Family, marriage and kinship

Family: People and stages of life · 398 entries

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Event

• The Settlement of Hajar and Ismail at Mecca

  c. 2000 BCEIbrahim leaves his wife Hajar and the infant Ismail in a barren valley by the future site of the House, entrusting them to God; when the water runs out the spring of Zamzam breaks forth, and the Yemeni tribe of Jurhum settles by them with Hajar’s permission.

• The partition of the Meccan offices between Abd Manaf and Abd al-Dar

  c. 400 (approx.) CEAfter Abd Manaf's death his sons contested with their cousins of Abd al-Dar the offices Qusayy had bequeathed to Abd al-Dar; Quraysh split in two and nearly fought, then settled: the watering and feeding of pilgrims to Abd Manaf, Dar al-Nadwa, the banner and the custody of the Kaaba to Abd al-Dar; the Abd Manaf lot fell to Hashim, then al-Muttalib, then Abd al-Muttalib and his sons down to al-Abbas at the coming of Islam.

• The Recovery of ʿAbd al-Muṭṭalib’s Rights

  c. 520 CENawfal’s seizure of ʿAbd al-Muṭṭalib’s offices; Quraysh declined to arbitrate, his Najjārī uncles marched in eighty riders, and Khuzāʿa entered the pact on Banū Hāshim’s side.

• Death of Abdullah ibn Abd al-Muttalib at Medina

  c. 570 CEAbd al-Muttalib sent his son Abdullah to Medina to buy dates, or by another report he fell ill there returning from trade in Syria; he died aged twenty-five and was buried in the house of al-Nabigha al-Jadi, before his son's birth according to most historians or two months after it by one report, leaving five camels, a flock of sheep and an Abyssinian girl, Umm Ayman.

• Death of Abd al-Muttalib and Abu Talib's guardianship

  c. 578 CEAbd al-Muttalib died at Mecca when his grandson Muhammad was eight years, two months and ten days old, having shown him a tenderness he showed none of his sons; before dying he entrusted the boy to his uncle Abu Talib, full brother of his father, who took up the charge and protected him for over forty years.

• The Prophet's marriage to Khadija

  c. 595 CEThe marriage of Muhammad and Khadija bint Khuwaylid, arranged after her trade trip under his management to Syria; the book gives her dowry as twenty young camels and her age as forty, and notes she remained his only wife until she died.

• The Prophet's marriage to Sawda bint Zam'a

  c. 619 CEThe marriage of Prophet Muhammad to Sawda bint Zam'a in Shawwal of the tenth year of prophethood, his first marriage after the death of Khadija.

• The marriage of Fatima and Ali

  c. 624 CE · 2 AHThe Prophet's daughter Fatima married his cousin Ali ibn Abi Talib in Medina, from which the Prophet's line of descendants continued.

• Zayd ibn Haritha's detachment to Madyan and the captives

  c. 628 CE · c. 6 AHIbn Hisham tells it from Abdullah ibn Hasan ibn Hasan from his mother Fatima bint al-Husayn: the Prophet sent Zayd ibn Haritha towards Madyan with Dumayra, the client of Ali ibn Abi Talib, and a brother of his; he took captives from the people of Mina', the coasts, who were sold and separated; the Prophet came out as they wept, asked what ailed them, was told they had been separated, and said: sell them only together. Ibn Hisham: he meant mothers and children.

• Ibn Abi Hadrad's raid on al-Ghaba and the killing of Rifa'a ibn Qays al-Jushami

  c. 629 CE · c. 8 AHThe Prophet sent Abdullah ibn Abi Hadrad with two men to Rifa'a ibn Qays al-Jushami, who had camped at al-Ghaba with a large clan of Jusham meaning to gather Qays against the Prophet, to bring back news of him; they lay in ambush, Rifa'a went out alone after his shepherd and Ibn Abi Hadrad shot him through the heart and cut off his head; they shouted the takbir, the camp fled, and they drove off camels and sheep. The Prophet gave Ibn Abi Hadrad thirteen camels towards his dowry of two hundred dirhams.

• The Prophet's withdrawal from his wives

  c. 629 CE · c. 9 AHThe Prophet withdrew from his wives to an upper chamber for a month in the incident known as the ila'. Umar climbed to find him on a mat with nothing between it and his skin, a leather pillow stuffed with palm-fibre under his head; the mat had marked his side, and when Umar wept comparing him to the emperors he answered 'are you not content that they have this world and we have the next?'; Ibn Abbas reports Umar naming Aisha and Hafsa as the two wives.

• The custody of Hamza's daughter

  c. March 629 CE · Dhu al-Qa'da 7 AH

• Ali's judgment on three men who lay with one woman in one purity

  631 CE · 10 AHThree men lay with one woman in the same purity period in Yemen. Ali asked two at a time whether they claimed the child, and when neither would, he drew lots and gave the child to the one the lot named, with two-thirds of the diyya. The Prophet laughed and approved; the book notes that the men's act may have been before their Islam.

• The death of Umm Kulthum bint Muhammad

  c. 631 CE · 9 AHIn 9 AH Umm Kulthum, the Prophet's daughter and wife of Uthman ibn Affan, died; the Prophet grieved her deeply and told Uthman, 'Had I had a third daughter I would have given her to you in marriage' — whence Uthman was called Dhu al-Nurayn, the possessor of the two lights.

• Al-Ash'ath ibn Qays comes with the delegation of Kinda

  c. 631 CE · c. 9 AHAl-Ash'ath ibn Qays came with Kinda's delegation, eighty riders according to al-Zuhri, who entered the mosque with combed locks and kohl, wearing Hira robes edged with silk; the Prophet asked whether they had not become Muslims, and what the silk on their necks was, and they tore it off. Al-Ash'ath said, we are Banu Akil al-Murar and you are Ibn Akil al-Murar; the Prophet laughed, attributed that lineage-claim to al-Abbas and Rabi'a ibn al-Harith who used it for prestige as merchants, and said: no, we are Banu al-Nadr ibn Kinana, we do not trace ourselves through our mother nor disown our father.

• The li'an between Uwaymir al-Ajlani and his wife

  c. 631 CE · 9 AHAfter the return from Tabuk in 9 AH, Uwaymir al-Ajlani accused his wife before the Prophet; the Prophet administered between them the mutual oath of condemnation (li'an) prescribed in Surat al-Nur, then separated them — an early application of the li'an ruling.

• Fatima's claim to the Prophet's inheritance and Fadak

  between 632 and 634 CE · 11 AHAfter the Prophet's death Fatima and al-Abbas asked Abu Bakr for their share of the Prophet's estate, the land of Fadak and his share of Khaybar. Abu Bakr answered with the report that prophets leave no inheritance, and said he would keep the Prophet's practice. Sallabi records the Sunni reply to the Imami claims and reports that Fatima was pleased with Abu Bakr before her death.

• Death of Ibrahim

  c. 27 January 632 CE · c. 28 Shawwal 10 AHIbrahim, the Prophet's son by Maria the Copt, died an infant in Medina on 28 or 29 Shawwal 10 AH (January 632 CE); the Prophet wept and said: the eye weeps and the heart grieves, and we say only what pleases our Lord.

• The dosing of the Prophet during his illness

  c. May 632 CE · c. Safar 11 AHDuring the Prophet's illness, a group of his wives and some Muslim women, among them Asma' bint Umays, gathered with al-Abbas present and agreed to dose him; al-Abbas said 'I will dose him'; they did; when he came round he asked who had done it, was told it was his uncle, and said this was a medicine brought by women from the direction of Abyssinia; his uncle said they feared pleurisy; he said that was a disease God would not bring on him, and that everyone in the house should be dosed except his uncle, so Maymuna, who was fasting, was dosed as a punishment for what they had done.

• The death and burial of Fatima bint Muhammad

  November 632 CE · 3 Ramadan 11 AHFatima died in Medina six months after the Prophet, on the night of Tuesday, 3 Ramadan 11 AH, in a narration Sallabi cites through Malik and Ali ibn al-Husayn. Abu Bakr and Umar came to condole with Ali; in one report Abu Bakr led the funeral prayer, while Muslim's report, which the book prefers, says Ali led it.

• Ali's counsel in Umar's judgments

  between 634 and 644 CE · 13 AHDuring Umar's caliphate Ali repeatedly corrected or advised the judgments: he stopped the stoning of a woman with a mental affliction, asked Umar what authority he had over the unborn child of a confessing pregnant woman, showed by a test that a woman's claim of assault was false, and said that the innovated marriage should be returned to the Sunna. Umar is reported to have said that he sought refuge from a problem Abu al-Hasan could not solve.

• Umar's marriage to Umm Kulthum bint Ali

  between 634 and 644 CE · 13 AHUmar asked Ali for his daughter Umm Kulthum, the child of Ali and Fatima. Ali agreed, and Umar went to the Muhajirun saying 'congratulate me', and gave as his reason words he heard from the Prophet about kinship. Sallabi notes the high regard Umar had for the household of the Prophet.

• The Death of al-Hakim bi-Amr Allah and His Sister's Concealment, 411

  c. February 1021 CE · Shawwal 411 AHIbn al-Jawzi relates from the people of Egypt that Sitt al-Mulk, al-Hakim's sister, had a gathering with Ibn Dawwas seated by her. Al-Hakim feared him and said to Sitt al-Mulk, 'What have I to do with this man? He wants to bring me together with him.' Sitt al-Mulk arranged a link between them; Ibn Dawwas came back to her and charged her to bring him round to what she wanted. She returned to Ibn Dawwas, and that night he rode to al-Muqattam and climbed the mountain with two Maghribi slaves. At dawn the two slaves came carrying him back to Ibn Dawwas, who brought him to Sitt al-Mulk's assembly. She buried him there and kept it unknown, concealing the matter for three days, and she announced that he was absent for seven. She paid the rikabiyya (the mounted guard) to deal with anyone who opposed her affair. Then Ali ibn al-Hakim was pledged allegiance, the khutba was given in his name, and she set him up as heir apparent and crowned him with the crown of al-Mu'izz. She had Ibn Dawwas killed by the hand of Nasim, master of the curtain and the sword, after promising him kingship and wealth. She grieved, and put to death those among the slaves and servants who knew. It is said he died in Shawwal 411, aged thirty-seven, and that his caliphate lasted twenty-five years.

• The public declaration of al-Qa'im bi-Amr Allah as heir, 421

  c. April 1030 CE · Jumada I 421 AHWhen rumours spread about the illness of the caliph al-Qadir, he convened a general assembly on Sunday 18 Jumada I 421. The Turkish administrator Abu al-Ghana'im spoke in praise of the choice of Prince Abu Ja'far, and al-Qadir said, 'If God has permitted it, then we too permit it'; Abu Ja'far sat on the throne. On Friday, with seven days of the month left, he was proclaimed with the title 'al-Qa'im bi-Amr Allah, heir to the Muslims', and it was struck on the coinage. On the 12th of Jumada I a letter from Jalal al-Dawla arrived asking permission to carry out the designation of the heir; it was read out to the people on Tuesday in the Hall of Audience, with a detailed preamble, followed by the caliph's endorsement.

• The death of al-Qadir and the accession of al-Qa'im bi-amr Allah, 422

  c. November 1031 CE · 11 Dhu al-Hijja 422 AHThe caliph al-Qadir bi'llah died on the night of Monday 11 Dhu'l-Hijja 422, aged eighty-six years, ten months and twenty-one days, having reigned forty-one years and three months, a span no caliph before him had reached. The doors were shut; then al-Qa'im bi-amr Allah came out at the time of 'asr, led the people in the maghrib prayer, prayed over his father with four takbirs, and sat in the Dar al-Shajara in a shirt and mantle. The people gave him bay'a, first among them al-Sharif al-Murtada, and on the next day Abu Ahmad al-Hasan ibn Isa ibn al-Muqtadir came and gave bay'a too. The Turks clamoured over the bay'a money; when a Hashimite killed a Turk, a signed decree of the caliph was issued on the matter, and it was settled that the bay'a be levied at three million dinars. Among his well-known displays of tact, he put up a caravanserai, a garden and a heap of goods for sale to meet it. He gave titles to the viziers and chamberlains and arranged the offices of state.

• Marriage to Zaynab bint Jahsh

  c. Dhu al-Qa'da 5 AHThe Prophet married Zaynab bint Jahsh after Zayd ibn Haritha divorced her, in Dhu al-Qa'da 5 AH, abolishing by act the jahili adoption rule that had treated an adopted son's wife as a real son's wife; verses of sura al-Ahzab were revealed about it and the hypocrites spread propaganda around it.

• The Choice Offered to the Prophet's Wives

  c. 9 AHWhen the Prophet's wives asked for a better standard of living amid the austerity of his household, the verse of choice was revealed (al-Ahzab 28-29): if you desire the life of this world and its adornment, come, I will provide for you and release you graciously; but if you desire Allah and His Messenger and the abode of the Hereafter, Allah has prepared a great reward for the doers of good among you. All of them chose Allah and His Messenger.

Person

• Abd al-Muttalib ibn Hashim

  c. 497 CEThe Prophet Muhammad's grandfather and guardian, a leading elder of Quraysh remembered in tradition for restoring the well of Zamzam and leading Mecca at the time of Abraha's campaign.

• al-Muṭṭalib ibn ʿAbd Manāf

  Hāshim’s brother, heir to the siqāya and rifāda; fetched his nephew Shayba from Yathrib — the boy dubbed ‘ʿAbd al-Muṭṭalib’, the name that stuck.

• Abu Talib ibn Abd al-Muttalib

  c. 535 CEAn uncle of the Prophet who raised him, led Banu Hashim, and protected him from Quraysh until his own death — while whether he himself embraced Islam is contested between the traditions.

• Halima al-Sa'diyya

  c. 540 (approx.) CEA Bedouin woman of Banu Sa'd who nursed the infant Muhammad in the desert for several years, as was the Meccan custom, and is remembered in tradition as his foster-mother.

• Abdullah ibn Abd al-Muttalib

  c. 545 CEThe Prophet's father; the handsomest, most chaste and best-loved of Abd al-Muttalib's sons, the 'sacrifice' on whom the lots fell and who was ransomed with a hundred camels; he married Amina bint Wahb and died at Medina aged twenty-five, before his son's birth according to most historians or two months after it by one report.

• Khadija bint Khuwaylid

  c. 555 CEA wealthy Meccan merchant who was the Prophet Muhammad's first wife and, in tradition, the first person to believe in his message.

• Abu Lahab

  c. 560 CEAn uncle of the Prophet who became one of his most vocal opponents in Mecca, alongside his wife Umm Jamil — the household singled out in Qur'an 111.

• al-Abbas ibn Abd al-Muttalib

  c. 568 CEAn uncle of the Prophet, captured with the Meccan side at Badr and later a Muslim, whose descendants founded the Abbasid caliphate.

• Amina bint Wahb

  The Prophet's mother, of the Zuhra clan; she took her six-year-old son to Yathrib to visit his father's grave, fell ill on the road home, and died at al-Abwa between Mecca and Medina.

• Zayd ibn Haritha

  c. 580 (approx.) CEA freedman of the Prophet, once adopted by him, who became one of the earliest Muslims and commanded the expedition to Mu'ta, where he was killed; the only Companion named in the Qur'an.

• Fatima bint Muhammad

  c. 605 CEThe youngest daughter of the Prophet and Khadija and wife of Ali ibn Abi Talib; mother of Hasan and Husayn and a central figure of Ahl al-Bayt in both Sunni and Shia tradition.

• Ibrahim ibn Muhammad

  The Prophet's son by Maria the Copt; he died an infant in Medina in Shawwal 10 AH (January 632 CE).

• Sawda bint Zam'a

  Mother of the Believers; among the early converts who migrated to Abyssinia, and the first woman the Prophet married after the death of Khadija, in Shawwal of the tenth year of prophethood.

• Abd Manaf ibn Qusayy

  Son of Qusayy who had already risen to leadership in his father’s lifetime; after his death his sons contested the offices with the sons of Abd al-Dar, and the siqaya and rifada fell to his line — inherited by Hashim, then al-Muttalib, then Abd al-Muttalib.

• Abdullah ibn Muhammad

  The Prophet's son by Khadija, called al-Tayyib and al-Tahir; he died young in Mecca.

• Abu al-As ibn al-Rabi'

  A son of Hala bint Khuwaylid, Khadija's sister, nicknamed 'the cub of al-Batha' and called 'the trustworthy'; husband of the Prophet's eldest daughter Zaynab, he fought at Badr with the polytheists and was captured, Zaynab ransomed him, then he embraced Islam after the Hijra and the Prophet returned his daughter to him; the reports differ on how he was captured the second time and became Muslim.

• Abu Ghubshan al-Khuzaʾi

  The Khuzaʾi who held the guardianship of the Kaaba on behalf of Hubba bint Hulayl and sold it to Qusayy for a skin of wine — the purchase Khuzaʾa resented, sparking the war that ended their rule of Mecca.

• Abū Saʿd ibn ʿAdī al-Najjārī

  ʿAbd al-Muṭṭalib’s maternal uncle of Banū al-Najjār; rode to Mecca with eighty men and drew his sword at the Ḥujr until Nawfal restored his nephew’s rights.

• Abu Sufyan ibn al-Harith

  The Prophet's paternal cousin and milk-brother, fostered with him in Banu Sa'd under Halima's care; he later became one of the poets of Islam after initially opposing it.

• Adnan

  The ancestor at whom the Prophet’s lineage is said to stop: twenty-first in the chain of the prophetic genealogy in Raheeq’s reckoning, descendant of Qaydar ibn Ismail; when the Prophet reached Adnan in tracing his lineage he would stop and say the genealogists lie.

• al-Fadl ibn al-Abbas

  Son of al-Abbas ibn Abd al-Muttalib; rode behind the Prophet from Arafat to Muzdalifa in the Farewell Pilgrimage, walked beside him in the last illness, and helped turn and wash his body before burial.

• al-Ghaydaq ibn Abd al-Muttalib

  One of the ten sons of Abd al-Muttalib in al-Raheeq al-Makhtum's count, and an uncle of the Prophet; some say Hajl and al-Ghaydaq are one man.

• al-Harith ibn Abd al-Muttalib

  One of the ten sons of Abd al-Muttalib in al-Raheeq al-Makhtum's count, and an uncle of the Prophet; chapter 5 of the book gives only his name.

• al-Jawniyya

  A woman of Kinda contracted to the Prophet but the marriage was not consummated; the sira literature disagrees on her name and the details, and al-Raheeq records only her well-known byname.

• al-Muqawwim ibn Abd al-Muttalib

  One of the ten sons of Abd al-Muttalib in al-Raheeq al-Makhtum's count, and an uncle of the Prophet; some say Abd al-Kaaba and al-Muqawwim are one man.

• al-Qasim ibn Muhammad

  The Prophet's eldest son by Khadija, from whom his kunya Abu al-Qasim derives; he died young in Mecca.

• al-Shayma bint al-Harith al-Sa'diyya

  A woman of Banu Sa'd ibn Bakr of Hawazin and foster-sister of the Prophet through nursing; taken among the Hunayn captives, she made herself known to him, he recognized her by a mark and honored her, spread his cloak for her to sit upon, then manumitted her and returned her to her people.

• al-Zubayr ibn Abd al-Muttalib

  One of the ten sons of Abd al-Muttalib in al-Raheeq al-Makhtum's count, and an uncle of the Prophet; chapter 5 gives only his name, and the book returns to him at the Fudul pact.

• عاتكة بنت مرة السلمية

  Hashim ibn Abd Manaf's mother: Atika bint Murra of Banu Sulaym — one of the three Sulami 'Atikas among the Prophet's grandmothers.

• عاتكة بنت يخلد القرشية

  Atika bint Yakhluḍ ibn al-Nadr ibn Kinana — the senior Qurashi 'Atika in the chain of the Prophet's ancestresses.

• Barra bint Abd al-Muttalib

  One of the six daughters of Abd al-Muttalib in al-Raheeq al-Makhtum's count; an aunt of the Prophet.

• برة بنت عبد العزى القرشية

  Amina's mother — the Prophet's maternal grandmother: Barra bint Abd al-Uzza ibn Abd al-Dar ibn Qusayy, a Qurayshite.

• Dirar ibn Abd al-Muttalib

  One of the ten sons of Abd al-Muttalib in al-Raheeq al-Makhtum's count, and an uncle of the Prophet; chapter 5 gives only his name.

• Fatima bint Amr al-Makhzumiyya

  Mother of Abdullah, the Prophet's father, and so his paternal grandmother; of Banu Makhzum, daughter of Amr ibn Aidh ibn Imran ibn Makhzum ibn Yaqaza ibn Murra, which made Abdullah's maternal uncles the Makhzumis who prevented his sacrifice; al-Baladhuri names her mother as Fatima bint Abdullah ibn Rizam of Hawazin.

• فاطمة بنت سعد الأزدية

  Mother of Qusayy ibn Kilab: Fatima bint Sa'd b. Sayl of the Azd Shanu'a, her mother a Khuza'i — one of the Yamani Fawatim in the Prophet's reported words 'I am the son of the Fatimas and the Atikas'.

• Fihr ibn Mālik (Quraysh)

  The eponym ‘Quraysh’ to whom the tribe is traced, in the agreed first part of the Prophet’s genealogy.

• Hajar (Hagar)

  Wife of Ibrahim and mother of Ismail; tradition tells she was settled by Ibrahim with her infant son in the empty valley of Mecca, where the spring of Zamzam broke forth for them, and Jurhum settled nearby with her permission.

• Hashim ibn Abd Manaf

  Son of Abd Manaf who drew the siqaya and rifada in the division of offices and held them all his life; eponym of Banu Hashim, the house from which the Prophet came.

• Hind ibn Abi Hala

  Khadija's son by Abu Hala and the Prophet's stepson; he transmitted the most famous description of the Prophet's bearing and assembly, preserved in the Shamail.

• Hulayl ibn Hubshiyya

  The Khuzaʾi ruler of Mecca who gave his daughter Hubba in marriage to Qusayy ibn Kilab; on his death the contest between Quraysh and Khuzaʾa over the custody of the Kaaba began.

• Ibrahim (Abraham)

  The patriarch of the Adnani Arabs in the sira’s telling: emigrant from Ur of the Chaldeans to Harran and then Palestine, who settled Hajar and the infant Ismail in the barren valley of Mecca, visited them on recorded journeys, submitted to the command of the sacrifice, and raised the foundations of the Kaaba with his son before calling mankind to the hajj.

• Imran ibn Amr Muzayqiya

  Chief and elder of al-Azd on whose counsel the tribe left Yemen in al-Raheeq al-Makhtum's account; they wandered in Yemen sending scouts, then moved north, and he and his sons settled Oman as the Azd of Oman.

• Ismail (Ishmael)

  Son of Ibrahim and Hajar, settled as an infant with his mother at Mecca where Zamzam sprang; he married into Jurhum, fathered twelve sons whose tribes spread from Mecca, and built the Kaaba with his father; the Adnani Arabs trace their lineages to him.

• Jafna ibn Amr

  The Azdi who went to al-Sham in the Azd migration and settled there with his sons; the forefather of the Ghassanid kings, named after a water in the Hijaz called Ghassan where they had first halted, in al-Raheeq al-Makhtum's account.

• Juwayriya bint al-Harith

  A Mother of the Believers, daughter of the chief of Banu al-Mustaliq; she fell among the captives at al-Muraysi' and arranged her own manumission, the Prophet paid it and married her, and people released the Mustaliq captives they held, so that a hundred households were freed through her.

• Mudad ibn Amr al-Jurhumi

  Chief of Jurhum in the story of Ismail; he gave Ismail his daughter after Ismail divorced his first wife, and she bore twelve sons; after Nabit and Qaydar the leadership of Mecca passed to him and stayed with Jurhum for about twenty centuries. Not to be confused with Amr ibn al-Harith ibn Mudad who buried the Kaaba's gazelles when Jurhum left.

• Nabit (Nebaioth) ibn Ismail

  In al-Raheeq al-Makhtum's account the eldest of Ismail's sons by the daughter of Mudad al-Jurhumi; ancestor of the Nabataeans of northern Hijaz with Petra as their capital; said to have held Mecca after his father with his brother Qaydar, in disputed order; Sulayman al-Nadwi argued that the Ghassanids and the Ansar descend from him rather than from Qahtan.

• Nafisa bint Munya

  Khadija's confidante to whom she disclosed her wish to marry Muhammad; Nafisa broached the matter with him, he consented, and the match proceeded through their uncles.

• Nawfal ibn ʿAbd Manāf

  ʿAbd al-Muṭṭalib’s uncle who seized his offices after al-Muṭṭalib’s death, forced to restore them under pressure of the Najjār and the new pact.

• Qaydar (Kedar) ibn Ismail

  Ismail's second son in al-Raheeq al-Makhtum's list; his descendants remained in Mecca until Adnan and his son Ma'add, from whom the Adnani Arabs kept their genealogy; said to have held Mecca after his father with his brother Nabit, in disputed order.

• Qusayy ibn Kilab

  The Qahtani-raised Qurashi who returned to Mecca, married Hulayl’s daughter Hubba, took the custody of the Kaaba from Khuzaʾa around 440 CE after the arbitration of Yaʾmar ibn Awf, gathered Quraysh into the town’s quarters, founded Dar al-Nadwa, and held the five offices: riyasa, liwa, hijaba, siqaya and rifada.

• رَطية بنت كعب

  Ratiya bint Ka'b of Quraysh, an ancestress through Asad ibn Abd al-Uzza; tradition identifies her as the woman meant by 'she who undid her spun yarn strand by strand'.

• Salmā bint ʿAmr

  A woman of Banū ʿAdī ibn al-Najjār of Yathrib; Hāshim’s wife and ʿAbd al-Muṭṭalib’s mother, who raised the boy at Yathrib.

• Sarah

  Ibrahim's wife; Pharaoh plotted against her and God turned his plot back, and recognising her closeness to God he gave her Hajar as a servant, whom Sarah gave to Ibrahim in marriage; after Ismail's birth her jealousy led Ibrahim to take Hajar and the child to the Hijaz, in al-Raheeq al-Makhtum's account after al-Bukhari and Rahma lil-Alamin.

• Tha'laba ibn Amr al-Azdi

  The Azdi who turned toward the Hijaz in the Azd migration, lived between al-Tha'labiyya and Dhu Qar, then settled Medina when his sons grew; the Aws and the Khazraj, sons of Haritha ibn Tha'laba, descend from him in al-Raheeq al-Makhtum's account.

• Thuwayba

  The freedwoman of Abu Lahab who first suckled the Prophet after his mother, with the milk of her son Masruh; she had nursed Hamza before him and Abu Salama after him.

