dead body of the Muslim person
He's bit raised with SATAR covered & stomach rubbed to wash-away any filth
To ensure no filth remains, certain water is put at back with SATAR concealed
Body is wiped by clean dry cloth (SATAR covered) & cotton balls are removed
Hair & Beard are rubbed by scent & any worthy scent at hand, will do for this
Such parts that have touched the ground at SAJDAH are rubbed by that softly
These parts include forehead, nose, fingers of the feet & of hands; even palm
This is the manner by SUNNAH; FARDH is done if washed once by clean water
Men are shrouded in KAFAN of 3 clothes; IZAAR, KAMEEZ, LIFAAFA (covering)
IZAAR is from the head to feet; it covers both with a width to wrap him whole
KAMEEZ is a cloth from neck to toes, double in size, for dressing to both sides
It's doubled & hole is cut at the middle to pass the head through & it is put-on
It's one big cloth with no holes for arms; after this only, SATAR-cloth is drawn
LIFAAFA covers whole of the dead body fastened at both above & below of it
Way applied is that LIFAAFA is spread & IZAAR is put on it, both nearly equal
First, KAMEEZ is put to him, then IZAAR & then LIFAAFA (right side upon left)
There is high care to SATAR and after this all is done, cloth at SATAR is drawn
Women's KAFAN has five clothes in it, as additional are KHIMAAR & KHIRQA
KHIMAAR is to bind her hair; KHIRQA to bind her breasts & extends to knees
She may be given KAFAN in 3 clothes that are IZAAR, KHIMAAR and LIFAAFA
Way applied is KAMEEZ, KHIMAAR, KHIRQA, IZAAR and LIFAAFA covers fully
Hair isn't combed; nails aren't cut; KAFAN is smoked by scent for 3 or 5 times
AMIR has priority to lead SALAAT of JANAZAH & second priority is for QADHI
The 3rd priority is for the IMAM of the mosque in vicinity to read the SALAAT
IMAM shall ask consent to lead JANAZA-SALAAT as WALI may read it himself
WALI may allow any other to read; it's DUA to ask Allah for kindness to dead
If it's read by other than AMIR without consent of WALI, he may ask revision
If WALI has already read it with few men, no one has the right to ask revision
If a person is buried without it, it may be read near to grave but within 3 days
Three days in Previous are the standard period; at cold places it may be more
JANAZAH-SALAAT as mentioned is DUA for the deceased; it has 2 FARDH in it
FARDH are 4 TAKBIRAAT & QIYAAM (standing) in it; IMAM stands at its chest
After TAKBIR, he reads SANA, says 2nd TAKBIR, and reads DURUD-IBRAHIMI
And says 3rd TAKBIR; then reads DUA for own & for deceased & for Muslims
And says 4th and ends instantly; he may read by TAYAMMUM if time is short
It shall have rows in odd number; if only few they shall still make rows in odd
If someone joins it after it has started, he'd pronounce left TAKBIRAAT at end
He mustn't raise hands in its TAKBIRAAT, except for the first one that starts it
JANAZAH-SALAAT is read out of MASJID as it's not feasible to read that inside
JANAZAH is taken fast to grave; people would not sit before it's put at ground
The grave is dug then if not ready; notable is that it isn't read for few persons
It's not read for non-Muslim and the person who has killed any of his parents
It's also not read for MURTAD (person who leaves Islam & goes another way)
It is not read for such dacoits & rebels who are killed at dacoity or at rebellion
If the death is by suicide, it's read; but the Muslims must always avoid suicide
Graves are of two types; one is similar to big hole, where dead body is buried
And other is made by digging wall at the side near to the hole's base to bury it
The hole remains empty & the dead body is buried at side that is near its base
According to the place, any type is valid; it's laid inside with its face to KA'BAH
Person who lays it unfastens LIFAAFA's ties & he repeats words said at death
He says, "by the name of Allah; he was on way of followers to Prophet PBUH"
Rough unprepared bricks are put upon the grave but not the prepared bricks
It is not covered by wooden planks & all persons there put 3 handful of sand
They start, putting by the side of head, reading verse of the Holy Book Quran
"From it We created you & to it, We return you & from it We'd..." (TAHA-55)
It remains as bit raised up-to hand's length or so but not much, in oval shape
If child at birth cries then dies instantly, he's given name & bath, then buried
Before burial, he will also have JANAZAH-SALAAT; his matter is near to usual
If it's still-birth, it's given name & bath too; then wrapped in a sheet & buried
In Previous, JANAZAH-SALAAT is not read, but FIQH differs about giving bath
Rulings for SHAHEED killed at war, or whom Muslims kill unjustly, are unique
He's given KAFAN but not bath except when he dies after living for some time
JANAZAH-SALAAT is read for SHAHEED but blood of his wounds isn't washed
His clothes aren't taken-off except for additional clothes & socks or weapons
If killed in QISAS, he'd be given bath & KAFAN; JANAZAH-SALAAT is also read
SALAAT inside KA'BAH is valid by any direction; it's QIBLAH & it's valid at roof
In JAMA'AT around KA'BAH, MUQTADI shall keep facing it in the best manner
ZAKAAT - SAUM – HAJJ
