Hanifi Fiqr Part 1

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5.0 MAHR (MARRIAGE PAYMENT TO THE BRIDE)

5.1 Specification

1. The marriage is valid if a mahr was named in it, and it is valid [even] if no mahr was named

in it.

If a man marries off his daughter [to a man] on condition that the man marry off hsi sister, or daughter, such that one of the contracts is in exchange for the other , then both contracts are valid, but each of [the women] is entitled to the mahr of her peers.
2. The minimum mahr is 10 dirhams, and so if he named less than 10, she is entitled to 10.
If a Muslim marries [a woman] on [a mahr of] wine, or pork, then the marriage is valid, but she is entitled to the mahr of her peers.
If he marries her on [a mahr of] an undescribed animal, the naming is valid, and she is entitled to a medium one. The husband has a choice : if he wishes, he may give her that, or if he wishes, he may give her its value [in money].
If he marries her on [a mahr of] an undescribed garment then she is entitled to the mahr of her peers.
If a free man marries a woman on [a mahr of] service to her for a year, or for teaching her Qur’an, then she is entitled to the mahr of her peers.
3. The dower of her peers is reckoned by [consideration of] her sisters, paternal aunts and paternal uncle’s daughters. It is not reckoned with reference to her mother and maternal aunt if they are not of her tribe. That which is taken into account in [ascertaining] the mahr of her peers is :
that the two women are equivalent in age, beauty, modesty, wealth, intelligence, religiousness, country and time.

4. If he added to [the amount of] her mahr after the contract, he is obliged to [pay] the additonal amount, but it is waived by divorce before consummation.

If she waived [some] of her mahr from him, the waiver is valid.






5.2 Entitlement

1. If a man is secluded with his wife, and there is no hindrance from intercourse, and then he divorces her, then she is entitled to the complete mahr. But, if one of them is ill, or fasting in Ramadan, or in ihram for obligatory or superogatory hajj or `umrah, or she is menstruating, then it is not a valid seclusion.

If a castrated man is in seclusion with his wife, and then divorces her, then she is entitled to the complete mahr according to Abu Hanifah.
2. Whoever names a mahr of 10 [dirhams] or more is obliged [to pay] the named [amount] if he consummates with her or dies leaving her.
If he divorces her before consummation and seclusion, then she is entitled to half of the named amount.

3. If he marries her and does not name a mahr, or he marries her on condition that she will have no mahr, then she is entitled to the mahr of her peers if he consummates with her or dies leaving her.

If he divorces her before consummation, then she is entitled to compensation, which is three garments of her peer’s usage.

4. If he marries her and does not name a mahr, and then they mutually agree to name a mahr, then she is entitled to it if they consummate or he dies leaving her. If he divorces her before consummation then she is entitled to compensation.

5. It is recommended [for a man to give] compensation to every divorced woman except one [for whom it is essential,] and that is the one he divorced before consummation and for whom he did not name a mahr.

6. If the wali guarantees the mahr, his guarantee is valid, and the woman has a choice between demanding [it] from her husband or [from] her wali.

7. If [a man] marries a woman on [a mahr of] one thousand [being less than the mahr of her peers] on condition that he will not take her out of the country, or on condition that he will not marry over her, then if he fulfils the condition she is entitled to the named [mahr]. But, if he marries over her, or takes her out of the country, then she is entitled to the mahr of her peers.

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6.0 TERMINATION OF A MARRIAGE

6.1 Invalidation of a Marriage

1. It is valid for a man and woman in ihram to marry one another in the state of ihram.

2. Mut`ah marriage and time-limited marriage are invalid.

3. If the judge separates the two spouses of an unsound marriage before consummation, then she is not entitled to a mahr, and similarly after seclusion. But, if he consummated with her then she is entitled to the mahr of her peers, [but] it may not exceed the named [mahr]. The waiting period is due upon her, and the lineage of her child is established.

4. Whoever marries two women in one contract, one of them not being lawful to him to marry, the marriage of the one who is lawful for him to marry is valid, and the marriage of the other is invalidated.

6.2 Physical Defects

1. If the wife has a defect, then her husband has no power of choice.

2. If the husband is afflicted with insanity, or white or black leprosy, then the wife has no power of choice according to Abu Hanifah and Abu Yusuf. Muhammad said : she has the power of choice.