• أم حبيب بنت أسد

  Umm Habib bint Asad ibn Abd al-Uzza ibn Qusayy — a Qurashi ancestress of Amina through Barra.

• Umm Hakim al-Bayda bint Abd al-Muttalib

  One of the six daughters of Abd al-Muttalib in al-Raheeq al-Makhtum's count, known as al-Bayda; an aunt of the Prophet.

• Uwaymir al-Ajlani

  A companion of Banu Ujlan of the Ansar who accused his wife before the Prophet after the return from Tabuk; the Prophet administered the mutual oath of condemnation (li'an) between them and separated them.

• Wahb ibn Abd Manaf ibn Zuhra

  Chief of Banu Zuhra by lineage and standing; father of Amina and thus the Prophet's maternal grandfather; Abd al-Muttalib chose his daughter for his son Abdullah.

• Yaʾmar ibn Awf (al-Shaddakh)

  The Bakr ibn Abd Manaf arbiter who judged between Qusayy and Khuzaʾa that Qusayy was worthier of the Kaaba and Mecca, laying the blood Qusayy had spilled beneath his feet, i.e. waived, while awarding blood-money for Khuzaʾa’s dead; from that ruling he was called al-Shaddakh.

• Zuhayr ibn Abi Umayya

  A Makhzumi notable whose mother was Atika bint Abd al-Muttalib; the first among the five Meccan leaders to publicly challenge and break the boycott charter in the Haram.

Building

• Taj Mahal

  Shah Jahan's mausoleum for Mumtaz Mahal at Agra (1632–53) — the most famous building of the Islamic world and the pinnacle of Mughal architecture.

Work

• The Bamboo Stalk

  Saud Alsanousi's IPAF winner about a half-Kuwaiti, half-Filipino youth negotiating faith, class and belonging.

Concept

• Abawan (the two parents)

  Abawan is the dual of father. Literally it means a father and a mother; figuratively it can mean a grandfather and a grandmother, as in one verse of Surat Yusuf. When the word is used without qualification in a will, an endowment, a grant of safe conduct, an accusation of slander or similar acts, it means the father and the mother, unless a verbal or situational sign shows otherwise.

• Justice among co-wives

  For al-Sha'rawi, the justice the law requires among co-wives is equal treatment in what lies within the husband's choice: housing, time, household goods and provision, not the inclination of the heart, which is not in his power.

• Obstructing a marriage (adl): the guardian and the husband

  In the lexicon, adl means to prevent, and the jurists use it of a guardian who prevents his ward's marriage, and in the case of divorce for ransom of a husband who harms his wife so that she will pay him back. In principle it is forbidden for a guardian to prevent a ward's marriage to a suitable husband, and for a husband to harm his wife to force her to ransom herself; a guardian may be permitted to refuse for the woman's own benefit. A guardian is an obstructer when a woman asks for a suitable husband, or a suitable man proposes, and he refuses without a valid reason, whether or not she asks for her proper dower; the Hanafis do not count refusing a dower below the usual amount as obstruction, and the Malikis do not count a compelling father's rejection of suitors as obstruction unless harm is intended. Once obstruction is proven before the judge, he orders the marriage; if the guardian still refuses, guardianship passes to the ruler according to the Hanafis, Shafi'is, most Malikis and one Hanbali narration, or to the next guardian according to the main Hanbali view; if all guardians obstruct, the judge contracts the marriage.

• Fleshy growth in the wife's womb and the right to annul (afal)

  In the lexicon, afal is a fleshy growth in a woman's genital passage, which arises after childbirth and not in virgins; some say it is a swelling that narrows the passage until penetration is impossible. Some jurists distinguish it from ratq, a closure from birth; both are defects that give an option to end the marriage. The Malikis and Hanbalis hold that it gives the husband an option to annul the marriage, since it defeats the marriage's main purpose; Abu Hanifa and Abu Yusuf hold that neither spouse has such an option. The Shafi'is count ratq and qaran, another closure, as defects peculiar to women that give the option.

• Ahl al-Nasab (the kin by descent, and who counts as kin in bequests and endowments)

  Ahl in origin means the household and kin; the ahl of a man are those closest to him and his clan; nasab means kinship, which is common through one parent or, on another view, through both. For the jurists nasab is kinship through the father only: children are called after their fathers, not their mothers. Thus a bequest to the kin of a man, or an endowment to those who are called after him, goes to those who trace descent through the father; the Shafi'is and Hanbalis exclude the children of daughters, on the Qur'anic phrase that they are to be called after their fathers (sura al-Ahzab, 33:5). The Malikis count the children of daughters in one view, and the Shafi'is do so where the one who makes the endowment is a woman.

• Akdariyya (a named inheritance case)

  Akdariyya is a named case in inheritance involving a husband, a mother, a grandfather and a full or paternal sister, with three positions. Zayd ibn Thabit's view, followed by the Shafi'is and Hanbalis, makes the sister a sharer first and then an agnate with the grandfather, so the case is settled from twenty-seven. The Hanafis followed Abu Bakr and Ibn Abbas, so that the sister drops out. Umar and Ibn Mas'ud give the sister half and the grandfather a sixth.

• Brother (full, paternal and maternal) in law

  A brother is one born to the same father and mother or to one of them, with full brothers, paternal and maternal brothers, and milk-brothers. In law, zakat may be given to brothers; the father and a male descendant block all brothers; the grandfather and a descendant block the maternal brother; full and paternal brothers inherit with the grandfather; the full brother precedes the others, and the schools differ on whether the brother precedes the grandfather in guardianship, custody and bequest..

• The Muslim home (al-bayt al-muslim)

  The Muslim home as Sheikh Omar Abdelkafy presents it: its state today, affection and mercy within it, its secrets and the sanctity of privacy, spying and suspicion, relatives and guests, and lawful provision and patience.

• Joy and gladness (al-farah wal-surur)

  Sheikh Omar Abdelkafy sets out joy and gladness: surur as gladness free from grief, the blameworthy farah linked with pride and boasting, faith as the greatest source of gladness, happiness sought through piety and contentment rather than travel or wealth, and a cheerful face as a prophetic manner.

• Kalala (collateral heirs)

  For al-Sha'rawi, kalala are the collateral heirs of a deceased person who has neither ascendant nor descendant, and the rule concerns siblings. He separates uterine siblings, who take a sixth alone and share a third when more than one, from full or paternal siblings, for whom two sisters take two-thirds, and he holds that the separation answers the claim that the verses contradict each other.

• Living with a spouse in kindness (mu'ashara bil-ma'ruf)

  Al-Sha'rawi separates affection (mawadda), a feeling of the heart, from kindness (ma'ruf), good conduct owed even without affection. He reads the command 'live with them in kindness' this way, holds that a dislike in one respect may be matched by good in others, and recounts a story of Umar with a man who wished to divorce his wife because he disliked her.

• Male guardianship in the family (qiwama)

  Al-Sha'rawi reads 'men are in charge of women' as a burden of standing for their affairs, not as domination. He grounds it in the preference given to men through their labour and the maintenance they pay, and in the wife as a place of rest. He sets out the order in the verse for disobedience: admonition, separation in bed, then light striking that leaves no mark, and holds that obedience is judged by outward conduct. Conflict is referred to two arbiters from the two families.

• Adoption (tabanni)

  Al-Sha'rawi says Islam ended ascribing to an adopter a child not born of his loins. The phrase 'wives of your sons who are of your own loins' shows that adopted sons were known in pre-Islamic practice. He ties this to the story of Zayd ibn Haritha and Zaynab bint Jahsh and holds that the ruling came by revelation and not only as the Prophet's own legislation.

• Gradual dispersal of property (al-tafattut al-insiyabi)

  Al-Sha'rawi holds that the division of inheritance spreads wealth 'in a flowing way' among sons and daughters so that it circulates in society, unlike a 'forced' dispersal that can surprise children with deprivation. He links this to the effort a person puts into the land, and warns that resentment must not rise in society.

• Bequest (wasiyya)

  Al-Sha'rawi treats the bequest within the law of inheritance. The verse mentions the bequest before the debt, which he explains as emphasis, while in execution the debt is paid first because it has a claimant. He says Islam limited the bequest to a third so that heirs are not harmed, and that a man who writes a false debt to deprive relatives remains answerable before God.

• The clot stage of the embryo (alaqa) and the rulings on its loss

  In the lexicon, alaqa is thick coagulated blood, or blood that clots before it dries; it is a stage in the formation of the embryo, from which the lump of flesh develops, and it follows the drop of semen. The Malikis, Shafi'is and Hanbalis hold that causing the loss of the clot is forbidden; the Hanafis allow the loss of a pregnancy before a hundred and twenty days on conditions they set out, and some read this as limited to necessity. The majority do not require a ghurra for a lost clot, while the Malikis do. The majority hold that a woman who loses a clot is not counted as in post-natal bleeding, while the Malikis count her so, and a waiting period ends with it.

• Allusion to a proposal during the waiting period

  In his commentary on verse 235, Sha'rawi holds that allusion to a proposal to a woman in her waiting period is allowed, while open declaration and a secret promise are forbidden, and that the firm resolve to marry may not be made until the waiting period ends. He reads the contract as passing through three stages: allusion, resolve, and the contract.

• The paternal uncle ('amm) in inheritance, guardianship and custody

  'Amm, the paternal uncle, is the father's brother, and the plural is a'mam or 'umumah. In inheritance the full-blood paternal uncle takes precedence over the half-blood one; when alone he takes the whole estate as agnate, and when there is a sharer he takes what remains; the father, grandfather, brothers and sons of brothers block him, while the maternal uncle is among the distant kin. The jurists differ on the order of the uncle in washing and praying over the dead. In marriage guardianship his place follows the father, grandfather, brothers and nephews by school; the majority hold he may compel his ward to marry, while the Hanafis deny compulsion of an adult woman. In custody he is ranked by inheritance, and the full-blood uncle precedes the half-blood one.

• The paternal aunt ('amma): marriage bars, inheritance, custody and maintenance

  'Amma, the aunt, is the father's sister, and the word also covers the grandfather's sister; the plural is 'ammat. The jurists agree that marriage to an aunt is forbidden by blood and by suckling, on the Qur'anic list of forbidden women and the prophetic prohibition of marrying a woman together with her aunt. Her inheritance is disputed; those who admit distant kin to inheritance give her a share, and those who deny it do not. She has a right to custody after those who have a prior right, following the jurists' order. Her maintenance is disputed: the Hanafis require it for a relative within the forbidden degrees, the Malikis and Shafi'is require it on conditions, and the Hanbalis require it on the basis of inheritance by kinship, while al-Qadi among the Hanbalis denies it.

• Hardship and fear of sin ('anat) in marrying a slave-woman

  In the lexicon, 'anat is hardship, ruin and sin; among the jurists it means adultery and lewdness, and this is how they read the Qur'anic permission to marry a slave-woman for one who fears 'anat. The jurists agree that a believing slave-woman may be married by one who cannot afford a free wife and fears 'anat, and this is the view of most scholars. Still, patience in avoiding such a marriage is better. The majority (Shafi'is, Hanbalis and the preferred Maliki view) hold that the basic rule is that marrying a slave-woman is forbidden unless the conditions are met, while the Hanafis allow it on lighter conditions. The Malikis allow marrying a slave-woman owned by one's own slave, with distinctions, but a master may not marry his own slave-woman, since ownership and being owned conflict.

• The woman left unmarried (anus) and the rules on her consent and maintenance

  In the lexicon, 'anus is a woman whose marriage is delayed after she reaches the age and stays in her family's house; the word is also used of a man whose marriage is late, and its plural is 'unnas. The obstruction of a marriage by a guardian can be a cause of a woman remaining unmarried. The jurists differ on treating the spinster as a virgin in matters of compulsion and consent: the majority hold she remains like a virgin in the guardian's power to compel her, while some Malikis and Shafi'is treat her like a previously married woman once her virginity is lost. The jurists do not fix a single age for spinsterhood; some give a range from twenty to forty, and others refer it to custom. The father must maintain an unmarried daughter until she marries.

• The sacrifice for a newborn (aqiqa): its ruling, age, animals and manner

  In the lexicon, aqiqa is the hair a child is born with, and it names the animal sacrificed for a newborn; as a term it is what is slaughtered for a newborn in thanks to God. It differs from the festival sacrifice in its time and place: it is slaughtered when the child is born, at any time of the year, whereas the sacrifice is made on the days of sacrifice. The Shafi'is and Hanbalis hold it a confirmed sunna and the Malikis recommended; the Hanafis allow it as a voluntary act in thanks. The Shafi'is ask it from a father who can afford it, and the majority hold it for a girl as well as a boy. The Hanafis and Malikis fix the time at the seventh day, while the Shafi'is and Hanbalis count from the child's complete birth; the Shafi'is and Hanbalis require livestock, two sheep for a boy and one for a girl, while the Hanafis and Malikis give one for each. It is recommended to cook it without breaking its bones, eat from it, give it as gifts and charity, and to pronounce the reported formula at slaughter.

• The Arabs and their peoples before Islam

  The opening chapter of al-Raheeq al-Makhtum: the word 'Arab', the peninsula's borders, size and position between the continents, the historians' threefold division (extinct, original and Arabized Arabs), the Kahlani migrations from Yemen, the Adnani descent from Ismail, and the tribes' distribution across Arabia.

• Offering (ard) in marriage matters

  In the lexicon, ard means showing and disclosing; the jurists use the word in its lexical sense. In marriage, when one of two pagan or Magian spouses converts, or a People-of-the-Book man who married a pagan or Magian woman before consummation converts, the Shafi'is and Hanbalis hold that the separation is immediate and is an annulment (faskh), not a divorce. If the conversion comes after consummation, the Shafi'is and, in one report, Ahmad wait until the waiting period ends: if the other spouse converts before then, the marriage stands; otherwise the separation dates from the difference of religion. The Hanafis offer Islam to the spouse who has not converted and separate them if that spouse refuses, with distinctions for People of the Book and others. A woman may offer herself to a righteous man, and a father may offer his daughter to one whose goodness he trusts, even if that man is already married.

• Arham (kinship ties)

  The rahm (womb) is the place where the child grows and its container; figuratively it is kinship. Kinship is of two kinds: unlawful (mahram) and lawful (ghayr mahram). The first is any two persons related so that, if one were a male and the other a female, they could not marry, such as parents, siblings, grandparents however high, children and their children however low, paternal and maternal uncles and aunts. Cousins are not unlawful to one another. The entry also covers the rulings on joining and cutting ties, inheritance, bequests, maintenance, sight and seclusion, guardianship, testimony and manumission, each treated in its own entry.

• Agnatic kin (asaba) in inheritance, guardianship and custody

  In the lexicon, asaba are a man's sons and his paternal relatives, who inherit from him. As a term they are the heirs who have no fixed share in the inheritance agreed upon, and who take what remains after the sharers take theirs, or the whole estate if there are no sharers. They are set against the sharers (ashab al-furud), who have a fixed share in the Book of God, and against the distant kin (dhawu al-arham), who are relatives with neither a fixed share nor agnatic standing. Agnates in inheritance are of three kinds: the agnate in his own right, such as a son; the agnate through another, such as daughters with their brothers; and the agnate with another, such as sisters with daughters. They take what the fixed shares leave, and the whole estate if alone. Agnates also have priority in the washing and funeral prayer of the dead, the right to contract a marriage on behalf of a woman, custody of a child when no woman entitled to it is available, and the bearing of blood money for manslaughter, with the Shafi'is excluding the ascendant and descendant from that burden.

• Arab naming of children after plants

  Al-Hamdani observes that the Arabs inclined to name their men after thorny grazing shrubs — for the hardness, sharpness and drought-endurance in them: Talha, Samura, Awsaja, 'Urfuta, Qanada, 'Isiya, Sabra — and their women after the soft plants and fruits: Ghilqa, Bashama, Busra, Sahamma.

• Awl (proportional reduction of shares in inheritance)

• Dismissal from office and withdrawal (azl)

  In the lexicon, azl means removal or setting aside, as in removing someone from a post. The supreme imamate is established by the allegiance of those who bind and loose and lasts while its conditions last. Most jurists allow the imam to resign, while one view forbids it. A minister may not dismiss himself, but the imam may dismiss the minister he appointed. A judge may resign; the death of the imam who appointed him does not end his office according to the jurists; and the jurists differ on whether the imam may dismiss him, in three views. A judge loses office on losing a condition such as sanity, speech, hearing or sight, and some schools also count apostasy and wrongdoing; the dismissal does not take effect until word of it reaches him, according to the majority. Dismissal of an agent, guardian, partner in a profit-sharing contract, surety and administrator of an endowment is treated in turn. The entry also treats, under the same heading, withdrawal from a wife or slave-woman: the majority permit it, the wife's consent is disputed, and the jurists list excuses that make it lawful.

• Breastfeeding and weaning

  In his commentary on the nursing verse (al-Baqara 2:233), Sha'rawi treats the period of suckling, the child's claim on both parents, and the duty of maintenance, which he places on the father; he reads weaning as a matter for mutual consent and consultation, and holds that the verse protects the child from the effects of divorce.

• Childhood (sighar: its stages, the rights and duties of the minor, guardianship, the minor in worship and contracts, marriage, testimony and penalties)

  In language sighar is smallness of size or age; as a term it is a state that attaches to a person from birth until puberty. It has two stages, before discernment and discernment, and discernment has no fixed age. Capacity to have rights and duties belongs to the child and the adult alike; capacity to act depends on discernment. The rights of a newborn include a call to prayer in the right ear and the iqama in the left, tahnik, naming, the 'aqiqa (recommended by most), and circumcision (obligatory for the Shafi'is and Hanbalis, a sunna for the Hanafis and Malikis). Damages, support, tithe, zakat and other dues attach to the minor's estate, and the guardian pays from it. Guardianship covers the person and property; the guardian may only act for the minor's good, and the rich may not eat from an orphan's property. A child is ordered to pray at seven and beaten for it at ten, and is not bound to pray, fast or make the pilgrimage; his oaths and vows do not bind. His property is not handed over until he is of sound judgment, and the schools differ on restriction, licence to trade, bequests, marriage, divorce, waiting periods, testimony, and retaliation.

• Shahwa (desire: its effect on touch and ablution, on fasting and pilgrimage, on looking, on marriage by touch and on the breaking of the marriage bond)

  Shahwa is the longing of the self for pleasant things. Al-Mawardi held that the self should be given a measured share of what is lawful. It has effects in law. The Hanafis break ablution by touch only with gross contact; the Malikis and Hanbalis limit breach by touch to touch with desire; the Shafi'is make any contact of skin a breach. Emission by sustained looking breaks the fast in the view of the Malikis and Hanbalis but not in that of the Hanafis and Shafi'is. Looking with desire at a woman is forbidden, whether she is a stranger or one's kin, except one's wife. The Hanafis hold that touch or look with desire makes a marriage forbidden as in the case of unlawful intercourse.

• The male organ (dhakar) in the rulings

  Dhakar is the known male organ, and the opposite of female. The jurists differ on whether touching it with the palm breaks ablution: the Malikis, Shafi'is and one Hanbali view say it does; the Hanafis and another Hanbali view say it does not. Retaliation is due for cutting a sound male organ according to the majority, and a full diya is due for it when retaliation does not apply; the schools differ over the organs of the impotent and the eunuch.

• Maleness (dhukura) as a condition in the rulings

  Maleness is the opposite of femaleness, and the jurists treat it as a condition in several rulings: the Malikis require it for leading prayer, and most jurists bar a woman from leading men; it is required for the obligation of Friday prayer, of holy war and for the supreme imamate. On marriage and judgeship the schools differ: the majority require a male guardian and a male judge, while the Hanafis allow a mature woman to contract her own marriage and to judge in cases without hadd penalties.

• Dhurriyya (descendants in the rulings, especially in endowments)

  In lexicon dhurriyya means offspring, and is sometimes used for ancestors. The majority hold that dhurriyya covers sons and daughters, so an endowment to one's descendants includes the children of daughters; al-Kharaqi of the Hanbalis excludes them.

• Divorce before consummation

  Sha'rawi sets out what a woman divorced before consummation is owed. If no dower was fixed, she receives a provision (mut'a) according to the husband's means; if a dower was fixed, she receives half of it unless she waives it or the one in whose hand the marriage knot lies waives it. He reads grace (fadl) as completing justice ('adl) here.

• Shakk (doubt in law: its kinds, the rule that certainty is not removed by doubt, and its effect on worship, contracts, penalties and evidence)

  Shakk is hesitation between two possibilities, whether they are equal or one prevails. The rule of the jurists is that certainty is not removed by doubt, that doubt about a shortfall is treated as a shortfall, and that doubt about an addition is treated as an addition. Doubt has different effects according to its origin: a slaughtered animal whose slaughter is in doubt is forbidden; the worshipper builds on certainty in prayer, circumambulation and fasting; divorce is not effective on mere doubt about whether it was pronounced; penalties are averted by doubt; and concessions do not rest on doubt. The schools differ on some cases, such as doubt about a breach of ablution after certainty of purity, the number of rak'as, and the number of divorces.

• The ethics of the new community in Medina

  The manners the Prophet taught his companions in Medina: spreading the greeting of peace, feeding people, keeping kinship ties, good neighbourliness, mutual compassion, charity to the weak and clearing the road of harm, as al-Raheeq al-Makhtum reports them from the sound hadiths.

• Ghadd al-basar (lowering the gaze)

  Sheikh Omar Abdelkafy holds that lowering the gaze protects insight, that many incidents begin with a glance, and that a passing thought should be rejected at once.

• Custody of a child (hadana)

  Custody (hadana) is keeping safe, and raising in what suits, a person who cannot yet manage his own affairs; it is obligatory, since the child may perish or be harmed without it, and it becomes an individual duty when there is no other custodian. It differs from sponsorship (kafala), which is the joining of liabilities, from guardianship, and from the executorship that a will creates. It applies to a child, and to an insane or imbecile adult by general agreement. The mother has the better claim so long as she does not marry a stranger to the child: ”You have the better claim to him as long as you do not marry.” The order of claimants after the mother differs: the Hanafis put the mother's mother, the father's mother, the sisters, the aunts and then the agnates; the Malikis put the maternal grandmother, the aunts, the paternal grandmother, then the father; the Shafi'is put the daughter, the mothers' line, the paternal grandmother, the sisters and the aunts; the Hanbalis put the mothers' line, then the father, the paternal line, the grandfather, and the sisters, aunts and kin. When male and female claimants stand equal, the female takes precedence. The custodian's conditions include Islam for some, puberty and reason, trustworthiness, ability, freedom from contagious illness, soundness of judgement for the Malikis and Shafi'is, and a safe place. A man must be a mahram of an adolescent girl in his charge; a woman must not marry a stranger to the child and must not keep him in the house of someone who dislikes him. The place of custody is the father's dwelling; a custodian's removal to settle elsewhere ends custody for the majority, and the Hanafis draw a distinction for a mother's travel. Payment for custody is allowed for the Shafi'is and Hanbalis, and in the preferred Maliki view there is none. Custody lapses with a bar and returns when the bar is removed, and the views differ on its return after divorce. The mothers' custody of a boy ends at seven for the Hanafis, at puberty for the Malikis, while the Shafi'is give the child a choice between his parents on reaching discernment. Each parent has the right to see and visit the child.

• Hadiyya (gift)

  Hadiyya in the lexical sense is a thing of value sent to another as an honour; technically it is the transfer of a thing to another without return, a kind of gift (hiba) that differs in that it is carried to the recipient as a courtesy. It is complete when the giver sends it and the recipient takes it; no formula is required. The giver may retract before receipt, in the view of the majority. Where a gift comes in a container, the container is returned or held in trust depending on custom. At a circumcision or wedding, gifts suited to children go to the child, and others follow the kinship of the giver to the father or the mother. Gifts that officials and judges receive by virtue of office are forbidden; the Prophet's saying 'the gifts of officials are plunder' is cited. The imam may not accept gifts, according to the jurists. The mufti, preacher and teacher may accept, though it is better to refrain.

• The grandson (hafid)

  In the jurists' usage the hafid is a son's son. He is an agnatic heir by agreement, and stands in the place of a son when there is none; he makes agnatic his sisters and paternal cousins in his degree. For the Hanbalis, a daughter's son is also a hafid, and he inherits among the kin by blood. A granddaughter takes the place of a daughter when none is left and takes a sixth with a daughter. On whether grandchildren enter a bequest to ”the children”, the Hanbalis and the Hanafi favoured view include sons' children and not daughters' children; the Shafi'is in the sounder view exclude them.

• Blocking of heirs (hajb)

  Hajb (blocking) in inheritance is the barring of an heir from the whole share, called hajb hirman, or from a larger share to a smaller one, called hajb nuqsan. Exclusion by a quality, such as killing or slavery, does not reach the six heirs who cannot be excluded: the two parents, the spouses, the son and the daughter; exclusion by a person, such as a brother blocked by the father or the son, is the other kind. Reduction (nuqsan) affects five heirs: the two spouses, the mother, the son's daughter, the sister by the father, and the maternal siblings. Among the general rules, the nearer heir blocks the more remote, the stronger tie blocks the weaker, and whoever is linked to the deceased through an heir inherits only with the mother's children. The jurists differ on whether the grandfather blocks full and paternal brothers: the Hanafis hold that he does, while the majority and the two companions of Abu Hanifa hold that he inherits with them. The grandmother is blocked by the mother, and the jurists differ on the paternal grandmother and on whether a nearer grandmother on one side blocks a remoter one on the other. Most jurists hold that an heir excluded for a bar such as killing or slavery does not block others, but Ibn Mas'ud held that a deprived heir still blocks.

• Hajr (abandonment and shunning: its rules for a believer, a sinner, an innovator and a wife)

  Hajr in the lexical sense is the opposite of joining; technically it is leaving what must be attended to, and a person's separation from another in body, speech or heart. Abandoning what God has forbidden is commanded, on the saying 'the emigrant is one who abandons what God has forbidden'. It is forbidden for a Muslim to shun his Muslim brother for more than three nights; most jurists allow shunning for three nights, and some count shunning beyond that among the major sins except toward one who has left the brotherhood of Islam. Whether shunning ends by written messages to an absent person, or by greeting, the jurists differ. The better of the two who shun is the one who greets first. Shunning a non-Muslim is allowed, and a husband may shun a rebellious wife in bed until she obeys. Shunning openly sinful or innovating people as correction is recognised, and the jurists give several rulings on it and three on the one who sins in secret.

• Pregnant woman (hamil) in fiqh

  A pregnant woman (hamil) in fiqh is a woman carrying a child. The entry covers her blood, fasting, marriage, divorce, waiting period, maintenance, the carrying-out of penalties, injury to her or her foetus, the burial of a pregnant woman, and rules for pregnant animals in slaughter, zakat and sale.