ZAKAAT is to purify; It's Islamic Command to give the poor by own resources
It's financial support to needy in the way of Allah to purify all finance at hand
It's due on the date assigned for it each year if he has resources up-to NISAB
NISAB is the resources to value of 87.5 grams of gold or 612.5 grams of silver
He also must have complete control and custody over his resources to NISAB
Debts payable are deducted from his resources & still it must be up-to NISAB
If at the date specified he has NISAB & at previous year too, he had it on that
So, he is liable to pay ZAKAAT even if in b/w the year, he had lesser than that
ZAKAAT is not due on anything else but gold, silver, stocks-in-trade, currency
Total of these 4 with him, decides NISAB for him, after deduction of his debts
Place rented is not stocks-in-trade; ZAKAAT comes onto the profits upon that
If he buys things for use at home, it isn't stocks-in-trade even if he sells them
His debts receivable also ask for ZAKAAT and few animals too ask for ZAKAAT
He may pay for his receivables each year or he may pay for that, at realization
But debts receivable will add to resources to assess the amounts that's NISAB
Intention is necessary for ZAKAAT; it is not necessary to disclose it to receiver
ZAKAAT isn't due on child, lunatic; or debtor when debt makes it below NISAB
So if debts payable are such that they lessen amounts from NISAB, it isn't due
If payments in charity is not yet spent by needy, intention for ZAKAAT is valid
Whoever gives all amounts in charity, he doesn't remain liable to pay ZAKAAT
Camels, bulls, cows, sheep, goats, horses ask for ZAKAAT, if grazing naturally
It's due on them if they graze for much part of year, if they are tamed animals
Other of animals do not ask for ZAKAAT unless they are in the stocks-in-trade
One year camel is BINTE-MAKHADH; 2 years BINTE-LABUN; & 3 years HIQQA
In camels, ZAKAAT starts at 5; a sheep is due on each 5 up-to 20 & valid to 24
From 25 to 35, it asks a BINTE-MAKHADH and from 36 to 45, a BINTE-LABUN
From 46 to 60, it asks a HIQQA and from 61 to 75, it is a JAZA'AH (of 4 years)
From 76 to 90, it asks 2 BINTE-LABUN & from 91 to 120, it asks for 2 HIQQA
Camels of any sort ask these figures as ZAKAAT; QUDURI tells for even more
In bulls & cows (that graze naturally), ZAKAAT becomes due, as year elapses
ZAKAAT on them starts at 30 as each 30 of them ask in it for one, of one year
Each 40 of them asks one of them of 2 years; & calculation remains this way
For 60, two of one year are due; for 70, one of a year & one of 2 years is due
For 100, two of one year & one of 2 years is well; so calculation remains easy
In sheep (& goats), it starts at 40 and to 120 of them, ZAKAAT is one of them
From 121 to 200, ZAKAAT is 2 sheep (or goats) & above 200 to 399, it's three
In horses too (that graze naturally), ZAKAAT occurs as a year passes on them
Payer must have both male & female horses as only the male don’t ask for it
He may pay for each a DINAR, or assess their MP and pay its 2.5% as ZAKAAT
Other animals don't ask for ZAKAAT except if they're stocks-in-trade with him
They shall be paid by 2.5% of cost-price as stock, even if lesser in the quantity
Note that SAHEBAIN vary about horses; they don't take them liable to ZAKAAT
ZAKAAT is paid to administration if it takes all Islamic Commands into practice
Only the adult animals are counted in it; calf, lamb, colt, aren’t counted for it
If tamed animals are employed at household work, ZAKAAT isn't due on them
Officials shall not ask for best of animals in ZAKAAT; they shall care for justice
ZAKAAT assessed remains due, even if few camels (or goats) die; it is payable
So if he had total 45 goats and 5 of them die, he shall still pay one as ZAKAAT
ZAKAAT may be paid beforehand by assessment, yet better at specified date
If he has specific date then it is charity if he doesn't have NISAB on that date
In Silver, NISAB is 200 DIRHAM (612.5 gm.); which asks 5 DIRHAM in ZAKAAT
Every 40 DIRHAM on 200 of NISAB adds one DIRHAM into ZAKAAT onwards
In Gold, NISAB is 20 DINAR (87.5 gm); that asks for half of DINAR in ZAKAAT
Gold & Silver ask for ZAKAAT in any form present and they are counted for it
In Stocks-in-Trade too, it's due; its value is by Silver's MP; its ZAKAAT is 2.5%
When it equals or surpasses the value of NISAB of silver, it's liable to ZAKAAT
It must be in accordance to NISAB at both ends of year & needs will to give it
USHR is the amount given, from the produce of fields & the fruits of gardens
Lands are two types; USHRI & KHIRAJI (that Muslims get by enemy by wars)
So when Muslims leave them in hands of enemy & take tax on it, it's KHIRAJI
USHR is tenth part of produce if watered with ease by flowing waters or rain
USHR is half of tenth part if its produce asks irrigation, with some effort to it
USHR is not due on the produce unless it is more than 5 WASAQ i.e. 300 SA'
HF takes SA' as of 3.2 Kg, so if produce is lesser than 960 kg, it has no dues
USHRI asks for USHR only and KHIRAJI remains that, even if Muslim buys it
USHRI needs to pay USHR, except the wood & its types and grass produced
HF asks USHR at honey too if up-to 72 Kg., but lesser doesn't ask any (I.M.)