3. If he is impotent, the judge adjourns him for a year, and then if he reaches her [during that time, the marriage continues] otherwise he separates them if the woman requests that. The separation is an irrevocable divorce. She is entitled to the entire mahr if he had been secluded with her.

The castrated man is adjourned just as the impotent one is adjourned.

4. If [the husband] is [a man with] dissevered [genitals] then the judge separates them immediately, and does not adjourn him.

6.3 Embracement of Islam

1. If a woman embraces Islam and her husband is an unbeliever, the judge presents Islam to him. Then, if he accepts Islam, she is [still] his wife, but if he refuses [the judge] separates them, and that is an irrevocable divorce according to Abu Hanifah and Muhammad. Abu Yusuf said : it is a separation without divorce.

2. If a husband embraces Islam with a Zoroastrian woman under him, [the judge] presents Islam to her. Then, if she embraces Islam, she is [still] his wife, but if she refuses, the judge separates them. This separation is not a divorce, but if he had consummated with her she is entitled to the mahr. If he had not consummated with her then there is no mahr for her.

3. If a woman embraces Islam in Dar al-Harb, separation does not take effect on her until she has menstruated three menstrual periods. Then, when she has menstruated [thrice], she becomes separated from her husband.

4. If the husband of a Kitabi woman embraces islam, they [continue] upon their marriage.

5. If one of the two spouses comes out to us from Dar al-Harb as a Muslim, separation takes effect between them.

6. If a woman comes out to us as an emigree, it is permissible for her to marry, and there is no waiting period [due] upon her according to Abu Hanifah. But, if she is pregnant, she may not marry until she delivers her load.

7. If an unbeliever married without witnesses, or in the waiting period of an unbeliever, and that is legitimate according to their religion, and then they both embrace Islam, they are asserted in it. But if a Zoroastrian married his mother, or his daughter, and then they both embraced Islam, they are separated.

6.4 Apostasy

1. If one of the two spouses apostasizes from Islam, separation occurs between them without divorce. Then,

If the apostate is the husband, and he has consummated with her then she is entitled to the entire mahr.
If the woman is the apostate before consummation then there is no mahr for her. But, if the apostasy is after consummation, she is entitled to the mahr.
If they both apostasize together and [then] embrace Islam together then they [continue] upon their marriage.
2. It is not permissible for an apostate to marry a Muslim woman, nor an unbelieveing woman, nor an apostate woman. Similarly, an apostate woman may not be married by a Muslim man, nor an unbeliever nor an apostate.
3. If one of the spouses is Muslim then the child [continues] upon his religion. Similarly, if one of the two [spouses] embraces Islam and has a minor child, his child becomes Muslim by his [parent’s] Islam. If one of the two spouses is a Kitabi and the other Zoroastrian then the child is a Kitabi.

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7.0 TREATMENT OF WIVES

1. If a man has two free-women wives, it is [obligatory] upon him to be just with them in division [of nights, clothing, food and companionship], whether they were both virgins, or both non-virgins, or one a virgin and the other a non-virgin.

2. They have no right to division in the circumstance of travel. The husband may travel with whomever he wishes of them, but the more appropriate [procedure] is that he draw lots between them, and then travel with whichever [wife] has her lot drawn.

3. If one of the wives consents to forgo her share for her co-wife, it is valid, but she is entitled to revoke that.

8.0 SUCKLING

8.1 Period of Suckling

1. A little and a lot of suckling is the same [as far as regulation]. If it occurs in the period of suckling, [the ruling of] prohibition is attached to it.

2. The period of suckling, according to Abu Hanifah, is thirty months. Abu Yusuf and Muhammad said : two years.

3. Then, when the period of suckling has expired, no prohibition is attached to suckling.

4. In suckling, the testimony of women alone is not accepted. [Suckling] is only established by the testimony of two men, or a man and two women.

8.2 Mixing of the Milk with Other Substances

1. If milk is mixed with water, and the milk is predominant, prohibition is attached to it, but if the water is predominant, prohibition is not attached to it.

2. If [milk] is mixed with food, prohibition is not attached to it, even if the milk is predominant according to Abu Hanifah.

