Development of Muslim Theology, Jurisprudence, and Constitutional TheoryMacDonald, Duncan Black
ReligionIslamic
Development of Muslim Theology, Jurisprudence, and Constitutional Theory
MacDonald, Duncan Black
Constitutional law (Islamic law); Islam -- Doctrines -- History; Islam and state -- History; Islamic law -- History
7. Of security for debts (_daman_).
8. Of personal security for debts (_kafala_).
9. Of partnership (_shirka_).
10. Of agency (_wakala_).
11. Of confession (_iqrar_).
12. Of loans (_i‘ara_).
13. Of illegal seizure and use of property; indemnity for it and its
damage (_ghasb_).
14. Of right of pre-emption (_shuf‘a_).
15. The conditions of advancing capital with participation in the profits
(_qirad_).
16. Of the letting of date-palms and vines (_musaqat_).
17. Of hiring a thing out (_ijara_).
18. Of reward for return of a thing lost (_ja‘ala_).
19. That land may not be let for a fixed amount of its produce
(_mukhabara_).
20. Of irrigation of waste lands (_ihya al-mawat_).
21. Of foundations in mortmain (_waqf_).
22. Of gifts (_hiba_).
23. Of found property (_luqta_).
24. Of foundlings (_laqit_).
25. Of deposits (_wadi‘a_).
_Book VII. Of Inheritance and Wills_
1. Of legal heirs (_warith_).
2. The conditions and proportions of inheritance (_farida_).
3. Of legacies (_wasiya_).
_Book VIII. Of Marriage and Related Subjects_
1. The conditions of marriage (_nikah_). What women a man may see and to
what extent.
2. The form of a legal marriage.
3. The conditions of asking (_khitba_) and giving in marriage; whom a man
may not marry; conditions for nullity of marriage.
4. The settlement (_mahr_) on a wife by her husband.
5. On the wedding feast (_walima_).
6. On the equality of the rights of the wives and the authority of the
husband.
7. On divorce for incompatibility (_khul_).
8. The forms of divorce (_talaq_).
9. On taking a wife back and the threefold divorce.
10. The oath not to cohabit (_ila_).
11. The temporary separation by the formula, _zihar_ Qur. 58.
12. The form of accusation of adultery and the defence (_li‘an_).
13. The period during which a previously married woman cannot remarry
(_idda_).
14. Of relations with female slaves.
15. The support and behavior of a woman, divorced or a widow; mourning.
16. Law of relationship through suckling (_irda_).
17. The support (_nafaqa_) due to a wife.
18. The support due to children and parents, slaves and domestic animals.
19. Of the custody of children (_hidana_).
_Book IX. Of Crimes of Violence to the Person (jinaya)_
1. On murder, homicide and chance medley.
2. The _lex talionis_ (_qisas_) for murder, and
3. For wounds and mutilations.
4. The blood-wit (_diya_).
5. Use of weak evidence in case of murder.
6. Personal penance for homicide.
_Book X. Of Restrictive Ordinances of God (hadd)_
1. Of fornication (_zina_) of one who has been or is married (_muhsan_),
and of one who has not been or is not married.
2. Of accusing of fornication.
3. Of drinking wine or any intoxicating drink.
4. Of theft.
5. Of highway robbery.
6. Of killing in defence.
7. Of rebelling against a just government.
8. Of apostasy.
9. Of abandoning the usage of prayer.
_Book XI. Of the Holy War (jihad)_
1. The general law of _jihad_.
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