Note that SHAFA'I & MAALIK both rule that honey does not need any USHR
Even HF clarifies that there is nothing on grains & fruits, cultivated at home
Payment of ZAKAAT is towards the poor & the needy as told in TAUBAH-60
AAYAT mentions 8 persons liable to it; First is poor much deprived of needs
Second is the needy who has something but not enough for his sustenance
Third is as wages to capable and honest officials appointed on its collection
Fourth is to empower weak Muslims on Islam and draw non-Muslims to it
But Previous is mentioned as not feasible after times of the Prophet PBUH
Fifth is to free persons who are confined by no respect to any Justice truly
Sixth is to free debtors pressed by heavy debts, that affect the sustenance
Seventh is in way of Allah; it's to warriors for the Islamic cause & TABLIGH
Eighth is for the traveler, who becomes needy away from his home by fate
Paying of ZAKAAT to anyone of them, or to give all of them, has the validity
ZAKAAT isn't valid paying to non-Muslim or any other necessary SADAQAH
SADAQAH (charity) not obligatory may be given to anyone; it must be seen
Note that ZAKAAT needs TAMLIK for it which means to give it in possession
So, it is not feasible to use it at building of mosques, or as funeral expenses
But it's virtuous for him if he gives donation to previous other than ZAKAAT
ZAKAAT is invalid to provide to any person in forefathers or in descendants
Previous applies to mother and grandmother too; also, it's not valid to wife
The wife too is disallowed to pay that to husband as it does not end liability
ZAKAAT isn't given to SAYYED (SHARIF) family related to the Prophet PBUH
SHARIF are all descendants of reputable ALI, JA'FAR, AQIL, ABBAS, HARITH
Three of them (ALI; JA'FAR; AQIL) are the first cousins of the Prophet PBUH
Other two (ABBAS & HARITH) are his paternal uncles; & all named HASHMI
If he pays his ZAKAAT by mistake to unworthy, it's paid except if disbeliever
Whoever has NISAB, even if by household things, he is unworthy to receive
In Previous, things which are unused would also be counted to view NISAB
For payer, gold, silver, stocks, cash is counted; for receiver, all above needs
If receiver hasn't enough to make him SAHEBE-NISAB, it is valid to give him
He shall pay it at place he is in, except if it's to needy relatives at other place
FITR are amounts that are given in charity at EID, at the end of RAMADHAN
In FITR, all above need is counted, to get the NISAB (i.e. 612.5 gm of Silver)
Payer 's NISAB is as stated; receiver will not have it by the total of all he has
It's due for him; his small children; he may pay for his wife too if he intends
Notable is that the woman will pay it by her own if she has gold, silver, cash
It is due at FAJR of EID; whoever finds it, he is liable to pay the FITR amount
FITR is the M.P. of half of SA' (1600 gm) of wheat; & he may pay more even
He may pay FITR by full SA' of Dates or Resins, which value more in amount
It may be paid before SALAAT of EID even in RAMADHAN & it has emphasis
SAUM (Fast) is in 2 ways; FARDH (obligatory); MUSTAHAB (commendable)
Then former has 2 types; of RAMADHAN; & of specific day/s he intends for
Obligatory SAUM needs the intention from the night, as that makes it valid
But even if he intends before ZAWAL (sun at mid-heaven), his SAUM is fine
But in Previous, he mustn’t have done anything against asking of his SAUM
Second of obligatory is intending SAUM at unspecific days by some reason
It may be QADHA of left SAUM at RAMADHAN; it may be SAUM of NADHR
QADHA means compensation for obligation left & NADHR is taking an oath
It also includes SAUM in KAFFARAH as ZIHAR; these are unspecific by days
This obligatory SAUM does need intention at night before FAJR, for validity
For NAFL (MUSTAHAB), the intention for SAUM is fine before ZAWAL even
Woman is disallowed to keep NAFL-SAUM without her husband's consent
Breaking NAFL-SAUM doesn't ask KAFFARAH even if by will; but if QADHA
KAFFARAH is paying amount to the poor (or feeding), in the compensation
The command of SAUM relates to RAMADHAN that asks to view the moon
If atmosphere is not cloudy, it needs the word of many of men of seeing it
It's needed to view the moon as lunar month either has 30 or 29 days in it
So after 29th SHA'BAN, the witness of a group is needed to it if sky is clear
At cloudy atmosphere, it is valid, even if one of ADIL men/women testifies