• The glans (hashfa) in the rulings

  In the jurists' usage, the glans (hashfa) is what lies beneath the skin cut in circumcision; a series of rulings depend on it in the matter of intercourse, such as the major ablution, the invalidating of fasting and the hajj, the full bridal gift, lawful return after triple divorce, the status of marriage, and the penalty for fornication, on each of which the schools differ in detail. In a mistaken injury that severs the glans, the full blood-money is owed by agreement, and part of it for a partial severance according to the majority.

• Hiba (gift: its pillars, the parties, the thing given, possession, return and conditions)

  Hiba in the lexical sense is giving a thing to another without return; technically it is transferring property without return at once. It differs from the wider atiya, from hadiya in that most jurists require acceptance in a gift, and from sadaqa, which seeks reward in the hereafter. Gifts are lawful by the Qur'an, the sunna and consensus, recommended, forbidden when meant for sin, aid to wrongdoing or bribery, and disliked when meant for show. The pillars are, for most jurists, the two parties, the thing given and the formula; for the Hanafis only the formula. The donor must be competent; the schools differ on the debt-bound, the feeble-minded, a dying man's gift beyond a third, and a father's gift of his son's property for a return. The gift of an unauthorized donor is void for most, suspended on approval for the Hanafis; a drunkard's gift depends on whether the drink was lawful. The thing given must exist, be owned by the donor and have value; most jurists disallow gifts of the non-existent or unknown, while the Malikis allow what can be moved. The schools differ on giving a debt to a third party and on an undivided share. On possession: the Hanafis, Shafi'is and one Hanbali view require it, with donor's leave and no encumbrance; the Malikis hold the gift binding by the contract, and a Hanbali view accepts an unpossessed gift of what is not measured. On the formula: the Hanafis count the offer alone as the pillar, the majority the offer and acceptance; acceptance may be by act; delayed acceptance is allowed by the Malikis and Hanbalis; a conditional gift is refused by the Hanafis, Shafi'is and Hanbalis. Conditions attached to a gift: the majority void an invalid condition and keep the gift; the Malikis, Shafi'is and one Hanbali view void both. A gift for a return: most jurists allow it, the Shafi'is in the weaker view and one Hanbali view forbid it; its nature is a sale by the Malikis, Shafi'is and Hanbalis, and a gift begun and sale completed by the Hanafis. Whether a return is due without stipulation: the Hanafis, Shafi'is and the Hanbali school do not require it except by statement; the Malikis and one Hanbali view require it by custom. Retraction: the majority forbid it except for the father in his son's gift; the Malikis extend it to the mother and ascendants; the Hanafis allow it with disapproval. Impediments to retraction: for the Hanafis, the thing's destruction, its passing out of the donee's hands, a joined increase, a return, kinship, marriage, alms, the death of either party, or change in the thing; for the Malikis, an increase or decline, a debt contracted on account of the gift, or the donee's illness; for the Shafi'is, leaving the donee's control; for the Hanbalis, leaving his ownership, others' interest in it, or an increase. A retraction is a dissolution for the Hanafis when made by judgment or by mutual consent (Zufar holds consent a new gift); the retracted thing returns to the donor, and the donee who holds it after retraction is not liable unless he exceeded.

• Shawra (the household goods a wife brings or is given: whose they are and the husband's use of them)

  Shawra is the household goods: bedding, covering and clothing, and in Maliki usage the implements the house needs. A wife is owed from her husband what keeps her alive, food and clothing and the goods she needs, which is agreed. Most jurists hold that the husband may not use goods the wife owns without her leave. The Malikis allow him use if she has received her dower; if not, he may stop her from disposing of the goods in a way that ends her ownership.

• Parents' rights (huquq al-walidayn)

  Parents' rights over their children, as Sheikh Omar Abdelkafy presents them: honouring and kindness while they live and after they die, the priority of the mother, and avoiding disobedience.

• Spouses' rights (huquq al-zawjayn)

  The rights of husband and wife as Sheikh Omar Abdelkafy sets them out in two lessons of his series on rights: the wife's duties toward her husband and the husband's duties toward his wife, with affection, mercy and good companionship.

• Son (ibn) in fiqh

  The Kuwaiti encyclopedia gives the literal sense of ibn as the son in direct line by blood, from the back or from the belly; its use for a son's son is figurative, and a foster son, when the word is used alone, is taken as the direct blood son. For the father, the son is every male born to him on a valid bed, under a defective marriage, by a recognised mistaken intercourse, or by a bond of ownership; for the mother, every male she bore from a marriage or from an illicit union, and a male she suckled is a foster son to her. The son is an agnate in his own right and the first of the agnates: he takes the whole estate if alone, and the remainder after the fixed shares, and he is not excluded from inheritance at all. The jurists agree that he inherits the freedman's patronage (wala') before a daughter; the majority hold that he has the right to contract his mother's marriage; and in some schools he bears a share of the blood money and of the oath of qasama in homicide. The son of unlawful intercourse is ascribed to his mother alone. The detailed rules are given in their places: inheritance, marriage, foster-relations, maintenance, custody, descent, offences and the aqiqa.

• Brother's son (nephew)

  The Kuwaiti encyclopedia defines a brother's son as the male issue of a brother, whether full, paternal, maternal or by fostering; when used without qualification the word means the blood relation, and it is used figuratively for a brother's son's son however far down. He takes the place of a brother when none is living, in inheritance, except in five matters: he does not make his sister agnate; the grandfather excludes him; a number of such nephews does not reduce the mother's share from a third to a sixth, unlike brothers; a maternal nephew does not inherit as a fixed-share heir; and a nephew does not take the place of brothers in the musharraka case. The jurists agree that a full or paternal nephew comes before the paternal uncle in inheritance, in bequest to the nearest kin, and in guardianship of marriage; they agree that the grandfather comes before him in custody. The Malikis place him before the grandfather in bequest to the nearest kin and in guardianship of marriage.

• Paternal uncle's son (paternal cousin)

  The Kuwaiti encyclopedia defines a paternal uncle's son, linguistically, as the male child of a paternal brother, by blood or by fostering; without qualification the word means the blood cousin, full, paternal or maternal. The full or paternal cousin is an agnate in his own right: he takes the whole estate when alone and no closer agnate exists, and otherwise the remainder after the fixed shares, by agreement. The maternal cousin is among those with blood-ties through a female, and generally inherits in that capacity, though earlier and later jurists differ on how he inherits. The agnatic cousin has the right to contract the marriage of his cousins when no closer guardian exists, and by agreement he may take retaliation for homicide if he is an heir; he has the custody of a male cousin when no woman or closer man is entitled to it. The Malikis give these rights also to the maternal cousin, and in some of them put him before the paternal one.

• Paternal aunt's son

  The Kuwaiti encyclopedia defines a paternal aunt's son by blood as the male blood child of a blood paternal aunt, whether she is a sister of the father by both parents, by the father alone or by the mother alone; by fostering, he is the son of the foster sister of the father. Without qualification the word means the blood relation. The jurists agree that he is among those with blood-ties through a female who are not mahrams: the duty of kinship applies to him, he may marry his maternal cousin, and maintenance is not due from him unless he is an heir, with differences and detail on this. The jurists treat the rules in inheritance, the funeral prayer, marriage and maintenance.

• Daughter's son

  The Kuwaiti encyclopedia defines a daughter's son by blood as the male blood child of a blood daughter; by fostering, he is one in whom the foster tie takes the place of the blood tie; and without qualification the word means the blood relation. The jurists agree that he is not included in the word my children in a waqf; they differ on whether he is included in the words children of my children, my offspring, my descendants and my issue. They agree that he is a mahram, and the rules of mahrams apply to him, including the prohibition of marrying his grandmother and the permission to keep company with her and travel with her. They agree that he is among those with blood-ties through a female, with rules in inheritance, exclusion, guardianship, custody, maintenance, the revocation of a gift and liability for offences.

• Son's son (grandson in the male line)

  The Kuwaiti encyclopedia defines a son's son as the male first descendant of a son, by blood or by fostering; when used without qualification the word means the blood relation. He is called a grandson (hafid), and the word son is used of him figuratively, and likewise of a son's son's son however far down. The jurists agree that he is an agnate: the higher son excludes him, and he excludes those below him. He makes agnates of his sisters and of his paternal female cousins who stand level with him, and he makes agnate those above him among his paternal aunts when they have no fixed share as daughters. The jurists differ on whether he may contract his grandmother in marriage: the majority say he may, and the Shafi'is disagree.

• Maternal uncle's son

  The Kuwaiti encyclopedia defines a maternal uncle's son as the son of the mother's brother. He is either a blood cousin, which is the meaning when used alone, or a foster cousin. The jurists agree that he is within the non-prohibited kin, so the rules for those who are not mahrams apply to him: marriage to him is permitted, a woman may not be alone with him, and maintenance is not due from him unless he is an heir. They also agree that he is among those with blood-ties through a female, with rules in inheritance, leading the funeral prayer, the bond of kinship and guardianship.

• Maternal aunt's son

  The Kuwaiti encyclopedia defines a maternal aunt's son by blood as the male blood child of a blood sister of the mother; by fostering, he is one in whom the foster tie takes the place of the blood tie. The word child covers male and female; the word son covers only the male. The jurists agree that he is among those with blood-ties through a female who are not mahrams: the duty of kinship, permission to marry, the prohibition of being alone with them, and no duty of maintenance unless he is an heir apply to him. They agree that he is among those with blood-ties through a female, with special rules in inheritance, leading the funeral prayer and guardianship; the jurists treat this in marriage when they require a guardian.

• Sister's son

  The Kuwaiti encyclopedia defines a sister's son by blood as the male blood child of a blood sister, in three kinds: the son of a full sister, of a paternal sister and of a maternal sister. By fostering, he is the male child a blood sister suckled. The jurists agree that he is a mahram kinsman among those with blood-ties through a female, so the rules of mahrams apply to him: marriage to him is forbidden, women may enter upon him, and they may look at him within the permitted limits; the rules on cutting the hand for theft are treated in the books according to the jurists' detail. The jurists also agree that he is among those with blood-ties through a female, with special rules in inheritance, maintenance, the right to lead the funeral prayer, guardianship and the bond of kinship. They differ on whether the maternal aunt comes before the father in custody of her sister's son.

• Iddah (waiting period)

  Iddah in fiqh is the waiting period a woman observes after divorce or widowhood before she may remarry; the Kuwaiti Fiqh Encyclopedia treats it across its chapters, from the term of the iddah to the supervening iddah and residence in the iddah home.

• Idla (connection by descent: the ranking of heirs and custodians by the line that links them)

  Idla literally means lowering a bucket into a well, and was then used for any sending down. The jurists use it mostly in inheritance and custody for the tie of descent that links a person to the deceased or the child in custody. Someone who connects directly is preferred over one who connects through another, and one who connects by two lines over one who connects by a single line.

• Chastity and restraint (iffa)

  In the lexicon, iffa is restraint from what is unlawful or unbecoming; a man or woman is chaste when he or she refrains from forbidden things. The word ihsan (protection or chastity) has four senses: chastity, marriage, freedom and Islam, and is wider than chastity. Islam guards human dignity, so begging is forbidden to one who has enough, and permitted to the truly needy within limits. Believers are praised for chastity and forbidden to approach what leads to adultery; the means of chastity are marriage for those able to bear its cost and fasting for those who cannot. The jurists hold that one who can afford marriage, whose desire is strong, and who fears adultery must marry. They differ on whether a man must provide chastity for his ascendants and descendants. The majority hold that one partner's adultery does not bar the chaste from marrying the other; the Hanbalis require, for a woman, that her waiting period end and that she repent.

• Ikhdam (providing a servant to a wife or to a bankrupt)

  Ikhdam means, in the lexicon, giving a servant. The majority of jurists hold that a husband must provide a servant for his wife if she is of a class that is served, or else maintain the servant she brings with her. The servant of a wife is treated under maintenance, and that of a bankrupt or an imprisoned debtor under bankruptcy.

• Ikhtilaf al-din (difference of religion and its rulings)

  Difference of religion brings rulings: the bar to inheritance, the bar to guardianship in marriage between Islam and unbelief, marriage with a woman of the book, the Hanafi bar to a man's custody, the child's following the better parent in religion, the bar to bearing blood-money between Muslim and unbeliever, and the bar to kin maintenance except ascendants and descendants according to the Hanbalis.. On bequests, partnership and slander: a bequest between a Muslim and a dhimmi is valid by the majority; partnership between Muslim and unbeliever is valid with conditions by the Malikis and Hanbalis; no hadd on a Muslim who slanders an unbeliever, but a dhimmi who slanders a Muslim is flogged..

• Ikhtilat (mixing of things and of men and women)

  Ikhtilat is joining one thing to another; its ruling varies with its effect: forbidden where lawful and forbidden are combined, a matter for search where pure and impure are mixed, a liability in a deposit, and voiding a bequest where the bequeathed thing is mixed; in the mixing of men and women what involves seclusion, display or amusement is forbidden, and it is lawful for a lawful need within the rules of the law..

• Iksal (coitus without ejaculation)

  Iksal is intercourse in which the man's member goes slack after penetration, so he does not ejaculate. It does not change the rulings on intercourse. By the majority view, penetration without ejaculation is enough for the condition of marriage (ihsan), for the return of a husband who swore off intercourse, for curing impotence, and for making a triply divorced woman lawful to her former husband, because the tasting in the hadith is intercourse. Al-Hasan al-Basri required ejaculation, and Sa'id ibn al-Musayyab held that the contract alone sufficed.

• Imlak (marriage contract, and the wedding feast of the contract)

  Imlak means marriage and the marriage contract. The wedding feast of the contract is a sunna for the Shafi'is and Hanbalis, and accepting the invitation to it is a sunna for the Shafi'is; for the Shafi'is one feast is enough, with the feast of consummation.

• Impotence (inna) as a ground for the wife's option to end the marriage

  In the jurists' usage, 'inna is the inability to have intercourse through the front passage while the organ is sound; the man is called 'anin for the softness and bending of his organ. Impotence is a defect that gives the wife the right to ask for separation, according to the majority; the judge gives the husband a lunar year from the day of the claim, after the practice of 'Umar. The time is not counted while a lawful barrier stops intercourse, such as menstruation, fasting, sickness, pilgrimage or travel, on the detail set by each school. Impotence is established by the husband's admission, by his oath, or by evidence before the judge; the judge or his deputy takes the decision. If the year ends without consummation, the wife chooses; the Hanafis hold the separation is an irrevocable divorce, the Shafi'is and Hanbalis hold it an annulment, and the Malikis draw distinctions. The wife is due the full dower according to the Malikis and, in general, the Hanafis; she observes a waiting period, which the Hanafis, Hanbalis and Malikis hold as a precaution.

• Intisab (ascription to parents, clients, crafts and places)

  Intisab in the lexical sense is ascribing oneself to a father, a tribe, a town or a craft. Ascription to one's true father is obligatory when true, and to any other is forbidden; adoption is forbidden. A freed slave is ascribed by clientage, and the Hanafis allow a contract of allegiance by which a convert takes a patron; ascription to a craft, a tribe or a town is permitted. The child of a lian is attached to his mother.

• Irba (desire: men without sexual need and the rules on their gaze at women)

  In law, irba is need, especially need for women. Those men who follow a household without sexual need, through impotence, unawareness or poverty, are the 'men without need', and the jurists differ on whom they are. The sounder Hanafi view is that the eunuch, the castrated, the old man, the slave, the imbecile and similar men look at a non-kin woman as a full man does; the majority hold that such men are like kin in looking at a woman's places of adornment.

• Honour (ird)

  In the lexicon, ird means the self and the lineage: a person of clean honour is one free from blemish, and the plural is a'rad. When the word is paired with self, blood or property, it means only lineage, and lineage is the usual sense in the jurists' use of the word. Lineage, for the jurists, is the distinction inherited from forebears and the nobility of descent. The law protects life, honour and property, and prescribes punishments and retaliation for them; the jurists agree that defending self, honour and property against an aggressor is lawful. They agree that defending honour in the sense of chastity is obligatory, and that whoever abandons it commits a sin. Where a man finds another committing adultery with his wife and kills him, the jurists hold that there is neither retaliation nor blood-money. On defence, the majority require defending oneself and permit defending property, while some permit both.

• Wedding feast and wedding rites (irs)

  In the lexicon, irs is the marriage arrangement and the building of the home; some say it is the name of the wedding feast alone. Arus denotes both bride and groom while they are at their wedding, and zifaf is the handing over of the bride to her husband, a narrower word than irs. The Malikis and Shafi'is hold that the bridegroom may not leave congregational prayer and works of piety during the wedding days except at night; the Hanbalis allow him to stay with his bride to be at ease with her. The wedding feast (walima) is prescribed by consensus; for most jurists it is a confirmed sunna, but accepting the invitation to it is obligatory. Congratulating the couple and praying for them is recommended, and the Shafi'is disliked the saying 'with harmony and children'. The husband is recommended to take his bride by the forelock and pray, and the marriage is to be announced with the drum. On the division of nights, the majority give a new bride seven nights if she is a virgin and three if she is a widow or divorcee, with disagreement.

• Irth (inheritance: the science of fixed shares, its lawfulness, the gradual legislation and the estate and its debts)

  In law, irth is a divisible right passing to its beneficiary after the death of the one who held it, by kinship or the like; its science is the science of fixed shares, among the most important sciences after the pillars of religion, and it is lawful by the Qur'an, the Sunna and consensus. The pre-Islamic people inherited by kinship, alliance and adoption, and this was later abrogated. The estate, for the majority, is what the deceased left in property and rights, and for the Malikis and Shafi'is its debts attached to particular goods are paid first.

• Marital companionship and the rights of spouses (ishra)

  In the lexicon, ishra is companionship and mingling; ashir is a near kinsman or friend, and a wife's ashir is her husband. As a term it is the affection and union between spouses. The Hanafis and Hanbalis hold that spouses' good companionship is recommended, while the Malikis hold it obligatory in conscience but not enforceable in court. Good companionship means fulfilling each one's rights in full with good conduct. The husband's rights include the wife's surrender of herself for intercourse, her obedience in what is not sinful, the enjoyment of her, her cleanliness and grooming, her not admitting unwanted guests or leaving the house without his leave; the majority hold that service is not obligatory on her, while the Hanafis hold it obligatory in conscience. The wife's rights include the dower, maintenance, the husband's intercourse with her, and night-sharing or equal division where he has more than one wife, on which the jurists differ in detail. Companionship, enjoyment and inheritance are shared rights.

• Protection (ismah): divine protection, sanctity of life and the marriage bond

  In the lexicon, ismah is the act of preventing and protecting; the jurists also use it of the marriage bond, as in the Qur'anic reference to the bonds with unbelieving women. As a term it has three senses: the protection God gives a person from sins; the protection that makes a person and his property sacred, so that retaliation or compensation is due on violating it; and the protection that makes violating it sinful without retaliation or compensation. The text states that the messengers are protected from sins after their mission, and that on their prior state the sound view it records is that they were free of every defect. Sacredness of life and property is gained by the testimony of faith, and by a covenant of protection such as a treaty or safe-conduct. The marriage bond ends by annulment, as for apostasy or defect, or by divorce; the husband normally holds the power of divorce, and a wife holds it when he delegates it to her or when she stipulated it.

• Sending infants to Bedouin wet-nurses

  The custom of the settled Arabs of seeking wet-nurses in the desert for their children, to keep them from the diseases of the towns, strengthen their bodies and nerves, and let them master pure Arabic from the cradle; by it the Prophet was nursed among Banu Sa'd ibn Bakr by Halima.

• Jāhilī Marriage Forms

  Four pagan marriage forms — common, istibda‘ (lending a wife for a better lineage), communal paternity assignment, and wife-swapping (al-badal) — Islam abolished all but the first.

• Janin (the unborn child)

  Janin in the language is the child in the womb. In fiqh it names what forms in the womb. The Kuwaiti encyclopedia sets out its effect on the waiting period (iddah) of a pregnant woman, on inheritance and on gifts and bequests made for it, the rule for an assault on the unborn that causes miscarriage (a ghurra, which the source gives as one-twentieth of the blood-money, according to the majority), and how a stillborn child is washed, shrouded, prayed over and buried, with the rules depending on whether it was born alive, moved, or was a miscarriage of less than four months.

• Jihaz (equipment of the fighter, the traveller or the bride)

  Jihaz in the language is what a fighter or traveller needs, and what a bride takes to her husband. In fiqh, equipping the registered fighters is an obligation on the Muslims through the public treasury. The bride owns her own trousseau, and jurists generally hold that she is not obliged to furnish it from her dower.

• Jiwar (neighbourhood and the rights of the neighbour)

  Jiwar in fiqh covers the rights a neighbour has over a neighbour. The Shafi'is and Hanbalis set the limit of neighbourhood at forty houses on each side. The encyclopedia treats shared walls and their use, screens against sight from roofs and windows, rights of passage along a public watercourse, pre-emption for an adjoining neighbour, which the Hanafis accept and others limit, and how the rights of neighbours restrict what an owner may do with his property.

• Equality in marriage (kafaa)

  Kafaa in marriage is a particular equality between the spouses that averts shame. The qualities counted are religion, lineage, freedom, craft, means and freedom from defects, and the jurists differ on each. It is a right of the woman and of her guardians; it is judged at the time of the contract; most jurists require it for the marriage to continue rather than for it to be valid. The Hanafis and Hanbalis require it on the man's side only; Abu Yusuf and Muhammad and others add the woman's side. Her consent and the guardians' waive it; a defect in it gives the right to annul, and the schools differ on whether the marriage is void or annullable.

• Expiation (kaffara)

  Kaffara means covering, from the root of concealing. In law it is an expiation owed for certain sins and violations; it has both a penal and a devotional character. One cause is breaking an oath: it is owed on breaking the oath, not on swearing it; the schools differ on the oath of deception and on the vain oath, on whether several oaths on one matter need several expiations, and on expiating before breaking the oath. Another cause is killing: all agree on the expiation for killing by mistake and near-intentional killing; the schools differ on intentional killing, on killing by causation and on a foetus. The article then covers breaking the fast of Ramadan and the rules on intercourse in it, the prohibitions of the hajj and ihram, the expiation for zihar, and the conditions and kinds of expiation.

• Kalala (collateral heirs, fiqh)

  Kalala, from kalal (fatigue, or from the crown that encircles), has two senses in law. Some say it names the heirs other than parents and children, while others say it names the dead man who has neither father nor son, since kin surround him on both sides; a report has the Prophet asked about it and say: one who dies without a child or a parent. Al-Raghib called it a name for the dead man and held both senses correct.

• Leek (karrath)

  Karrath is a known plant of foul smell, distinct from garlic, onion and radish. The jurists agree that eating a strong-smelling plant such as onion, garlic, leek or radish is an excuse to stay away from congregational prayer when the smell cannot be removed, on the hadith of Jabir. Eating it without intending to go to the mosque is disliked. Most jurists allow the husband to stop his wife eating such things. On salam in leeks the Malikis and Shafi'is allow it and the Hanafis refuse it. The jurists in general accept the sale of leek once it has ripened, on the hadith forbidding the sale of fruit before its ripeness.

• Uncovering (kashf)

  Kashf in the lexicon is lifting a veil; in law it concerns uncovering the private parts ('awra). Covering the 'awra is a condition of valid prayer. An adult of sound mind may not uncover his 'awra before others; the stricter 'awra is more grave to uncover. Exceptions are between spouses and what need or necessity requires, such as treatment, circumcision and testimony, kept within the need. The jurists differ on uncovering in privacy: most forbid it without need, while some allow it for a small purpose. A man in the sacred state must uncover his head and a woman her face, according to some jurists.

• Breaking (kasr)

  Kasr in the lexicon is shattering a thing and separating its parts; in the law it is breaking a bone of a person whose blood is protected, which is forbidden. Retaliation is owed for breaking a tooth when the conditions of retaliation hold and no further damage is feared. For other bones the schools differ: the Hanafis, Shafi'is and Hanbalis allow no retaliation, while the Malikis allow it where it is not dangerous. There is no fixed compensation for breaking a bone beyond an assessed sum, though these schools set fixed sums for some bones. The schools disagree whether the owner must pay for musical instruments and wine vessels broken by a man who forbids them. In inheritance, a fraction of the shares is adjusted so each heir receives a whole number of shares.

• Restraining anger (kazm al-ghayz)

  For Sheikh Omar Abdelkafy, restraining anger is a deed of great standing with God. Pardon is its fruit, patience with an offender is the real test, and anger that is not restrained can ruin homes.

• Kinaya (allusive speech in fiqh)

  Kinaya, in lexical sense, is speaking so as to indicate what is meant, like rafath and ghaʾit; in law it is speech whose meaning is hidden by use although its literal sense is clear, so it needs intention or what stands for it, such as the circumstances.

• Clothing owed (kiswa)

  Kiswa in the lexicon is the garment one covers oneself with. A husband owes his wife clothing once she has made herself available to him as is due. A relative whose maintenance is owed must also be clothed, if he is well off, and the expiation of an oath requires clothing ten poor persons. The Hanafis measure the husband's clothing duty by his means, the Shafi'is and Hanbalis by what suffices her; the Malikis set a yearly provision in two seasons. A wife whose husband cannot clothe her may seek separation according to the Malikis, the preferred Shafi'i view and the Hanbalis; the Hanafis have the judge fix the clothing and let her borrow. If the husband does not provide, the arrears become a debt.

• Keeping secrets and trusts

  For Sheikh Omar Abdelkafy, keeping secrets is among the first of trusts. He criticises the spreading of the secrets of homes and gatherings, and recounts the story of Abu Bakr and Umar on keeping a secret.

• Disbelief (kufr)

  Kufr means concealing in the lexicon; in the law it is denying what is known of the religion of Muhammad by necessity. It is the gravest sin, and its penalty in the next world is eternal Fire. A person forced to utter a word of disbelief is not a disbeliever while his heart is at peace with faith, though patience is better. The jurists give three views on whether disbelievers are addressed by the detailed rules of the law; the Muslims must call disbelievers to Islam before fighting them. On conversion, the rights of God fall away, while human rights that were accepted by the debtor remain. The book also treats the impurity of the disbeliever, touching the mushaf, entering mosques, deathbed prompting, guardianship, marriage, wills, hire, partnership, waqf and the aid of disbelievers in war.

• Equal in marriage (kufu)

  Kufu in the lexicon is the equal, the peer; in marriage it is the man fit to be a woman's husband. Guardians with the power to compel marriage must marry a woman to an equal, and a guardian without compulsion may not marry her to a non-equal without her consent. If she consents, a marriage to a non-equal is allowed. If she asks for a suitable man and the guardian refuses, he is obstructive and the judge takes his place.

