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الملخص الفقهي A Summary of Islamic Jurisprudence

الملخص الفقهي  A Summary of Islamic Jurisprudence
الملخص الفقهي A Summary of Islamic Jurisprudence
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  • المؤلف: د. صالح بن عبد الله الفوزان Dr. Salih Ibn `Abdullah Al-Fawzan
155.00 ريال
This book is an introduction to Islamic Jurisprudence for readers without substantial background in this field. In two volumes, Sheikh Sâlih Al-Fawzân has projected light on jurisprudential issues of utmost importance in a genuine and reader-friendly style, free from any jargon or sophisticated expressions. A Summary of Islamic Jurisprudence, in this translated version, fulfills a long-sanding need on the part of English-speaking Muslims for a brief, introductory book on Islamic jurisprudence. It is a valuable book for novice readers, be they Muslims or non-Muslims, who do not have thorough knowledge of the Islamic jurisprudence. The chapters of this book focus on major issues in Islamic jurisprudence. Volume one covers issues such as Purification, Prayer, Zakâh, Fasting, Hajj and Jihâd. Volume two covers issues such as Transactions, Inheritance, Marriage, Divorce, Legal Punishments, Food, Oaths, Judiciary and other topics.

الكتاب
الترقيم الدولي ISBN978-9960-686-082-5
اللغةالإنجليزية
التجليدكرتوني
نوع الورقشمواة ياباني
عدد الصفحات1334
المقاس17 × 24 سم
عدد المجلدات2
الوزن3000 جم
رقم الطبعة2
سنة الطبع2012
viiEnglish Islamic Library
ixAbout the Author
xiAcknowledgement
xiiiTranslator’s Preface
1Introduction
I:  PURIFICATION
9Purification and WaterChapter 1
15Disbelievers’ Pots and Clothes Chapter 2
19Things Ritual Impurity Prohibits Doing Chapter 3
25Etiquette of Answering Call of NatureChapter 4
29Siwâk and Acts of Natural DispositionChapter 5
35AblutionChapter 6
41Way of Performing AblutionChapter 7
47Wiping over the Khuffs Chapter 8
53Things Nullifying AblutionChapter 9
59Ritual BathingChapter 10
63Tayammum (Dry Ablution)Chapter 11
69Removal of ImpurityChapter 12
75Menstruation and Postnatal BleedingChapter 13
II:  PRAYER
87Obligation of the Five PrayersChapter 1
93Prayer Call (Adhân) and Immediate Prayer Call (Iqâmah)Chapter 2
97Prayer ConditionsChapter 3
113Etiquette of Heading for MosqueChapter 4
119Prayer: Integral Parts, Obligatory Practices and Acts of the SunnahChapter 5
129Manner of PrayerChapter 6
135Prayer: Detestable Acts Chapter 7
139Prayer: Desirable and Permissible ActsChapter 8
143Prostration of ForgetfulnessChapter 9
149Dhikr (Remembrance of Allah) Following PrayerChapter 10
157voluntary prayerChapter 11
159Witr PrayerChapter 12
163Tarâwîh PrayerChapter 13
167Sunnah Râtibah: Prayers Performed along with Obligatory PrayersChapter 14
173Duhâ (Forenoon) PrayerChapter 15
175Prostration of RecitationChapter 16
179Non-regular Supererogatory PrayerChapter 17
185Times When Prayer Is ForbiddenChapter 18
189Congregational PrayerChapter 19
203The Latecomer to Congregational PrayerChapter 20
209Women’s attendance in MosquesChapter 21
215Imamate (in Prayer)Chapter 22
221Invalid Imamate Chapter 23
227Duties of the ImâmChapter 24
233Prayer of Those Having Legal ExcusesChapter 25
247Jumu`ah (Friday) PrayerChapter 26
265Two Feasts (`Îds) Prayer Chapter 27
281Eclipse PrayerChapter 28
287Rain Prayer Chapter 29
293Death and BurialChapter 30
III:  ZAKÂH
319Zakâh: Legality and VirtueChapter 1
325Zakâh: Grazing Animals and LivestockChapter 2
335Zakâh: Grains, Fruits, Honey, Minerals and RikâzChapter 3
341Zakâh: Gold and SilverChapter 4
347Zakâh: Trade GoodsChapter 5
351Zakâtul-Fitr (Fast-breaking Zakâh)Chapter 6
357Giving ZakâhChapter 7
361Entitled Recipients of ZakâhChapter 8
369Desirable CharityChapter 9
IV:  FASTING
