The Judgements of Fiqh : Vol2

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The Judgements of Fiqh [2]: New,
Al-Qawanin al-Fiqhiyyah,
Volume 2 - Mu'amalat & Other Matters,
*[A5+] Paperback - 526 pages,
by Ibn Juzayy al-Kalbi [d.741h],
Translated by Asadullah Yate,
Edited by Abdassamad Clarke
Published by Diwan Press.

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Description :

Al-Qawanin al-Fiqhiyyah fi Talkhis Madhhab al-Malikiyyah wa-t-Tanbih ‘ala Madhhab ash-Shafi‘iyyah wa-l-Hanafiyyah wa-l-Hanbaliyyah. The Judgments of Fiqh in Summation of the Maliki Madhhab, drawing attention to the Shaf‘i, Hanafi and Hanbali Madhhabs.

The works of Ibn Juzayy, including his tafsir and this work of fiqh, partake of a particular miraculous quality of the last of the Messengers of Allah, may Allah bless him and them and grant them peace: they unite concision and comprehensiveness. He said, “I was given concise comprehensive speech (Jawami' al-Kalim).” (Al-Bukhari (7013) and Muslim (523)).

The comprehensive character of this book is evident enough in that the author presents both the range of judgements within the school of the People of Madinah as well as the range of judgments among the madhhabs at large, something ordinarily encompassed in multi-volume tomes by erudite scholars, but here achieved with concision in a single modest Arabic volume. It is comprehensive also in covering not only ‘aqidah and ‘ibadat, in volume 1 of our translation, but also mu'amalat, and other matters ordinarily regarded as being under the rubric of tasawwuf, and yet others pertaining to history, i.e. the sirah of the Messenger a, the khulafa’ and Andalus, in volume 2.

“It is the most comprehensive useful abridgement to be found in Maliki fiqh.”
(Farid al-Ansari, Mafhum al-'Alimiyyah).

Moreover, the author escapes entirely the trap that lies in wait for such an ambitious project: the cleverness that dazzles but confuses. His main concern is to say with clarity what the din is, and then to note the legitimate differences, and sometimes the illegitimate ones in order to dismiss them. To show the spectrum of valid differences is vitally important in the age of literalism that says “tell me the sahih hadith so that I can act on it” or in its Maliki version, “tell me the well-known judgment (mashhur).”

The author carefully lets the reader know the well-known judgment (mashhur) but sets it within the spectrum of valid judgments from the luminaries among Malik's students, such as Ibn al-Qasim, Ashhab, Asbagh, Ibn Wahb and Ibn al-Majishun et al, who, it is important to remember, may have been acting on and speaking by what they learnt from Malik, unless, as with the case of Ibn al-Qasim in the Mudawwanah when he specifically says on occasion that he heard nothing from Malik about an issue but his own opinion is such-and-such.

Lastly the work has another quality, which it shares with the Risalah of Ibn Abi Zayd al-Qayrawani, and which is easy enough to overlook: the narrative quality of someone who is recording what he knows rather than laboriously researching in various learned tomes and then writing down his results.

Diwan Press are publishing this important work in two volumes: Vol.1 on 'Aqidah and Ibadat, and Vol.2 on Mu'amalat, the ordinary transactions of life such as marriage and trade. After zakat, this is perhaps the most neglected topic in the din today, whose study is of immense significance. The author rounds off this volume with a kitab al-Jami' containing miscellaneous matters such as a Sirah of the Messenger of Allah, may Allah bless him and grant him peace, history, and matters pertaining to heart and tongue.

Ibn Juzayy al-Kalbi :

He is Abu-l-Qasim Muhammad ibn Ahmad ibn Juzayy al-Kalbi. He was from Granada in Andalusia and was born in 693 AH into a distinguished and noble family and died shahid (martyr) at the great battle of Tareef in 741 AH. He was a qadi, grammarian, faqih, commentator on the Qur’an and poet. Among his teachers were Ibn az-Zubayr, Ibn Rashid, Qadi Ibn Bartal, the khatib at-Tanjali and Abu-l-Qasim ibn Shat.

Among his works are :

---Wasilah al-Muslim fi Tahdhib Sahih Muslim,
---Al-Aqwal as-Sunniyyah fi Kalimat as-Sunniyyah,
---Taqrib al-Wusul ila ‘ilm al-Usul,
---An-Nur al-mubin fi Qawa‘id ‘Aqa’id ad-Din,
---Tasfiyyah al-Qulu fi Wusul ila Hadrah ‘allam al-Ghuyub,
---Al-Mukhtasar al-bari' fi Qira’ah Nafi'
---Kitab at-Tas-hil li ‘Ulum at-Tanzal.

His son, Abu Abdullah Muhammad ibn Juzayy al-Kalbi (d. 758 AH), the scribe of the Rihlah of Ibn Battuta, is sometimes confused with him.

Table of Contents : Volume [2] :

---The Judgements of Fiqh: Al-Qawanin al-Fiqhiyyah.
---Ibn Juzayy al-Kalbi [d.741h].

Part [2].

