Hanifi Fiqr Part 1

[lot]

PILGRIMAGE (HAJJ)
(According to the Qur'an and Sunnah,
as extracted and inferred by scholars of the Hanafi school.)
From "Mukhtasar al-Quduri", a matn of Hanafi fiqh
(with some rearrangement).
(Evidences are generally omitted for brevity)


OBLIGATION OF HAJJ
Fard Rites in Hajj
Wajib Acts in Hajj
THE IHRAM
The Mawaqit
Entering Ihram
Forbidden Deeds during Ihram
Permissible Deeds during Ihram
Recommended during Ihram
COMPONENTS OF HAJJ (IFRAD)
The Tawaf of Arrival
The Sa`y
Going out to Mina
Arafah
Muzdalifah
Pelting Jamrat al-`Aqabah
The Tawaf of Pouring Forth (Ifadah) or Visiting (Ziyarah)
Stoning the Jamarat
The Tawaf of Farewell (Wida`)
Special regulations for women
QIRAN
`Umrah Components
Hajj Components
The Sacrificial Blood of Qiran
TAMATTU`
`Umrah Components
Hajj Components
The Sacrificial Blood of Tamattu`
TRANSGRESSIONS IN PILGRIMAGE
Transgressions of the Ihram; Sexual Transgressions
Transgressions in Tawaf
Other Miscellaneous Transgressions
Hunting Transgressions; Killing Game, Other Hunting Transgressions
Violations of the Haram
Transgressions in Hajj Qiran
BEING PREVENTED FROM PERFORMING HAJJ (IHSAR) OR MISSING THE HAJJ (FAWAT)
Ihsar; Make-up Requirements, Removal of the Prevention
Fawat
`UMRAH
THE SACRIFICIAL ANIMAL
Permissible Animals
Benefitting from Sacrificial Animals
Preparation and Slaughter
Replacement
IMMOLATION (UDHIYAH/QURBANI)
Obligation
Slaughter
Benefitting from the Sacrifice


1.0 OBLIGATION OF HAJJ

1. Hajj is obligatory on free, sane, healthy adults if
• they are capable of [affording] provision and transportation, in excess of one’s dwelling, of that which is essential, and the maintenance of one’s family until the time of his return, and
• the way is safe, and
• for a woman, her having a mahram or husband to perform hajj with her, is considered. It is not permissible for her to perform hajj without [these] two if there is between her and Makkah a distance of three days’ and nights’ journey.
2. If a youth attains maturity, or a slave is freed, after entering ihram, and they continue thus, it does not suffice them for the Hajj of Islam.
[
1.1 Fard Rites in Hajj

1. Ihram, before any of the other rites.
2. Standing at `Arafah, for at least a moment, any time between the decline of the sun on the 9th of Dhu’l-Hijjah, and the dawn of the 10th.
3. Tawaf of Visiting, after the Standing at `Arafah, with intention.
4. Maintaining the order between the fard acts (ihram-Standing-Tawaf)
5. Keeping away from sexual intercourse before the Standing.

1.2 Wajib Acts in Hajj

1. Standing at Muzdalifah, for at least a moment after dawn on the 10th of Dhu’l-Hijjah.
2. Sa`y (Running between Safa and Marwah)
3. Pelting the Jamarat
4. Tawaf of Leaving, for other than menstruating women and the residents of Makkah.
5. Cutting or shaving the hair of the head within the Haram, within the Days of Immolation.
6. Not delaying ihram beyond the miqat.
7. Keeping away from transgressions of the ihram (sexual intercourse after the Standing, wearing sewn garments, covering the head and/or face).
8. Prolonging the Standing at `Arafah until after sunset and after the imam has begun issuing forth.
9. Delaying Maghrib and `Isha’ until Muzdalifah
10. Not delaying the Tawaf of Visiting beyond the Days of Immolation.
11. Beginning tawaf from the Black Stone.
12. Performing tawaf counter-clockwise.
13. Performing tawaf around the hatim.
14. Walking in tawaf, for one who has no excuse.
15. Being in a state of purity during tawaf.
16. Covering the nakedness during tawaf.
17. Performing two rak`ah after tawaf.
18. Beginning Sa`y from Safa
19. Walking in Sa`y, for one who has no excuse.
20. Performing Sa`y after a valid Tawaf
21. Slaughtering a ewe, for one performing tamattu` or qiran.
22. Maintaining the order between pelting, slaughtering and cutting hair.