375Fasting Ramadân: Obligation and TimingChapter 1
381Beginning and End of a Fasting DayChapter 2
387Things Nullifying FastingChapter 3
391Making up for Missed Days of RamadânChapter 4
395Breaking the Fast: Illness or Old AgeChapter 5
V:  HAJJ
403The Obligation of Hajj (Pilgrimage)Chapter 1
411Women’s Hajj & Performing It on Someone’s BehalfChapter 2
415Virtues of Hajj and Its PreparationsChapter 3
417Mîqâts of HajjChapter 4
421How to Assume IhrâmChapter 5
427Acts Prohibited during IhrâmChapter 6
437Rites of Tarwiyah and `Arafah DaysChapter 7
443Acts on  Muzdalifah and Minâ Chapter 8
453Days of Tashrîq and Farewell TawâfChapter 9
459Sacrificial Animals (Hady and Udhiyah)Chapter 10
463`Aqîqah (Sacrificial Animal for the Newborn)Chapter 11
VI: JIHÂD
471Jihâd (Fighting in the Cause of Allah)Chapter 1
APPENDICES
481Glossary
489Name  Index
493Subject  Index
499Quranic Verse Index
503Hadîth Index
527Transliteration System
CONTENTS Volume 2
ixEnglish Islamic Library
xiAbout the Author
xiiiAcknowledgement
xvTranslator’s Preface
Introduction
I TRADE TRANSACTIONS
9Trade TransactionsChapter 1
15Prohibited Trade TransactionsChapter 2
19Trade Transactions ConditionsChapter 3
23Option in Trade TransactionsChapter 4
31Disposal of a Purchased Commodity before Receipt and Rescinding of BargainsChapter 5
35RibâChapter 6
47Selling AssetsChapter 7
51Selling FruitsChapter 8
55Blighted Fruits: RulingsChapter 9
59The Salam (Sale of Payment in Advance)Chapter 10
63Loaning and LoansChapter 11
67MortgageChapter 12
73GuaranteeChapter 13
77Suretyship (Kafâlah)Chapter 14
79Hawâlah (Transference of Debts)Chapter 15
83Commissioning (Wakâlah)Chapter 16
89InterdictionChapter 17
105ConciliationChapter 18
113Neighborhood and RoadwaysChapter 19
117PreemptionChapter 20
II PARTNERSHIP
125Kinds of PartnershipChapter 1
129`Inân (Cooperative) PartnershipChapter 2
131Mudârabah (Speculative) PartnershipChapter 3
135Reputable Partner, Manual, and Comprehensive PartnershipsChapter 4
III SHARECROPPING AND RENTING
141Sharecropping (Muzâra`ah and Musâqâh)Chapter 1
147Renting Things and Hiring People’s Services (Ijârah)Chapter 2
155Competition (Sabq)Chapter 3
161Lending Something for Use (`Âriyah)Chapter 4
165UsurpationChapter 5
171Damage and DamagesChapter 6
177TrustsChapter 7
IV  RECLAMATION  OF  WASTELANDS  AND POSSESSION OF ALLOWABLE OBJECTS
183Reclamation of WastelandsChapter 1
189Job Wages (Ja`âlah)Chapter 2
193Finding Lost Objects (Luqatah)Chapter 3
201FoundlingsChapter 4
205Endowment (Waqf)Chapter 5
213Gift and DonationChapter 6
V  INHERITANCE
221Disposal of One’s Property During SicknessChapter 1
225WillsChapter 2
239Inheritance: RulingsChapter 3
245Causes of Inheritance and the Legal InheritorsChapter 4
251Inheritance of SpousesChapter 5
253Inheritance of Fathers and Paternal GrandfathersChapter 6
257Inheritance of MothersChapter 7
259Inheritance of GrandmothersChapter 8
265Inheritance of DaughtersChapter 9
269Inheritance of Full SistersChapter 10
275Inheritance of Sisters with Daughters and Inheritance of Maternal SiblingsChapter 11
279AgnationChapter 12
285Prevention from Inheritance (Hajb)Chapter 13
289Inheritance of Siblings with the Paternal GrandfatherChapter 14
299The Mu`âddahChapter 15
307Dividing Prescribed Shares according to Assumption and Precautionary ProceduresChapter 16
309Inheritance of a HermaphroditeChapter 17
313Inheritance of a FetusChapter 18
319Inheritance of a Missing PersonChapter 19
323Inheritance of the Drowned and Those Killed Under Collapsed BuildingsChapter 20
327Inheritance by RaddChapter 21
331Inheritance of Kindred by BloodChapter 22
335Inheritance of Divorced WomenChapter 23
339Inheritance among People of Different ReligionsChapter 24
343Inheritance of the Murderer of the Inherited PersonChapter 25
