About
A foundational work of comparative Islamic jurisprudence by Ibn Rushd, analyzing the reasons behind juristic disagreements across the legal schools and outlining the methodological principles that lead to divergent legal opinions.
Table of contents
The Author's Preface
The Book of Purification from Ritual Impurity
The Book of Ablution
Chapter One: The Evidence for the Obligation of Ablution
Chapter Two: Understanding the Acts of Ablution
Wiping over the Khuffs
Chapter Three: On Waters
The Fourth Chapter on the Nullifiers of Ablution
Chapter Five: Knowing the Acts Whose Performance Requires This Purification
The Book of Ghusl
Chapter One: On the Knowledge of the Actions in This Purification
Chapter Two: On Knowing the Nullifiers of This Purification
Chapter Three: The Rulings on the Two Ritual Impurities—Junābah and Menstruation
The Rulings on Blood Flowing from the Womb
Chapter One: Types of Blood Exiting from the Womb
Chapter Three: The Rulings on Menstruation and Istihāda
The Book of Tayammum
Chapter One: On the Knowledge of Purification and What It Replaces
The Second Chapter Concerning Those for Whom This Purification Is Permissible
The Third Chapter on the Conditions for the Permissibility of This Purification
The Fourth Chapter on the Description of This Purification
Chapter Five: Regarding What Is Used for This Purification
The Sixth Chapter on the Nullifiers of This Purification
Chapter Seven: On the matters for which this purification is a condition for their validity or permissibility
The Book of Purification from Impurity
The First Chapter: Concerning the Ruling on This Purification
The Second Chapter on the Types of Impurities
The Third Chapter on Identifying the Places from Which Impurities Are Removed
Chapter Four: On the Means of Removing Impurities
The Fifth Chapter on the Method of Removing Impurities
The Sixth Chapter on the Etiquette of Istinja’
The Book of Prayer
The First Section on the Knowledge of the Obligation of Prayer
The Second Section on the Conditions: The Conditions of Prayer
The First Chapter on Knowing the Times of Prayer
Chapter One: On the Knowledge of the Prescribed Times
Chapter One: On the Knowledge of the Prescribed Times
Section Two of the First Chapter on the Times When Prayer Is Forbidden
Chapter Two: On Knowing the Adhan and the Iqama
Chapter One: The Call to Prayer
Chapter One: The Call to Prayer
Chapter Two of the Second Section of the Second Topic on the Iqāmah
The Third Chapter of the Second Section on the Qiblah
The Fourth Chapter of the Second Section on the Covering of the ‘Awrah and Clothing in Prayer
Chapter One: Covering the ‘Awrah
Chapter Two of Book Four: What Suffices in Clothing for Prayer
Chapter Five: Requiring Purity for Prayer
The Sixth Chapter: Places in Which Prayer Is Not Performed
Chapter Seven: On Identifying the Omissions That Are Conditions for the Validity of Prayer
Chapter Eight: On Knowing the Intention and Its Conditions in Prayer
The Third Section of the Book of Prayer: The Pillars of Prayer
Chapter One: Concerning the Prayer of the Lone Worshipper Who is Resident, Secure, and Valid
Chapter One: On the Recitations of Prayer
Chapter Two: The Acts that are Pillars of Prayer
Chapter Two of Part Three: Congregational Prayer
Chapter One: The Ruling on Congregational Prayer
Chapter Two: On the Conditions of the Imamate, the Order of Precedence for Appointment, and the Imam’s Specific Rulings
Chapter Two: On the Conditions of the Imamate, the Order of Precedence for Appointment, and the Imam’s Specific Rulings
Chapter Three: On the Position of the Follower in Relation to the Imam and the Special Rulings for Followers
Chapter Four: On Knowing What the Follower Must Follow the Imam In
Chapter Five: On the Manner in Which the Follower Follows the Imam
Chapter Six: On What the Imam Does on Behalf of the Congregants