2.0 THE IHRAM

2.1 The Mawaqit

1. The mawaqit which it is not permissible for a person to pass except in the state of ihram are:
• for the people of Madinah : Dhu’l-Hulayfah,
• for the people of `Iraq : Dhatu-`Irq,
• for the people of the Levant (al-Sham) : al-Juhfah,
• for the people of Najd : Qarn al-Manazil,
• for the people of Yemen : Yalamlam.
2. If one entered ihram before these mawaqit, it is valid.
3. The miqat of one whose dwelling-place is after the mawaqit, is al-Hill .
4. The miqat of one who is in Makkah is the Haram for hajj and al-Hill for `umrah.

5. The Months of Hajj are : Shawwal, Dhu’-Qa`dah, and the [first] ten of Dhu’l-Hijjah. But, if one entered ihram for hajj before this, it is valid, and it counts as hajj [except that he must wait until the time of hajj to perform the rites].

2.2 Entering Ihram

When one desires to enter ihram, he
1. performs ghusl or wudu’, but ghusl is better
2. wears two new or washed cloths : an izar (waist-wrapper) and a rida’ (upper garment).
3. applies perfume if he has some
4. he prays two rak`ah
5. says, Allahumma inni uridu’l-hajja fa-yassirhu li wa-taqabbalhu minni.
6. pronounces talbiyah after his salah.
• If he is performing hajj alone (ifrad), he intends hajj with his talbiyah.
• The talbiyah is that one say : Labbayk-allahumma labbayk. Labbayk la sharika laka labbayk. Innal-hamda wan-ni`mata laka wal-mulk. la sharika lak.
• It is not appropriate to leave out any of these words, but if one added [something] after them it is permissible.

2.3 Forbidden Deeds during Ihram

When one has pronounced talbiyah, he has entered ihram, and so he should keep away from that which Allah has forbidden :
1. rafath (sexual intercourse, or sexual talk),
2. fusuq (sins) and
3. jidal (argument).
4. He should not kill game, nor point it out, nor direct to it.
5. He should not wear a shirt, nor pants, nor a turban, nor a cap, nor a gown.
Nor [should he wear] khuffs unless he cannot find shoes, in which case he should cut them below the tarsus
6. He should not cover his head, nor his face.
7. He should not apply perfume.
He should not wash his hair or beard with marsh amllow.
8. He should not shave his head, nor his body hair, nor cut [anything from] his beard, nor [cut] his nails.
9. He should not wear a garment died with wirs , saffron or safflower, unless it has been washed and does not exude fragrance.

2.4 Permissible Deeds during Ihram

There is no harm in :
1. performing ghusl
2. entering a bath-house
3. taking shade under a house, or a canopy
4. Tying a himyan (belt to carry money) around his waist.

2.5 Recommended during Ihram

One should recite talbiyah abundantly, after salah, and whenever one mounts an elevated place, or descends into a valley, or meets riders, and in the last part of the night.