• Kunya (teknonym, fiqh rulings)

  A kunya is a name that begins with ab (father) or umm (mother), such as Abu Abd Allah or Umm al-Khayr; al-Jurjani adds ibn or bint. It is a name besides the given name and the laqab, used with them or alone to honour its bearer, and belongs to notable people; among the Arabs kunyas were so common that they sometimes overcame the proper names, as Abu Talib and Abu Lahab.

• Dislike and aversion (kurh)

  Kurh is hardship in the lexicon and is the opposite of love. It has two kinds: what the nature shrinks from, and what reason or the law shrinks from. It may be obligatory, as in hating unbelief and sin; forbidden, as in hating Islam, the Prophet or the Companions for their virtue; or permitted, as in disliking a divine decree that is a sin while accepting the decree. Hating Islam or the Prophet is disbelief, and so is hating the Helpers and the Companions for their support of religion. An imam who is disliked by most of his congregation for a just reason is disliked as an imam. A husband may bear with a wife he dislikes for a fault in her character, short of immorality; a wife may seek khul' from a husband she fears she cannot obey God with.

• Attachment of descent (lahaq), fiqh rulings

  Lahaq, in lexicon, is reaching or attaining; a physiognomist attaches a child to its father by saying it is his son from a resemblance he sees; istilhaq is claiming a child, a narrower term. In law, istilhaq is a man's claim that he is the father of this child.

• Touch (lams), fiqh rulings

  Lams, in lexicon, is feeling and perceiving with the surface of the skin, like mass, and it is a euphemism for intercourse, as is mubashara, contact of skins. In law lams is the meeting of one body with another for a purpose such as warmth, cold, hardness, softness or knowledge of a thing's truth; mass is the meeting of two bodies in any way, so lams is narrower.

• Foundling (laqit), fiqh rulings

  Laqit, in lexicon, is a child found thrown on the roads whose father and mother are unknown; the Hanafis define it as a living born child abandoned by his people from fear of poverty or to flee suspicion; the Malikis as a human child whose father and manumission are not known; the Shafi'is as any lost child without a guardian; the Hanbalis as a non-discerning child whose descent and status are unknown. A found thing (luqatah) is wider, since it covers what is not human.

• Slapping (latm), fiqh rulings

  Latm, in lexicon, is striking the cheek with the open palm, and a single blow is a latmah; the jurists keep the same sense. Safʿ is a blow on the nape with the palm, and wakz is a push or a blow with the fist closed.

• Mutual cursing between spouses (li'an), fiqh rulings

  Li'an, in lexicon, is a verbal noun from cursing, meaning expulsion or distance from good, or from God, and from people, abuse. For the Hanafis and Hanbalis it is the testimonies between spouses, confirmed by oaths, with the curse from the husband and wrath from the wife; for the Malikis, the husband's four oaths that he saw her commit adultery or denies a pregnancy, and her oaths denying him; for the Shafi'is, fixed words. It serves as necessary proof to ward off the hadd of accusation from the husband, or to deny a child.

• Women's clothing (libas al-mar'a), fiqh rulings

  Libas is what covers the body; its plural is albisa and lubus. Husband and wife are each a garment for the other, as the surah of the Cow says (verse 187), without quoting the text here. Zina, adornment, is wider than libas.

• Veil over the mouth (litham), fiqh rulings

  Litham, in lexicon, is the veil over the mouth or lip; its plural is lutham, tatallum is wearing it, and malatam is its place, the nose and what surrounds it. Qinaʿ is a garment with which a woman covers her head and most of her face, and khimar is what a woman covers her head with.

• Colostrum (lubaʾ), fiqh rulings

  Lubaʾ, in lexicon, is the first milk that comes after birth; Abu Zayd said it is usually three milkings and at least one. Fisah is the time when the lubaʾ has passed and the milk clears.

• Attachment of descent (luhuq), fiqh rulings

  Luhuq, in lexicon, is attaining or overtaking; jurists use the root for the attachment of descent, for a dhimmi or apostate going over to the land of war, for attaching the foetus of a slaughtered animal to its dam for lawfulness, for attaching young grazing animals to the zakat count, for attaching accessories to a sale, and in the usul sense for analogy.

• Missing person (mafqud)

  A missing person (mafqud) is one who is lost or gone, whose place, life and death are unknown and whose news has ceased. The entry covers his wife, whose marriage the disappearance does not dissolve, the waiting period, where Ali held she waits for his death or divorce while Umar set four years followed by widowhood; his property and its sale; the maintenance of his wife, children and parents; bequests and his suspended inheritance; the management of his affairs; and the end of the disappearance by return or proof of death. The entry ends on p.14841, after the effects of his return on his wife and property.

• Maintenance of the divorced nursing mother and infant

  From al-Baqara 2:233 Sha'rawi holds that maintenance and clothing fall on the father, the one to whom the child is born, and that they are owed to divorced nursing mothers rather than to wives in general; that it is measured by custom and nobody is charged beyond capacity; and that the heir bears the same duty if the father dies.

• Cemetery (maqbara)

  A cemetery is the place of graves, the place where the dead are buried. The jurists rule on prayer in it (reprehensible for the Hanafis and forbidden where the ground is disturbed for the Shafi'is, with a dispute on doubt), funeral prayer there, recitation and walking there, staying the night, the use of its land once the dead have decayed, ownership of its trees, its boundaries, its endowment, and relieving oneself there (forbidden or reprehensible).

• The client by contract of alliance (mawla al-muwala)

  The client by contract of alliance is a person of unknown descent who forms a bond of alliance with a person of known descent. The contract states that the one inherits from the other and that the one pays the blood-money of the other. The jurists differ on his inheritance: the majority of Maliki, Shafi'i and Hanbali scholars hold that the contract is not a cause of inheritance, while the Hanafis make it one, ranked after the freed client's patronage. Their rules cover the conditions of the contract, the right to transfer to another ally before the blood-money is paid, the child of a woman who makes the contract, and the order of inheritance after the agnates, the patron and the kin.

• The newborn child (mawlud)

  The newborn (mawlud) is a child delivered after the full term of pregnancy; a miscarriage (saqt) comes out before the term is complete. Life is shown by suckling, a cry, movement, coughing or breathing, and with it comes capacity to hold rights. A child born alive who cries is named, washed, shrouded, prayed over, buried, and inherits and is inherited from, according to most jurists; blood-money is due if he is killed. His birth also takes effect on conditional divorces and manumissions. Recommended rites include the call to prayer in his ears, tahnik, shaving his head, naming him on the seventh day, the zakat al-fitr due for him, circumcision, and the piercing of a girl's ears for ornament; his feeding, custody and maintenance; his following of his parents in religion; and the rules on his urine and saliva.

• What the right hand owns (milk al-yamin)

  For al-Sha'rawi, what the right hand owns belongs to the aim of ending slavery. He holds that Islam widened the ways of manumission, that a concubine must be fed, clothed and not burdened beyond her capacity, and that no source of such ownership remains in his own time.

• Women's inheritance

  Al-Sha'rawi notes that the verse 'O you who believe, it is not lawful for you to inherit women by force' ends the pre-Islamic practice of denying women inheritance and of taking them as inheritance against their will, and that in the past inheritance went only to those who fought and defended. He reads the verse as addressing free women, since the word 'women' points to them, and says that slave women fall under another ruling.

• Shahr (the month: the lunar month in law, the months of pilgrimage, the iddah in months, and the hire by the month)

  When the word is used without qualification in law, the month means the lunar month, as the verse of the Repentance (36) says: the number of months with God is twelve, four of them sacred. The months of the pilgrimage are, for most jurists, Shawwal, Dhu al-Qa'da and the first ten days of Dhu al-Hijja; for the Malikis, all of Dhu al-Hijja. A woman who no longer menstruates observes her waiting period in months. Where a thing is hired month by month, the Hanafis and Malikis validate the contract, the Shafi'is void it beyond the first month, and the jurists differ on how a month that does not begin on the first day is counted.

• Thigh contact (mufakhadha)

  Mufakhadha, in the lexical sense, means a man sitting between a woman's thighs or above them as one does in intercourse; the technical sense does not differ. A husband may touch his wife's thighs outside ihram and outside menstruation or postpartum bleeding, with or without a barrier; with a woman who is not his wife it is forbidden. For the pilgrimage, the Shafi'is forbid it under conditions, with a fidya owed when it occurs before the first release, though the rite is not voided. For fasting, mufakhadha breaks the fast if ejaculation follows and not otherwise; most jurists impose no expiation, while the Malikis do. On affinity, the Shafi'is hold two views on whether sexual thigh contact establishes it. For the Shafi'is there is no hadd penalty for it, only discretionary punishment.

• Woman married without a fixed dower (mufawwada)

  A mufawwada is a woman married without a dower named, or on condition that she has none; the word is applied to a woman who delegates her matter to her husband or guardian, and in the passive form when her guardian delegates it for her. A marriage without a dower is valid by consensus, citing the Quranic verse on divorce before consummation and the report of Ibn Mas'ud, who ruled that she gets the dower of women like her. Delegation of the marriage itself, meaning leaving the dower out, is valid by the majority; the Malikis, and a Shafi'i view, hold the marriage void when the absence of dower is made a condition. A woman must be sane, adult and of sound judgement to delegate, and the jurists differ on a guardian who delegates her matter without her permission. This entry is partial; the sections on the dower owed by a delegated wife and the father marrying a daughter without dower continue beyond p.14852.

• Excess (mughalat) in dowry, shroud and worship

  Mughalat means exaggeration: going beyond the proper measure in a thing. The jurists keep the technical sense close to the lexical one, and its opposite is cheapness. In dowry there is no fixed upper limit; the Malikis disliked a dowry that exceeds the usual amount for such a woman, and most jurists recommend a light dowry. For the shroud, exaggeration is disliked because of the hadith forbidding it; the term means more than the customary shroud, while good shroud is judged by whiteness and cleanliness rather than price. In worship the believer is to be moderate and avoid excess in religion; the lasting small act is preferred.

• Reciprocity and equality (mukafa'a)

  Mukafa'a means returning like for like, and in the lexicon it is equality, as in the hadith that the blood of the Muslims is equal in blood-money and retaliation. The jurists apply the notion to several matters: returning a gift with a gift, the equality of killer and victim in retaliation (required by the Malikis, Shafi'is and Hanbalis but not by the Hanafis), equality of spouses in marriage (required by most jurists), the words of a quarrel that turn into divorce, the reward for a partner in a profit-sharing contract, and equality of horses in a race.

• Preliminaries to intercourse (muqaddimat al-jima')

  Preliminaries to intercourse are the kissing, touching and close contact that come before it. The jurists rule on them where they bear consequences: in the pilgrimage, in fasting, in revocable divorce, in zihar and in affinity. A husband is recommended to caress his wife before intercourse so that her desire rises with his. In usul the word muqaddima also means the precondition of an obligation, on which the usul appendix has the detail.

• Division by shares (muqasama)

  Muqasama is the division of a shared thing into shares; each partner takes his portion. The jurists use the word in several chapters: how a grandfather shares the estate with the brothers, the kharaj on land taken as a share of the produce, a partner's demand that common property be divided, and the picking of fruit and its division between the owner and the collector. It is broader than the mahaya (time-sharing of use) and the muhasa (pro-rata sharing when assets fall short of debts).

• Nafaqa (maintenance)

  Nafaqa, in the lexicon, is what is spent; as a term it is what a person needs to sustain life in the usual way without extravagance. It is owed for three causes: marriage, kinship and ownership. A wife's maintenance is owed by her husband by the Qur'an, the Sunna and consensus; it is owed from the contract in one view and from her yielding herself in the Maliki, Hanbali and the new Shafi'i views. It is measured by sufficiency in the Hanafi, Maliki and most Hanbali views, and by a fixed measure in the Shafi'i view that is preferred; the means of both spouses are considered. It lapses through disobedience and by travel without permission, with details. Relatives' maintenance is owed between ascendants, descendants and collaterals, with the schools differing on who is included, on inheritance and on debt. The animal's maintenance falls on its owner, a slave's on his master, and a poor man with no provider on the treasury.

• Maintenance of relatives (nafaqat al-aqarib)

• Nahariyyat (marriage on condition of day only)

  Nahariyyat, for the Hanafis, is a woman whom a man marries on condition that he be with her by day and not by night. The marriage is valid and the condition void; it is an example of how invalid conditions treat a marriage.

• Naqia (feast for a returning traveller)

  Naqia, in the lexicon, is food prepared for a traveller who returns; the word also covers food at a betrothal and an animal slaughtered for hospitality. The Hanafis and Hanbalis hold it lawful; the Malikis and Shafi'is hold it recommended. Accepting the invitation is a sunna or recommended by most Hanafis, Shafi'is and Hanbalis; some early scholars and some Hanafis and Shafi'is held it obligatory; the Malikis dislike attending all feasts except the wedding feast.

• The defective case of inheritance (naqisa)

  In the law of inheritance, a defective case (naqisa) is one in which the shares of the fixed-share heirs fall short of the base of the case, leaving a surplus. The jurists recognise three kinds of case: the equal (adila), where the shares equal the base; the defective; and the increased (a'ila), where the shares exceed it. The Hanafis, Malikis and Shafi'is require for a defective case that there be no agnate; the Hanbalis require that there be no increase or return and that an agnate be present. Most jurists hold that the surplus returns to the fixed-share heirs, with differences over who receives it; the detail is under the entry on inheritance.

• Lineage (nasab) and the proofs of descent

  Nasab, in the lexicon, is lineage; in law it is the relation between two people through a shared birth, near or far. It differs from agnation (asaba), client-right (wala'), kinship by womb (rahm), marriage-relation (musaharah), suckling kinship and the degrees of the line. It is forbidden to acknowledge a child one knows is not one's own, or to deny one who is. Lineage is established by a valid marriage where conception is possible, by a defective marriage with real intercourse, and by intercourse under a mistaken belief according to the majority, but not by fornication. Firash (the marriage bed), qiyafa (the tracker's judgement) according to the Malikis, Shafi'is and Hanbalis, acknowledgement, testimony, hearsay by reputation, and the judge's ruling are the proofs. The gestation period is at least six months, and the maximum is disputed (four years, two years, five years, or nine months). The acknowledgement of lineage is governed by conditions; a man may acknowledge five kinds of relation and a woman four, according to the Hanafis. Lineage cannot be made the subject of arbitration; an oath in a lineage claim is disputed. Its effects include maintenance, inheritance, the bar of marriage, the lifting of retaliation from a father, and guardianship. Lineage once established cannot be given up, and it is ended by li'an.

• The Prophet's lineage and its three parts

  al-Raheeq al-Makhtum divides the Prophet's lineage into three parts: one agreed on by the sira and genealogy scholars, up to Adnan; one disputed, between those who suspend judgement and those who affirm it, from Adnan up to Ibrahim; and one that certainly contains unsound matter, from Ibrahim up to Adam.

• Share (nasib) in the rules of property and inheritance

  Nasib, in the lexicon, is a share or portion of anything; a share is also the part of something divided. In inheritance every nasib is a fixed share but not every fixed share is a nasib. The law fixes the shares of heirs: a half, a quarter, an eighth, two-thirds, a third and a sixth, detailed under inheritance. In partnership a partner may dispose of his share by sale, hire or lending, on differing views. A partner's hand is a trust, so he is liable only for transgression or negligence, a view held by the majority of jurists. The fee for division is distributed by shares in the majority view. In dividing real property, the share follows the layout of the property. When the divider assigns each partner his share the division is complete, and each one owns and may dispose of his share. In pre-emption the pre-emptor acquires the share in ways the jurists dispute, and they dispute the treatment of buildings or plantings made by the buyer. When one of two co-owners frees his share of a joint slave, a wealthy owner frees the whole and owes the other partner the value of the other share, according to the Malikis, Shafi'is and the usual Hanbali view; a poor owner frees only his share, and Abu Hanifa differs.

• Offspring (nasl) and its legal rulings

  Nasl means offspring or progeny in the lexicon, and the jurists use it for the young of a human or an animal, and for the foetus. Offspring is one of the aims of the Law and one of the necessities that must be preserved, since the continuation of the human kind depends on it; al-Shatibi lists five necessities, namely religion, life, offspring, property and reason. Al-Sarakhsi holds that marriage is the lawful path to procreation, and al-Ghazali that its purpose is to continue the offspring. The Prophet urged marrying an affectionate, prolific woman, and the entry reports a hadith with the grade attributed to al-Haythami. Castration is forbidden because it cuts off offspring. The jurists differ on coitus interruption: some forbid it outright, some allow it outright, and some allow it only with the wife's permission. The Malikis forbid a man to cut off his semen so that he cannot father a child; the Shafi'is hold that cutting offspring is forbidden even with medicine. The jurists agree that abortion is forbidden after ensoulment and differ before it. Whoever harms a person and thereby destroys his capacity to beget owes full blood money. The young of a usurped animal is returned with its mother. On a mortgaged animal, the majority hold that its young is mortgaged with it, while the Shafi'is disagree. In a waqf made for the offspring, the Shafi'is, some Hanafis and the Hanbalis admit the children of daughters, while the Hanbalis admit them only with a clue and the Malikis by custom. A forward sale of the young of a particular animal is not valid for the Shafi'is and Hanbalis, because such a combination is rare.

• Nazar (looking) and its rulings

  Nazar, in the lexicon, is the sense of sight or considering a thing with the eye; it can also mean keeping or contemplating, and ru'ya (seeing) is narrower. Its rulings vary with the person looked at. For a man looking at a young foreign woman, all of her body except the face and hands is forbidden by agreement, and the face and hands carry four views. Looking with desire is forbidden in every case, and looking at a girl with desire is forbidden at any age; a man may look without desire at a mahram's places of adornment. Looking is allowed for need, such as proposing, treatment, judging, testimony, dealing and teaching, only to the extent of the need. The first unintended glance is forgiven.

• Marriage to a slave woman (nikah al-amah)

  Al-Sha'rawi says marriage to a believing slave woman needs her owner's permission, that her dower is paid in the customary way, and that if she commits zina after marriage her penalty is half that of a free married woman. A Muslim who can marry a free woman may marry a slave woman only in need and fear of sin. He says one purpose of the ruling is to end slavery, since a child follows the mother's status.

• Nikah (marriage in fiqh)

  In the lexicon, nikah can mean intercourse or the contract without intercourse. Each school gives its own definition: the Hanafis call it a contract that gives a man enjoyment of a woman, the Malikis a contract making lawful enjoyment of a woman who is not forbidden to him, the Shafi'is a contract that carries the permission of intercourse by the words nikah or tazwij, and the Hanbalis the contract of tazwij. The jurists give three views on whether the word is literally intercourse, literally the contract, or both. The disagreement changes some rulings, such as whether a man who committed zina with a woman makes her forbidden to his ascendants and descendants, and whether an oath not to marry, or a divorce tied to marriage, is broken by the contract or by intercourse. Related terms are khitba, the proposal that comes before marriage; sifah, illicit intercourse, the opposite of marriage; and talaq, the ending of the marriage tie. This is a partial draft of the entry (completeness 0): the ruling by category, the wisdom, the pillars and the formula are not yet drafted.

• Forbidden marriage (nikah munhi 'anhu)

  A forbidden marriage is one the lawgiver has forbidden. The encyclopedia sets out the pre-Islamic forms, the marriage of banners, the marriage of a group and the marriage of seeking offspring, and then the marriage of exchange (shighar) with each school's ruling. The jurists agree that shighar is forbidden and differ on its ground: for the Malikis the absence of a dower, for most Shafi'is the sharing of the sexual part.

• Niqab (face veil)

  Niqab, in the lexicon, is a cover the woman puts over her nose to hide her face. It is tied to the question of the woman's 'awra. Most jurists hold that the face is not 'awra, so covering or uncovering it is allowed, while the Malikis dislike the veil in all cases. A woman in ihram may not veil her face, on the hadith of Ibn Umar, and most jurists dislike the veil in prayer. For the Hanafis a marriage with a veiled woman is valid only if the witnesses know her or she is pointed out, and the Malikis and Shafi'is set conditions for testimony about a veiled woman.

• Niyaba (representation and agency: contractual and legal, and substitution in worship)

  Niyaba in the lexical sense is making another one's deputy in a matter; technically it is one person's standing in for another in an act. It differs from wilaya, qawama, wakala and wasiyya; niyaba is the wider notion. There are two kinds: the contractual, which is agency, and the legal, which is guardianship over those unable to act for themselves through youth or the like. Legal guardianship is over property or over the person. In purely financial worship, such as zakat, expiations and vows, substitution is permitted by agreement; in purely bodily worship, such as prayer and fasting, it is not; in worship of body and wealth, such as the pilgrimage and the lesser pilgrimage, it is permitted under conditions: the principal must be permanently unable and must have funds, and for the Hanafis, Shafi'is and Hanbalis the deputy must have performed his own pilgrimage first. Pilgrimage on behalf of the dead is treated separately for obligatory and voluntary acts; hiring for the pilgrimage on behalf of the dead is permitted by the Malikis, Shafi'is and in one Hanbali report, and forbidden by the Hanafis. Substitution in sacrifice and in stoning is permitted; the jurists differ on substitution in offices.

• Marital disobedience (nushuz) and its rulings

  Nushuz in the lexicon means rising up, and a wife is said to be nashiz when she disobeys her husband and withholds herself from him. As a term the Hanafis define it as a wife leaving her husband's house without right, and the Malikis, Shafi'is and Hanbalis as a wife leaving the obedience owed to her husband; it may also come from the husband. It is forbidden in the jurists' view. The Hanafis distinguish nushuz in marriage, a wife withholding herself and leaving his house, from nushuz during the waiting period, leaving it out of defiance. The other schools count further forms, such as leaving or travelling without permission, bolting the door, and withholding enjoyment without a reason. Most jurists hold that a nashiz wife loses maintenance and lodging, and that they return when she comes back to obedience, though the details differ. A wife in nushuz loses her turn in the rotation, and the Shafi'is in the sound view do not give her zakat. The husband may discipline her by admonition, leaving her in bed, and beating that is not severe; the jurists differ on the order of these measures and on whether nushuz must be repeated before beating. The majority hold the husband liable for any loss from lawful discipline. If there is wrongdoing by either spouse, the judge restrains it; if the dispute grows, he appoints two arbiters, one from each family. The jurists differ on whether they are agents or judges, and on what they may do, such as reconciling, separating or taking payment.

• Nutfa (seminal drop)

  Nutfa, in the lexicon, is the fluid of a man or a woman, and also a small quantity of water; it is the first stage of the foetus. Most jurists hold that a waiting period does not end by a nutfa, since it is not proven to be a child or a pregnancy. Jurists differ on expelling a nutfa before ensoulment; all forbid expelling a foetus after ensoulment. If an injury causes a woman to expel a nutfa, the aggressor owes nothing.

• Overlap of causes and rulings (tadakhul)

  Tadakhul is one thing entering another without any addition in size or measure. In the jurists' usage, several causes may be met by one ruling, or several rulings by one act. The schools differ on where it operates, causes or rulings: the Hanafis place it in causes for acts of worship and in rulings for penalties. It is discussed in purification, prayer, fasting, pilgrimage, expiation, waiting periods, injuries and blood-money, fixed penalties, the jizya and the arithmetic of inheritance.

• Shalal (paralysis: its rulings for touch, prayer, injury, retaliation and marriage)

  Shalal is the corruption of a limb and the loss of its movement; the loss of feeling entirely is not required. Several rulings attach to it. The Malikis and Hanbalis limit breach of ablution by touch to touch with desire. A paralysed person prays with whatever pillars he can perform: if he cannot stand he prays seated, and if he cannot bow or prostrate he signals with his head. A sound hand is not cut for a paralysed hand; the paralysed hand carries a fair assessment of damages, and paralysis of the male organ gives the wife the right to annul the marriage.

• Shufa (pre-emption: the right of a co-owner or neighbour to take property sold to a stranger)

  Shufa is the compelled taking of property by the buyer's price from the new purchaser, or a right of compulsory acquisition that belongs to the old partner over what has come into another's ownership for a consideration. It is established by the sunna and by consensus, on the basis of a report of Jabir that pre-emption applies to what has not been divided, and of the purpose of lifting harm from partners. The jurists agree it belongs to a co-owner with an undivided share in the property, so long as it is not divided; they differ on whether it applies to things that cannot be divided, to neighbours, and to rights attached to the sold thing. The Hanafis give it to an adjoining neighbour and a partner in rights; the majority deny it to neighbours.

• The political condition of the Arabs before Islam

  al-Raheeq al-Makhtum's picture of rule in Arabia at the rise of Islam: crowned but dependent kings in Yemen, al-Hira and al-Sham, and independent tribal chiefs in the interior with a king's authority; the tribe as a miniature government founded on asabiyya, its chief entitled to the quarter, the choice share, the roadside booty and the remainder; the frontier regions in decay between masters and slaves, the inland tribes fragmented with no king, and the religious government of the Hijaz respected but weak.

• Judicial ruling and religious truth (qada and diyana)

  Al-Sha'rawi separates judicial ruling, which rests on evidence before a judge, from religious truth, which concerns a person before God. A judge may rule on the apparent evidence while the religious position stays the same: if a debtor has paid, heirs may not claim the debt again. He adds that God's forbearance toward a wrongdoer does not mean the act is lawful.

• Midday rest (qaylula)

  In the lexicon qaylula is sleeping in the middle of the day; the jurists use it in the same sense, meaning a nap before noon or around midday. The nap is recommended, and the sources give as reasons that devils do not nap and that it helps with night prayer, as suhur helps with fasting. Midday is one of three times when people commonly uncover themselves, and the Qur'an sets these times for permission before entering; the Companions disagreed on whether that ruling still applies.

• Appointed guardian (qayyim)

  In the jurists' terms a qayyim is a person appointed by the judge to carry out the bequest of someone who named no executor, to manage the affairs of minors, the insane and the spendthrift, and to guard the property of absent persons who have no agent. His authority comes after that of the father, the grandfather and their executors. The judge limits what he may do to what the judge has authorised; most jurists forbid him to buy for himself; and the judge may dismiss him, though not the executor of an original guardian.

• Rabiba (a stepdaughter: the marriage bar that follows entering the mother)

  A rabiba is the daughter of a wife, and the daughter of her son or daughter however far down, by blood or fostering. She is forbidden to the husband when he has entered her mother, and most jurists do not require that she be in his custody, though Umar and Ali did. The death of the wife before entry does not take the place of entry for most jurists, while a Hanbali view counts it. The daughters of the rabiba and their daughters are forbidden by consensus.

