The Laws Of Islam
The Laws of IslamĀyatullāh Sayyid Muḥammad Taqī al-Mudarrisī al-Ḥusaynī
2THE LAWS OF ISLAMTable of ContentsPART ONE: ISLAMICDOCTRINES FROM THEQURʾĀN AND SUNNA . 10INTRODUCTION . 10WHY DO WE DISCUSS BELIEFS?. 10FIRST: ABOUT DIVINE UNITY(TAWḤĪD) . 12DIVINE UNITY IN THE QURʾĀN. 12The greatest witness . 13One God . 14Complete belief in Divine Unity. 15DIVINE UNITY IN THE SUNNA 15The right way to know Allah 15‘I call to Allah ’ . 16By what means did you knowyour Lord? . 16Negation of attributes . 17The lowest degree of knowledge. 17‘Do not contemplate Allah’sessence ’. 17The value of Divine Unity . 18SECOND: CONCERNINGDIVINE JUSTICE (ʿADL) . 19DIVINE JUSTICE IN THE QURʾĀN. 19He wrongs no one . 19The scales of justice . 20DIVINE JUSTICE IN THE SUNNA. 20He is justice . 20One who does not know Allah 20Allah is too generous . 21He tests whomsoever He wills 21THIRD: CONCERNINGDIVINE MESSAGES ANDMESSENGERS . 22THE MESSAGE IN THE QURʾĀN. 22Messengers and man’sresponsibility . 23The purpose of messengers . 23No compulsion . 23THE MESSENGER IN THEQURʾĀN . 24For all mankind . 24The Messenger is an exemplar. 24To prevail over all religions . 25OBEYING THE MESSENGER. 25Obedience and development . 26DIVINE MESSAGES AND DIVINEMESSENGERS IN THE SUNNA . 26Why did Allah send prophets? 26How do we prove thatmessengers have been sent? . 27A manifest authority . 28The peak of the prophets . 28The seal of the prophets . 29FOURTH: CONCERNINGIMAMATE AND IMAMS . 30IMAMATE AND IMAMS IN THEQURʾĀN . 30Why do we need an Imam? . 30Those in authority . 31Who appoints the Imam? . 31Imamate and Allah’s grace . 32Who are the Imams? . 32IMAMATE AND IMAMS . 33
MUḤAMMAD TAQĪ AL-MUDARRISĪAllah’s authorities over Hiscreatures . 36Whoever is loyal to them isof me . 36Knowing the Imam . 36Be loyal to ʿAlī! . 37Twelve Imams. 37OUR RESPONSIBILITY TOWARDSTHE IMAM 7 . 38What is the duty of the peopletowards the Imam? . 38FIFTH: CONCERNING THERESURRECTION AND THEAFTERLIFE . 42RESURRECTION ANDAFTERLIFE IN THE QURʾĀN . 42A day in which there is no doubt. 43Why will we be resurrected? . 44The life of the Hereafter . 44A day that awaits you . 44The hour is bound to come . 45RESURRECTION AND THEAFTERLIFE IN THE SUNNA . 46He shall bring it back as Hecreated it . 47You were created for theHereafter . 48Read your book . 48Use this world to secure the next. 49The Hereafter is in front of you. 49PART TWO: RULINGS FORACTS OF WORSHIP (ʿIBĀDĀT). 50FOLLOWING A JURIST(TAQLĪD) AND LEGALMATURITY (BULŪGH) . 50WHAT IS TAQLĪD? . 503RULES OF TAQLĪD . 51Pre-eminence in knowledge . 51How can we identify a jurist? 52Conditions for being marjaʿ altaqlīd . 52Rules of legal maturity(bulūgh) . 54RITUAL PURITY (ṬAHĀRA) . 55INTRODUCTION . 55Ritual purity in the noble sunna. 57SECTION ONE: PURIFYINGAGENTS (MUṬAHHIRĀT) . 58First: Water . 58Second: The earth . 70Third: The sun . 71Fourth: Change andtransformation . 72Fifth: Islam . 72Sixth: Other purifiers . 73SECTION TWO: IMPURITIES . 75Introduction . 75What is ritual impurity(najāsa)? . 75General rules . 82SECTION THREE: THREEMETHODS OF RITUALPURIFICATION . 84Introduction . 84What requires ritual purity . 85First: Wuḍūʾ . 85Second: Ghusl . 97Third: Tayammum.105SECTION FOUR: TYPES OFBLEEDING IN WOMEN .111First: Menstruation (ḥayḍ) .111Second: Spotting (istiḥāḍa) .125Third: Puerperal (postchildbirth or postpartum)bleeding (nifās) .129