[lot]

3.0 COMPONENTS OF HAJJ (IFRAD)

3.1 The Tawaf of Arrival

When one enters Makkah, he begins [by going] to the Sacred Mosque, then when one sees the House, he pronounces takbir and tahlil.
1. Then, one starts at the Black Stone, faces it, pronounces takbir, raises his hands and touches it, and kisses it if one is able to [do so] without harming any Muslim.
2. Then, he starts [walking] to his right, by the door [of the Ka`bah],
3. having donned his rida’ in the style of idtiba’ .
4. One makes ones tawaf (circumambulation) around the Hatim.
5. One performs raml in the first three circuits, and walks calmly in the remaining [four].
7. One touches the Stone whenever one passes by it, if one is able, and one ends the tawaf with touching [it].
8. Then, one proceeds to the Maqam (Station of Prophet Abraham) and prays two rak`ah at it, or wherever he is easily able to in the Mosque.

This is the Tawaf of Arrival (tawaf al-qudum). It is sunnah, and is not obligatory.
• There is no Tawaf of Arrival due upon the people of Makkah.
• If the one in ihram did not enter Makkah, and [instead] set out for `Arafat [directly], and stood there according to what we [shall] mention, the Tawaf of Arrival is waived for him, and he is not liable to do anything for having omitted it.

3.2 The Sa`y

1. Then, one sets out to Safa. One climbs onto it, faces the qiblah, pronounces takbir and tahlil, invokes blessings on the Prophet (may Allah bless him and grant him peace), and supplicates Allah for his needs.
2. Then, one descends calmly in the direction of Marwah.
3. Then, when he reaches the inside of the valley, he runs between the two green posts.
4. [He proceeds] until he comes to Marwah, and then he climbs onto it and does as he did on Safa.
This is one round, and he performs seven [such] rounds, [such that] he begins at Safa and ends at Marwah.

Then, [if performing ifrad] one stays in Makkah in the state of ihram, performing tawaf whenever one desires.

3.3 Going out to Mina

1. Then, when it is one day before the Day of Tarwiyah , the imam delivers a sermon in which he teaches the people [the details] of going out to Mina, salah in `Arafat, the Standing, and the Ifadah.
2. Then, when one has prayed fajr on the Day of Tarwiyah in Makkah, one goes out to Mina and stays there until he prays Fajr on the Day of `Arafah.
3. Then, one sets out to `Arafat, and stays there.

3.4 Arafah

1. Then, when the sun declines on the Day of `Arafah, the imam leads people in Zuhr and `Asr, starting with a sermon in which he teaches people [the details of] the Standing at `Arafah and Muzdalifah, the Pelting of the Jimar, the Immolation and the Tawaf of the Visit (Ziyarah).
2. He leads the people in Zuhr and `Asr in the time of Zuhr, with one adhan and two iqamah.
• Whoever prays in his camp alone prays each one [of the prayers] at its [own] time according to Abu Hanifah (may Allah, the Exalted, show mercy to him). Abu Yusuf and Muhammad said : The solitary one conjoins them.
3. Then, he sets out to the Standing Place, and stands close to the mountain, although all of `Arafah is a standing place except for the valley of `Arafah.
• Whoever catches the Standing at `Arafah between the decline of the sun on the Day of `Arafah, until sunrise on the Day of Immolation, has caught the hajj.
• Whoever traversed `Arafah while sleeping or unconscious, or did not know it was `Arafah, that suffices him for the Standing.
4. It is appropriate for the imam to stand at `Arafah on his camel, and to supplicate and teach people the rites.
5. It is recommended to perform ghusl before the Standing, and
6. [It is recommended] to exert oneself in supplication.
7. Then, when the sun sets, the imam, and the people with him, pour forth at their leisure, [proceeding] until they come to Muzdalifah and alight there.

3.5 Muzdalifah

1. It is praiseworthy to descend close to the mountain called Quzah, on which is the Hearth.
2. The imam leads the people in Maghrib and `Isha’ with an adhan and iqamah.
Whoever prays Maghrib on the way, it is not valid according to Abu Hanifah and Muhammad.
3. Then, when the sun rises, the imam leads the people in Fajr in the dark [part of the time].
4. Then, he stands, and the people stand with him, and he supplicates.
All of Muzdalifah is a standing place, except for the Valley of Muhassir.
5. Then, the imam, and the people [along] with him, pour forth before sunrise, [proceeding] until they come to Mina.