AADIL is the Muslim who avoids strictly all of KABA'ER (major sins), by will
He/she cares not to persist on SAGHA'ER (minor) too, & leans to goodness
After 29th RAMADHAN at mist, two AADIL men shall testify of seeing moon
In Previous, if a man & 2 women testify to the moon, even that is valid in it
Calculation is not enough to moon's presence as few must see it practically
SAUM occurs from FAJR, before sunrise to after sunset; it is for the full day
Whoever is at SAUM, leaves all eating/drinking at this specific space of time
He shall evade going near to wife as SAUM asks to stop from sexual act too
Intention too is needed to it before ZAWAL; better is intending to all month
If someone eats or drinks forgetting SAUM, it doesn't break by any of such
If he loses semen at sleep or let his blood be drawn, it doesn't affect SAUM
If he kisses his wife & loses it, it breaks and asks QADHA but not KAFFARAH
By the unstoppable vomit, SAUM doesn't break, if he doesn't take-in inside
If he could have stopped it, & it is near to filling his mouth, it'd break SAUM
If he takes-in a thing inedible by will as pebble or like it, QADHA only is due
If he eats the edible by will even if medicine, it needs QADHA & KAFFARAH
KAFFARAH is as KAFFARAH to ZIHAR; SAUM broken asks one QADHA for it
If something small is at gums or teeth & he takes-in, it doesn't break SAUM
If he takes it out & then takes it in, it breaks by the intentional act he makes
Smoke taken-in without any will, doesn't break SAUM; if by will, it breaks it
Smells don't break it, yet it is better to avoid smelling of scents intentionally
Medicine at orifices taking it to stomach breaks it, especially by nose & ears
Even medicine at ears, breaks SAUM though moist there doesn't affect that
Wounds at stomach or at head where blood flows inside, breaks SAUM too
Tasting doesn't break it if doesn't affect the esophagus, yet not appreciable
If woman chews something to feed her child, it is fine if she doesn't take in
Chewing on thing that doesn't leave moist does not break it but despicable
Patient or traveler does not need to keep SAUM, if he finds difficult for him
But if patient gets well & traveler gets to destination, he shall fulfill QADHA
If QADHA is due & other RAMADHAN comes, he shall keep his SAUM for it
After RAMADHAN, he shall compensate for previous SAUM by his QADHA
He would make QADHA necessarily; he isn't liable to pay FIDYAH against it
FIDYAH is SADAQAH against SAUM if he/she genuinely is unable to keep it
He would keep QADHA for his SAUM either continuously either separately
Pregnant or feeding woman is allowed to leave SAUM if she feels adversity
Adversity is that she feels keeping SAUM may affect her, or her child much
Old man incapable to keep it, shall feed for two times a poor, for each one
Previous is FIDYAH to SAUM & it equals value of half of SA' wheat, to poor
NAFL-SAUM if he breaks it asks QADHA only & doesn't ask any KAFFARAH
If child turns adult at mid-RAMADHAN, he shall keep SAUM at days ahead
The ruling also applies to a person, who accepts Islam during RAMADHAN
If MA'TUH (affected by lunacy) gets well, he will keep SAUM in days ahead
He shall make QADHA for other of SAUM that he has lost, at other of days
If a person faints & nothing is put to his mouth till sunset, his SAUM is fine
If he remains in the situation for few days, he shall make QADHA to SAUM
Woman at menses shall leave SAUM but she has to make QADHA for them
At recovery at the mid-day, she will act as if she is at SAUM, for rest of day
Same is good for the traveler who has reached his destination at its middle
QADHA is due on person who eats after FAJR thinking it's yet time of SEHR
And on him too who eats before MAGHRIB (sunset) taking it time of IFTAR
SEHR is to take-in something before FAJR; & IFTAR is after MAGHRIB for it
He doesn't need to give KAFFARAH for SAUM, if lost by misunderstanding
If he feels he did see the moon after 29th of SAUM, at cloudy atmosphere
In Previous, he'd not make EID by his own; he will keep SAUM with others
It requires 2 men (or a man & 2 women) to testify for EID, at this situation
When atmosphere is clear, it needs group of people who testify to its view
SAUM at ASHURA is virtuous with a day before or ahead & 9th ZIL-HAJJAH
Six SAUM at 10th Lunar month; & 15th of 8th lunar month is also virtuous
These are NAFL (praiseworthy), for the person who keeps them with ease