Chapter Seven: On the matters which, if they invalidate the imam’s prayer, the invalidity extends to the congregants
The Third Chapter of the Third Section on the Ruling of Prayer
The First Chapter on the Obligation of Friday Prayer and Who Is Obliged to It
The Second Chapter on the Conditions of the Friday Prayer
The Third Chapter on the Pillars of the Friday Prayer
Chapter Four: The Rulings of the Friday Prayer
Chapter Four on the Prayer of Travel
The First Chapter on Shortening the Prayer
The Second Chapter on Combining
Chapter Five of the Third Section: The Treatise on the Prayer of Fear
The Sixth Chapter of the Third Section on the Prayer of the Sick
The Fourth Section on the Making Up of Prayer and Rectifying Any Defects Occurring in It
Chapter One: On Repetition — The Nullifiers of Prayer
Chapter Two on the Making Up of Prayers
On Whom Is It Obligatory to Make Up the Prayer
The Description of Making Up Missed Prayers
The Description of Making Up Missed Prayers
Making Up Some Units of Prayer Due to Forgetfulness
The Third Chapter of the Fourth Section on the Prostration of Forgetfulness
The Prostration of Forgetfulness
The Prostration of Forgetfulness
The Prostration Performed Due to Doubt
The Second Book of Prayer
Chapter One: On the Witr Prayer
Chapter Two: The Two Rak‘ahs of the Fajr Prayer
The Third Chapter on the Supererogatory Prayers
Chapter Four: The Two Rak‘ahs of Entering the Mosque
Chapter Five: On the Night Vigil in Ramadan
The Sixth Chapter on the Eclipse Prayer
The Seventh Chapter on the Prayer for Rain
Chapter Eight: On the Eid Prayers
The Ninth Chapter on the Prostration of the Qur'an
The Book of Rulings on the Deceased
Chapter One: On What Is Recommended to Be Done at the Time of Dying and Afterwards
The Second Chapter on the Washing of the Dead
The First Chapter on the Ruling of Ghusl
Chapter Two: Who Must Be Washed Among the Dead
Chapter Three: Who May Wash the Deceased
Chapter Four: On the Description of Ghusl
The Third Chapter on Shrouds
Chapter Four: On the Manner of Walking with the Funeral Procession
Chapter Five: On the Funeral Prayer
The First Chapter on the Description of the Funeral Prayer
Chapter Two: Concerning Those for Whom the Prayer Is Performed and Those Who Have Priority
The Third Chapter on the Timing of the Funeral Prayer
Chapter Four: The Places of the Funeral Prayer
Chapter Five: The Conditions of the Funeral Prayer
The Sixth Chapter on Burial
The Book of Zakat
The First Section on Determining Who Is Obliged to Pay Zakat
The Second Section on Determining Which Wealth Is Subject to Zakat
The Third Section on Determining the Nisab of Zakat
Chapter One on the Nisab of Gold and Silver
Chapter Two: The Nisab of Camels and the Obligation Therein
Chapter Three on the Nisab of Cattle and the Amount of the Obligation
Chapter Four: The Nisab of Sheep and the Amount of the Obligatory Zakat
Chapter Five: On the Nisab of Grains and Fruits and the Required Measure Thereof
Chapter Six: On the Nisab of Agricultural Produce
The Fourth Section on the Time of Zakat
The Fifth Statement on Those to Whom Charity Is Due
Chapter One: On the Number of Categories for Whom Zakat Is Obligatory
Chapter Two: Attributes of Zakah Recipients That Entitle Them to Charity
Chapter Three: The Amount Allocated to the Recipients of Zakah
The Book of Zakat al-Fitr
Chapter One: Understanding the Ruling of Zakat al-Fitr
Chapter Two: On Those Obliged to Pay Zakat al-Fitr and Those for Whom it is Due
Chapter Three: On What Zakat al-Fitr Is Obligatory
Chapter Four: When Zakat al-Fitr Becomes Obligatory
Chapter Five: The Recipients of Zakat al-Fitr
The Book of Fasting
Section One of Obligatory Fasting – First Division: Types of Obligatory Fasting
The Second Section on the Pillars of Fasting
The first pillar of fasting is time.
