Fiqh and Fuqaha [Electronic resources] نسخه متنی

AHKAM

Muhaqqiq Hilli has given the above name to this category, since the topics which fall
under it are neither acts of worship nor contracts or unilateral pronouncements. He has
divided this into 12 chapters.

Chapter One KITAB ALSAYD AND ALDHABAHA

This chapter deals with hunting and slaughtering of those animals whose meat we are
allowed to eat. SAYD is hunting, DHABH is slaughtering. An animal who has not been hunted
as prescribed in Sharia, or has not been slaughtered as guided by Islam, will be 'MAYTAH',
a corpse which is NAJIS, and HARAM to eat. This chapter also deals with the hunting of
wild animals by trained hunting dogs.

Chapter Two KITAB ALAT'IMAH AND ALASHRIBAH

This chapter deals with those things which we are allowed to eat or drink, and those
which are forbidden. A detailed treatment is given to animal food, sea food, nonanimal
food and so on. It also explains and categorises those animals which are Halal and those
which are not. And even in the Halal animals, it tells us of those parts of the body which
are HARAM to consume. It also gives rational treatment to those acts which may be
ordinarily permissible and harmless, but are harmful for a particular person in a given
circumstance.

Chapter Three KITAB ALGHASB

It means an illegal possession of property, or usurpation. As is known, GHASB is Haram,
but it must also be known that it involves a liability. That means if a person usurps
someone's property and if that property is damaged or destroyed while still in his illegal
possession, he is liable for it, even if he did not directly damage or destroy it, but was
instrumental in causing the damage or destruction.

Chapter Four KITAB ALSHUF'AH

Means the right of preemption. When a partner wishes to sell his share, the remaining
partner has a right of preemption for acquiring the share by buying it at the price
offered by others.

Chapter Five KITAB IHYA ALMAWAT

Mawat refers to the barren, uncultivated land. A land which has been developed, either
by building upon it or by cultivation is called "AMIR" in FIQH. The Prophet
(s.a.w) said: "Whoever gives life to a barren, uncultivated land, that land belongs
to him". This has numerous ramifications, explained under the chapter.

Chapter Six KITAB ALLUQTAH

This refers to things which are picked up by chance, and the owner is unknown. This can
apply to animals and nonanimals. If a stray animal is found which is not in anyway
endangered, then one should not take it into custody. But if it faces any danger, then it
can be possessed with the intention to return it to its owner if found. If the owner is
not found, then Hakime Shara' has to authorise its use. This chapter also deals with
nonliving objects, found in the sacred precincts of Haram or outside, basing the
guidelines on the value of the object.

Chapter Seven KITAB ALFARAIDH

It is an elaborate chapter dealing with the laws of inheritance. Heirs are divided in
three categories:

(1) Parents, children, grandchildren (when the children are not present) .

(2) Grandparents, brothers and sisters (and in their absence, their children).

(3) Uncles, aunts (both paternal and maternal) and their children.

The above heirs are by NASAB (i.e. consanguinity). There are heirs who inherit by SABAB
(i.e. affinity) like husband and wife. This chapter deals with various cases of succession
in great detail. The testator does not have the right to will for more that onethird of
his or her estate, nor does he or she have any right to fix up the shares of his or her
heirs. The estate devolves on the heirs according to Shariah.

Chapter Eight KITAB ALQADHA

It is a chapter on judiciary, with elaborate sets of laws. There are laws governing the
appointment of judges, their rights, their emoluments, and also about disqualifications.
In FIQH, it is stipulated that a Judge must be an acknowledged Mujtahid.

Chapter Nine KITAB ALSHAHADAH

About the witnesses, who constitute the evidence to substantiate a claim. The onus of
providing the evidence does not rest on the defendent. The chapter also explains how, in
certain cases, the defendent may be called upon to take an oath.

Chapter Ten KITAB ALHUDOOD & TA'ZEERAT

Deals with punishment and retribution. These are of two types: HUDOOD and TAZEERAT.
HUDOOD are fixed punitive measures prescribed for specified offences, like sodomy, false
accusation of fornication, drinking alcohol etc., stealing, belligerency and so on.
TAZEERAT are such retributive measures which may vary according to the decision reached by
the judge who may aggravate or mitigate the sentence.

Chapter Eleven KITAB ALQISAS

It is a chapter on requitals. An elaborate discussion is carried out about the crimes
committed advertantly or inadvertantly, and in each case the extent of requital is
prescribed. Then there are laws of recompensing for those who are murdered or are
inadvertantly killed.

Chapter Twelve IlITAB ALDIYAT

It is a form of requital, but unlike QISAS, it is only monetary compensation.
Interestingly enough, a doctor's responsibility towards human life, and a disciplinary
action by a tutor have a place under this chapter. A doctor must be qualified enough to
treat a patient. If he is not and if the patient dies during the treatment, he is liable
for compensation. In any case, a qualified and efficient doctor must absolve himself of
the liability beforehand. Similarly, a tutor carrying out corporal punishment must be
careful not to cripple or kill the pupil. If he does, he is liable for compensation. These
are dealt with in some detail.