VI  MARRIAGE
349MarriageChapter 1
357EngagementChapter 2
361Marriage Contract: Integrals and ConditionsChapter 3
367Equivalence in MarriageChapter 4
371Unmarriageable WomenChapter 5
379Conditions Made Before Marriage Chapter 6
385Defects in SpousesChapter 7
389Marriage of DisbelieversChapter 8
395DowryChapter 9
403Wedding Feast (Walîmah)Chapter 10
407Husband-Wife RelationshipChapter 11
415Matters Nullifying Wife’s Right of Expenses and Share of NightsChapter 12
VII: DIVORCE
421Wife’s Release against Payment (Khul`)Chapter 1
427DivorceChapter 2
433Sunni and Innovative DivorceChapter 3
441Taking Back One’s Divorced Wife (Raj`ah)Chapter 4
447Îlâ’ (Foreswearing One’s wife More Than Four Months)Chapter 5
451ZihârChapter 6
457Li`ân (Allegation of Adultery Sworn against One’s Wife)Chapter 7
463Establishing PaternityChapter 8
467Waiting PeriodChapter 9
479Verifying the Slave Girl’s Non-PregnancyChapter 10
VIII BREASTFEEDING
483BreastfeedingChapter 1
489CustodyChapter 2
495Causes Preventing CustodyChapter 3
501The Wife’s AlimonyChapter 4
507Maintaining Relatives and PossessionsChapter 5
IX QISÂS (LEGAL RETRIBUTION)
515Murder and its TypesChapter 1
527Qisâs for MurderChapter 2
539Qisâs for Parts of the Body and WoundsChapter 3
545Qisâs When a Group Kills an IndividualChapter 4
551Diyah (Blood Money)Chapter 5
557Amounts of Diyah (Blood Money)Chapter 6
563Diyah (Indemnity) for Body Organs, Senses and FunctionsChapter 7
569Diyah (Indemnity) for Wounds and FracturesChapter 8
573Expiation for MurderChapter 9
579Qasâmah (Compurgation)Chapter 10
X PRESCRIBED PUNISHMENTS
587Hudûd (Prescribed Punishments)Chapter 1
593Prescribed Punishments for ZinâChapter 2
603Prescribed Punishment for SlanderChapter 3
609Prescribed Punishment for IntoxicantsChapter 4
615Discretionary PunishmentsChapter 5
619Prescribed Punishment for StealingChapter 6
625Prescribed Punishment for Highway RobberyChapter 7
631Fighting the RebelsChapter 8
637ApostasyChapter 9
XI  FOOD
649FoodChapter 1
659SlaughteringChapter 2
667HuntingChapter 3
XII OATHS AND VOWS
675OathsChapter 1
681Expiation for a Broken OathChapter 2
687VowsChapter 3
XIII   QADÂ` (JUDICIARY)
695Judiciary in IslamChapter 1
701Judge EthicsChapter 2
707Method of Undertaking JudgmentChapter 3
713Valid Court Claim: ConditionsChapter 4
719Dividing Shares among PartnersChapter 5
725Claim and EvidenceChapter 6
729TestimonyChapter 7
741Letters among Judges, Testifying to Testimony, and Taking Back TestimonyChapter 8
747Oaths in ClaimsChapter 9
751ConfessionChapter 10
APPENDICES
759Glossary
767Name Index
773Subject Index
783Quranic Verse Index
789Hadîth Index
809Transliteration System

INTRODUCTION
All praise be to Allah, the Lord of the Worlds, and peace be upon our Prophet Muhammad, the Seal of prophets, and upon his household, his Companions, and whoever follows their example with good conduct until the Day of Recompense. 
To commence, this is a brief account of juristic issues, in which views are provided with proofs from the Sunnah (Prophetic Tradition) and the Qur’ân. I have previously delivered the content of this book in the form of sermons broadcast on radio, and I have been repeatedly asked by the audience to redeliver them, and to publish them as a treatise, for the sake of continuous benefit, if Allah wills. In fact, I never intended this book to be published when it was under preparation, but in response to the wish of many people, I reviewed it, arranged its contents, and presented it to be published. And here it is now, gentle reader, between your hands; whatever correctness and benefit you find therein are out of the Grace of Allah, Alone, and whatever mistakes you find are mine, and I seek the forgiveness of Allah for them.