AE'TEKAAF means to reside at mosque in the state of SAUM with intention
It has 3 kinds; WAJIB, SUNNAH & NAFL & former occurs by one's own will
SUNNAH is the AE'TEKAAF that's taken from 21st of RAMADHAN to its last
NAFL is all other of AE'TEKAAF; if it is intended at entry to mosque, it's fine
WAJIB needs SAUM & must be continuous in days; it's done with intention
SUNNAH is at the last of RAMADHAN so it also occurs at the state of SAUM
But NAFL doesn't need SAUM or QADHA, & it may only be for few minutes
At its disruption in RAMADHAN, it needs QADHA for all remaining days left
Disruption of WAJIB asks for it too; it must remain continuous when taken
Nearness to wife is disallowed at AE'TEKAAF as that may lead to its QADHA
Person at AE'TEKAAF will leave the mosque only for JUM'A or call of nature
He may deal in edibles or/& necessities, without bringing a MABI' with him
Total silence at this state isn't worthy so he must say virtuous things at this
Leaving mosque for an hour even (without need) invalidates his AE'TEKAAF
HAJJ is to intend for virtues that denotes visiting MAKKAH & adjacent area
It's done at last lunar month (ZIL-HAJJAH); it became FARDH at 9th HIJRAH
The Prophet PBUH performed it at 10th year; it shows its delay is not good
If finances & strength permits; and no danger is at way or/and laws averse
It's done by the rituals in specific sequence, as taught by the Prophet PBUH
Let's view it whole briefly before proceeding for rulings about it at QUDURI
Beginning of Its holy rituals is from eighth of the month, to few days ahead
HAJI makes intention for HAJJ wearing 2 sheets that is special apparel for it
This is EHRAAM that is not only sheets but commitment to HAJJ; it’s FARDH
HAJI puts-on EHRAAM at 8th & stays at MINA till FAJR of 9th of ZIL-HAJJAH
Previous is in TAMATTU' when after UMRAH, he has taken-off his EHRAAM
In QIRAAN, he doesn't take-off EHRAM joining HAJJ with the UMRAH done
It's notable that he may leave MINA after MAGHRIB at start of the 9th day
Secondly, after MINA he goes on to ARAFAH, reading ZUHR & ASR at there
It is most necessary to stay at ARAFAH in rituals of HAJJ; it's among FARDH
Thirdly, after MAGHRIB, at start of 10th night, he goes on to MUZDALIFAH
There at MUZDALIFAH, he reads MAGHRIB & ISHA together and then FAJR
Fourthly, after FAJR of 10th day before sunrise he proceeds to MINA again
There, he hits JAMRATUL-AQABAH (i.e. wall denoting big satan) for 7 times
He hits it by pebbles he takes at MUZDALIFAH; today, he hits big satan only
There are 3 of walls that denote satan; other two are hit too at 11th & 12th
Fifth step is that he sacrifices an animal & sixth is that he shaves-off his hair
Then he changes to ordinary clothes but HAJJ is not yet over; rituals remain
He circles KA'BAH 7 times from HAJARE-ASWAD, with his left-shoulder to it
TAWAF comprises of these 7 rounds; at end he is at the HAJAR for 8th time
So the 7th step is this TAWAF-ZIYARAH; it also is among the FARDH of HAJJ
Eighth is to make SA'I (walk b/w places SAFA and MARWA) for seven times
Each walk counts to end at MARWA; he reads 2 RAK'AAH, before or after it
These two maybe read anywhere at the Mosque, then he drinks ZAM-ZAM
There are many of outlets there which provide the holy water of ZAM-ZAM
Ninth is that he hits all of JAMRAAT at MINA, at 11th & 12th after ZAWAAL
Finally, it's KA'BAH's TAWAF-WIDAH (farewell circulation), to become HAJI
He has to make it as he leaves MAKKAH; by these 10 steps, HAJJ completes
Al-Hamdu Lillah, it is the spiritual healing that makes him pure from his sins
HAJJ certainly is obligatory for Muslim who is adult, sane and well in health
He must have finances for fare of its way; & for necessities at travel in HAJJ
He must provide his family with all the necessary sustenance, till he returns
And there's nothing adverse to it by administrative policy & way to it is safe
Woman also needs to have MEHRUM (i.e. father, brother, son or husband)
EHRAAM; the stay at the holy grounds of ARAFAH at 9th; TAWAF-ZIYARAH
Previous 3 are FARDH in HAJJ necessary to do; its WAJIB are above twenty
Staying at ARAFAH is valid even if HAJI stays for brief period after ZAWAAL
There are sites, going to MAKKAH, where putting-on EHRAAM is necessary
These (MEEQAAT) are at all its directions; those living beyond, are AAFAQI
All AAFAQI need to take EHRAAM going to MAKKAH to their UMRAH/ HAJJ
UMRAH may be performed at any time (& even with HAJJ) with few rituals