4THE LAWS OF ISLAMSECTION FIVE: CLEANLINESSAND ADORNMENT. 1311: Etiquettes of ritual purityand adornment .1312: Rulings and etiquettes ofusing the lavatory .135SECTION SIX: THE ETIQUETTESOF ILLNESS AND RULESPERTAINING TO DEATH . 138Death and us .138Repentance: How and when?.139Washing the deceased .143Praying over the deceased .150Rulings about graves .157Ghusl for touching a corpse .158PRAYER .160PRAYER IS A SIGN OF FAITH .160The mark of faith .161Reverence in prayer .162Those who squander theirprayers .162This is how the Imam 7prayed .163SECTION ONE: PRELIMINARYRULES FOR PRAYER . 165First: Obligatory andsupererogatory prayers.165Second: The times for dailyprayers .166The time for ẓuhr and ʿaṣr .168The time for maghrib andʿishāʾ .169The time for fajr prayers .170Rulings pertaining to prayertimes .171Third: Rules for the qibla .173Fourth: Rules for covering .175Fifth: The place of prayer .181Sixth: Rules and mannerspertaining to mosques .183SECTION TWO: ACTS OFPRAYER . 185First: The adhān and iqāma.185Second: Intention .187Third: Takbīrat al-iḥrām .189Fourth: Standing (qiyām) .190Fifth: Recitation (qirāʾa).191Sixth: Bowing (rukūʿ) .194Seventh: Prostration (sujūd).196Eighth: Tashahhud .199Ninth: Taslīm .200Tenth: Order of actions .200Eleventh: Continuity .201Twelfth: Qunūt .201Thirteenth: Taʿqīb .201SECTION THREE: RULES FORDEFICIENCIES IN PRAYER(KHILAL FĪ AL-ṢALĀT) .202First: Things which invalidateprayer .202Second: Rules pertaining todoubts and deficiencies in prayer.207SECTION FOUR: RULES FOROTHER PRAYERS . 216First: Prayers for the traveller.216Second: Prayers in conditions offear and danger (ṣalāt al-khawfwa al-muṭārada) .223Third: Compensating for missedprayers .225Fourth: Hired prayers .227Fifth: Congregational prayer.227Sixth: Friday prayers.235The noble sunna: .237Seventh: ʿĪd prayers .242
MUḤAMMAD TAQĪ AL-MUDARRISĪEighth: The prayer of signs(ṣalāt al-āyāt) .243Ninth: Supererogatory prayers.244FASTING (ṢIYĀM) .246FASTING IN THE QURʾĀN ANDSUNNA .246WHAT IS FASTING? .247CONDITIONS FOR FASTING .248RULES FOR THOSE UNABLE TOFAST . 250RULES FOR THE INTENTION TOFAST . 250Fasting on a day of doubt(yawm al-shakk) .251THINGS WHICH BREAK THEFAST (MUFṬIRĀT) . 251A – Rules for food and drink.253B – Sexual intercourse .253Other things which invalidatethe fast.254Rulings regarding ignorance,error, and compulsion .255The ruling for someone whointentionally breaks his fast.256When is it obligatory to onlymake up for a fast? .256Rules for making up missed fasts.257ETIQUETTES OF FASTING .259A.Avoiding sins .259B.Abstinence in fasting .260C. Looking after one’s health260HOW IS THE CRESCENTESTABLISHED?. 261RULES FOR SECLUSION (IʿTIKĀF).262What is seclusion? .262Its conditions.2625Rules for seclusion .263THE FIFTH (KHUMS) .266WHY DO WE PAY KHUMS? .266THE ROLE OF KHUMS INRELIGIOUS LIFE . 267UPON WHAT MUST KHUMS BEPAID? . 268First: War booty .268Second: Mineral wealth .269Third: Treasure .270Fourth: Diving .270Fifth: Licit wealth mixed withillicit wealth .271Sixth: A non-Muslim citizenwhen purchasing land from aMuslim .272Seventh: Surplus income .272Dividing the shares of khums.275THE ALMS TAX (ZAKĀT) .276ZAKĀT ON WEALTH .276WHO MUST PAY ZAKĀT? .278UPON WHAT MUST ZAKĀT BEPAID? . 279Cattle .280Gold and silver .281Crops .283HOW CAN ZAKĀT CAN BE SPENT?.285First & second: The poor andneedy .285Third: Those who collect zakāt.286Fourth: Those whose hearts areto be reconciled .286Fifth: Freeing slaves .287Sixth: Debtors .287Seventh: In the way of Allah 287Eighth: The wayfarer .287