This treatise is an abstract of a book entitled Ar-Rawdul-Murbi` fî Sharh Zâdul-Mustaqni` including its footnotes, written by Sheikh `Abdur-Rahmân Ibn Muhammad Ibn Qâsim (may Allah have mercy on him), bearing in mind that I added some remarks, when necessary.
I ask Allah, Glorified and Exalted be He, to guide us all to useful knowledge and righteous deeds. May Allah confer peace and blessings upon our Prophet Muhammad, his household, and his Companions.
The Virtues of Understanding Religion
All praise be to Allah, Lord of the Worlds, and peace be upon our Prophet Muhammad, and upon his household, his Companions, and whoever follows their example with good conduct until the Day of Recompense.
To commence, understanding the religion is considered one of the best deeds, and a sign of goodness. The Prophet (PBUH) says: 
“If Allah wants to do good for a person, He makes him understand the religion.” 1
This is because comprehending the religion leads to useful knowledge upon which righteous deeds depend. Allah, Exalted be He, says: 
“It is He Who has sent His Messenger with guidance and the religion of truth…”                                                                 (Qur’ân: Al-Fath: 28) 
“Guidance” here refers to useful knowledge, and “the religion of truth” is that which leads to righteous deeds. Besides, Allah commanded the Prophet (PBUH) to invoke him for more knowledge; Allah, Exalted be He, said: 
“… And say, ‘My Lord, increase me in knowledge.’ ”
(Qur’ân: Tâhâ: 114) 
Al-Hâfiz Ibn Hajar comments that the aforesaid Qur’anic verse,“…And say, ‘My Lord, increase me in knowledge,’ ” is a clear indication of the merit and excellence of knowledge, for Allah never commanded His Prophet (PBUH) to invoke Him for more of anything other than knowledge2. The Prophet (PBUH) used to refer to the assemblies wherein useful knowledge is taught as “The Gardens of Paradise,” and he (PBUH) stated that “Men of knowledge are the inheritors of prophets.”
There is no doubt that before one starts doing something one should know how to perform it in the best way, so as to perform it well to harvest its desired fruits. Likewise, it is by no means reasonable that one starts worshipping one’s Lord – the way through which one’s salvation from Hellfire and admittance to Paradise are gained – without having due knowledge.
As such, people are divided into three categories regarding knowledge and deeds:
The first category is represented in those who combine useful knowledge along with righteous deeds. Those are the ones whom Allah has guided to the straight path; the path of those upon whom Allah has bestowed favor of the prophets, the steadfast affirmers of truth, the martyrs and the righteous, and excellent indeed are these as companions.
The second category is represented in those who learn useful knowledge but do not act accordingly. Those are the ones who have evoked Allah’s anger, like the Jews and whoever follows their footsteps.
The third category is represented in those who act without having knowledge. Those are the ones who are astray, namely the Christians and their likes.
These three categories are mentioned in the Sura of Al-Fâtihah (the Opening Chapter of the Qur’ân), which we recite in every rak`ah (unit of prayer) of our prayers: 
“Guide us to the straight path – the path of those upon whom You have bestowed favor, not of those who have evoked [Your] anger or of those who are astray.”                      (Qur’ân: Al-Fâtihah: 6-7)
In his interpretation of the aforesaid verses of the Sura of Al-Fâtihah, Sheikh Muhammad Ibn `Abdul-Wahhâb (may Allah have mercy on him) has stated: 
“The scholars meant in the verse that reads, ‘those who have evoked (Allah’s) anger’ are those who do not act in accordance with their knowledge, and ‘…those who are astray’ are the ones who act without knowledge. The former is the quality of the Jews, while the latter is that of the Christians. Some ignorant people mistakenly believe that those two qualities are restricted to the Jews and the Christians, forgetting that Allah commands them to recite the above-mentioned Qur’anic invocation seeking refuge with Him from being one of the people of these two qualities. Glory be to Allah! How do those ignorant people think that they are safe from these qualities, though they are taught and commanded by Allah to keep on invoking Him (through the aforesaid verses) seeking His refuge against them?! Are they not aware that they thus assume evil about Allah?!”  3
This shows the wisdom behind the obligation of reciting this great Sura (i.e., Al-Fâtihah) in every rak`ah of our prayers (whether obligatory or supererogatory). It is because this sura contains many great secrets, among them is the great Qur’anic invocation that reads, “Guide us to the straight path – the path of those upon whom You have bestowed favor, not of those who have evoked [Your] anger or of those who are astray.” (Qur’ân: Al-Fâtihah: 6-7) Through this invocation, we ask Allah to guide us to follow the conduct and the way of the people who have useful knowledge and perform righteous deeds, which is the way to salvation in both this world and the Hereafter. We also invoke Him to safeguard us from the pathway of the ones astray, who have neglected either the righteous deeds or the useful knowledge.