It doesn't need going to the adjacent places & remains to the holy Mosque
MEEQAT for AAFAQI from MADINAH is the place called as ZUL-HULAYFAH
For Iraq, MEEQAAT is ZAATUL-IRQ; for Syria, it's JUHFA; & for Najd, QARN
For Yemen, it's YALAMLAM; this is MEEQAAT to AAFAQI from Pakistan too
Anyone living inside a MEEQAAT, yet beyond HARAM (MAKKAH & nearby)
Such person would take his EHRAAM for UMRAH or HAJJ, at his own place
For making UMRAH, the person at MAKKAH has to go beyond the HARAM
He shall take EHRAAM from its outside and come back to it for his UMRAH
Even residents at HARAM need to go outside to take EHRAAM for UMRAH
For HAJJ, they don't need to go outside, they'd take the EHRAAM at-home
At EHRAM, he'd make WUDHU or take bath & wear it by intention of HAJJ
He may read 2-RAKA'AH & say TALBIYA, denoting that he believes in Allah
O ALLAH! I am here only to remember You, and there is no partner to You
O ALLAH! Praise is for You; Goodness is for You; Authority belongs to You
At HAJJ, he mustn't go near his wife & avoid all wrongs strictly & quarrels
He may not hunt animals, or indicate it; he may not wear KAMEEZ or IZAR
He may not wear anything on EHRAAM or socks but tearing it from above
He may not wear cap/turban & may not cover face and may not put scent
He may not shave any of hair or wear perfumed sheet, but if washed well
Bathing at EHRAAM, taking shade, wearing belt and wallet; these are valid
He mustn't bathe or wash hair/beard by scented cleaning thing, or a soap
He must say TALBIYA at climbing or descending anywhere; it would go on
He must say TAKBIR (Allah is greatest) & KALIMA seeing HAJARE-ASWAD
If possible then, he may kiss it or touch it; but it must not trouble anyone
At extremely high number of people, it is enough to indicate by hand to it
He must do TAWAF by IDHTIBA' (taking sheet with right shoulder naked)
In first 3 circles in it, he would make RAML (i.e. walk fast, very gracefully)
This TAWAF is for QUDUM (arrival) that HAJI coming from far shall make
TAWAF-QUDUM is not necessary for residents living already at MAKKAH
Then he'd make SA'I at SAFA-MARWA; it starts at SAFA, ends at MARWA
SA'I is due to search of BIBI HAJIRA-RA for water for infant (IS'MAEL-AS)
There was place at this search where she couldn't see him & walked fast
Even today at site, men have to run a little at the indicated space for SA'I
He'd remain at MAKKAH till he finds days to HAJJ for which he had came
HAJJ starts at 8th (TARWIYA) of ZIL-HAJJ, & 9th (ARAFAH) is its main day
10th of ZIL-HAJJ is the EID-day (NAHR); he performs few rituals on it too
SAUM denotes love to Allah at RAMADHAN & HAJJ denotes it at ZIL-HAJJ
The Holy Quran mentions RAMADHAN (and ZIL-HAJJ) by name in its text
Other months are not mentioned by their names at the Holy Book Quran
On 8th he'd leave for MINA; on 9th he'd stay at ARAFAH up-to MAGHRIB
After ZAWAL there, it’s the best day & best place to ask ALLAH for mercy
Then after MAGHRIB at the start of 10th, he shall leave for MUZDALIFAH
He has to stay except MUHASSIR where Allah destroyed ABRAHA's army
ABRAHA had come to destroy KA'BAH; SURAH-Feel narrates the incident
At FAJR before sunrise, he would go to MINA & hit JAMRAT-UL-AQABAH
Then he'd give sacrifice of goat, shave hair; and change to ordinary dress
He'd make TAWAF-ZIYARAH (IFADHA); make SA'I at SAFA-MARWA there
At next couple of days, 11th & 12th, he shall hit all 3 JAMARAAT at MINA
He may hit them at 13th too, if he wills; his HAJJ ends by farewell TAWAF
As AAFAQI, he has to perform the farewell TAWAF as he leaves MAKKAH
At HAJJ, the woman does like the man but she wears ordinary dress at it
Also, she shall cover her head yet uncover her face, but by care to HEJAB
She'd not raise her voice & she'd not make RAML or walk fast at her SA'I
She would not cut much of hair, but just about little from the last of that
QIRAAN is one of 3 kinds of HAJJ; they are IFRAD, TAMATTU' & QIRAAN
In IFRAAD, HAJI makes HAJJ; In TAMATTU' he does UMRAH & then HAJJ
In QIRAAN, he doesn't put-off EHRAAM after UMRAH, unlike TAMATTU'
In TAMATTU', he takes EHRAAM again after UMRAH, for HAJJ he will do
In QIRAAN, he observes HAJJ-restrictions after UMRAH too in EHRAAM
At the days of HAJJ, he completes it, shaves hair after it then takes it off
IFRAAD doesn't ask sacrifice; AAFAQI are expected taking-up TAMATTU'
They may take-up QIRAAN and do as mentioned yet remain at EHRAAM