3. If [milk] is mixed with medicine and [the milk] is predominant, prohibition is attached to it.

4. If milk is mixed with the milk of a ewe, and the [human] milk is predominant, prohibition is attached to it, but if the ewe’s milk is predominant, prohibition is not attached to it.

5. If the milk of two women is mixed, prohibition is attached to the preponderant of the two according to Abu Hanifah and Abu Yusuf. Muhammad said : It is attached to them both.

8.3 Source of the Milk

1. If milk is extracted from a woman after her death, and an infant is fed with it, prohibition is attached to it.

2. If milk comes forth from a virgin, and she then suckles an infant with it, prohibition is attached to it.

3. If milk comes forth from a man, and he then suckles an infant with it, prohibition is not attached to it.

4. If two infants drink the milk of a [single] ewe, there is no [relationship of] suckling between them.

8.4 Prohibitions through Suckling

1. Suckling makes prohibited all that kinship makes prohibited, except for

The mother of his foster-sister, and so he may marry her, although he may not marry the mother of his sister by kinship, and
The sister of his foster-son; he may marry her, although he may not marry the sister of his son by kinship.
The wife of his foster-son he may not marry, just as he may not marry the wife of his son by kinship.
The wife of his foster-father he may not marry, just as he may not marry the wife of his father by kinship.

2. A man may marry the sister of his foster-brother, just as he may marry the sister of his [half-]brother by kinship. That is, for example, like a paternal brother, if he has a maternal sister; it is permissible for his paternal brother to marry her.

3. Prohibition is attached to the milk due to a man, which is that the wife suckles a girl, and so then this girl is prohibited to her husband, and to his fathers and sons. The husband from whom the milk is derived becomes a [foster-]father to the suckled girl.

4. [For] any two infants that share a breast, it is not permissible for one of them to marry the other.

5. It is not permissible for a suckled girl to marry any one of the sons of the woman who suckled her, nor her son’s sons.

6. A suckled boy may not marry the sister of the foster-woman’s husband, because she is his foster-aunt.

7. If a man marries an infant girl and an adult woman, and then the woman suckles the infant, they both become prohibited to the husband. If he had not consummated with the woman, then there is no mahr for her, but the infant is entitled to half the mahr. The husband may claim it from the woman is she had deliberately used that for invalidation [of the marriage]. If she had not done it deliberately then there is nothing due upon her.

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FOOD AND DRINK

(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

Hunting
Permissibility
Use of Animals
Shooting
Slaughtering
Conditions
The Animal
Types
What May and May not be Eaten
Beverages

1.0 HUNTING

1.1 Permissibility

1. The hunting of a Zoroastrian, apostate or idolater may not be eaten.
2. It is permissible to hunt those animals whose meat may be eaten, and also those which may not be eaten.

If one slaughters that whose meat may not be eaten, its flesh and skin become pure, except for the human and the pig, for slaughter does not have any effect on them [for the purpose of useability]

1.2 Use of Animals

1. It is permissible to hunt with a trained dog, panther, falcon, or any other trained predatory animal or bird.
The training of a dog is : that it refrain from eating three times.
The training of a falcon is : that it return when you call it.
2. So, if one sends his trained dog, or falcon, or hawk, and mentions the name of Allah, the Exalted upon it at the time of sending, and then [the animal] seizes the prey and wounds it such that it dies, it is permissible to eat it.
If the dog eats from it, it may not be eaten, but if the falcon eats from it, it can be eaten.
If the dog strangles [the prey] and does not wound it, it may not be eaten.
If an untrained dog - or a Zoroastrian’s dog, or a dog on which the name of Allah, the Exalted was not mentioned - participated with [the trained dog], it may not be eaten.
3. If the sender reaches the prey alive, it is obligatory upon him to slaughter it, and so if he refrains from slaughtering it until it died, then it may not be eaten.

1.3 Shooting

1. If a man shoots an arrow at prey, and mentions the name of Allah at the time of shooting, he may eat what he strikes provided the arrow wounded it so that it died [as a result]. But, if he reaches it alive, he [must] slaughter it, and so if he refrains from slaughtering it until it died, then it may not be eaten.