6THE LAWS OF ISLAMCONDITIONS FOR THOSE WHORECEIVE ZAKĀT . 287ZAKĀT AL-FIṬRA .289The obligation to pay fiṭra .289Its quantity and kind .290Its time.290Fiṭra for dependents and guests.290How fiṭra should be spent .291EXPENDITURE AND CHARITY(ṢADAQA) IN THE NOBLE SUNNA.291The effects of charity: .291The perfection of faith: .291The Shīʿa and the poor: .291They do good works .292PILGRIMAGE (ḤAJJ) .293DEFINITION OF ḤAJJ .293THE RULINGS OF ḤAJJ .293THE MAWĀQĪT .294ACTS OF ʿUMRAT AL-TAMATTUʿ.295VIOLATIONS OF CONSECRATION.296ACTS IN ḤAJJ AL-TAMATTUʿ.297JIHĀD .298INTRODUCTION .299SECTION ONE: STRUGGLEAGAINST CHALLENGES . 300Against whom should westruggle?.300RULES FOR ENJOINING GOODAND FORBIDDING EVIL . 306Introduction .306The obligation of enjoining goodand forbidding evil .307Conditions for enjoining goodand forbidding evil .309Levels of admonition .312The etiquettes of enjoining goodand forbidding evil .314PART THREE: SELECTEDRULINGS FORTRANSACTIONS ANDCONTRACTS .317CHAPTER ONE:JURISPRUDENCE FOR AGOOD LIFE .317FIRST: SECURITY IN ISLAMICLIVING . 317Justice in Islamic society .322Peace is the goal of every believer.328Governing by truth .330The sanctity of life .335Guilt and innocence .338Security and protection .339SECOND: THE JURISPRUDENCEOF PROVISION AND LIVELIHOOD.343Food and drink.343House and home .346Health and wellbeing .354Teaching and learning .356THIRD: THE JURISPRUDENCEOF OFFSPRING AND FAMILY TIES.358AFFECTION .358Relations between the faithful.358Family ties.361Children and offspring .363CHAPTER TWO:TRANSACTION LAW –GENERAL PRINCIPLES .367FIRST: GENERAL RULES FOREARNING (MAKĀSIB). 3671: General rules for earningsustenance .367
MUḤAMMAD TAQĪ AL-MUDARRISĪ2: The lawful and unlawful ineconomic activities .368Trade on the basis of mutualconsent .369SECOND: GENERAL RULES FORCONTRACTS . 370Introduction .3701: Conditions for the formulaused in contracts .3702: The limits of a contract .3713: Eligibility of the contractingparties .3724: The object of a contract (or,the conditions of compensation).374THIRD: FORBIDDEN SOURCESOF INCOME . 3751: General rules .3752: Contracts involving sources ofritual impurity .3753: Fraud and deception .3774: Gambling and wagers .3775: Singing and music .3786: Earning from other forbiddensources .378FOURTH: ADDENDA .3791: Hoarding .3792: Withdrawals, or the right ofannulment .380CHAPTER THREE: RULESFOR CONTRACTS ANDAGREEMENTS .382RULES FOR SALE .382Kinds of sale.382Resale with the specification ofgain .382Money changing .383Preemption (shufʿa) .385Investment (muḍāraba) .386Rules of partnership (sharika).3887Managing a partnership andworking in one .389Rules for settlement (ṣulḥ) .390Rules for hire, lease, and rental(ijāra) .391Hiring persons .393Rules for rewards (juʿāla) .393RULES FOR SHARECROPPING395Rules for plantationsharecropping (masāqā).396Rules for agency (wikāla) .397Rules for bail (kafāla) .399Rules for guarantees (ḍimān).400Rules for transference of debts(ḥawāla) .401Rules for gifts (hiba) .402RULES PERTAINING TO LOANS(QARḌ) AND DEBTS (DAYN) .403Rules for loans (qarḍ) .404RULES FOR COLLATERAL(RAHN) .406RULES FOR BORROWING(ʿĀRIYA) .407Rules for deposits (wadīʿa) .409Rules for admission (iqrār) .410RULES PERTAINING TO LEGALIMPEDIMENTS (ḤAJR) . 411What is a legal impediment?411RULES PERTAINING TO THEUSURPATION (GHAṢB) ANDDESTRUCTION OF PROPERTY(ITLĀF) .413Rules concerning usurpation(ghaṣb) .414Rules concerning loss or damageto property (itlāf) .415RULES FOR OATHS (YAMĪN) .416RULES FOR VOWS (NADHR) ANDCOVENANTS (ʿAHD) . 418Kinds of vows .419