3.6 Pelting Jamrat al-`Aqabah

1. Then, one proceeds to Jamrat al-`Aqabah, and pelts it
• from the inside of the valley,
• with seven pebbles, like the stones of a slingshot
• pronouncing takbir with every pebble.
• One does not stand by it [thereafter].
2. One ceases talbiyah with the [throwing of] the first pebble.
3. Then, he slaughters [an animal] is he likes [since he is performing ifrad].
4. Then, he shortens or shaves [his hair], but shaving is superior.
5. [After this] everything is permissible for him except women.

3.7 The Tawaf of Pouring Forth (Ifadah) or Visiting (Ziyarah)

1. Then, one comes to Makkah on that day, or the following day, or the following, and circumambulates the House [performing] the Tawaf al-Ziyarah, seven circuits.
2. If he had run between Safa and Marwah after the Tawaf of Arrival, he does not perform raml in this tawaf, nor is he obliged to run again. But, if he had not performed Sa`y before, he performs raml in this tawaf and Sa`y after it in, the manner we have mentioned.
3. [Now,] women are permissible for him.
4. This tawaf is the obligatory (fard) one in hajj.
5. It is disliked to postpone it beyond these days.
• If one did postpone it beyond then, one [sacrificial] blood becomes incumbent upon him, according to Abu Hanifah.

3.8 Stoning the Jamarat

1. Then, one returns to Mina and stays there.
2. When the sun has declined on the second day of immolation, one pelts the three Jamarat,
• starting with the one next to the [Khif] mosque [of Mina],
• pelting it with seven pebbles,
• pronouncing takbir with every pebble.
• One stands and supplicates by it.
3. Then, one pelts the one next to it similarly, and stands by it.
4. Then, one pelts Jamrat al-`Aqabah, and does not stand by it [thereafter].
5. The next day, he pelts the three Jamarat after the decline of the sun similarly.
6. Then, if one wishes to hasten one’s departure, one departs to Makkah. But, if one wishes to remain, one pelts the three Jamarat on the fourth day after the decline of the sun.
• If, on this day, one performs the pelting before the decline of the sun, after sunrise, it is valid according to Abu Hanifah.
7. It is disliked for a person to send his belongings ahead to Makkah and to take up residence, until he has pelted.

3.9 The Tawaf of Farewell (Wida`)

1. Then, when one departs to Makkah, one alights at al-Muhassab.
2. Then, one performs tawaf of the House, seven circuits, not performing raml in them.
3. This is the Tawaf of Leaving, and it is wajib, except for the residents of Makkah.
4. Then, one returns to one’s family.


3.10 Special regulations for women

The woman is, in all of [the above], the same as the man, except that:
1. She does not uncover her head
2. She uncovers her face.
3. She does not raise her voice in talbiyah.
4. She does not perform raml in tawaf.
5. She does not run between the two posts.
6. She does not shave her head, but she shortens [her hair].

7. If a woman menstruates at the time of ihram, she performs ghusl and enters ihram. She does as the [male] hajji does, except that she does not perform tawaf of the House until she becomes pure.
8. If she menstruates after the Standing and the Tawaf of Visiting, she [can] depart from Makkah, and there is no [penalty] upon her [in that case] for abandonment of the Tawaf of Leaving.

[lot]

4.0 QIRAN

Qiran, according to us, is better than [both] tamattu` and ifrad.
The manner of qiran is [as follows]:

4.1 `Umrah Components

1. That one pronounce talbiyah for `umrah and hajj from the miqat, saying after one’s salah : Allahumma inni uridu’l-hajja wal-`umrata fa-yassirhuma li wa-taqabbalhuma minni.
2. Then, when one enters Makkah, one proceeds to perform tawaf of the House, seven circuits, performing raml in the first three of them.
3. One performs Sa`y after that, between Safa and Marwah.
These are the actions of `umrah.
• If the one performing qiran did not enter Makkah [initially], and set out [instead] to `Arafat, then he has then abandoned his `umrah by [performing] the standing. The [Sacrificial] Blood of Qiran becomes futile for him, but a [sacrificial] blood is [incumbent] upon him for his abandonment of his `umrah, and it is [obligatory] upon him to make it up.