From MEEQAT to shaving of hair at HAJJ, he has EHRAAM & restrictions
TAMATTU' & QIRAAN both ask animal's sacrifice & he may even eat of it
Leaving any WAJIB or leave the sequence asks a DAMM (one more goat)
He may take one part in cow, bull or camel for sacrifice that have 7 parts
Now, amounts are deposited at a bank for sacrifice so it is done officially
If he isn't able to do so, he shall fast for 3 days; the last being at ARAFAH
He shall fast for seven days after HAJJ even at-home, for total of 10 days
He shall keep his 3 former fasts before NAHR; this he shall do necessarily
QIRAAN asks UMRAH before HAJJ; if missed reaching late, needs DAMM
His intention to QIRAAN is off then; he shall make QADHA too of UMRAH
For UMRAH, he takes-up EHRAAM at MEEQAAT, and does TAWAF & SA'I
He'd shave (or shorten) hair & UMRAH is done then he puts-off EHRAAM
Then he puts-on EHRAAM by intention of HAJJ at the holy mosque there
He may take it anywhere in MAKKAH at 8th with high care to his sacrifice
After rituals of HAJJ as he shaves hair, he'd change EHRAAM on 10th day
Residents at Makkah are disallowed TAMATTU'/QIRAAN but IFRAAD only
HAJI at TAMATTU' mustn't go home before end to HAJJ; this invalidates it
If woman gets menses there after TAWAF-ZIYARAH, her HAJJ is complete
She'd hit the JAMRAAT leaving the farewell TAWAF; she'd not pay DAMM
If before, she shall do rituals but TAWAF-ZIYARAH & SA'I & leave SALAAT
TAWAF-ZIYARAH is FARDH; she shall wait to do it later, when she is clean
If delayed after cleanliness, DAMM occurs; if it's left, her HAJJ turns void
JINAYAAT means prohibited things in HAJJ so, if done, ask for KAFFARAH
If HAJI uses scents to full part of body, he is liable to provide DAMM in it
If he uses it to some of the part, he will pay SADAQAH 1600 gm. Wheat
If he wears stitched cloth or covers head full day, he will provide DAMM
Shaving of more than fourth of head before HAJJ, asks DAMM upon this
DAMM occurs, if he shaves back of neck to cup (sucking of blood at site)
If he cuts all nails, he'd pay DAMM; this occurs even if it's one hand only
If lesser than 5, he'd pay SADAQAH to each, even if different hands/legs
If he puts-on stitched clothes/scents, shaves at need, he pays SADAQAH
He may give DAMM or keep 3 SAUM; 3 SA' wheat to 6 needy, is also fine
HAJJ gets void by sexual relation to wife at HAJJ; he shall also pay DAMM
In Previous, HAJJ isn't void if it's after ARAFAH; camel/cow is valid to pay
If after HALQ (shaving), then it needs goat as DAMM in its compensation
He shall make QADHA for HAJJ later, & his wife may accompany him in it
UMRAH too is void by sexual relation to wife & it needs QADHA & DAMM
DAMM in Previous is of goat; he shall act as still he is at UMRAH ending it
Notable is that if HAJJ gets void, he'd pose then too as he's at HAJJ till end
If he does TAWAF-QUDUM without WUDHU, he'd pay normal SADAQAH
If he does it needing GHUSL (bathing), then it needs camel/cow in DAMM
But, if he revises TAWAF-QUDUM within 3 days, DAMM removes by that
He must pay SADAQAH asking ALLAH for mercy; this site is totally sacred
If he does farewell TAWAF without WUDHU it asks for normal SADAQAH
If he does it needing GHUSL, it needs goat as DAMM, in its compensation
Leaving SA'I or necessary TAWAF asks DAMM (goat) in its compensation
Note that if DAMM removes from HAJI, he still has to give SADAQA for it
If he moves away from ARAFAH before MAGHRIB, this asks for a DAMM
If he leaves stay at MUZDALIFAH or hitting JAMRAAT, that asks a DAMM
DAMM refers to a sheep/goat except in TAWAF-QUDUM needing GHUSL
And except in sex-relation to wife after ARAFAH as both need cow/camel
If he delays shaving or if he delays TAWAF-ZIYARAT to after the 12th day
Previous asks DAMM to validate it; sequence in HAJJ-tasks too is needed
Hunting of animals of land is prohibited; even to indicate it is not allowed
He has to pay accepted price or MP of animal, that is close to hunted one
Word of 2 AADIL persons is valid for its price & he may give it SADAQAH
He may buy wheat & give to needy as half of SA' (1600 gm) of it, to each
If price allows buying of goat, he may do so; even dates (one SA') is valid
Or he may compensate by a SAUM for each of half SA' wheat as its JAZA
Previous is JAZA (compensation), even if done by mistake or done again
Or he may give the same animal in size as hunted; as deer equals a goat
Ostrich asks a camel, and rabbit equals a female lamb in 1st year- (I.M.)