8THE LAWS OF ISLAMThe object of a vow (mandhūr).419Rules for covenants (ʿahd) .420RULES FOR COMPETITIONS(MUSĀBIQĀT) .421RULES FOR THE FINAL WILLAND TESTAMENT (WAṢIYYA) . 422Wills (waṣiyya) .422The testator (mūṣī) .424CHAPTER FOUR: RULES FORMARRIAGE AND FAMILYLIFE .426RULES FOR MARRIAGE (ZAWĀJ).426Qurʾānic insights into theIslamic household.426Marriage is a divine sunna .428RULES PERTAINING TO THEGAZE (NAẒR) . 429WOMEN WHOM IT ISFORBIDDEN TO MARRY . 432On grounds of religiousdifferences .432On the grounds of consanguinity(nasab) .433On the grounds of suckling(riḍāʿ) .433On grounds of relation bymarriage (muṣāhara) .434On the grounds of fornication(zinā) .434Marrying two sisterssimultaneously .434Marrying a woman during herwaiting period (ʿidda) .435Marrying a woman whoalready has a husband .435Marrying while in a state ofconsecration (iḥrām) .436Marrying a fornicatress .436On the grounds of sodomy .437THE MARRIAGE CONTRACT .437The essence of a marriagecontract (ʿaqd al-nikāḥ) .438Legal guardians for a marriagecontract .439Rules for the dowry (mahr) .440Rules for defects in the spouses.441Matters of deception and defectsin the wife .443Maintenance (nafaqa) .444The manners of spendingaccording to the sunna .445RULES FOR TEMPORARYMARRIAGE (MUTʿA) . 445Introduction .446The contract of temporarymarriage .447The place of temporarymarriage .449The dowry (mahr) andduration (ajal) .450Rules pertaining to children andissues of separation .451RULES FOR SUCKLING (RIḌĀʿ).452Condition one: That the breastmilk must follow marriage .452Condition two: The amount ofsuckling .453Condition three: Suckling musttake place before weaning .453Condition four: Milk of a singlehusband .454The impediment arising fromsuckling .454RULES FOR DIVORCE (ṬALĀQ).454Introduction .454Conditions for divorce .456Types of divorce .458
MUḤAMMAD TAQĪ AL-MUDARRISĪRules pertaining to the waitingperiod (ʿidda) .460Triple divorces.462Khulʿ and mubāraʾa divorces.462RULES FOR ẒIHĀR DIVORCES,FORESWEARING (ĪLĀʾ), ANDMUTUAL IMPRECATION (LIʿĀN).4649First: Ẓihār .464Second: Forswearing (īlāʾ) .466Third: Mutual imprecation(liʿān) .467APPENDIX I: GLOSSARY OFSELECTED TERMS .470APPENDIX II: MENSTRUATION(ḤAYḌ) FLOWCHARTS.478
10SunnaTHE LAWS OF ISLAMPart One: Islamic Doctrines from the Qurʾān andIntroductionWho am I? Where did I come from? Where am I going? What is mymoral responsibility towards myself and others? The human being asks himselfthese and tens of other crucial questions from time to time, but can find nosatisfactory answer unless he listens to the call of revelation. When he does this,his heart responds to the call as a parched tongue responds to drinking coolwater.And the more he becomes aware of the verses of the Qurʾān and thewords of the Prophet and his Household : which explain them, the moreopen his intellect, the more tranquil his conscience, and the more restful hisspirit becomes. In this way, scripture incites the intellect to find the correctbeliefs, and awakens the conscience.Our early jurists followed an excellent practice: before writing a treat
RULES FOR PRAYER.165 First: Obligatory and supererogatory prayers.165 Second: The times for daily prayers .166 The time for ẓuhr and ʿaṣr.168 The time for maghrib and ʿishāʾ.169 The time for fajr prayers .170 Rulings pertaining to prayer
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