4.2 Hajj Components

1. Then, one performs tawaf after the Sa`y; the Tawaf of Arrival.
2. One runs between Safa and Marwah, as we explained in [the case of one performing] ifrad.
[The other components of hajj are the same as in in ifrad, except for the Sacrificial Blood.]

4.3 The Sacrificial Blood of Qiran

1. When one has pelted the Jamrah on the Day of Immolation, one slaughters a goat/sheep, or a cow, or a camel, or a seventh of a camel. This is the [Sacrificial] Blood of Qiran.
2. If one does not have [anything] to slaughter, one fasts three days in the hajj, the last of them being the Day of `Arafah.
• If he has missed the fasting by [the time] the Day of Immolation arrives, nothing but the [sacrificial] blood suffices him.
• Then, one fasts seven days when he returns to his family, but if he fasts them in Makkah after he has completed the hajj, it is valid.

1.0 TAMATTU`

1. Tamattu`, according to us, is better than ifrad.
2. There are two methods of tamattu` : tamattu` in which one sends a sacrificial animal, and tamattu` in which one does not send a sacrificial animal.
3. The residents of Makkah may not perform Tamattu`, nor Qiran; they specifically may only perform Ifrad.
4. Whoever entered ihram for `umrah before the Months of Hajj, and performed less than four circuits for it, and then the Months of Hajj entered, such that he then completed it, and then entered ihram for hajj, is in the status of tamattu`. But, if he performed four circuits or more of the tawaf for his `umrah beforte the Months of Hajj, and then performed hajj that same year, he is not in the status of tamattu`.
The manner of tamattu` is [as follows] :

5.1 `Umrah Components

1. That one start at the miqat, and enter ihram for `umrah.
2. One enters Makkah, and performs tawaf for [`umrah].
• One ceases the talbiyah when one starts the tawaf.
3. One performs Sa`y, [and then] shaves or shortens [his hair].
4. He has now come out of the ihram of his `umrah.
• He remains in Makkah, out of ihram.

5.2 Hajj Components

1. Then, when it is the Day or Tarwiyah, one enters ihram for hajj from the Mosque.
2. One does as the hajji of ifrad does.

5.3 The Sacrificial Blood of Tamattu`

1. The [Sacrificial] Blood of Tamattu` is [obligatory] upon him.
• If he does not find [the means to sacrifice then] he fasts three days in the hajj and seven when he returns.
2. If the one performing tamattu` desires to send a sacrificial animal, he enters ihram and sends the sacrificial animal. If it is a camel, he garlands it with a haversack, or leather.
• He marks the camel, according to Abu Yusuf and Muhammad. It is : that one rend its hump from the right side. According to Abu Hanifah, one does not rend it [if it will be in a cruel manner].
3. Then, when one enters Makkah, one performs tawaf and Sa`y, but does not come out of ihram. [He remains in ihram] until he enters ihram for hajj on the Day of Tarwiyah, although if he entered ihram before that it is valid but a [sacrificial] blood is [then obligatory] upon him.
4. Then, when he shaves [his head] on the Day of Immolation, he has thereby freed himself from both ihrams.
5. If the one performing tamattu` returned to his family after his completion of `umrah, and had not sent a sacrifical animal, his tamattu` is invalidated.