The Laws of Fiqh Regarding Mu'amalat, i.e.The Actions, Transactions and Matters of Everyday Life;

---Chapter [1]. Marriage and Legal Sexual Intercourse,
---Comprises Ten Chapters,
------1. Introductory Matters,
-----------1. Ruling of Marriage,
-----------2. Proposal or Asking for Someone in Marriage (Khitbah),
-----------3. The Wedding Feast,
---------------Complementary Matter: Invitation to Feasts,
-----------4. The Witnessing of the Wedding,
-----------5. Recording the Marriage Portion in Writing,
---------------Complementary Matters.
------2. The Basic Elements of Marriage,
--------As for the Formulation,
--------As for the Bride and Bridegroom,
----------Seven Qualities are Taken into Account,
----------1. Islam,
-----------Four Secondary Matters,
----------2. Being a Slave,
----------Four Subsidiary Matters,
----------3. Being of Age,
----------4. Maturity,
----------5. Similarity of Status or Compatibility between two Parties of Marriage,
-----------Five Attributes are Taken into Account,
----------6. Health,
----------7. The Absence of the State of Ihram,
-----------Summary,
-----------Secondary Matter,
------3. The Guardian,
-------This Consists of Four Matters,
-----------1. The Ruling,
-----------2. The Types of Person who may be Guardian,
-----------Summary,
-----------3. The Order of Importance for the Guardians,
------------Six Secondary Matters,
-----------4. The Attributes of the Guardian,
------------Secondary Matter,
------4. The Marriage Portion (Sadaq),
-----------1. Its Conditions,
------------They are Three in Number,
------------Four Secondary Matters,
-----------2. The Amount,
-----------3. Its Payment in Full or Half of It,
------------A Clarification,
------------Seven Secondary Matters,
-----------4. The Tafwid Marriage,
-----------5. A Dispute over the Marriage Portion,
-----------6. The Shighar Marriage,
------------Clarification,
------5. Forbidden Marriages,
-----------1. Those Forbidden in Perpetuity,
---------------1. Blood Relationship,
---------------2. Suckling,
----------------Clarification,
---------------3. In-Lawship,
---------------4. A Woman who only becomes Prohibited on Consummation,
---------------Two Secondary Matters,
----------------Li'an : The Sworn Allegation of Adultery,
---------------5. Intercourse during the 'Iddah Waiting Period,
----------------Clarification,
-----------2. Those who are not Perpetually Forbidden,
------------Three Secondary Matters,
------------Clarification - In Fiqh the word Mut'ah has Four Meanings,
------------Complementary Matter - The Annulment of a Marriage,
------------Secondary Matters,
------6. The Rights of the Wife,
-------This Encompasses Seven Matters,
-----------1. Her Right of 'Sexual Enjoyment of Him'
-----------2. Coitus Interruptus,
-----------3. Sharing between Wives,
-----------4. The 'Seven Days'
-----------5. Disobedience, Rebellion, Cruelty and the Two Arbitrators,
-----------This Comprises Three States,
-----------Note,
-----------6. A Difference of Opinion Between the Marriage Partners as to the Marriage,
-----------7. If the Two Partners to the Marriage Differ as to the Belongings in the House,
------7. The Reasons for Option,
-------i.e. The Exercise of the Power of Choice and the Right of Withdrawal,
------------1. Defects,
-------------These are Four in Number,
-------------Two Secondary Matters,
-------------2. Deception.
-------------3. Difficulty in Payment of Marriage Portion and Living Expenses,
-------------Six Secondary Matters,
-------------4. A Missing Husband,
--------------As for the Husband Missing in the Territory of the Muslims,
--------------Three Secondary Matters,
--------------As for his Wealth,
--------------As for the Husband Missing in the Land of the Enemy,
--------------As for the Husband who has Gone Missing during a Battle with the Kuffar,
--------------As for the Husband who Goes Missing during Civil Strife,
-----------------There are Two Opinions,
-------------5. Setting Free a Female Slave,
------8. Making Preconditions for the Marriage Contract,
----------This Comprises Three Sections,
----------Clarification,
----------Ten Secondary Matters,
----------Clarification,
------9. Living Expenses,
----------Living Expenses are Obligatory for Four Kinds,
-----------1. Wives,
-------------Six Things are Obligatory,
-------------Five Secondary Matters,
-----------2. Children from One's Own Loins,
-----------3. Parents,
------------Six Secondary Matters,
-----------4. Slaves,
------------Secondary Matter,
------------Secondary Matter,
------10. Custody of Children,
---------This Consists of Two Matters,
-----------1. The Order of Priority of those who May Raise the Children,
-----------2. The Right to Custody is Forfeited in Four Matters,
------------Five Secondary Matters,

---Chapter [2]. Divorce and What is Connected with it,
------This Consists of Ten Chapters,
--------1. Divorce,
------------This Consists of Three Sections,
-------------1. That Divorce which is Sunnah and that which is an Innovation,

---Chapter [3]. Sales,

---Chapter [4]. Contracts Resembling Sales,

---Chapter [5]. Judgements, Testimony and Related Matters,

---Chapter [6]. Ambiguous Matters because of their Connection to Rulings,

---Chapter [7]. The Spilling of Blood and their Hudud,

---Chapter [8]. Gifts and Habus (Waqf) and the Like,

---Chapter [9]. Manumission and Matters Connected with it,

---Chapter [10]. The Fara'id and Wills and Testaments,

---Miscellaneous Matters,

---Detailed Contents,

---People, Books and Places mentioned in the Text,

---Glossary of Arabic Terms.