• Rada' (suckling): who nurses, the wage of the nurse, the bars of marriage by milk kinship, and how suckling is proved

  Rada' is the sucking of the breast and drinking of milk; in law it is the arrival of a woman's milk, or what comes of it, into the belly of an infant under conditions. Nursing is a duty on the mother, in the Hanafi view a duty of religion and not of law; for the Shafi'is and Hanbalis the father must arrange it if the mother is not fit, and the nurse is paid the usual wage. The bar of kinship comes from a woman's milk and not a man's or an animal's; from the milk of a dead woman by the majority; and from a mixed milk where its effect shows. The schools differ on the number of sucks: the Hanafis and Malikis count any number, the Shafi'is and Hanbalis five. The period of suckling that bars marriage is two years by the Shafi'is, the Hanbalis, Abu Yusuf and Muhammad, and two and a half years in Abu Hanifa's view. By suckling the nurse and her line are barred to the child, and the nurse's children are his milk-siblings; the milk of the stallion (the husband of the nurse) bars by the majority. Suckling is proved by admission or evidence, and the schools differ on the number of witnesses. The nurse has a claim on the one she nursed, and it is recommended to reward her.

• Smell (raiha) in the rulings: purity, pilgrim, mosques, harm, the drinker and the wife

  Smell is an accident perceived by the sense of smell, whether pleasant or foul; the word rih is used by some only for a pleasant scent. Its ruling changes with the chapter of law. If an impurity or a mixed substance changes the smell of water, most jurists say the water loses its purifying power, while the Hanafis say it does not unless its nature as water is lost. A pilgrim in the state of ihram may not use scents whose smell is intended, but fruit with a pleasant smell is not forbidden. Mosques are to be perfumed and kept free of foul smells such as garlic and onion, and a person with such a smell is kept from the congregation. The smell of wine on a drinker's breath does not prove the hadd penalty in the view of most jurists, but the Malikis accept it. A husband may forbid his wife what gives him an unpleasant smell, and he may require her to remove foul odours from her body and clothes.

• Raj'a (return of a divorced wife in the waiting period): its ruling, its conditions, its forms and its effects

  Raj'a in the lexicon is return; in the jurists' sense it is the continuation of a marriage that still stands, or the restoration of a revocably divorced wife to the marriage during her waiting period without a new contract. The jurists agree on its lawfulness from the Qur'an and the Sunna. In principle it is permitted and is the husband's right; it is obligatory for the Hanafis and Malikis when he divorced during menstruation, recommended for the Shafi'is and Hanbalis in that case, recommended on regret and reconciliation, and forbidden if the purpose is harm. Its conditions are a revocable divorce, consummation, that it occur within the waiting period, that the divorce was not by annulment or for a consideration, that it be immediate and not conditional, and that the one who takes her back be competent to marry. It is valid by explicit words and by allusion, and by act for the Hanafis and Malikis under conditions; the Shafi'is hold it invalid by act; the Hanbalis hold intercourse valid. Witnessing it is recommended for most jurists, informing the wife is recommended, the Hanbalis and Hanafis allow the divorced wife to adorn herself, and the Shafi'is forbid it. Disputes arise over a claim of return made after the waiting period has ended.

• Rajul (the adult male): the rules that set men apart from women

  In the technical sense a rajul is a male of mankind who has passed childhood by puberty; for inheritance the word covers a male from birth. Men are distinguished by several rules: silk and gold are forbidden to them, a silver ring is allowed, their nakedness runs from navel to knees, the call to prayer, leading men in prayer and the Friday prayer are theirs, the blood-money of a free Muslim man is one hundred camels, and jihad is obligatory on them when it is a collective duty. Only men give testimony in retaliation and hudud. In inheritance and guardianship the man precedes where he is better placed to protect the interests, while the woman precedes in custody.

• Raqaba (the neck; the person as a slave): its place in wiping the neck in ablution, in divorce and in zihar when attached to the neck, and in manumission

  Raqaba in the lexicon is the neck, and by a figure of speech the whole person; it also means a slave, as in the phrase 'freeing a neck'. Wiping the neck in ablution is recommended by the Hanafis, disliked by the Malikis and not recommended by the Hanbalis; the Shafi'is add washing the side of the neck to the lengthening of the white mark. If a husband attaches divorce to his wife's neck, the divorce takes effect. If he likens his wife's neck to his mother's, the majority hold it a zihar, while the Hanafis do not. The term raqaba names a slave in manumission, the expiations and contracts of writing-off.

• Raqm (the marking of a price on goods, and pictures on cloth): sale by the written price, and the decorated cloth

  Raqm in the lexicon is the weaving of cloth; technically it is the mark that shows the price for which a sale takes place, or the price written on the cloth. A sale by the written price is valid when both know the price; when both are ignorant it is void according to the majority, and the Hanbalis hold it valid if the ignorant party learns the price before they part. A hadith forbids images in houses but excepts a mark on cloth.

• Ratq (the closure of the female passage): its effect on the marriage, on the option to annul, on cure, maintenance and division

  Ratq is the opposite of splitting; in the jurists' usage it is the closure of the place of intercourse by flesh or other matter, and qarn and 'afal are near terms. The Malikis, Shafi'is and Hanbalis give the husband an option to annul the marriage if he did not know of the closure at the contract; the Hanafis give none. The Malikis delay the case for treatment if the wife asks for it; the Shafi'is do not allow forcing the opening. Maintenance is due to her and the husband must divide his nights fairly.

• Rida' (consent in contracts): its meaning, its place among the choices of the Hanafis and the majority, its defects, and its means of expression

  Rida' in the lexicon is contentment and a glad heart; in the Hanafi usage it is the choice brought to its full end so that its effect shows, and for the majority it is intent to do an act without coercion. The Hanafis distinguish choice from consent: a choice is valid under coercion short of compulsion, while consent is defective under it, so marriage, divorce and return are valid without consent in their view; the majority hold intent and consent the basis of all contracts. The lawful taking of another's property depends on consent, by the verse 'unless it be trade by mutual consent'. Defects of consent are coercion, ignorance, error, deception and exploitation; some make a contract void and others only open to annulment. Consent is inward and is expressed by word, act, writing, sign, or silence in a place where speech is needed; a virgin's silence counts as consent to marriage.

• Rifqa (the travelling company): its recommendation, the duties of companions, the pilgrimage and the rules for women

  Rifqa in the lexicon is companionship; a rifqa is the company that travels with a man. It is recommended to travel with a company and disliked to travel alone. The company should be of righteous people and should appoint the best of them as leader; sharing one's food and money is advised only as far as it suits all. The duty of pilgrimage requires a company where the road is dangerous. For women the majority require a husband or a mahram to travel with them, while the Malikis allow a trusted company for a duty. The company must bury and prepare any dead companion, and a traveller must ask his companions for water for ablution.

• Riq (bondage): its kinds and causes, the rights and duties of owner and slave, the marital and sexual rules, the slave's worship, transactions, crimes and inheritance, and how bondage ends

  Riq (bondage) is a person's being owned by another; freedom is the original state, and the jurists set out its rules at length. Slaves enter ownership by capture in war, by the offspring of a slave-woman, by purchase, gift, bequest and inheritance; a free Muslim may not be enslaved. A non-Muslim may not keep a Muslim slave, and must sell or free him. Owning a relative within the prohibited degrees frees him. The owner may command the slave in what is not sinful, but the work must be within his strength; he must provide food, clothing and care, and may not torment or disfigure him. The owner may sell, pledge or give the slave, and the schools differ on sale on condition of freedom, on separating relatives in sale, and on the slave's property. In worship the slave is lighter: Friday is not obligatory, the owner pays his zakat, and his vowed fast and i'tikaf need leave; his hajj is not obligatory until freed. In marriage a free man may marry a slave-woman under conditions; a slave's divorces and waiting period are counted by his condition. In crimes, a free man is not retaliated against for killing a slave; a slave who kills a free man is retaliated against; the value of a slave is owed; the hadd for a slave is half of a free man's. The co-owned and the partly freed slave have their own rules. Bondage ends by manumission, by writing-off, by the status of mudabbar or umm walad, by legal manumission and by bequest.

• Ruju' (return or retraction): in judgment and fatwa, in contracts, in testimony and confession, in apostasy and in the rules of travel

  Ruju' in the lexicon is turning back; in the law it is a return to what was, or the undoing of an act. It may be obligatory, as a return to the Qur'an and the Sunna when people dispute; recommended, as the mutual cancellation of a sale; permitted in revocable contracts; forbidden, as taking back a charity; or disliked, as taking back a gift in the Hanafi view. A judge or mufti may change his ruling when his ijtihad changes; a few Malikis disagreed, but most held that the earlier judgment is not annulled by a later ijtihad. Revocable contracts, such as loan of use, bequest, partnership, agency and deposit, may be revoked; binding contracts may be revoked only by mutual consent. A return is lost by remission, by the death of a party, or by the waiver of a right. In testimony, witnesses who retract after judgment pay the money, and the penalty is not carried out; in confession, a retraction removes the hadd penalty by the majority.

• Rukuh (the bow in prayer): its ruling as a pillar, the calm in it, its posture, the raising of the hands, the glorifications, and the prohibition of bowing to a creature

  Rukuh (bowing) in the lexicon is inclining; in prayer it is lowering the head with the back bent in a fixed posture until the palms reach the knees. It is a pillar by agreement, from the verse 'bow and prostrate' and the hadith of the one who prays badly. The majority hold the calm in it obligatory; the Hanafis hold it a duty of lesser force. The minimum is the bend until the palms reach the knees; the perfect form is the back and neck level. The majority have the hands raised at the bow and the takbir said as one goes down; the Hanafis raise the hands only at the opening. Glorification at the bow is a sunna; its number is disputed, and recitation of the Qur'an in the bow is disliked. An imam should not lengthen the bow to wait for a latecomer where it burdens the congregation, and bowing to a creature in honour is unlawful, and it is unbelief if meant as worship.

• Rukun (inclining to a suitor): the approval that precedes marriage, and retraction from it

  Rukun in the lexicon is inclining, settling and feeling at ease; in law it is the inclination toward a suitor and the appearance of the woman's or her guardians' consent. Retraction from it is allowed for a valid reason, since marriage is a lasting contract whose harm endures; retraction without a valid reason is disliked.

• Ruqba (a 'life-estate' in which each party watches for the other's death): its meaning, its relation to the umra and the gift, and the schools' views

  Ruqba in the lexicon comes from watching; one says: I grant you this house as a ruqba: if I die first it returns to me, and if you die first it is yours and your heirs'. For the Malikis each says to the other: if I die first your house is mine, and if you die first mine is yours. It is close to the 'umra, to gift, to loan and to the milk-ewe. It was known in the pre-Islamic period. The Shafi'is, Hanbalis and Abu Yusuf hold it valid, and the condition of return void. Abu Hanifa and Muhammad hold it void, as the making of ownership hangs on a doubtful event; the Malikis treat it as a loan.

• Rushd (sound judgment as the end of a ward's incapacity): its meaning, the test of a child, and the release of property

  Rushd in the lexicon is sound judgment and right conduct; in the jurists' usage it is the soundness of property for the majority, and of both property and religion for al-Shafi'i. It is the last stage of capacity: a person who comes of age sound has full capacity, his guardianship ends and his property is handed to him. If he comes of age unsound, the majority hold the restriction continues until his soundness is shown, while Abu Hanifa hands over the property at twenty-five years. A child is tested by letting him conduct the kind of transactions his peers conduct, once or more, and the schools differ on the method and the time, the Hanafis, Shafi'is and Hanbalis mostly before puberty. The rules of soundness appear in many chapters of law, such as sale, partnership, agency, gift, endowment, marriage, khul' and custody.

• Sight (ru'ya) in the rulings: seeing as a legal basis

  In lexicon ru'ya is perceiving a thing with the eye, and it may also be by the heart; jurists mostly use the first sense. The ruling on seeking sight varies with its purpose: sighting the new moon of Ramadan is a collective duty for the Hanafis, seeing a woman one is considering marrying is recommended, seeing a forbidden part of the body is unlawful, and seeing ordinary things is permitted. Deliberately looking at what is awra is forbidden except in necessity, such as treatment or testimony, and spouses may look at each other's bodies. Looking with desire at what is not awra is forbidden. A suitor may look at the woman he intends to marry, and it is sunna; repeated looks are allowed. A person who prayed with tayammum for lack of water and then sees water he can use before entering the prayer has his tayammum voided. A sale requires knowledge of the goods, and sight is the way to it; sight at the contract removes any option of sight, and earlier sight serves if the goods have not visibly changed. For uniform goods sight of a part suffices; for varied goods sight of what shows the purpose suffices. A witness testifies only to what he knows by sight or hearing; the Hanafis and Shafi'is require sight with hearing for statements, while the Malikis and Hanbalis accept hearing alone. Sight has effects: fasting is due on sighting the new moon of Ramadan, a seen wrong must be changed according to its degrees, and a seen defect after a sale gives the buyer a right of return.

• Sighting the crescent (ru'yat al-hilal): how the start and end of the lunar month are proved

  Sight is seeing with the eye or the heart; when it takes material things as its object it is by the eye. The crescent means the moon at the start of each lunar month; its sighting here is the seeing of it after sunset on the twenty-ninth of the previous month by someone whose report is accepted. The hadiths on seeking the crescent and completing the count of thirty days when it is hidden are the basis; the search is urged most on the thirtieth of Sha'ban, Ramadan and Dhu al-Qa'da, because fasting and the pilgrimage and both Eids depend on them. Sighting is proved by a mass report that rules out collusion, by two just witnesses, or, for Ramadan's start, by a single just witness according to the Hanafis, Shafi'is and Hanbalis; the Malikis do not accept a single witness. For other months most jurists require two just men. A crescent seen in daylight is disputed: whether it belongs to the night before or the coming night. Most jurists did not accept reckoning by astronomy to prove the month, read the phrase "estimate it" as completing thirty days, and the majority set aside differences of horizon, while the Hanafis and Shafi'is take them into account.

• Shighar (exchange marriage without a dower: its definition and the rulings of the four schools)

  Shighar was a marriage of the pre-Islamic period, in which a man gave his female dependent to another on condition that the other gave his own female dependent, with neither receiving a dower, each one's pudendum serving as the dower of the other. The four schools differ. The Hanafis hold the marriage valid, the condition void and the dower due at the level of a comparable dower. The Malikis annul the explicit form before and after consummation. The Shafi'is and Hanbalis void it in its basic form, with distinctions where a dower is named.

• The social condition of the Arabs before Islam

  al-Raheeq al-Makhtum's picture of Jahili society: the high standing of women among the nobility and the mixing of the other classes, the four Jahili forms of marriage in Aisha's report, unlimited polygamy, marrying two sisters and a father's widow, divorce in men's hands, widespread fornication, treatment of children from tenderness to burial alive, tribal asabiyya and the maxim 'help your brother, wronging or wronged', the disjointed relations between tribes, and the sacred months as their mercy; the author judges the social condition to have been at its lowest.

• Polygyny (ta'addud al-zawjat)

  Sheikh Omar Abdelkafy takes up polygyny through the story of a man who married two wives without knowing what burdens a husband, and describes the hardship between co-wives; his view is set apart from the Sunni position, which is not yet sourced.

• Polygyny in Islam

  Polygyny in the sharia is the permissibility of a man marrying more than one wife under conditions including justice between them; the Kuwaiti Fiqh Encyclopedia devotes sections to its rulings in the marriage chapters.

• Ta'addud (plurality in worship, expiation, marriage, divorce and the rest)

  Ta'addud is plurality. Its applications: several muezzins are lawful and recommended; repeating the congregation in a mosque after the quarter's imam is disliked by the Hanafis, Malikis and Shafiis, and lawful for the Hanbalis. More than one Friday prayer in a town is forbidden by the majority except by necessity, and lawful for the Hanafis. Repeating the fast's expiation by repeated intercourse is disputed. Marriage up to four is established by the Qur'an. Several judges in a town are lawful, but more than one imam is forbidden by the majority.

• Tacbir (expressing one's will: speech, deed, writing, gesture, silence)

  Tacbir is expression; the root of expressing will is speech, since consent is hidden in the heart, so the law attaches to the visible word, and the formula is a pillar of contracts. It may be by deed, as in exchange where the majority accept it and the Shafiis largely do not; by writing, which concludes contracts and makes a divorce when legible; by gesture for the dumb by agreement; and by silence for a grown virgin's consent, on the hadith «her consent is her silence». Laughter and weeping count with their signs.

• Ta'liq (conditional linking of clauses)

  Ta'liq links the occurrence of one clause to the occurrence of another, and is called an oath by metaphor. It differs from idafa in carrying uncertainty, and from shart in placing its particle on the act itself. The jurists list its particles (in, idha, mata, mata ma, man, ayy, mahma, kull and kullama, law, kayfa, haythu and ayna, anna), with the four schools differing on several. Its conditions are that the condition be uncertain, that it be something that can be known, that no gap separate condition from consequence, that it refer to the future, that it not be meant as mere retort, and that a link appear. Ta'liq of divorce on God's will is void. Hanafis and Malikis require only ownership in some form, while Shafiis and Hanbalis require that the one making the ta'liq have the power of immediate effect. Hanafis hold that ta'liq prevents both the cause and the ruling from taking effect; Shafiis hold it prevents only the ruling. Some acts accept ta'liq (the ila', the hajj, khul' from the husband's side, divorce, zihar, manumission, writing for manumission, vows and appointments to office), while others do not (hire, acknowledgement, faith, sale, return to the wife, marriage, endowment and agency), with a principle that pure transfer of ownership rejects it and pure release accepts it.

• Ta'rid (allusion in speech: a veiled proposal in the waiting period, a charge of slander, protection of a Muslim from his pursuer, and a judge's allusion to retraction)

  Ta'rid is allusion, the opposite of plain statement: speech that may carry the intended sense or another. A veiled proposal to a widow in her waiting period is lawful by agreement; to one divorced irrevocably the Malikis, the more known Shafii view and one Hanbali view allow it, while the Hanafis forbid it. Allusion to slander is punished by the hadd for the Malikis if the context shows it, by discipline only for the Hanafis, and for the Shafiis is slander only if meant and the words can bear it. One may allude to kill a seeker who would take a Muslim back to unbelief. The judge may allude to a confessor to retract, in the sounder Shafii view, and it is recommended by the Hanafis and Hanbalis.

• Ta'ziya (condolence visit)

  Ta'ziya is, in language, the consoling of a mourner, and in law the urging of patience with the promise of reward, the warning against wrongdoing, a prayer for the dead person's forgiveness and for the mourner's relief. The jurists agree it is recommended for anyone stricken by a loss. Mourners of every age and sex are consoled, except an infant who does not understand; a young woman is consoled only by women or her unmarriageable kin, for fear of temptation. Most jurists fix its period at three days and prefer it after the burial; the Shafiis and Hanbalis dislike mourners gathering to receive visitors, and sitting for it in a mosque is disliked by all. Neighbours are recommended to send food to the bereaved family, while the family preparing food for visitors is disliked. Formulas are not fixed; the book cites a short prayer for mercy and reward reported from Ahmad. Condoling a Muslim with a non-Muslim is allowed by al-Shafii and one view of Abu Hanifa, and forbidden by Malik.

• Tadbir (manumission effective after death)

  Tadbir is freeing a slave to take effect after his master's death; it is a form of manumission and an act of piety. Most scholars hold that the freedman comes from a third of the estate after death. The schools differ on its effects: the Hanafis and Malikis do not sell the tadbir slave; the Shafi'is allow sale, and a later sale is allowed for debt. Killing the master and debts that consume the estate void it.

• Takhannuth (effeminacy in a man)

  Takhannuth is the swaying and softening of a man's speech, walk and dress in the manner of women. Deliberate effeminacy is forbidden, and a narration has the Prophet cursing men who imitate women; it draws a ta'zir penalty. The rulings differ between the naturally effeminate and the one who does it on purpose: a naturally effeminate man who cannot give it up is not blamed and may lead prayer by most jurists, while one who does it deliberately is counted a sinner, and his imamate is disputed.

• Takhyir (choice left to the obligated person)

  Takhyir is leaving to the obligated person's choice one of several options fixed by the law. It has its own rules in many places: the choice of the time for prayer within its broad window, the collector's choice of zakat type, the choice of ransom for a violation of ihram, the expiation for hunting in the sacred precinct and for an oath, the choice of a husband who converts with more than four wives, a child's choice in custody, the imam's choice over captives and the penalty for brigandage, the finder's choice over a lost item, and the victim's choice among retaliation, blood-money and pardon.

• Divorce (talaq)

  In his commentary on al-Baqara 2:228-232, Sha'rawi reads divorce in stages, once and then twice, as giving the couple room to mend; he holds that returning to a wife after the waiting period needs a new contract and a new dower and the woman's consent, and that relatives may not block the return when the spouses agree.

• Tarahhum (invoking mercy upon the dead and the righteous)

  Tarahhum is asking for mercy and invoking it. Jurists recommend it for parents, living or dead, and for the righteous. The sources differ on invoking mercy upon the Prophet inside and outside prayer, on the formula for the Companions and for those who came after them, on greeting among Muslims, and on invoking mercy upon unbelievers, which is forbidden after their death.

• Tarakhi (delay in performing a duty)

  Tarakhi is performing an act later than its first possible time, up to the point where it may be lost; its opposite is fawr, prompt performance. Usulis differ over a bare command: whether it requires prompt performance, delay, or neither. Jurists apply delay in the return of usurped goods, in gifts, in pre-emption, in bequests, in marriage and in defect options.

• Tarika (the estate of a deceased person)

  The estate is what a deceased person leaves of property and rights; for the Hanafis it is property alone. It passes to the heirs on the owner's death, and the rights attached to it are paid in order: the burial, the debts, the bequest, and then the division among heirs. The schools differ on its passing when debts take the whole estate, on the dying man's gifts and on undoing a division.

• Tarjil (combing and dressing the hair)

  Tarjil is combing, cleaning and dressing the hair; the rule is recommendation. It is allowed to one in seclusion; for the muhrim the Shafi'is call it disliked; a widow in mourning may comb with something without perfume (the majority allow it, the Hanafis forbid it); starting from the right is recommended, and doing it every other day rather than daily is the sunna.

• Tarmim (repair of endowed property, rented property and pledged property)

  Tarmim is repair. It arises for endowed property, rented property and pledged property. For an endowment the Hanafis, Malikis and Shafi'is repair from its income; the Hanbalis follow the founder's stipulation. In a lease the landlord repairs the building according to the Hanafis, Shafi'is and Hanbalis. In a pledge the pledgor pays for keeping the pledge, and the pledgee pays for guarding it.

• Tarshid (release from guardianship after proof of sound judgement)

  Tarshid is lifting restraint from a minor after testing him. Sound judgement means soundness in property for the Hanafis, Malikis and Hanbalis, and soundness in religion and property for the Shafi'is. A minor may be tested in trade, the time of the test is disputed, and the test is obligatory for the Shafi'is and Hanbalis. The rule varies by guardian, sex and case, and no particular words are required except in Maliki usage.

• Tasadduq (mutual attestation of a claim)

  Tasadduq is two parties, or the claimant and the party claimed against, confirming each other's word; it is the opposite of contradicting. It binds when it concerns human rights or rights of God that doubts do not avert; for rights of God that doubts avert, such as the hadd penalties, it counts only with proof. It is valid from a sane, free adult, by word, sign, writing or silence, and the one confirmed must be entitled. Marriage is not proved by mutual confirmation for non-Malikis, since witnesses are required; the waiting period is a right of God and not dropped by confirmation; a wife's confirmation of her husband's claim to poverty stands in place of proof. Retracting a confirmation is not accepted for human rights, but a confession to a hadd may be retracted.

• Taslif (advance payment; loan)

  In the lexicon, taslif means advancing something; one says he advanced to him, and that he borrowed from him. In dealings the word salaf names a loan, and a kind of sale in which the price is paid at once while the goods, fixed by description, are delivered at a known term; the majority call this salam. The Kuwaiti encyclopedia says the salaf is lawful by the Book, the Sunna and consensus, and that the jurists made the salam an exception to the ban on selling what does not yet exist, for the ease of farmers and traders. A loan is agreed by the Muslims to be recommended.

• Tasamu (testimony by repute and hearsay)

  Tasamu is knowledge gained by repeated report or wide repute. Testimony by repute is allowed by agreement in six matters: freeing, descent, death, marriage, patronage and endowment. Each school adds to this list: the Hanafis the dower, consummation and the appointment of a judge; the Malikis many more; the Shafi'is ownership; the Hanbalis absolute ownership, birth, divorce, khul, the endowment and its purpose. The Hanafis require the report to come from people who could not agree on a lie.

• Tasarri (lawful relations with an owned slave woman, and its rules)

  Tasarri is a master's lawful relations with a woman he owns, and it is allowed by the Qur'an, the Sunna and agreement, subject to conditions: ownership, a woman who is a Muslim or a People of the Book, and no bar of kinship or marriage. Its rules cover the waiting period, the bars by marriage and kinship, the descent of the child, and the joining of two sisters in ownership. The schools differ on the descent of a child born of such relations.

• Tasarruf (a legal disposition: act or statement by one's will)

  A tasarruf is what proceeds from a person by his will and on which the law builds various rulings. It is wider than an obligation or a contract. It is either an act, such as seizure or receiving, or a statement; a statement is either a contract, which needs the will of two parties, such as sale, hire or marriage, or a non-contractual statement: some carry a creating will, such as an endowment or a divorce, and some are pure, such as a claim or an acknowledgement. Worship, exchanges, gifts, restrictions, obligations, waivers, authorities, proofs and wrongs all fall under it; the conditions of its validity are given in the entries for each kind.

• Tasbil (dedicating a thing's benefit to a good cause, an endowment term)

  Tasbil is making a thing a way to a good cause; it is also used for endowment. For the Shafi'is and Hanbalis the word is explicit for an endowment; the Hanafis need an intention; the Malikis hold that making a thing a way of good implies giving its substance in alms unless a sign shows that the endowment of the thing or its use is meant. It is a recommended act of nearness to God by agreement.

• Tasfiya (settling a deceased person's estate and debts)

  Tasfiya is the whole of the work whose aim is to list the dead person's rights and obligations and to pay the claims on the estate to those who hold them, creditors, legatees and heirs. It is a modern term used by lawyers; the jurists did not treat it under this heading, but they set out the rights of the estate, of minors, of creditors and of legatees in the entries on the estate, inheritance and bequest.

• Tashawwuf (the lawgiver's concern for a right; adornment in waiting and courtship)

  Tashawwuf is longing or looking out, and in jurisprudence it covers several things: the lawgiver's concern to establish descent, so rare cases are admitted to attach a child to a father; his concern for manumission, an act of devotion that any sane Muslim may perform; the revocable divorcee may adorn herself in her waiting period, by the Hanafi, Maliki and Hanbali view, while the Shafiis recommend mourning for her; adornment is forbidden to a widow by consensus, and disputed for a woman divorced irrevocably; a woman fit for marriage may not adorn herself to be seen by suitors, while a suitor may look at her, the majority allowing only the face and hands and the Hanbalis what shows at work.