Thus, we could argue that useful knowledge is that derived from the Qur’ân and the Sunnah (Prophetic Tradition). It is gained by means of deep understanding and comprehension of both, which can be achieved through the help of religious instructors or scholars. This can also be achieved through the books of exegesis of the Qur’ân and those of Hadîth, as well as the books of jurisprudence and those of Arabic grammar – the language in which the Qur’ân has been revealed. Such books are the best means of comprehending the Qur’ân and the Sunnah.
So as to perform the acts of worship so perfectly, you should, dear Muslim brother, learn what leads to the perfection of your performance of these various acts of worship, such as Prayer, Fasting and Hajj (Pilgrimage). You should also be aware of the rulings on Zakâh4 as well as the rulings on the dealings that concern you, so as to make use of what Allah has made lawful for you and avoid what He has made unlawful. You should observe this to ensure that the money you earn and the food you eat are lawfully obtained, in order to be one of those whose supplications are granted by Allah. In fact, you have to know about all these matters, and this could be easily achieved, Allah willing, provided that you have resolute determination and sincere intention. So, be keen on reading useful relevant books, and keep in touch with religious scholars to ask them about whatever ruling you are in doubt about and to be acquainted with the rulings of your religion.
In addition, you should take an interest in attending religious symposiums and lectures delivered at mosques and the like, listening to the broadcast religious programs, and reading religious magazines and publications. If you concern yourself with such good activities, your religious knowledge will increase, and your insight will be enlightened. 
Also, do not forget, dear brother, that knowledge increases and grows when it is practically applied. Thus, if your deeds are according to your knowledge, Allah surely will increase your knowledge. This corresponds with the maxim stating, “He whose deeds are done in accordance with his knowledge, Allah will bestow upon him the knowledge of that which he has no knowledge about.” This is confirmed by the Glorious Qur’anic verse that reads: 
“… And fear Allah. And Allah teaches you. And Allah is Knowing of all things.”               (Qur’ân: Al-Baqarah: 282)
In fact, the worthiest thing to spend your time on is seeking knowledge, for which the people of good judgment compete. It is through knowledge that hearts maintain living and deeds are purified.
Allah, Exalted be His Words and Glorified be His Attributes, praises the scholars who act in accordance with their knowledge, and states their elevated degrees, as He mentions in His Glorious Book, the Qur’ân: 
“… Say, ‘Are those who know equal to those who do not know?’ Only they will remember [who are] people of understanding.”
(Qur’ân: Az-Zumar: 9)
 Allah, Exalted be He, also says: 
“… Allah will raise those who have believed among you and those who were given knowledge, by degrees. And Allah is Acquainted with what you do.”                                (Qur’ân: Al-Mujâdilah: 11)
So, Allah, Glorified and Exalted be He, shows the merit of those given knowledge along with faith, and tells us that He is Acquainted with and Aware of what we do. Thus, Allah shows us the necessity of combining both knowledge and righteous deeds, and tells us that both have to be out of one’s sincere faith and fear of Him, Glorified be He.
In accordance with the Qur’anic duty of cooperating in righteousness and piety, we will – if Allah wills – provide you, gentle reader, through this book with some information of the juristic inheritance which our scholars extracted and wrote down in their books. We will provide you with what can be easily understood, so that it can benefit you and help you in gaining more useful knowledge.
Finally, we invoke Allah to bestow useful knowledge upon all of us, and to guide us to the righteous deeds. We also invoke Him, Glorified and Exalted be He, to make us see the truth as it really is, and guide us to follow it, and to see falsehood as it really is, and grant us the ability to avoid it, He is Hearing and Responsive.
Endnotes
1 Al-Bukhârî (71), Muslim (2386).
2 See Fathul-Bârî (1/187)
3 See Ibn Ghannâm’s Târîkh Najd.
4 Zakâh is an annual expenditure for the benefit of the Muslim community, primarily to help the poor, required from those Muslims who have excess wealth. Paying Zakâh is one of the five main pillars of Islam (for more elaboration, refer to the chapter on Zakâh).