If HAJI wounds an animal, he'd pay amount to compensate for damage
If he wounds it so badly that it loses its defense, he'd pay for its full MP
If he damages eggs of bird, he shall pay compensation to it, in amounts
There're animals/birds that do not ask compensation, if HAJI kills them
In Previous are crow, eagle, wolf, snake, scorpion, mouse; vicious dogs
Killing of mosquito, blood-sucking bug too; but not the bugs on animals
If someone kills lice or locusts, he shall provide any SADAQAH at the act
SADAQAH in Previous is that amount HAJI wills to pay for compensation
If HAJI kills a wild animal, he'd pay its JAZA, that is within the MP of goat
In Previous, if he kills it in his defense from its attack, he will pay nothing
He has to pay JAZA, even if he kills because of hunger though he did well
If he slaughters any tamed animal/bird to eat, it is valid as of goat/camel
Chicken/Ducks relate to Previous but slaughter of tamed deer asks JAZA
Slaughter of tamed pigeon, especially that has hair at legs, asks JAZA too
If he eats of hunted and slaughtered animal by another, it's valid for him
But HAJI must not indicate or ask to hunt then only it has validity for him
In HARAM, hunting of animal even by him who is not HAJI, asks for JAZA
If he cuts tree or grass growing by itself that has no particular ownership
Previous asks JAZA (MP); if grown or has ownership, it doesn't ask JAZA
If HAJI is at QIRAAN, he shall pay DAMM as double, where it does occur
But passing from MEEQAAT without EHRAAM, asks for one DAMM only
If two at EHRAAM hunt an animal, both are liable to pay JAZA separately
If two hunt without EHRAAM at HARAM; they shall share its JAZA jointly
Transaction for an hunted animal is BAATIL at EHRAAM for both of them
EHSAAR is stoppage at EHRAAM due to enemy or due to severe affliction
He shall provide sacrifice of goat at HARAM, by the aid of any man there
If QAARIN, he'd have to provide two goats to be sacrificed within 3 days
It needs to sacrifice the animal at HARAM at these 3 specific days of that
The stopped one has to make QADHA of his UMRAH or/ & HAJJ later on
QIRAAN needs to perform 2 UMRAH with his HAJJ later as he does both
But stoppage to UMRAH needs to make QADHA of it only that he missed
He shall go on ahead with HAJJ if stoppage removes before its days start
If stoppage is at MAKKAH yet he is able to visit ARAFAH, he shall go to it
If HAJI is not able to reach ARAFAH before FAJR of 10th, his HAJJ is void
He would make UMRAH (TAWAF, SA'I, Shaving hair) & end his EHRAAM
He'd make QADHA to his HAJJ; DAMM is not due nor a sacrifice this year
UMRAH is SUNNAH, and it needs EHRAAM-TAWAF-SA'I-HALQ (shaving)
HADI is the animal for sacrifice at HAJJ; a goat (sheep), a cow or a camel
It's valid to sacrifice the goat of a year, cow of 2 years, camel of 5 years
Sheep of 6 months that looks as if it is of year is well too to provide in it
Animal must be free of AIB (Fault); lacking in ears, or any part is invalid
Lacking tail or any of legs; also very weak or blind or lame is invalid too
Goat/sheep is sacrificed except for 2 issues, stated at last of JINAYAAT
TAWAF-QUDUM needing GHUSL; sexual relation to wife after ARAFAH
Both of Previous need to give cow or camel as DAMM, to validate HAJJ
Camel/cow normally suffices for 7 persons having intention to sacrifice
He may eat of HADI, even if sacrifice is NAFL, in TAMATTU', or QIRAAN
Sacrifice of the animals must remain in the days of sacrifice (10, 11, 12)
But it is not proper for HAJI to eat of HADI which he provides in DAMM
Sacrifice of the HADI is done at the area of HARAM at MINA, that is in it
Better to give meat as SADAQAH to needy at HARAM yet not necessary
Better to slaughter goat/cow laying down and camel while it's standing
Standing sacrifice is named NAHR that is done by piercing camel's neck
Better to sacrifice the animal by his own hands if he can manage it well
He must not pay meat of sacrifice to slaughterer in wages nor anything
He must give in SADAQAH its rope, its cloth kept on it and even its milk
He may avoid riding it yet at necessity, it is valid without any issue to it
If NAFL-HADI dies, it doesn't ask any compensation; no need for other
But if obligatory HADI dies or afflicted bad, it does need compensation
He may slaughter that afflicted animal, or give it in SADAQAH to needy
He may slaughter NAFL-HADI nearing its death, then put its blood on it
It is done to clarify that it is for the poor only, so they would eat from it
The revision of QUDURI ends at the 24th day of April 2021, at 11:30 am
I, Muhammad Saleem Dada, thank Allah on this TOFIQ; Al-Hamdu Lillah