• Tashbih (comparison in legal speech: zihar, slander, abuse)

  The ruling on tashbih depends on where it is used. Likening one's wife, or a common part of her, to a woman forbidden to him for ever is zihar: forbidden by the text, with intercourse forbidden before expiation by consensus and, for most jurists, any sensual contact short of intercourse. In slander, an explicit accusation of adultery is slander that carries the hadd penalty; an allusive one is slander for Malik, but not for Abu Hanifa and al-Shafii unless the slanderer meant slander. It is not lawful to liken a fellow Muslim to something he dislikes; the abuser is punished with ta'zir, and most jurists punish likening a person to base animals.

• Tashih (correction and validation: of a hadith, a contract, an act of worship, and inheritance shares)

  Tashih means removing an error. For the hadith scholars it is ruling a hadith sound once its conditions are met; for the experts in inheritance it removes fractions between shares and heads; for the jurists it is removing what spoils a worship or a contract. Correcting a defect is a duty once known. On hadith the conditions are disputed, and a scholar's practice in line with a hadith is not a ruling that it is sound. A defective contract is not made valid by removing its defect, according to the non-Hanafi jurists; the Hanafis hold that a weak defect may be removed while a void one may not. A worship spoiled in the course of it can be corrected by removing the fault quickly, as when a worshipper's judgement of the qibla changes or a garment slips or an impurity falls on him. Inheritance shares are corrected by multiplication according to the agreement, overlap and separateness of the numbers of heads.

• Tashrik (associating another in a sale, an act of worship or a divorce)

  Tashrik is bringing another into an affair so that he becomes a partner in it, as when a buyer takes a partner in a purchase. Taking a partner in a sale is lawful by consensus; mixing a purpose that needs no intention into an act of worship is lawful, as trade with the pilgrimage; combining two worships where one falls within the other, as the Friday and the major-impurity washing, is lawful; combining two independent acts of worship under one intention is not. In a divorce addressed to four wives at once, a single pronouncement of one talaq falls on each.

• Tasmiya (naming: giving a name to a child, and the rules on names)

  Tasmiya in the language comes from height or from a mark. The jurists use it in four senses: saying «in the name of God», giving a proper name to a child or to anything else, fixing the consideration in contracts, and identifying by name as against leaving a thing vague. The father has the better right to name a child, and if the parents differ the father's choice is preferred. The schools differ on the time: the Malikis hold that a child is named on the seventh day after the aqiqa sacrifice, and a child whose guardian cannot afford the aqiqa may be named at any time; the Shafi'is recommend the seventh day; the Hanbalis report two views. For a stillborn child, Abu Hanifa's view is that he is not named, the Malikis agree, the Shafi'is say his naming is not to be omitted, and the Hanbalis say he may be given a name fit for either sex. A child who dies after birth and before he is named is named. Names built on the divine names are recommended, and the most beloved to God are Abdullah and Abd al-Rahman. Naming after prophets is allowed according to most jurists. Names that people think ill-omened, such as Rabah, Yasar, Najah and Aflah, are disliked, and names that people shrink from, such as Harb and Murra, are disliked too. The names of God that belong to Him alone are forbidden, and so is every name built on a servitude to anything other than God, such as Abd al-Uzza or Abd al-Ka'ba. Changing a name is allowed and changing an ugly name to a good one is recommended. Naming tools, mounts and garments, and naming stars after Arabic words, is permitted; renaming a forbidden drink to escape its ruling does not lift the prohibition.

• Tasweed (making black or making a sayyid: honouring with the title sayyid, and dyeing or dressing in black)

  Tasweed has two senses that the jurists treat: the first is honouring someone with the title sayyid, and the second is dyeing with black, the opposite of white. Under sovereignty they discuss the title for the Prophet in prayer and outside it, for others, for the hypocrite, and whether sayyid may be said of anyone but God. Under black they discuss dyeing with it, wearing it in mourning, condolence and dress, and blackening the face in discretionary punishment. Most schools dislike dyeing with black except in jihad and differ on the detail; the Shafi'is hold it forbidden.

• Taswiya (equality and levelling: rows, bowing, zakat shares, wives, judges, gifts, shuf'a, public places, graves)

  Taswiya means justice and fairness in the language; its opposite is injustice. In the jurists' use it means equality in many matters: levelling the rows and the back in bowing in prayer, equal shares among the eight categories in zakat, equal turns among wives, equal treatment of two litigants before the judge, equal gifts among children, equal shares among those entitled to pre-emption, equal use of public places, and levelling the grave. Equal turns among wives and equal treatment of litigants are required by agreement; the other matters range between obligation and recommendation according to the school. On equal gifts to children, the Hanbalis hold it obligatory and the majority hold it recommended.

• Tazayyun (adornment, and its rules)

  Tazayyun is taking adornment. The rule is recommendation. It is forbidden for a man or woman to imitate the other, for a man to wear gold or silk, and to decorate mosques with endowed funds, and it is obligatory for a wife to adorn herself for her husband when he asks. The widow in her waiting period may not adorn herself, and bodily alterations that change God's creation, such as tattooing and plucking, are forbidden.

• Tazwij (contracting a marriage, and who may contract it)

  Tazwij is a contract that gives a man enjoyment of a woman and makes lawful her enjoyment by him in a lawful way. Its ruling varies with the person: obligatory, forbidden, disliked, recommended or permitted. A free, adult, sound-minded man may contract his own marriage; a minor or a madman is contracted by his guardian by compulsion. On a woman contracting her own marriage the jurists differ: most require a guardian, while the Hanafis let an adult sane woman contract for herself.

• Sister (full, paternal and maternal) in law

  A sister is one born to the same mother and father or one of them, and includes full, paternal, maternal and milk sisters; she is a prohibited kinswoman for keeping ties, marriage, maintenance and blood-money; in inheritance she is blocked by what blocks a brother; the full and paternal sisters inherit by fixed share or agnation, the maternal sister by fixed share only; in custody she precedes the brother and follows the mother, and follows the father in schools other than the Hanafis..

• Conception and its effect on lineage and on a revocable divorce (ulluq)

  In the lexicon, ulluq means clinging and lodging, and in the jurists' usage it is the occurrence of conception, by intercourse or by emission through intercourse or a dream. Conception within a marriage bed establishes lineage: when a man, able to father children, has intercourse with his wife with no one else sharing it and she bears a child within the period of gestation, the child is attributed to him by agreement. A woman under a revocable divorce is attributed the child she conceived even if the birth comes more than two years later, since her cleanliness and conception may have been delayed, and intercourse during the waiting period restores the marriage; birth is evidence of the return. Conception also affects bequests to an unborn child and inheritance, where the share is held until the birth.

• The 'Umariyya cases of inheritance (the mother's third)

  'Umariyya is the name of two cases in the law of inheritance, a husband with both parents or a wife with both parents, named after 'Umar ibn al-Khattab, who was the first to decide them. The mother takes a third where the deceased has no child or grandchild and the parents alone inherit, and a sixth where there is a child or two or more siblings. 'Umar and the majority held that in the 'umariyya the mother takes a third of what remains after the spouse's share; so with a husband the estate is counted as six shares, the husband taking three, the mother one and the father two, and with a wife twelve shares. Ibn 'Abbas, Abu Bakr al-Asamm and Zayd ibn Thabit differed in their reasoning.

• Umm (the mother: her rights, status and rulings in fiqh)

  Honouring the parents is obligatory for a Muslim, even if they are sinful or unbelievers; the mother takes precedence, following the hadith 'your mother, then your mother, then your mother, then your father'. Marriage to a mother by blood or by milk is forbidden by consensus. Maintenance is due to parents with no earnings or property; custody goes first to a Muslim mother; the mother has three inheritance cases, a sixth, a third, and a third of the remainder in the two named cases. A parent is not retaliated against for killing a child, a mother is not cut off for stealing her child's property, and most jurists do not accept one's testimony for the other.

• Umm al-armal (a named inheritance case)

  Umm al-armal is one of the named cases in inheritance: two grandmothers, three wives, four uterine sisters, and eight full or consanguine sisters. It is called the seventeen case because its shares total seventeen. It starts at twelve and rises to seventeen.

• Umm al-furukh (a named inheritance case)

  Umm al-furukh is a named case in inheritance with a husband, a mother, two full or paternal sisters, and two or more uterine siblings; it is named for the many shares that rise in it. It is also called al-balja' and al-shuraihiyya; some say the name fits any case that rises to ten. Its base is six, rising to ten by the majority view.

• The life-grant (umra): a gift of a thing for the lifetime of a person

  In the lexicon, umra is what a man is given for the length of his life, or the lifetime of the grantor. For the Hanafis it is the owner's making a thing that he owns the possession of another for the life of one of the two; for the Malikis and Shafi'is it is the owner's giving of something he owns to a person for the life of the grantee. It differs from loan of use, the gift of a palm's fruit, the gift of milk, and the ruqba (mutual life-grant). It is permitted in general on the report of Jabir, and it is a form of gift that needs offer and taking possession. The jurists differ on whether it transfers ownership or use: the Hanafis, Shafi'is and Hanbalis hold that it transfers ownership at once, while the Malikis hold it transfers the use. The Shafi'is distinguish its forms: if the owner says 'I give you this for your life, and when you die it goes to your heirs', it is a gift with ownership passing to the heirs, and the newer Shafi'i view treats a bare grant for life as a gift.

• Sterility (uqm) and its effect on marriage

  In the lexicon, uqm is a dryness that prevents conception; a woman who cannot conceive is barren, and the word is used of a man who cannot father children. The jurists recommend that a man marrying choose a fertile virgin, since the law encourages offspring and forbids what blocks them; a report discourages marrying a barren woman. The majority hold that sterility is not a defect that dissolves a marriage; al-Hasan alone gives the option of withdrawal at the start of the marriage, and the majority do not require a spouse who knows of his or her sterility to disclose it before the contract. Full blood-money is due for injuring the power to conceive or to impregnate, and cutting off offspring by medicine is forbidden.

• Dower for intercourse without a valid contract (uqr)

  In the lexicon, uqr is the dower, especially the dower given to a woman forced or taken as a slave-woman; it is also the dower of a woman who is had by mistake. As a term it is the dower of the usual kind for a free woman and, for a slave-woman, a tenth of her value if she was a virgin or half of it if she was not. Ajr is wider and covers the price of benefits generally, while uqr is used only of benefit from the woman's body. The dower is due in a valid marriage on the contract and consummation, and in a void marriage on consummation; it is due also for intercourse under a mistake, and the jurists differ on whether the stipulated dower or the customary dower is due.

• Disobedience to parents (uquq al-walidayn)

  Disobedience to parents, the opposite of honouring them, as Sheikh Omar Abdelkafy presents it: its forms of anger, contempt and harm, and its consequences in the Hereafter.

• Consummation required for a return to a divorced wife (usayla)

  In the lexicon, usayla means a drop of semen, a man's water, or the sweetness of intercourse; the term is a euphemism for intercourse. The jurists agree that a woman divorced three times may not return to her former husband until she has married another man and he has separated from her, and that the second marriage must include consummation. The least that suffices is the penetration of the glans with an erection; al-Hasan al-Basri also required emission, but the rest of the jurists disagreed. Sa'id ibn al-Musayyab dissented on the requirement of consummation and, according to Ibn Abidin, later returned to the majority view. Details are treated under «tahlil».

• Waʾd (Infant Burial)

  Waʾd: burying infant girls alive out of fear of poverty or disgrace — Islam abolished it and classed it among the gravest sins.

• Wada' (farewell: taking leave of the traveller, and the rites of departure)

  Wada' is the verbal noun of taking leave; the one who departs is the one who is taken leave of, since he is the one parting. A traveller is advised to take leave of his family, brethren and friends and ask their prayers, and the one who sees him off says: 'I entrust you to God, who does not lose what is entrusted to Him'; Ibn Umar reported the words 'may God keep your faith, your trust and the last of your deeds'. It is recommended to pray two rak'as before leaving, and to pray for those who go out to fight in God's way. The Hanafis forbid a man kissing the mouth of another man; a Shafi'i view recommends kissing a returning traveller of the same sex. The pilgrim takes leave of the House by the farewell circuit (tawaf al-wada').

• Wadima (funeral food)

  Wadima, lexically, is the food of a funeral gathering, the food made at a calamity, gathered pasture, and a visit in which a few people come down on a people and are treated well and honoured. For the jurists it is the food made at a calamity. Related words: khurs, the food at a birth or for a woman after childbirth, and hadhdhaq, the feast at a boy's completion of the Qur'an. All three are feasts; wadima is at a calamity and death, khurs at the joy of a birth, and hadhdhaq at the memorising of the Qur'an. Ruling on making a wadima when the family of the dead makes it: the Hanafis, Malikis, Shafi'is and Hanbalis dislike it, since it adds to their grief, distracts them, imitates the custom of the pre-Islamic age, and food is not made for sorrow. Jarir ibn Abd Allah is reported to have said that gathering to the family of the dead and making food was counted as wailing. A Hanafi view allows the family to make food, citing the account of a man of the Ansar who, after a burial, received a meal from a woman, which the book says al-Nawawi graded as sound in its chain. The Malikis: food for the recitation of the Qur'an or similar good for the dead is acceptable; otherwise disliked; if the dead person bequeathed it, it comes from the third and must be carried out. The Shafi'is forbid it if it is taken from the estate when the dead man has debts or heirs are minors, absent or under restraint. The Hanbalis add that where mourners are guests who come from far away, making food for them is not disliked, since it may be needed. Food from people other than the family: the jurists agree that it is recommended for the neighbours and distant relatives of the dead to prepare food for the family, enough for a day and a night, citing the saying to make food for the family of Ja'far, since it is righteousness and kindness. The Hanbalis urge the family to eat; the Shafi'is add that pressing them is acceptable where it is known that they will be pleased. The Malikis and Shafi'is hold that if the family gathers for forbidden acts such as lamenting, wailing or striking the face, the gathering is not lawful; the text continues beyond p.17481. The Malikis and Shafi'is hold that it is not recommended to make food for a family that gathers for forbidden acts such as the excessive lament, striking and wailing, and to send food to them is forbidden, since they are sinners. Answering the invitation to a wadima: the Hanafis hold it recommended; the Shafi'is, Hanbalis and Malikis hold it disliked; Ibn Rushd of the Malikis holds it permitted. Eating from the wadima food: the Hanafis say there is no harm in eating it. The Malikis say that no one should eat from food the family makes and invites people to, unless the one who made it is an adult heir of sound judgement. The Hanbalis say it is disliked for those who are not guests to eat it, and forbidden where the food is taken from the estate while one of its heirs is under restraint, or from another's property without permission. Slaughter at the grave and carrying food to it: the Hanafis, Malikis, the Shafi'is (as al-Haytami favoured) and the Hanbalis count it a disliked innovation, as a pre-Islamic practice, against the saying 'there is no slaughter in Islam', and because it invites show. Ibn Taymiyya holds slaughter at a grave forbidden, and a vow to do it is not to be kept. The Hanbalis call placing food or drink on a grave to be taken by people reprehensible, and forbidden where the estate includes a restrained or absent heir.

• Waiver of the dower

  On the phrase 'or the one in whose hand is the marriage knot,' Sha'rawi holds that the dower is the woman's right and that the one meant is the husband, not her guardian. He answers those who took it to be the guardian, whom he reports without naming them on this page.

• Child of li'an (walad al-li'an, fiqh)

  The child of li'an is the child whose lineage the husband denied after mutual cursing with his wife. Through li'an the lineage from the father is cut, inheritance and maintenance are barred, and the husband's later acknowledgement restores lineage. Rulings follow on testimony, zakat, retaliation and marriage.

• Child of fornication (walad al-zina, fiqh)

  The child of fornication is the child a mother bears out of unlawful intercourse, not marriage. His lineage is established from his mother, and by the majority it is cut from the fornicator. Rulings follow on his religion, call to prayer, leading prayer, zakat, prohibitions of marriage, equality in marriage, foster-suckling, inheritance, judgeship, testimony, slander and retaliation.

• Walima (wedding feast, fiqh)

  Walima, from walm (gathering), is the feast of a wedding or betrothal, and technically any food made for a happy event. The rulings on the wedding feast cover whether it is a sunna or an obligation, whether it is enforced, the purpose of announcing the marriage, accepting the invitation, and eating by a fasting or non-fasting guest.

• Wasiyya (bequest, fiqh)