[lot]

6.0 TRANSGRESSIONS IN PILGRIMAGE

6.1 Transgressions of the Ihram
1. If the one in ihram applied perfume, expiation is due upon him.
• If he perfumed an entire limb or more then a [sacrificial] blood is due upon him.
• If he perfumed less than a limb then a charity is due upon him.
2. If he wore a sewn garment, or covered his head
• [If it was] for a complete day, then a [sacrificial] blood is due upon him.
• If it was less then that, then a charity is due upon him.
3. [Shaving or cutting hair]
• If he shaved one fourth or more of his head, then a [sacrificial] blood is due upon him.
• If he shaved less than one fourth then a charity is due upon him.
• If he shaved the areas of bloodletting then a [sacrificial] blood is due upon him according to Abu Hanifah. Abu Yusuf and Muhammad said : a charity is due upon him.
4. [Clipping the nails]
• If he clipped the nails of both his hands and both his feet, then a [sacrificial] blood is due upon him.
• If he clipped [them from] one hand or one foot, then [still] a [sacrificial] blood is due upon him.
• If he clipped less than five nails, distributed between his hands and his feet, then a charity is due upon him according to Abu Hanifah and Abu Yusuf. Muhammad said : a [sacrificial] blood is due upon him.
5. If he applied perfume or shaved [hair] or wore [sewn] garments due to some excuse, then he has the choice :
• If he wishes, he may slaughter a ewe, or
• If he wishes, he may give three sa` of food in charity to sixty destitute people, or
• If he wishes, he may fast three days.

[lot]

MARRIAGE
(According to the Qur'an and Sunnah,
as extracted and inferred by scholars of the Hanafi school.)
From "Mukhtasar al-Quduri", a matn of Hanafi fiqh


The Spoken Form
Witnesses
Prohibited Persons
By Kinship
By Marriage Ties
By Suckling
By Combination
By Religion
The Wali
Precdence for Wilayah
Compatibility
Authority of the Wali
The Mahr
Specification
Entitlement
Termination Of A Marriage
Invalidation of a Marriage
Physical Defects
Embracement of Islam
Apostasy
Treatment Of Wives
Suckling
Period of Suckling
Mixing of the Milk with Other Substances
Source of the Milk
Prohibitions through Suckling

1.0 THE SPOKEN FORM

1. Marriage is contracted by proposal and acceptance, in two statements,

- both of them expressing the past tense, or

- one of them expressing the past and the other the future, such as one saying, ‘Marry [your daughter] to me,’ and the other saying, ‘I have married [her] to you.’

If a man marries a woman off without her permission, or [marries off] a man without his permission, [the marriage is contingent on their acceptance].
2. Marriage is contracted by the words of marriage, wedding, transfer of possession, gift, or charity.

2.0 WITNESSES

1. The marriage of Muslims is not contracted without the presence of two free, adult, sane, Muslim [male] witnesses, or one man and to women, [whether they be] morally upright or non-upright, or [even] inflicted with the prescribed punishment for slander.

If a Muslim married a dhimmi woman with the witnessing of two dhimmi men, it is valid according to Abu Hanifah and Abu Yusuf. Muhammad said : It is not valid.

[lot]

1.0 PROHIBITED PERSONS

3.1 Prohibition by Kinship

It is not lawful for a man to marry:

1. His mother, nor his maternal or paternal grandmothers,

2. His daughter, nor his granddaughters, and lower

3. His sister

4. His [niece] : his sister’s daughter or his brother’s daughter

5. His paternal aunt

6. His maternal aunt

7. His wife’s mother, whether he has consummated with her daughter or not

3.2 Prohibition by Marriage Ties

1. The daughter of his wife with whom he has consummated, whether she is under his guardianship or the guardianship of someone else

2. His father’s or grandfathers’ wife

3. His son’s or grandson’s wife

4. Whoever commits fornication with a woman, her mother and daughter become unlawful to him.

5. [A thrice-divorced ex-wife unless she has since consummated another marriage.]