If the arrow strikes, and the animal struggles [and moves] so that it disappears from him, but he continues to pursue it until he overcomes it dead, it may be eaten. But, if he sat back from pursuing it, and then came upon it dead, it may not be eaten.
If he strikes quarry which then falls into the water and dies, it may not be eaten.
Similarly, if it falls on an inclined surface or mountain, and then tumbles down to the ground, it may not be eaten, but if it falls to the ground initially, it may be eaten.
If someone shoots a quarry, and strikes it without incapacitating it nor preventing it from escaping, and then someone else shoots it and kills it, it is his and may be eaten. But, if the first one incapacitates it and then the second one kills it, it may not be eaten, and the latter must reimburse the former for its price less its wound
2. That which a featherless arrow strikes with its breadth may not be eaten, but if it wounds [the quarry] it may be eaten.
That which is struck by a pebble may not be eaten if it dies from that.
3. If one shoots at quarry and severs a piece from it, [the animal] may be eaten, but the piece may not be eaten. But, if he cuts it in thirds, and the major portion is adjacent to the rump, then it may [all]be eaten. If the major portion is adjacent ot the head, the larger portion may be eaten, but the lesser one may not.

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2.0 SLAUGHTERING

2.1 Conditions for Slaughtering

1. The slaughter of a Muslim or a Kitabi is permissible [to eat].

The slaughter of a Zoroastrian, apostate, idolator or [Muslim] in ihram may notbe eaten.
2. If the slaughterer omitted the pronouncment of the name [of Allah] deliberately, then the slaughter is carrion which may not be eaten. But, if he left it out forgetfully, it may be eaten.
3. The vessels which must be severed in slaughtering are four : the trachea, the oesophagus and the two jugular veins. So, if he cut [all] these, eating [from the animal] is permissible. If he cut most of them, then similarly [it is valid] according to Abu Hanifah. Abu Yusuf and Muhammad said : it is essential to cut the trachea, the oesophagus and one of the two jugular veins.

If one reaches spinal cord with the knife, or severs the head, that is repugnant for him [to do], but the slaughter may be eaten.
If one slaughters a ewe from the back of its head, then if it remains alive until he severs the [required] vessels it is valid but repugnant. But, if it dies before the cutting of the vessels it may not be eaten.
4. It is permissible to slaughter with sharp reed or stone, or anything which causes the blood to flow out, except for an intact tooth or an intact nail.
It is recommended that the slaughterer sharpen his blade.
2.2 The Animal
1. An animal with severed ears or [severed] tail does not suffice, nor one from which the major part of the ear has gone. But, if the major portion of the ear or tail remains, it is permissible.
2. It is permissible to immolate hornless, castrated, mangy or insane animal.
3. Immolation is [only] from amongst camels, cows and sheep [or goats].
A thaniyy, or better, of [any of] these suffices, except for the sheep, of which a jadha` suffices.
4. If one pierces a camel, or slaughters a cow or sheep, and then finds in its belly a dead fetus, it may not be eaten, whether its features are discernible or not.

2.3 Methods of Slaughter

1. Domesticated game must be slaughtered, and wild livestock may be wounded [as in hunting].
2. The recommended [technique] for camels is piercing, but if one slaughters them, it is valid but disliked.
3. The recommended [technique] for cows and sheep is slaughtering, but if one pierces them, it is valid but disliked.


3.0 WHAT MAY AND MAY NOT BE EATEN

1. It is not permissible to eat any canine-toothed beast of prey, nor any taloned [predatory] bird.

There is no objection to [eating] the agrarian crow, but the speckled one which eats corpses may not be eaten.
It is repugnant to eat the hyena.
2. [It is repugnant to eat the] lizard and all vermin.
3. It is not permissible to eat the flesh of the domesticated donkey or mule.
The meat of the horse is repugnant according to Abu Hanifah.
4. There is no objection to eating the rabbit.
5. Nothing may be eaten of the animals of the water except fish.
6. It is repugnant to eat floating [fish which died on their own].
7. There is no harm in eating the jirrith and eel
8. It is permissible to eat locusts, and there is no slaughter [needed] for them.