  In the lexicon wasiyya comes from joining one thing to another and can also name the thing bequeathed. Technically a bequest of property is a gift made by way of kindness and attached to the time after death, whether of things or of benefits. Related terms are the commission (ايصاء), the executorship (wisaya), the gift, which is in life and without return, and alms, which is in life to one in need seeking reward. The bequest is lawful by the Qur'an, the Sunna and consensus. The Qur'an places the bequest and the debt before inheritance, and the sunna places the debt before the bequest; a report from Sa'd ibn Abi Waqqas holds a third to be much, and that leaving heirs rich is better than leaving them in need. A report from Mu'adh says God gives charity of a third at death as an increase in good deeds, and a report from Ibn Umar says a Muslim who has a bequest should not spend two nights without it written by him. Its purpose is to gain remembrance and reward, to give to relatives who do not inherit and to help the needy, on condition that no one is harmed, that it stays within a third, and that it is not valid for an heir without the consent of the other heirs, to prevent hatred. Most jurists hold that a bequest of part of the property is not obligatory but recommended for one who leaves good; the obligation was abrogated for heirs by the report that there is no bequest to an heir, and recommendation remains for non-heirs. A bequest of less than a third is preferred; the Hanbalis say a fifth is better for the rich; Ibn Abbas and others preferred a quarter. Where heirs are poor the bequest is reduced, and a poor man with needy heirs is not advised to bequeath, in the Hanafi and Hanbali views. Some early authorities, such as al-Zuhri, Masruq and Tawus, held the bequest obligatory for relatives who do not inherit, relying on the verse on bequests and the report of Ibn Umar. The pillars of the bequest are, for the majority, four: the formula, the testator, the legatee and the thing bequeathed. For the Hanafis the pillar is offer and acceptance according to Abu Hanifa and his two companions, and offer alone according to Zufar. The formula is any word showing transfer after death. The majority accept a bequest in writing; the Shafi'is treat writing as an allusion requiring intention, and the Hanbalis require the testator's hand to be proven. A sign from one able to speak is not valid in the majority view, and the Malikis allow it. Acceptance may be by conduct, where the legatee deals with the thing as its owner, by sale, gift or lease. If the legatee dies after the testator without accepting, the Hanafis hold the thing passes to his heirs; the Malikis, Hanbalis and a Shafi'i view require acceptance for a named person, not mere silence, and if he dies before the testator the bequest lapses. All agree that refusal after the testator's death voids the bequest; acceptance or refusal before his death counts for nothing according to the majority. Acceptance and refusal need not come at once after death; the Shafi'is and Hanbalis let the heirs require the legatee to decide. On retracting an acceptance there are three views: the majority forbid it; some Shafi'is and Hanbalis allow it before possession; a third allows it for measured goods before possession. A partial acceptance is disputed in the Shafi'i school; Zakariyya al-Ansari prefers invalidity. A named legatee of full capacity accepts or refuses for himself; an unnamed group such as the poor or the mosques needs neither; a ward accepts through his guardian for his interest. If a named legatee dies after the testator without accepting, the Hanafis except Zufar hold the bequest valid by preference; Zufar and a Hanbali view make it the heirs' property and void it; the majority let his heirs stand in his place. A bequest may be made conditional or dated to the future: the Hanafis and Shafi'is allow it; the Malikis void it when the testator says if I die of this illness and does not die of it; the Hanbalis allow a condition expected to occur after death. A bequest is not binding; the testator may revoke all or part of it, in health or in sickness, as Umar is reported to have said that a man may change what he wills. Revocation may be by word, or by conduct such as sale, gift, pledge, consumption, mixing, grinding grain, spinning cotton or building on the thing. The majority hold that denying the bequest is not a revocation. The testator must be sane; the Hanafis, Shafi'is and Hanbalis require puberty, while the Malikis and a Hanbali view allow a discerning minor in the matters where he is able. An insane person, the dazed and the unconscious are excluded. Freedom is required, so a slave's bequest is void; the bequest must be made freely, so one forced, joking or mistaken makes it void. The majority do not require the testator to be Muslim; the Shafi'is and Hanbalis accept a non-Muslim's bequest, including an apostate's on the Shafi'i view unless he dies as an apostate, while the Malikis void an apostate's bequest during the apostasy. For the Hanafis, a bequest by a non-Muslim enemy in enemy territory is valid if the thing is still there when they come under protection. The legatee must exist at the time of the bequest for the Hanafis, Shafi'is (preferred view) and Hanbalis; the Malikis and a Shafi'i and Hanbali view allow a bequest to one not yet born. The legatee must be capable of owning; a bequest to a dead person unknown to the testator is void, and the Malikis then direct it to the debts of the dead or his heirs. A bequest to a foetus is valid if it is born alive within the usual period: six months from the bequest where the mother has a husband or master; four years for the Shafi'is and Hanbalis otherwise; two years for the Hanafis. A bequest to one of two unnamed men is void according to Abu Hanifa, Zufar, the Malikis, Shafi'is and Hanbalis; Abu Yusuf holds it valid if they agree, and Muhammad leaves the choice to the heirs. A bequest to a group that cannot be counted, such as the poor, is valid; the Malikis do not require equal shares, the Shafi'is in the preferred view accept delivery to three, and the Hanbalis to one. Where the legatee is a group that cannot be counted, such as the tribes of Tamim and Aqil, the bequest is void according to the Hanafis and the less favoured Shafi'i view, because the legatee must be known; it is valid where they can be counted, and the meaning of counting is disputed. A bequest to an animal itself is void; a bequest for the fodder of a named person's animal is valid and spent on its feed, and the Shafi'is and Hanbalis differ on a bequest to a particular horse or a horse held for God. A bequest by a Muslim to a public work, such as building or repairing a mosque, is valid because it is an act of devotion; the Malikis, Shafi'is and Hanbalis allow it to a lawful public purpose. A Muslim's bequest to build a church is forbidden by the majority as an act of disobedience. On bequests by non-Muslims, the Hanafis divide: what is devotion for both sides is valid; what is devotion only for Muslims is void; what is devotion only for them Abu Hanifa allows and his two companions forbid. A bequest to God alone is spent on works of piety in the Shafi'i view and that of Muhammad, and his view is the one followed by the Hanafis. A bequest for the cause of God is spent on military expedition by the Shafi'is, Hanbalis and Abu Yusuf, and Muhammad and a Hanbali view add the pilgrimage. A bequest to works of piety goes, for the Hanbalis, to all acts of devotion beginning with the raid; for the Hanafis, to anything without transfer of ownership. If the testator says place my third where God shows you, the Hanbalis allow it to any act of devotion; the Shafi'is prefer his relatives who do not inherit, then his close kin by milk, then his neighbours. A bequest is void where the legatee killed the testator: the Hanafis, Hanbalis, a view of the Shafi'is and al-Thawri require that the legatee not be the killer, relying on the saying that a killer has no bequest, which al-Daraqutni weakened. The bar is a killing that carries retaliation, blood-money or expiation, even by mistake; the Hanafis require direct killing and an heir of the testator. The Malikis, the preferred Shafi'i view and a Hanbali report do not require this. For the Malikis, if the testator knew the cause of the killing the bequest is valid; if he did not know, there are two views, and al-Dusuqi prefers invalidity. The jurists require that the legatee not be an heir at the testator's death where another heir exists, on the saying that God has given each holder of a right his right, so there is no bequest to an heir unless the heirs consent. If some heirs consent and others do not, the bequest is valid for the share of those who consent, according to the majority; the Malikis and a Shafi'i and Hanbali view hold it void and require a fresh acceptance. Consent must come from a competent person and, for the majority, after the testator's death. For the Malikis, consent given in the testator's illness binds, if the illness is dangerous and he does not recover; the test of who is an heir is the moment of death, not the moment of the bequest. Terms about the legatee vary in meaning: a bequest to neighbours is, for Abu Hanifa, to adjoining houses; for the two companions, to adjoining houses and others in the quarter who share the mosque; for the Malikis, to adjoining houses on six sides and those across a lane; for the Shafi'is and Hanbalis, to forty houses on each side; the Hanbalis also count those who hear the call to prayer. A bequest to relatives: for Abu Hanifa, the nearest kin in order of closeness among blood relatives within marriage's bar, excluding parents and children; for the two companions, all who trace descent to the furthest ancestor who was Muslim; for the Malikis, the paternal kin not heirs; for the Shafi'is, all kin however distant, except ascendants and descendants in the preferred view; for the Hanbalis, descendants of four forefathers. A bequest to the nearest kin: the Shafi'is include ascendants and descendants; their preferred view puts a son, however distant, before a father, and a brother before a grandfather. The Hanbalis distinguish by full and half siblings. Bequests to in-laws, to relatives by marriage, to a household and to scholars have their own senses: for the Hanafis, in-laws are the blood relatives of one's wife and kin by marriage are the husbands of the forbidden kin; scholars, for the majority, are jurists and hadith specialists, to which the Shafi'is and Hanbalis add exegetes. A bequest to a non-Muslim is valid for a protected person; the Hanbalis require him to be named. It is valid for a protected foreigner according to the Hanafis, Shafi'is, Malikis and Hanbalis. For an enemy: the Shafi'is in the preferred view and the Hanbalis in the sound view allow it to a named enemy, while the Hanafis and Malikis in the school forbid it in enemy territory. For an apostate, the Hanafis, Malikis and a Hanbali face forbid it, and the Shafi'is and sound Hanbali view allow it to a named apostate. The fourth pillar, the thing bequeathed, must be property; it includes cash, goods, debts owed by others, rights measured in money, and benefits that may be sold, given or hired. Ibn Abi Layla and Ibn Shubruma forbid bequests of benefits. It must be of value in law: a bequest by or to a Muslim of wine, pork, a savage dog or a beast unfit for hunting is void; a Christian may bequeath what is of value in his belief; a trained dog or a beast fit for hunting may be bequeathed. Only property of value may be bequeathed; a bequest of a skin before tanning is valid for the Shafi'is, and a bequest of a gold or silver vessel is valid, since it may be used when not in use as an ornament or sold. Some jurists require that what is bequeathed be capable of transfer by contract after death: the Hanafis and a Shafi'i view require it; a bequest of a year's dates from palm trees is valid, and the Hanafis reject a bequest of what a flock will bear. The majority allow bequests of what does not yet exist, as in sale by salam and in tending orchards and leasing. A bequest of an unknown thing, such as one sheep from his flock, and of a thing one cannot deliver, such as a stray camel, is valid by agreement; a bequest of an undivided share or of a divided one is valid according to the majority. For the Hanafis the thing must exist at a time that depends on its kind: a named property at the bequest; a share of the whole estate, such as a third or a quarter, at the testator's death; a share of part of the estate at the bequest. The thing must belong to the testator: the Malikis, a Shafi'i view and the Hanbali school hold that a bequest of another's property is void even if he later owns it; the Hanafis, another Shafi'i view and a Hanbali view allow it as subject to the owner's consent. A bequest of a forbidden thing is void, since its purpose is to make up for good done in life. A bequest is not carried out for a sum that absorbs all the estate unless the creditors release it, according to the Hanafis and Shafi'is; the Malikis hold that a testator whose estate is wholly owed cannot bequeath. Where the testator has heirs, a bequest above the third is valid only with their consent, according to the majority; if they consent it stands, and if they refuse it falls. Where there are no heirs, the Hanafis let the bequest take the whole estate. On a bequest of a share of property: for Abu Hanifa and the Hanbali school the legatee takes a sixth where the division has fewer than six shares; other views fix it at the smallest heir's share, or a third, or a sixth. The Malikis distinguish according to whether the estate is subject to the 'awl. A bequest of a part or portion of property is, if not explained by the testator in his life, given by the heirs as they wish after death, according to the Hanafis, Shafi'is and Hanbalis. A bequest of a sheep covers the young or old, male or female, according to the context; the Hanbalis give what the name normally covers. A bequest of an animal is interpreted by custom as a horse, mule or donkey; a bequest of a dog that the testator does not own is void. A bequest of a drum of war is valid for one of them; a bequest of an instrument for amusement is valid if it can be used for a lawful purpose. A bequest of benefits is valid according to the majority, and its value is taken from the third; if it exceeds the third it is allowed only up to the third. For the Hanafis, the benefit returns to the owner of the thing when the legatee dies. A bequest of benefits for a set year is counted against the third by the loss of value of the thing during the period; where the benefit is shared between the legatee and the heirs it is divided by rent, by division of the thing if divisible, or by alternation of time or place. The bequest ends when the period ends before death, when the legatee gives up his right, and, in the Hanafi view, when he dies before taking it. Where the legatee of benefits is prevented from using the thing, the Hanafis make the one who prevents him pay the value of the benefit, whether one heir or all the heirs did it, and he cannot claim another period after the set time has passed. The Malikis make whoever destroys a benefit liable for it; the Shafi'is and Hanbalis hold that any right tied to a thing passes to its replacement, so if an animal whose benefit is bequeathed is killed, its value is used to buy what stands in its place. The Shafi'is say that if a house's benefit for a year is bequeathed and the testator lets it for that year and dies just after the lease, the bequest is void; if he dies after six months, it is void for the first half and the legatee takes the rest. The upkeep of a thing whose benefit is bequeathed falls on the benefit-holder for the Hanafis, Malikis and the Hanbali school, and on the owner of the thing for the Shafi'is in the preferred view. A bequest of the rights of easement that pass by inheritance, such as the right to water, to a drainage channel and to build upwards, is valid; a bequest that amounts to dividing the estate among the heirs has its own rules. A bequest to each heir of an undivided share is void for the Shafi'is, as the heir takes that by inheritance; a bequest to each heir of a particular thing needs the heirs' consent in the preferred Shafi'i view, because the aims differ. On when the thing passes: for the Hanbali school, a Maliki view and a Shafi'i view, a named legatee owns only by accepting after death, so the increase before acceptance belongs to the heirs; for the Hanafis and the preferred Maliki view, the increase after death belongs to the legatee; the preferred Shafi'i view holds ownership suspended until he accepts or refuses. Gifts bequeathed are carried out from the third left after the costs of shrouding and burial and the debts owed to people; for the Hanafis, debts owed to God such as pilgrimage, zakat, vows and expiation come from the third alone, and for the majority from the whole estate. For the Hanafis a bequest is void if the testator becomes permanently insane, whether it lasts until death or he recovers before death; permanent insanity is a month or more for Abu Yusuf and a year for Muhammad; a faint and a temporary insanity do not void it. A bequest is void where the testator is an insane person whose insanity is permanent; a person who becomes insane but recovers and bequeaths in his lucid time is valid, according to Ibn al-Najjar; the Shafi'is hold that an insanity that comes later does not void it. The apostasy of the testator voids his bequest for the Hanafis and Malikis; the Malikis add that if he returns to Islam, a written bequest stands and an unwritten one does not. The apostasy of the legatee does not void it for the Shafi'is and some Malikis; the Malikis in the school hold it void. A bequest is not binding, so the testator may revoke it whenever he likes, following Umar's words that a man may change what he wills; al-Sha'bi, Ibn Sirin, Ibn Shubruma and al-Nakha'i allow him to change anything but manumission. Revocation is either express, as in saying I revoke my bequest, which is agreed, or by act: a sale, gift, alms or endowment of the thing, or an act on it such as slaughtering the sheep, spinning cotton or weaving thread, or any act that changes its name, such as grinding grain or making a board into a door, which the Hanafis, Shafi'is and Hanbalis count as revocation; denying the bequest is not revocation for most jurists. A bequest is void when the legatee refuses it after the testator's death, when the legatee dies before the testator, by agreement, and, for the majority, when he dies after the testator without accepting; for the Hanafis the bequest stands. The killing of the testator by the legatee is disputed; a bequest is void when the thing bequeathed is specific and perishes before acceptance, or when it is shown to belong to another. A bequest to an heir is void unless the heirs consent, as explained earlier. The rule is that a bequest may not exceed a third of the estate where there is an heir; if the bequests exceed the third and the heirs do not consent, the legatees share the third in proportion to their bequests. For the Hanafis, when bequests are combined, God's rights are placed first: the obligatory acts of worship such as zakat and pilgrimage, then expiations, vows and zakat al-fitr, and voluntary acts; a bequest to people is not ranked unless by text, or unless it is manumission or a bequest of advantage. Where the legatees have equal claims, the third is shared equally in the Hanafi school; where one is bequeathed the whole estate and another a third, Abu Hanifa divides the third in two, while Abu Yusuf and Muhammad share it in four parts; Ibn Abidin accepts the imam's view. The Malikis rank some bequests above others when the third is too small: ransoming a captive, then the temporary manumission of a slave, then zakat, zakat al-fitr, expiation for zihar, homicide and oaths, then a vow; bequests in the same rank share. Where the bequests overflow the third and the heirs do not consent, the legatees share the third as creditors share a bankrupt's estate, and the Malikis give worked examples with a half, a third and a quarter. The Malikis include in such sharing the bequest to an unknown person together with a named one, giving the unknown a third in the calculation; Sahnun treats a bequest without a time limit as a third of the estate. For the Shafi'is, death-related gifts are apportioned from the third by value or amount, with no priority by sequence; manumission among them is apportioned by value, and a view gives it priority. For the Hanbalis the third is shared among the legatees in proportion to their bequests, and a report from Ahmad gives manumission first. Writing a bequest is recommended: begin with the basmala, praise, the testimony of faith, then call witnesses; the Companions are reported to write the basmala at the head of their wills. Proof of a bequest is by testimony and writing: the Hanafis and Shafi'is accept writing read to witnesses or acknowledged by the testator, and not bare handwriting; the Malikis accept the testator's hand with witnesses; the Hanbalis accept known handwriting proved by the heirs or evidence. When the estate is partly present and partly absent or in debts, the Hanafis and Hanbalis carry out the bequest from the present money up to the third; the Shafi'is hold the rest of a named thing in suspense until what is absent comes. Bequests may be by shares, by portions or both; one who bequeaths the equal of an heir's share gets, for most jurists, that share added to the case; the Malikis divide differently when the heirs consent, the Shafi'is and Hanbalis give the least heir's share where heirs differ. A bequest of the equal of one of the testator's sons is valid according to the Hanafis; if the son is not an heir, the majority give the legatee nothing, and the Malikis give the son's share if the testator said as if he were an heir. A bequest of a known fraction up to a third is computed by taking the fraction from the common base of the shares; if the remainder does not divide among the heirs, the heirs' base is multiplied by the base of the bequest or by a common factor, as the Malikis, Shafi'is and Hanbalis compute it, with three sons and a third as the example. For two or more fractions within the third, the bases are multiplied together to produce the base of both shares; the Malikis give an example with three sons and a sixth and a seventh, and the Shafi'is an example with two parents, an eighth and a fifth; the Hanbalis reduce the fractions to one common base. A bequest above the third that does not exhaust the estate needs the heirs' consent; if they consent the estate is divided by the shares, as in a half, a third and a quarter, where the base is twelve and the sum rises by one, which is agreed. When the heirs reject the excess over the third, the jurists differ on how the third is divided among the legatees. The Malikis, Shafi'is, Hanbalis, Abu Yusuf and Muhammad hold that the third is divided by the legatees' shares as though the heirs had consented, with two-thirds going to the heirs, and that it makes no difference whether a legacy exceeded the third. Abu Hanifa, Abu Thawr and Ibn al-Mundhir hold that the excess is void without consent, so a legatee of the excess counts only for the third, because a bequest of the excess was not valid and the preference carried inside it falls with it. Examples: a quarter and a half, rejected by the heirs, give three parts to the majority (two to the half-legatee, one to the quarter-legatee) and seven to Abu Hanifa (four and three). A third, a half and a quarter, rejected, give thirteen parts to the majority and eleven to Abu Hanifa. When the bequests exhaust the estate and the heirs consent, they behave like the fixed shares of 'awl, and each legatee takes a fixed part as if prescribed by God for an heir. If the heirs reject the excess, the majority divide the third among the legatees in proportion to their shares, while Abu Hanifa, Abu Thawr and Ibn al-Mundhir do not count a legatee above the third without consent. One example: all to Zayd and a third to Amr. With consent the division rises to four parts (three to Zayd, one to Amr); without consent the third is divided on four, and the base of the bequest is twelve by the majority view. The Hanafi figures for the case where the two sons do not consent (p.17343) are garbled in the scan, so they are not given here; the reading is doubtful and flagged. The third case is the combination of bequests of parts with bequests of shares. It has several forms: a bequest equal to an heir's share together with a fraction of the whole estate, a fraction of what remains after a share, and a share bequest with a part of the estate excepted. In the Hanafi example with two sons, one legatee gets a third and another an amount equal to one son's share; with both sons consenting the account runs from nine, so the third-legatee takes three and the rest is divided among the two sons and the share-legatee in thirds, giving each son two and the share-legatee two. If only one son consents, the account grows to a base of eighteen. The Shafi'is treat the share-legatee as one of the heirs when the bequest does not exceed the third; the Hanbalis have two views, the preferred one giving the share-legatee a third of the estate on consent, and the other giving him what a son receives. For a bequest of a part of what remains after a share, the Hanafi example of five sons gives a base of fifty-one: eight to the share-legatee, three to the legatee of a third of what remains, and eight to each son. The Maliki, Shafi'i and Hanbali examples on the next pages use unknown quantities and the method of correction; the figures are in the book's worked lines and are summarised here, not reproduced. A share bequest with an exception of part of the estate: the Hanbali example of one son and a bequest equal to his share except half the estate gives the legatee a quarter. For three sons and a bequest equal to one share except a seventh of the estate, the arithmetic is run on a base of sixty-three. The exception that accompanies shares and fractions comes in four kinds. First, a part of what remains after the share (five sons, base fifty-seven). Second, a part of what remains after the bequest (three sons, with the base of thirteen). Third, a part of what remains of a part after the bequest. Fourth, a part of what remains of a part of the estate after the share, with a base of thirty-nine for three sons. When the testator states an exception without saying whether it is after the share or after the bequest, there are two views. The first, which Ibn Qudama attributes to most jurists, reads it as after the share, because the share is what was named. The second reads it as after the bequest, which yields the larger exception and so the smaller legacy; the legacies are read on the surest minimum. This second view is that of most Shafi'is and is attributed by Ibn Qudama to Muhammad al-Shaybani and to the Basran jurists.

• Wat' (intercourse, fiqh)

  Wat', lexically, is standing over a thing; it is also used for intercourse, the insertion of a male member into a female's sexual organ until the two are as one. The technical sense does not depart from the lexical. Related words: nikah, whose root is joining and gathering, is used in the strict sense for the marriage contract and in a figurative sense for intercourse, or the reverse, as the lexicographers and jurists differ; liwat is intercourse with males, which falls under the wider wat'. First, wat' as intercourse. It is either lawful or forbidden. The lawful is intercourse with a wife or a concubine, which may be forbidden at times, such as during menstruation or post-natal bleeding, before a zihar is expiated, in ihram, while fasting or in i'tikaf. The forbidden is either of a kind that could be lawful in another case, such as intercourse with a woman who may be married to one, which carries the penalty of zina, or of a kind that can never be lawful, such as sodomy, anal intercourse with a wife or a non-wife, and bestiality. The causes that make intercourse lawful are the marriage contract and ownership of the right hand. Ownership of a female slave is lawful without a contract, because ownership of the person carries the use. The Qur'an alludes to this in the sura of al-Mu'minun (cited by sura only) without a verse being quoted here. The ruling: the majority of jurists hold that intercourse with a wife or concubine is in principle permitted, being a pleasure that the natural disposition calls for, with no obedience or disobedience in itself. It becomes recommended with a good intention, such as keeping oneself chaste from the unlawful, may become obligatory when it is the only means of chastity for oneself or one's household, and may be forbidden or disliked according to circumstances. Ibn al-Qayyim lists the purposes of intercourse: preserving the progeny, releasing the water that harms the body if it is retained, and the fulfilment of desire and pleasure; its benefits include lowering the gaze, restraining the self and securing chastity. The reward for lawful intercourse: the report of Abu Dharr that 'in the intimacy of one of you there is charity' is cited; the majority hold that a man is rewarded for intercourse with his wife when accompanied by a good intention, such as keeping himself or his wife from the unlawful, fulfilling her right in proper companionship, or seeking a righteous child. Where the man intends nothing but the fulfilment of his desire, the jurists differ: Ibn Qutayba holds he is rewarded in every case, while Ibn Hajar al-Haytami and others say there is no reward where no such intention exists. Intercourse and its rewards: a Muslim is rewarded for what he spends on his household if he seeks the reward of God in it; if this is so for obligatory spending, it is more so for lawful intercourse, as the book states. The courtesies and recommended acts of intercourse: it is recommended to begin with the basmala; to turn away from the qibla out of respect for it; to begin with play, embrace and kissing, so that the woman's desire rises; to take care to reach the satisfaction of both together; to cover oneself with a cloth; to lower the voice and speak little. It is disliked for a man to have intercourse where he can be seen or his sounds heard, and forbidden when the private parts are exposed. It is recommended for one who wishes to repeat intercourse to wash his private part and perform wudu', and ghusl is better; the book cites the report that the Prophet went round his wives with a single ghusl. Speaking about intercourse and disclosing its secrets: the jurists differ. The Hanafis, a Hanbali view which al-Mardawi prefers, and al-Nawawi hold that boasting of intercourse and disclosing what passes between spouses is forbidden, on the report of Abu Sa'id about the worst of people in rank before God and the saying that spreading (such talk) is forbidden. Ibn al-Qayyim, al-Haytami and others count it among the major sins. The school view of the Hanbalis is that the spouses' speaking of what passes between them is disliked, even to a co-wife. Impediments to lawful intercourse: there are nine. The jurists agree on six of them, namely menstruation, post-natal bleeding, i'tikaf, fasting, ihram and zihar before its expiation; they differ on three, namely istihada, failure to wash after the end of menstruation, and residence in the abode of war. First, menstruation: the jurists agree that intercourse with a menstruating woman in the vagina is forbidden, on the verse of sura al-Baqara (cited by sura only) and the saying that one may do everything except intercourse. Second, post-natal bleeding: the jurists agree that intercourse in the vagina is forbidden, and that its rules, including washing and expiation, are those of menstruation. Third, istihada: the jurists differ on whether intercourse with an irregularly bleeding woman is permitted. The majority of Hanafis, Shafi'is and Malikis, and one Hanbali report, permit it, a view reported by Ibn al-Mundhir from Ibn 'Abbas, Sa'id ibn al-Musayyab, al-Hasan, Ata and others, citing that she is pure of menstruation and the case of Hamna bint Jahsh, whose husband Talha had intercourse with her while she bled. Istihada, the second view, which some jurists hold: intercourse with an irregularly bleeding woman is forbidden, because the blood is blood of menstruation, and the cause of the prohibition, menstruation, is present in her, so the prohibition applies to her. Fourth, i'tikaf. The jurists agree that intercourse during i'tikaf is forbidden and invalidates it, by night or by day, if intentional, on the verse of sura al-Baqara on i'tikaf in the mosque (the detail under i'tikaf). Fifth, fasting. The jurists agree that intentional intercourse by a fasting person in Ramadan is forbidden, invalidates the fast and requires expiation, whether he ejaculates or not, on the report of Abu Hurayra of the man who had intercourse with his wife while fasting in Ramadan and was given dates to give in charity, which the book quotes. Sixth, ihram. The jurists agree that intercourse by a pilgrim in hajj or umra is forbidden, on the verse of sura al-Baqara, in which 'rafath' is explained as intercourse and the talk that accompanies it. An intercourse before standing at 'Arafat invalidates the pilgrimage, while after the first release it does not; the views differ on the period between standing at 'Arafat and the first release. Seventh, zihar. There is no dispute that intercourse with a woman on whom zihar has been pronounced is forbidden before expiation, on the verse of sura al-Mujadila and the report of Ibn 'Abbas of the man who had intercourse before expiating, whom the Prophet told to ask forgiveness and not to repeat it until he had expiated. Eighth, a Muslim's intercourse with his wife in the abode of war. The majority of Hanafis, Malikis and Shafi'is hold it disliked, fearing offspring there, since the Muslim is forbidden to settle in the abode of war, citing the saying of the Prophet that he is free of every Muslim who lives among the polytheists, which al-Bukhari judged to be a mursal report. The Hanbalis hold that a Muslim may not have intercourse with his wife in the abode of war except by necessity, and that when necessity arises he must practise withdrawal. (b) Forbidden intercourse: its kinds are adultery, sodomy, intercourse with a wife or a non-wife in the anus, with a dead woman, and with an animal. First, adultery is forbidden by the consensus of the jurists and is one of the greatest major sins, on the verse of sura al-Isra cited by sura and number. Second, sodomy: the jurists agree it is forbidden with the greatest severity and is a major sin; al-Mawardi calls it the most grievous of abominations and notes that no one in the worlds did it before the people of Lot. The penalty for sodomy: the jurists give six views, of which the book sets out the first four. The first, held by the Shafi'i and Hanbali school views, by Abu Yusuf, Muhammad, al-Thawri, al-Awza'i and Abu Thawr, is that the penalty for sodomy is that of adultery: a married offender is stoned and an unmarried one is flogged; they cite a report from Abu Musa that when a man comes to a man, both are adulterers, which al-Bayhaqi calls a rejected chain. The second, held by Abu Hanifa, Hammad ibn Abi Sulayman and al-Hakam, is that there is no hadd but discretionary punishment and imprisonment until death or repentance, and that a repeat offender is killed by the ruler at a second offence, married or not, as policy; the reason given is that the act is not the name of adultery. The third, held by the Malikis, is that the penalty is stoning in every case, for the active and passive partner, married or not, citing the general wording of the hadith on killing both partners. The fourth, held by al-Shafi'i in one view and by Ishaq ibn Rahawayh, is that the offender is killed by the sword like an apostate, married or not, a view attributed by the book to a number of Companions and Successors. The fifth and sixth views are not yet read at this point of the scan. Intercourse with a wife or a female slave in the anus: the book reports this view from several Companions and Successors; al-Mawardi says it is the position of the Companions, most Successors and jurists. Several jurists, Ibn al-Nahhas, al-Haytami and Ibn al-Qayyim among them, state that it is among the major sins. The jurists hold that there is no hadd for it, because a wife or slave is in some sense a place of enjoyment, which creates a doubt that averts the hadd; the majority hold that discretionary punishment (ta'zir) is due, as the Hanafis, Malikis and Hanbalis state, and the Shafi'is hold that it is due if repeated. The jurists cite hadiths on the subject, referenced in the book's notes, the reasoning that the anus is not a place made for intercourse, that it is a constant harm, and that it denies the wife her right to enjoyment. Views the book attributes to Ibn 'Umar in one report, Zayd ibn Aslam, Nafi' in one report, some Shafi'is, and Malik in one view, permit it. The scholars replied that the verse's word 'anna' means 'from where', that the explanation by Muhammad ibn Ka'b al-Qurazi is rejected, and that the reports of Ibn 'Umar, Nafi' and Malik denying the permission are the sounder ones; the book records the views without adding its own ruling. Fourth, intercourse with a non-wife in the anus: there is no dispute that it is forbidden and a major sin. There are four views on its penalty: the first, of the Malikis, Hanbalis, Shafi'is in the school view and the two companions of Abu Hanifa, is the hadd for adultery; the second, of Abu Hanifa and one Shafi'i view, is that there is no hadd but discretionary punishment; the third, of the Maliki judge Abu al-Hasan, equates it with sodomy, and Ibn 'Aqil says the hadd of sodomy applies; the fourth, of some Shafi'is, is death by the sword as a hadd. Fifth, intercourse with a dead woman: there is no dispute that it is forbidden, and al-Haytami counts it among the major sins. There are two views on the penalty: the first, of the Hanafis, the sounder Shafi'i view and the Hanbali preferred view, that there is no hadd and only discretionary punishment; the second, of the Malikis in the better-known view, the Shafi'is in a view against the sounder, some Hanbalis and al-Awza'i, that the hadd applies. The Malikis exempt a husband who has intercourse with his dead wife from the hadd. Sixth, intercourse with an animal: the jurists agree it is forbidden, citing the general wording of the verse of sura al-Mu'minun and the hadith of Abu Hurayra about the one who has intercourse with an animal; several of the hadiths the book cites are judged weak in their chains in the notes. Several jurists count it among the major sins. The jurists differ on the penalty for it in four views; the first, held by Jabir ibn Zayd, al-Hasan ibn Ali, al-Hasan al-Basri, al-Shafi'i and one Ahmad view, is listed here, and the list continues beyond p.17503. The penalty for intercourse with an animal, the remaining views: the third is that of al-Zuhri, who holds the lighter of the two hadd penalties applies, one hundred lashes, whether married or not. The fourth, held by the majority of Hanafis, the Shafi'is in the more likely view, the Malikis and the Hanbali school, is that no hadd applies and discretionary punishment is due; this is reported from Ibn 'Abbas, 'Ata', al-Sha'bi, al-Nakha'i, al-Hakam, al-Thawri and Ishaq. The Hanafis say the ruler may kill the offender who repeats it, al-Bayri judges a second offence to warrant death, and the Hanbalis press the discretionary punishment hard. The majority argue that the act is wrong, to be changed by the hand, and that no report establishes a hadd. A woman who lets an animal such as a dog or monkey approach her is treated as one who has intercourse with an animal, according to the Hanafis, Shafi'is, Malikis and Hanbalis. Killing the animal used: three views. The Hanafis, Malikis and the sounder Shafi'i view do not require it, because the hadith ordering its killing is weak and because the Prophet forbade killing animals except for food. The Hanafis recommend slaughtering it and burning it if it is not eaten. The Hanbalis and a Shafi'i view require killing it in every case, citing the hadith 'whoever has intercourse with an animal, kill him and kill the animal with him'. A third view kills it only when the offender owns it; the book attributes this to al-Tahawi. If the animal belongs to another, the jurists differ on liability: the Hanbalis and the Shafi'i view that requires killing hold the offender liable, while the Hanafis say the owner is asked to hand it over for its value and then it is slaughtered. Eating an animal used in this way after slaughter: three views. The Hanbali school view and the two companions of Abu Hanifa, with a Shafi'i view, forbid it; one Ahmad report disapproves without forbidding it; Abu Hanifa, the Malikis and the Shafi'i school view permit it without disapproval, citing the verse of sura al-Ma'ida that permits grazing animals. Intercourse by mistake (wat' bi-shubha): the act is forbidden but does not bring the hadd, because a doubt removes the intent to commit adultery; the types of doubt are treated under their own heading. Rules of intercourse. The wife's right over her husband: she has a right that he have intercourse with her and satisfy her desire, as the report of Abd Allah ibn Amr shows: 'your body has a right over you, and your wife has a right over you', and the saying to Abu al-Darda'. The jurists give four views on the extent and duty of this right. The Hanafis and a Shafi'i view hold that the wife may ask for intercourse, and that a husband must comply once by judgement, while more is owed before God as a matter of good companionship; the Shafi'is hold no duty and no sin in leaving it, though it is recommended not to leave a wife without intercourse out of protection for her. The remaining views are not complete in these pages. Measure of the wife's right to intercourse (the remaining views): the Malikis, in the more likely view, hold that a wife is due one night in every four; Abu al-Hasan al-Saghir reports from Abu Imran views on the least that may be enforced, one night in four, or one night in three, and 'Umar decided once in each purity because the husband makes her pregnant. The fourth view, of the Hanbali school, is that the husband must have intercourse with his wife at least once in four months if he has no excuse; they argue that intercourse is a right of both spouses, and that a wife's consent is needed for withdrawal. Ibn Taymiyya and Ibn al-Qayyim hold that intercourse must be in accordance with custom, in proportion to the wife's need and the husband's ability, with no fixed number; the book notes that some hold he must satisfy her as he must feed her, which Ibn Taymiyya preferred. If the spouses dispute the right, the judge sets it by custom and their circumstances; Ibn Taymiyya holds that harm to the wife from its withholding permits dissolution in every case. The husband's right over his wife: the husband may ask his wife for intercourse whenever he wishes, except where a lawful impediment exists, such as menstruation, post-natal bleeding, zihar or ihram; when the impediment is absent she must comply. The jurists al-Dhahabi, al-Rafi'i, al-Nawawi, Ibn al-Rif'a and al-Haytami count a wife's refusal without excuse as a form of disobedience and a major sin, citing the strong warnings in the hadith. The husband need not comply when his wife asks, unless he intends to harm her, in which case it is forbidden. The wife's right to separation when the husband is unable to have intercourse (impotence, castration, or sexual incapacity): the jurists distinguish incapacity that exists at the contract from incapacity arising after consummation, and a wife who knew of the defect from one who did not. The detail is under divorce. The husband's right to annul the marriage when the wife has a defect that prevents intercourse (such as an occluded passage or a horn-like growth): the jurists differ on two views; detail under its heading. Withholding intercourse by oath (iyla) or by zihar. Iyla: there is no dispute that the husband who swears not to have intercourse has four months, the period set in sura al-Baqara. If he persists until four months pass, the wife may take the matter to the judge, who orders him to return, then to divorce; if he refuses the judge divorces on his behalf, the view of the majority of Shafi'is, Malikis and Hanbalis; the Hanafis say divorce takes effect on the lapse of four months without the judge. Zihar: the majority hold intercourse with a wife on whom zihar has been pronounced forbidden before expiation; a Hanbali report permits it where the expiation is by feeding; the details are under zihar. Zihar, continued: the wife may take the matter to the judge if the husband refuses expiation; the judge orders him to expiate, and if he refuses, compels him by disciplinary means until he expiates or divorces; this is the Hanafi view, since the husband has harmed her by making her unlawful to him. The Malikis distinguish a husband unable to expiate, who is divorced by the judge, from one able to do so, who is granted four months as in iyla, after which he is told to divorce or expiate. The Hanbalis say a zihar husband is not ordered to resume intercourse, since it is forbidden before expiation, and is given time to free a slave, feed the poor or fast, according to his means. The wife's right to withhold herself until she receives her dower: the jurists agree that once the husband has handed over the dower she must allow him access when he asks, with no lawful impediment; she may not refuse if the whole dower is deferred, or if the deferred part is the larger, because her acceptance of the deferral is acceptance of handing herself over. The Hanafis limit this to a condition that intercourse occur before the term, to which she agreed. For a prompt dower, the majority of Hanafis, Shafi'is, Malikis and Hanbalis hold that she may withhold herself until she receives the prompt portion, since the dower is a return for the womb as the price is for the goods; Ibn al-Mundhir reports consensus on this. The effect of intercourse on the right to withhold after she has allowed access: two views. The first, of Abu Hanifa and Ibn Hamid among the Hanbalis, is that she may still withhold until she is paid, since the contract covers each act of intercourse; the second, of Abu Yusuf, Muhammad, the Shafi'is, Malikis and the Hanbali school, is that she may not, because her handing herself over was consent to the dower remaining a debt. When the deferred dower falls due before the wife hands herself over: two views. The first, of the preferred Hanafi view, the sounder Shafi'i view and the Hanbalis, is that she may not withhold, since the right of retention fell away by her consent to the deferral. The second, of one Shafi'i view, the Malikis and Abu Yusuf, is that she may withhold, since it is now like a prompt dower; Abu Yusuf limits this to cases in which the husband did not stipulate intercourse before the term. The dispute over who starts the handing over: the Hanafis and Malikis hold that the husband must hand over first, since the husband's right is fixed by the contract while the wife's right to the dower is fixed by receiving it; Malik disliked the wife's allowing access before receiving a quarter dinar, as a right of God. The Hanbalis and a Shafi'i view compel the husband first, then the wife. The preferred Shafi'i view has both compelled together, by deposit of the dower with a trustee who is neither party's agent. A third Shafi'i view compels neither, since the rights are equal. Stipulating in the marriage contract that intercourse will not be lawful, or that it will not occur: all agree the stipulation is void, but differ on its effect on the contract. The majority of Shafi'is, Malikis and Hanbalis hold both the stipulation and the contract void, because it defeats the purpose of the contract. The Hanafis hold the stipulation invalid but the contract valid, since a marriage is not voided by an invalid condition. For the stipulation that intercourse will not occur, there are three views: the Hanafis and Hanbalis hold the contract valid and the condition void; the Malikis hold both void, and among them the preferred view allows annulment before consummation and not after, with the condition falling away; the Shafi'is hold the contract void if the condition came from the wife, but harmless if from the husband, since intercourse is his right. Withdrawal (azl), meaning withdrawing before ejaculation into the womb: the majority allow it for a master with his slave-woman, whether or not she consents, the consensus being reported by al-Qarafi; the views on withdrawal from a free wife are detailed under their own heading. Nursing intercourse (ghila): all agree it is permitted, on the report of Judhama bint Wahb in which the Prophet intended to forbid it, then mentioned that Rome and Persia did it without harm to their children. Intercourse with a pregnant woman: some jurists disliked it, citing the saying 'do not kill your children secretly'; the majority permit it, citing the report of the man who asked the Prophet about withdrawal and was told that if it is needed then there is no harm, as it did no harm to Persia and Rome. The effects of intercourse: (a) it confirms the full named dower, according to the Hanafis, Shafi'is, Malikis and Hanbalis, since intercourse is the fulfilment of the purpose; (b) it establishes the waiting period after divorce, by the verse of sura al-Ahzab; (c) it is the act that makes an oath of iyla void; (d) in a valid marriage, intercourse of the kind that requires ghusl is a condition of ihsan for adultery; (e) it restores a revocable divorce, in the view of the Hanafis, Hanbalis and Malikis, if the husband intends to take the wife back, against the Shafi'is; (f) its effect on the permissibility of divorce, a division detailed under divorce. The effect of intercourse on divorce, continued: a lawful divorce is pronounced on a wife in a state of purity without intercourse during that purity, or when she is pregnant and her pregnancy is evident. An unlawful divorce is one pronounced during menstruation, or in the purity in which intercourse took place; for a wife not yet consummated, divorce during menstruation or purity is lawful. On whether a bid'a divorce takes effect: the majority of Hanafis, Shafi'is, Malikis and Hanbalis hold that it takes effect, and the husband is sinful, citing Ibn 'Umar's divorce of his wife during menstruation, after which the Prophet ordered him to take her back. Ibn Taymiyya, Ibn al-Qayyim, Ibn Hazm and al-Shawkani, and a view attributed to Ibn 'Umar and Tawus, hold that it does not take effect, because it contradicts the Prophet's command. The effect of intercourse on the hadd for adultery: the intercourse that triggers the hadd is the insertion of at least the head of a sane, adult male's member into a desirable vagina that is not the man's own property or subject to a doubt in the land of Islam; detail under adultery. The effect of intercourse on ghusl: the meeting of the two circumcised parts (the head passing into the vagina) requires ghusl for man and woman, on the report of 'A'isha, and the report of Abu Hurayra adds 'even if he does not ejaculate'. The effect of intercourse on a woman divorced three times: she may not be lawful to her first husband until she marries another husband, on the verse of sura al-Baqara; the majority hold that she is not lawful to the first until the second husband has intercourse with her, with the meeting of the circumcised parts, even without ejaculation; Sa'id ibn al-Musayyab holds that the first may remarry her if the second marriage is sound and not intended to make her lawful. The effect of intercourse on marriage affinity: there is no dispute that the contract with a daughter makes her mother, however high, unlawful for ever, by the contract alone, whether or not intercourse took place, and likewise sons' and fathers' wives. A stepdaughter is forbidden by two conditions, the contract with her mother and intercourse with the mother; without intercourse, the prohibition does not hold. The effect of intercourse on expiations: (1) intercourse with a menstruating wife. Four views: the Hanafis and the sounder Shafi'i view require no expiation, only a recommended alms of a dinar or half a dinar; the Hanbalis and one Shafi'i view require a dinar or half a dinar at the choice of the husband, on a report from Ibn 'Abbas; the Malikis, al-Thawri, al-Layth and one Ahmad report require only repentance and seeking forgiveness; al-Hasan al-Basri and Sa'id ibn al-Musayyab require the expiation for intercourse in Ramadan. (2) Intercourse while fasting in Ramadan: most scholars require expiation and making up the day, whether or not there is ejaculation, on the report of Abu Hurayra of the man who had intercourse with his wife in Ramadan. Intercourse during the pilgrimage: the jurists agree that a pilgrim who has intercourse before standing at 'Arafat invalidates his hajj and must give a sacrifice; the Hanafis require a sheep and the Shafi'is, Malikis and Hanbalis a camel. Intercourse after standing and before the first release requires a camel by agreement; after the first release the Hanafis, Shafi'is and Hanbalis require a sheep and Malik a camel. Intercourse and the fast: the jurists agree that intercourse by one who fasts in Ramadan invalidates the fast, whether or not he ejaculates. If it was forgotten, the majority of Hanafis, Shafi'is, one Ahmad report, al-Thawri, al-Hasan and Mujahid hold the fast is not invalidated; the Malikis, the school view of the Hanbalis and Ata' hold it is invalidated like an intentional act. Intercourse and the pilgrimage: the jurists agree that intercourse before standing at 'Arafat invalidates the pilgrimage, which must be completed as an invalid one and made up later, and that it does not invalidate it after standing and the first release. Between standing and the first release, the Shafi'is, Malikis and Hanbalis hold it invalidates the pilgrimage, while the Hanafis say it does not. Treading on the mushaf: there is no dispute that a Muslim who treads on it to show contempt becomes an apostate; under compulsion or necessity he does not. Treading on graves: the grave is to be respected, so treading on it or sitting on it is disliked, according to the majority, on the report of 'Uqba ibn 'Amir and the words attributed to Ibn Mas'ud. The Shafi'is and Hanbalis dislike it except out of necessity; walking among graves is not disliked for the Shafi'is, while the Hanbalis dislike it in shoes but not in boots. The Hanafis dislike sitting on it except out of necessity. The Malikis dislike it under conditions: the grave is raised, the path is beside it, and some of the bones are presumed to remain. Animals treading with a foot: the Hanafis, Malikis, Shafi'is and Hanbalis agree that what an animal tramples with its hoof, head or foot in its course is a liability for whoever is with it, rider, leader or driver, when the damage can be attributed to his fault or negligence; if not, there is no liability, on the saying 'the animal's wound is unpunished'. Al-Shafi'i holds the leader, driver and rider liable for what it strikes with hand, mouth, foot or tail, and that the one who makes it trample something is the one liable; al-Nawawi notes that a skittish animal may not be ridden in markets.

