Inqida (the ending of a thing by reaching its purpose, its term or a cause, and its rulings)

الانقضاء

Inqida is the reflexive of qada, meaning passing away and ceasing, and in another use completion and exit. ¹ A contract ends when its aim or purpose is achieved, as with a hire for a fixed term, an agency to buy, a pledge when the debt is paid, or a surety when he pays or is released; it also ends by rescission, by dissolution for invalidity, or by impossibility such as the loss of a fungible object before delivery. ²³ A waiting period ends by childbirth, by the lapse of months or by the cycles, and custody ends at the child's puberty, with the schools differing in the detail. ³⁴ A vow of abstinence (ila') ends by return, expiation or the passing of four months, and the wiping over socks ends with the obligatory washing, removal or the lapse of the period. ⁴ Where the parties dispute whether the ending has occurred, the word lies with the one who denies it. ⁵

Definition

Inqida is the reflexive of qada, meaning passing away and ceasing; in another use, completion and exit from a thing. ¹

Related terms

Imda': the ending or carrying out of a thing; a woman "imda'ed" her waiting period, meaning she completed it. ¹
Intiha': the same sense of ending; a term is "intaha" when it has run out. ¹

How contracts end

Achievement of the aim: a hire for a fixed term or use, an agency to buy, a pledge when the debt is paid, a surety when he pays or is released. ²
Invalidity: a contract that is invalid must be undone as a right of God, and a judge may compel the parties to undo it. ³
Termination by a party: rescission; undoing a non-binding contract such as agency, partnership, partnership of profit or loan; irrevocable divorce and khul' in marriage. ³
Impossibility: the loss of a fungible object before delivery, the loss of the thing whose use was hired, or the death of a principal, agent or partner. ³

Other applications

Waiting period: ends with childbirth, the lapse of months or the cycles; return, inheritance and maintenance then cease. ³
Custody: ends at puberty, and the schools differ in detail: the Hanafis at a girl's puberty and a boy's self-sufficiency; the Malikis at a boy's puberty and a girl's consummation by her husband. ⁴
Vow of abstinence (ila'): ends by return, expiation of the oath, or the passing of four months; the Hanafis hold the wife separated by its lapse. ⁴
Wiping over socks: ends with the obligatory washing, by tearing the sock, removing it, or the lapse of the period. ⁴
The traveller's shortening of prayer: ends when the stay that allows it ends, on intention to complete, or on entering home. ⁴
A term: ends by waiver or by lapse. ⁵

Disputes over ending

Where the parties dispute whether something has ended, the word generally lies with the one who denies it, on oath: a woman claiming her waiting period has ended, or a buyer and seller disputing the term of payment. ⁵

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3541

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3542

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3543

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3544

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3545

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.