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4.0 BEVERAGES

1. The [unanimously] prohibited beverages are four:

Wine, which is the juice of grapes when it ferments, becomes intoxicating and emits froth.
[Tila : grape-]juice when it is boiled until less than two-thirds of it disappear [and it becomes intoxicating].
[Sakar :] infusion of dates [when it ferments and is intoxicating].
[Naqi` :] infusion of raisins when it [ferments and] is intoxicating.
2. Fermented juice of dates and raisins, if each of them is cooked [with] the slightest cooking, is permissible, even if it is intoxicating, provided one drinks from it [such an amount] that one is reasonably sure that it will not intoxicate him, [and provided it is not drunk] for fun or amusement. [Under the same conditions:]
There is no objection to khalitan .
The fermented juice of honey, fig, wheat, barley and corn is permissible even if it has not been cooked.
Grape-juice, if it is cooked until two-thirds of it disappears and one third remains, is permissible even if it is intoxicating.
[All of this is according to Abu Hanifah and Abu Yusuf. Muhammad said : the above are all prohibited, even in small quantities, and regardless of the reason for drinking, and his is the verdict of the madhhab.]
3. There is no objection to preparing juice in gourds, earthenware, pitch-coated vessels, or hollowed wooden vessels.
4. When wine turns to vinegar, it becomes permissible, whether it turned to vinegar on its own, or because of something cast into it. It is not repugnant to make it into vinegar.

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OATHS
(According to the Qur'an and Sunnah,
as extracted and inferred by scholars of the Hanafi school.)

Abridged from "Mukhtasar al-Quduri", a matn of Hanafi fiqh



Types of Oath
Enactment of an Oath
Expiation for a Broken Oath
Vows

1.0 TYPES OF OATH

Oaths are of three varieties:
1. An engulfing oath (ghamus).
2. An enacted oath.
3. A mistaken oath.

1.1 The Engulfing Oath is : swearing to something past, deliberately lying about it. The undertaker of this oath is sinful, but there is no expiation for it other than seeking forgiveness [from Allah].

1.2 The Enacted Oath is : swearing to something future, that one will perform it - or not perform it. Then, if he breaks his oath, expiation is binding upon him.

1.3 The Mistaken Oath is : that one swear to something past, thinking that it is as he is has said, whereas the [reality of the] matter is contrary to it. This [type of oath], we hope that Allah will not take its undertaker to task.


2.0 ENACTMENT OF THE OATH

The deliberate and the coerced are equal in [the enactment of] an oath.
Oaths are [sworn]
by Allah, the Exalted, or
by one of His names, such as Ar-Rahman or Ar-Rahim. or
by one of His attributes, such as the Might of Allah, His Majesty or His Grandeur [and the like], except for one’s saying, "By Allah’s Knowledge!" for that is not an oath. If one swore by one of the Attributes of Action, such as the Wrath and Displeasure of Allah, he is not [considered to have] sworn.
Whoever swears by other than Allah is not [considered to have] sworn, such as [if he swore by] the Prophet, the Qur’an, or the Ka`bah.
3. Swearing is [effected] by [use of] the swearing letters. The swearing letters are :

The waw, such as one’s saying, "Wallahi"
The ba, such as one’s saying, "Billahi"
The ta, such as one’s saying, "Tallahi"
The letters may be concealed, in which case one is [still considered to] have sworn.
4. If one says :

"Uqsimu" (I take an oath) ,or "Uqsimu Billahi" (I takes an oath by Allah), or
"Ahlifu" (I swear), or "Ahlifu Billahi" (I swear by Allah),
then he is [considered to have] sworn. And, similarly [by] his saying,
"Wa `Ahdillahi wa-Mithaqih" (by the Covanant of Allah and His Pact!), or
"`Ala Nadhr" (Upon oath!), or "Nadhrun Lillahi" (An oath to Allah!), or
"If I do such a thing then I am a Jew, or a Christian, or an unbeliever,"
then it is [considered] an oath.
5. If one says, "[If I do such-and-such then] upon me be the Wrath of Allah!" or "I am an adulterer," or "A drinker of wine," or "A consumer of interest," then he has not [considered to have] sworn.

6. If one swore an oath but said, "If Allah wills," joined to his oath, then no [penalty for] breaking it is [due] upon him.

7. If one swore that he will not do such-and-such, then he must refrain from it forever. But, if one swore that he will surely do such-and-such, and then does it once, he is freed from his oath.