• Wathiqa (documentary security for a right: witness, writing, pledge and surety)

  Wathiqa in the lexical sense is the making firm of a matter; technically it is what is taken to secure a right against loss through denial, forgetting, insolvency or other hazards. Its basis is the Qur'anic verses on debt and the Prophet's saying 'the guarantor is liable'. There are three kinds: witness against denial, pledge and surety against insolvency, and writing against forgetting. Most jurists hold the command to write a recommendation, not an obligation, since Muslims sell on deferred prices without writing or witness, while some, including al-Tabari, hold it obligatory. The purpose of writing and witness is that a debt whose payment is deferred suffers forgetting and denial. A pledge is property held as security for a debt, to be paid from its price if the debtor cannot pay; a surety joins the guarantor's liability to that of the debtor, so the right holds against both.

• Year-long residence of a widow as a bequest

  In his commentary on verse 240, Sha'rawi distinguishes two rulings: four months and ten days, which is obligatory for a widow, and a bequest the husband may make that she stay in his house for a full year, which no one may force her out of. If she leaves by her own choice there is no blame on her.

• Guardianship over an orphan's property

  Al-Sha'rawi holds that the property of an orphan or of a person unable to manage it is run with wisdom and guardianship. A foolish person is not handed his wealth. The orphan is tested for maturity before his property is delivered, the delivery is witnessed, a poor guardian may take a customary share, and wasteful spending of an orphan's money is condemned.

• Yasar (means and ease, fiqh)

  Yasar is wealth and ease, its opposite being hardship; it also names the left side. Its rulings in fiqh cover seeking means, its weight in kafa'a, in the amount of maintenance and in the ordered expiations, and its limits for zakat and for the maintenance of a wife and relatives, which the schools set differently.

• Orphan (yatim, fiqh)

  The orphan, in law, is one whose father has died while still below puberty. The rulings cover kindness to him, his teaching, the guardian's dealings with his property, his maintenance from his property, from relatives or from the treasury, the guardian's claim for what he spent, and the guardian's fee.

Group

• Adnan (the Arabized Arabs)

  The lineage called the Arabized Arabs: tracing to Ismail ibn Ibrahim, also called Adnani; from it come Rabiʾa and Mudar, and through them Quraysh and the tribes of the Hijaz and Najd.

• Ahl al-Bayt

  'The People of the House' — the Prophet's household: the family around whom the deepest loyalties and the deepest split in Islamic history would form.

• The Extinct Arabs

  The first of the historians’ three divisions of the Arabs: the ancient peoples of whom little survives, such as Ad, Thamud, Tasm, Jadis and the Amaliq.

• al-Azd

  A Kahlani Qahtani tribe that migrated from Yemen under Imran ibn Amr Muzayqiya; its branches dispersed to Yathrib (the Aws and Khazraj through Thaʾlaba), Mecca (Khuzaʾa), Oman, and al-Sham (Jafna, ancestor of the Ghassanids).

• Bakr ibn Wa'il

  A Rabi'a tribe of Adnan, one of Wa'il's two sons with Taghlib; branches settled Bahrayn and the rest stretched from al-Yamama to Bahrayn, Kazima, the edge of the Iraqi sawad, al-Ubulla and Hit; Banu Shayban of Dhu Qar and Banu Hanifa of al-Yamama belong to it, and its wars with Taghlib are the textbook case of kin rivalry.

• Banu al-Najjar

  A clan of the Khazraj at Yathrib, the maternal kin of Abd al-Muttalib: Salma bint Amr of Banu Adi ibn al-Najjar was Hashim's wife and Abd al-Muttalib grew up in her father's house; when Nawfal seized his property he appealed to them and his uncle Abu Sa'd ibn Adi came with eighty riders until his right was restored, prompting Khuza'a to claim an equal kinship.

• Banu Hamdan

  The great Kahlani tribe of Yemen whose rivalry with Himyar the Abyssinians exploited for their first occupation of Yemen in 340 CE.

• Banu Hashim

  The Prophet's own clan within Quraysh — divided over his mission yet bound to him by blood, sheltering him through the boycott whether they believed or not.

• Lakhm (the Manadhira)

  The Kahlani tribe whose Nasr ibn Rabiʾa founded the line of al-Hira’s kings — the Manadhira — ruling as Persia’s Arab wardens from Amr ibn Adi to the last al-Mundhir in 632.

• Banu Shayban (of Bakr ibn Waʾil)

  The Bakrite clan of Hani ibn Masʾud which defeated the Sasanian host at Dhu Qar — the first day the Arabs routed the Persians.

• The Daja'ima (Banu Salih)

  Banu Dajam ibn Salih ibn Hulwan of Quda'a, who settled the Syrian marches in the age of migrations and were set up by the Romans as kings to hold back the desert Arabs and serve against Persia; Ziyad ibn al-Habula was their most famous king, their era runs from the early second century CE to about its end, and the Ghassanids displaced them.

• Ghatafan

  A Mudari tribe of Qays Aylan ibn Mudar, parent of Abs, Dhubyan, Ashja and Ghani ibn A'sur; Dhubyan dwelt near Tayma up to Hawran, and the wars of Abs and Dhubyan are cited as an example of rivalry between tribes of one father.

• Himyar

  The most famous Qahtani stock with Kahlan; it took over the kingdom of Saba around 115 BCE, made Zafar its capital, and produced Yemen’s later kings such as Dhu Nuwas and the house of Dhu Yazan.

• Judham

  A Kahlani tribe of Qahtan, paired with Lakhm in al-Raheeq al-Makhtum's second group of Kahlani emigrants and placed by the sources on the Syrian marches; Farwa ibn Amr al-Judhami was of it.

• Jurhum

  A Yemeni Qahtani tribe that settled at Mecca in Ismail’s time and intermarried with him; it held authority over Mecca for nearly twenty centuries until Khuzaʾa expelled it in the mid-second century CE, whereupon it buried Zamzam and departed for Yemen.

• Kahlan

  One of the great Qahtani stocks; its branches left Yemen around the time of the Arim flood, among them al-Azd, Lakhm, Judham, Tayy, Kinda, Hamdan, and the ancestors of the Aws, Khazraj, Khuzaʾa and the Ghassanid house of Jafna.

• Kinda

  A Kahlani tribe of Qahtan that settled Bahrayn, then Hadramawt, then Najd, where it formed a considerable kingdom that soon vanished; its al-Harith ibn Amr ibn Hujr was installed at al-Hira by Qubadh after al-Mundhir's dismissal.

• Mothers of the Believers

  The Qur'anic title of the Prophet's wives ('his wives are their mothers', al-Ahzab 6): he contracted thirteen women, consummated marriage with eleven and died leaving nine; they played a great role in transmitting his domestic life and the rulings of the sharia to the women of the umma.

• Qahtan (the Original Arabs)

  The lineage called the Original Arabs: descendants of Yaʾrub ibn Yashjub ibn Qahtan, based in Yemen, whose best-known branches are Himyar and Kahlan.

• Qudaʾa

  A great tribe of Himyarite affiliation (debated); it left Yemen for the Samawa steppe on Iraq’s edge, moved on to al-Sham under Ardashir’s pressure, and produced the Salihids — the Dajaʾima — Rome’s first Arab client kings.

• Tayy

  A Kahlani tribe of Qahtan that moved north after al-Azd and settled the two mountains Aja and Salma, which became known as the mountains of Tayy; parts of it adopted Christianity, and its Iyas ibn Qabisa governed al-Hira for Khosrow.

Practice

• Etiquette of eating (adab al-akl)

  In Sheikh Omar Abdelkafy's lessons, the etiquette of eating includes naming God at the start of the meal, and he counts these among great Islamic etiquettes. The points are given without full detail in his talk.

• Aqiqa (newborn sacrifice)

  Sacrificing two sheep for a boy and one for a girl on the seventh day, with shaving and naming; a sunna for most schools and a family celebration.

• Male circumcision

  Male circumcision; counted among the fitra by jurists and a firmly rooted practice in law and custom, with ages and celebrations varying by country.

• Mahr (bridal gift)

  Mahr, the bridal gift, is for al-Sha'rawi a right of the wife and the wage for intimacy in marriage. He reads the word nihla in the Qur'anic verse as a matter of religious conscience rather than a judicial ruling, and warns a guardian against taking any of it out of shame.

• The wedding feast (walima)

  The wedding feast; the Prophet commanded it — 'give a feast even with a single sheep' — and its scale ranges from a family table to whole-town festivals.

Screening Room

• Abouna

  2002 CE · 1423 AH†Abouna.

• Adam

  2019 CE · 1440 AH†Adam.

• The Big Sick

  2017 CE · 1438 AH†Kumail Nanjiani's Oscar-nominated romantic comedy about his real-life courtship with Emily Gordon amid a Pakistani-American family's arranged-marriage expectations.

• The Burdened

  2023 CE · 1444 AH†The first Yemeni film at Berlinale: a couple in Aden face a hard decision over an unwanted pregnancy amid war and poverty.

• The Blue Caftan

  2022 CE · 1443 AH†Maryam Touzani's film about a caftan tailor in Salé and his wife Mina; a quiet human drama on love and concealment in Moroccan craft.

• The Great Journey

  2004 CE · 1425 AH†Ismaël Ferroukhi's film about a Moroccan father who makes his French son drive him from France to Mecca for the hajj — the classic fictional hajj road movie.

• The Palestinian Exile

  Hatem Ali's landmark series following a Palestinian family through the Nakba from village to refugee camp — the canonical drama of Palestinian memory.

• Ali: Fear Eats the Soul

  1974 CE · 1394 AH†Ali: Fear Eats the Soul.

• Alif

  The Pakistani series pairing a famous filmmaker with a young Qur'an memoriser — contemporary Pakistani TV's most-discussed treatment of art, faith and the soul.

• Four Daughters

  2023 CE · 1444 AH†Kaouther Ben Hania's docudrama on Tunisian mother Olfa Hamrouni, whose two daughters left to join ISIS in Libya — Oscar-nominated for best documentary.

• Ayat-Ayat Cinta

  2008 CE · 1429 AH†The Indonesian phenomenon based on Habiburrahman El-Shirazy's novel about a pious Indonesian student at al-Azhar and his loves — it remade Indonesian cinema toward religious romance.

• Bajirao Mastani

  2015 CE · 1436 AH†Bajirao Mastani.

• Barakah Meets Barakah

  2016 CE · 1437 AH†Mahmoud Sabbagh's debut — Saudi Arabia's first romantic comedy — about a municipal worker and a social-media celebrity in Jeddah; a gentle push at social boundaries.

• Bol

  2011 CE · 1432 AH†Bol.

• Brick Lane

  2007 CE · 1428 AH†Sarah Gavron's adaptation of Monica Ali's novel about a Bangladeshi Muslim wife in London's Brick Lane torn between duty and desire; filming drew community objections.

• Halima's Path

  2012 CE · 1433 AH†Halima's Path.

• The Nightingale's Prayer

  1959 CE · 1378 AH†The Nightingale's Prayer.

• East Is East

  1999 CE · 1420 AH†East Is East.

• Insyriated

  2017 CE · 1438 AH†Insyriated.

• The Patience Stone

  2012 CE · 1433 AH†The Patience Stone.

• Garm Hava

  1973 CE · 1393 AH†M.S. Sathyu's Indian classic on a Muslim shoe merchant in Agra who refuses to leave for Pakistan after Partition — the defining screen work on Muslims and Partition.

• Haider

  2014 CE · 1435 AH†Haider.

• When Love Glorifies God

  2009 CE · 1430 AH†The Indonesian adaptation of Habiburrahman El-Shirazy's novel about an al-Azhar student balancing study, love and livelihood in Cairo — a major Indonesian religious hit.

• Son of Babylon

  2010 CE · 1431 AH†Mohamed Al-Daradji's Iraqi film about a grandmother and grandson searching for a missing man after Saddam's fall; among Iraq's best-known films.

• A Separation

  2011 CE · 1432 AH†Asghar Farhadi's Oscar-winning film about a Tehran divorce entangled with a religious-legal dispute — Qur'anic oaths and piety at the centre of the moral dilemma.

• Joyland

  2022 CE · 1443 AH†Saim Sadiq's Cannes-winning film about a Lahore family shaken when the son joins a dance theatre — briefly banned in Pakistan, then released amid religious debate.

• Grbavica

  2006 CE · 1427 AH†Grbavica.

• Jodhaa Akbar

  2008 CE · 1429 AH†Jodhaa Akbar.

• Khuda Aur Muhabbat

  A Pakistani series about a young man whose love for a religious girl transforms his life; revived with later seasons that broke Pakistani viewership records.

• In the Name of God

  2007 CE · 1428 AH†Shoaib Mansoor's Pakistani film about two musician brothers pulled apart by militancy and moderation after 9/11 — a major national debate on religion, music and forced marriage.

• Not Without My Daughter

  1991 CE · 1411 AH†The film of Betty Mahmoody's memoir — an American mother escaping Iran with her daughter; the most-watched US film about Iran and long debated for its portrayal of Muslim Iranians.

• Leila

  1997 CE · 1418 AH†Leila.

• What Will People Say

  2017 CE · 1438 AH†What Will People Say.

• 200 Meters

  2020 CE · 1441 AH†200 Meters.

• Mooz-lum

  2011 CE · 1432 AH†Mooz-lum.

• Mo

  Mo Amer's Netflix series about a Palestinian Muslim refugee in Houston navigating asylum, family and faith — one of the first US series centred on a Palestinian Muslim lead.

• Mughal-e-Azam

  1960 CE · 1379 AH†Mughal-e-Azam.

• The Night of Counting the Years

  1969 CE · 1389 AH†The Night of Counting the Years.

• Munafik

  2016 CE · 1437 AH†Munafik.

• Arranged

  2007 CE · 1428 AH†American film about the friendship between a veiled Muslim teacher and an Orthodox Jewish teacher in Brooklyn, both facing arranged marriages.

• Nikaah

  1982 CE · 1402 AH†B.R. Chopra's Hindi film about a wife divorced by triple talaq in a moment of anger — it sparked a national debate in India on Islamic divorce.

• Women of the Weeping River

  2016 CE · 1437 AH†Women of the Weeping River.

• Nussa

  The Indonesian animated children's series about Nussa and his sister Rarra learning Islamic values — the most-watched Islamic children's animation worldwide on YouTube.

• Nussa (film)

  2021 CE · 1442 AH†Visinema's theatrical film spun off from the Nussa series — the boy competes in a science fair while the family faces life after the father's passing.

• Para Pencari Tuhan

  Indonesia's long-running Ramadan series about a village mosque community navigating everyday crises and repentance.

• Head-On

  2004 CE · 1425 AH†Head-On.

• Ramy

  Ramy Youssef's Hulu comedy-drama about an Egyptian-American torn between faith and appetite in New Jersey — the first major US series led by a Muslim character; Golden Globe winner.

• Raqs-e-Bismil

  A Pakistani series about a religious family's son whose forbidden love teaches him the difference between inherited piety and true devotion — a modern hit.

• Shehr-e-Zaat

  A Pakistani drama about an elite young woman whose unrequited love becomes a search for God — a landmark spiritual drama.

• Caramel

  2007 CE · 1428 AH†Caramel.

• The Song of Sparrows

  2008 CE · 1429 AH†The Song of Sparrows.

• Omar & Hana

  Durioo+'s Malaysian animated series about siblings Omar and Hana — one of the most successful Muslim children's channels on YouTube, with billions of views and ten-language dubs.

• The Mother of All Lies

  2023 CE · 1444 AH†The Mother of All Lies.

• The Wedding of Zein

  1976 CE · 1396 AH†The Wedding of Zein.

• Veer-Zaara

  2004 CE · 1425 AH†Veer-Zaara.

• Bye Bye Tiberias

  2023 CE · 1444 AH†Bye Bye Tiberias.

• Wajib

  2017 CE · 1438 AH†Annemarie Jacir's Palestinian film about a father and son delivering wedding invitations in Nazareth; a quiet family drama.

• Waris

  The classic 1979 PTV serial on feudal power and inheritance in rural Punjab — one of Pakistan's most-watched dramas.

• Gangs of Wasseypur

  2012 CE · 1433 AH†Gangs of Wasseypur.

• Where Do We Go Now?

  2011 CE · 1432 AH†Nadine Labaki's film about a Lebanese village where Muslims and Christians coexist, whose women conspire to head off sectarian violence — Toronto People's Choice winner.

• Ali's Wedding

  2017 CE · 1438 AH†Australian film about an Iraqi-origin Muslim youth living a big lie to please his family between an arranged match and true love; a romantic comedy.

• The Gravedigger's Wife

  2021 CE · 1442 AH†The Gravedigger's Wife.

What is missing? Tell us · A theme is open when it has a reviewed guide, 10 questions, 25 entries across 5 classes, and voices from several traditions and regions.

Controversial topics

• Sexuality and gender diversity
• Converts and those who leave
• Images and figural art
• Takfir and its critics
• Dissent, heresy and freethought
• Conquest and its debates
• Violent extremism and the Muslim response
• Islam and atheism or secular thought