3.3 Prohibition by Suckling

1. His foster-mother

2. His foster sister

3.4 Prohibition of Combination

1. He may not combine two sisters in marriage, nor as slave-girls for intercourse

If a man divorced his wife with an irrevocable divorce, it is not permissible for him to marry her sister until [his wife’s] waiting period is over.
2. He may not combine a woman with her paternal or maternal aunt, nor with her [niece:] sister’s daughter or brother’s daughter.
3. He may not combine two women [who are such that], if one of them were a man, it would not be permissible for her to marry the other.

4. There is no objection to combining a woman with a daughter a husband she had previously.

5. A free man may marry four - free women or slave-girls, and he may not marry more than that. If a free man divorces one of the four with an irrevocable divorce, it is not permissible for him to marry a [new] fourth [wife] until the waiting-period of [the other] is completed.

3.5 Prohibition by Religion

1. It is permissible [but disliked for a Muslim man] to marry women of the People of the Book, but it is not permissible to marry Zoroastrian women, nor idolatrous women.

2. It is permissible to marry Sabean women if they believe in a prophet and affirm a scripture, but if they worship the planets, and have no scripture, then it is not permissible to marry them.

[lot]

4.0 THE WALI

4.1 Precedence for Wilayah

1. The wali is a paternal male relative.

If there exist for an insane woman both her her father and her son, then the wali in her marriage is her son according to Abu Hanifah and Abu Yusuf. Muhammad said : [it is] her father.
2. A slave, minor, insane person, or unbeliever, have no wilayah over a Muslim woman.
3. Abu Hanifah said : it is valid for non-male relatives to marry of the women [if males are not available].

4. If the immediate wali is disjointedly absent, then it is valid for someone beneath him [in predence] to marry [the women off]. A disjointed absence is that he be in a city where the caravans reach only once a year.


4.2 Compatibility

1. Compatibility in marriage is taken into consideration. So, if a woman marries an incompatible [man], the wali has the right to separate them.

2. Compatibility is considered in:

lineage
religion
wealth, which is that he be in possession of the mahr and maintenance.
profession.

4.3 Authority of the Wali

1. According to Abu Hanifah, the marriage of a free, adult, sane woman is contracted with her consent, even if there no wali performs the contract for her, whether she is virgin or not. Abu Yusuf and Muhammad said : it is not contracted without a wali.

2. It is not permissible for the wali to coerce an adult virgin to marry [someone].

3. If he asks for her permission, and she remains silent, or giggles, that is [indicative of] her permission. But, if she refuses, he may not marry her off.

If the husband says, ‘The marriage [proposal] reached you, and you remained silent,’ but she says, ‘No, I refused it.’ then the word is hers, and there is no oath due on her. There is no extraction of oath in marriage according to Abu Hanifah. [But] Abu Yusuf and Muhammad said : oaths are extracted in it.
4. If he asks the permission of a non-virgin, her consent in words is essential.
If her virginity was removed by jumping, or menstruation, or an injury, then her is that of the virgin.
If it was removed by fornication, then the same according to Abu Hanifah.
5. The marriage of a minor male or female is valid if the wali marries them off, whether the minor girl is a virgin or not.
6. If [two minors] were married off by the father or grandfaather, then they do not have a choice after reaching maturity. But, if other than the father or grandfather married them off, then each of them has the choice when they reach adulthood : if he wishes, he may continue in the marriage, and if he wishes he may annul it.

7. If a woman marries and keeps her mahr lower [than her peers] then the wali has the right to object to that, according to Abu Hanifah, until [the husband] makes up the mahr of her peers or separates from her.

8. If a father marries off his minor daughter anbd keeps her mahr lower [than her peers], or [marries off] his minor son and exceeds in the mahr of his wife, that is valid for them. But that is not permissible for other than the father and grandfather.

9. It is valid for a paternal uncle’s son to marry the daughter of his paternal uncle to himself.

If the woman gives permission to a man to marry her to himself in the presence of two witnesses, [the contract] is valid.