The Second Pillar of Fasting: Abstention
The Third Pillar of Fasting: Intention
The Second Section of the Obligatory Fast: On Breaking the Fast and Its Rulings
The Make-Up Prayers of the Traveler and the Sick
The Rulings Concerning the Nursing Mother, the Pregnant Woman, and the Elderly in Fasting
Rulings Concerning Those Permitted to Break the Fast When They Do So
The Traditions of Fasting
The Second Book of Fasting
The Recommended Fasting
The Days on Which Fasting Is Forbidden
The Book of I'tikaf
The Book of Pilgrimage
Section One: Knowledge of the Obligation of Hajj and Its Conditions
The Treatise on the Second Section: The Pillars of Hajj and Umrah
The Treatise on the Conditions of Ihram
The Treatise on the Miqāt of the Place
The Treatise on the Appointed Time
Permissible Acts That Prevent Entering Ihram
Discourse on the Types of This Devotion
The Treatise on Circumambulation of the Kaaba
The Treatise on the Sa'i between Safa and Marwa
The Departure to Arafah
The Treatise on the Rites of Muzdalifah
The Treatise on the Stoning of the Jamarat
The Discourse on the Third Gender
The Treatise on Being Prevented from Hajj
The Treatise on the Rulings Concerning the Penalty for Hunting
The Discourse on Compensation for Harm and the Ruling on Shaving One’s Head Before the Prescribed Place of Shaving
The Treatise on the Expiation of the Muʿtamattiʿ
The Treatise on the Expiation for Sexual Intercourse during Hajj
The Discourse on Missing the Hajj
A Treatise on the Overlooked Expiations in Hajj
The Treatise on the Sacrificial Offering
The Book of Jihad
The First Chapter in Understanding the Pillars of War
Chapter One: On the Ruling of Jihad
Chapter Two: On Identifying Those Who Wage War
Chapter Three: On Determining What Retaliation Against the Enemy Is Permissible
The Fourth Chapter on the Condition of War
Chapter Five: On Determining the Number of Those from Whom Flight Is Not Permissible
Chapter Six: On the Permissibility of Truce
Chapter Seven: Why They Fight
The Second Sentence
Chapter One: On the Ruling of the Khums of War Booty
Chapter Two: The Ruling on the Four-Fifths
The Third Chapter on the Ruling of al-Anfal
Chapter Four: On the Ruling Concerning Muslims’ Wealth Found with the Disbelievers
Chapter Five: The Ruling on Lands That the Muslims Seized by Force
Chapter Six: On the Distribution of Fai'
Chapter Seven on the Jizya
The Book of Oaths
The First Treatise on Understanding the Categories of Oaths and Their Rulings
Chapter One: On Knowing the Permissible Oaths and Distinguishing Them from Other Oaths
Chapter Two: On the Knowledge of Verbal and Binding Oaths
Chapter Three: On Identifying the Oaths That Expiation Lifts and Those That It Does Not
The Second Section on the Things That Lift Binding Oaths and Their Rulings
The First Section: Examination of the Exception
The First Chapter on the Conditions of the Exception Affecting the Oath
The Second Section of the Second Chapter: On the Expiations
Chapter One: On the Causes, Conditions, and Rulings of Oath-Breaking
The Second Chapter on the Expiation of Oath-Breaking
Chapter Three: When the Expiation for Breaking an Oath Is Lifted and How Much It Removes
The Book of Vows
The First Chapter on the Categories of Vows
Chapter Two: On Binding Vows and Those That Are Not Binding
Chapter Three: Knowledge of the Obligation Arising from a Vow and Its Rulings
The First Issue: The Obligation in an Absolute Vow
The Book of Sacrifices
The First Chapter on the Ruling Concerning Sacrificial Animals and Those to Whom It Applies
Chapter Two: On the Types of Sacrificial Animals, Their Characteristics, Their Teeth, and Their Number
Chapter Three: The Rulings on Slaughter
The Fourth Chapter on the Rulings Concerning the Flesh of Sacrificial Animals
The Book of Sacrifices
The First Chapter on Knowing the Place of Slaughter and Sacrifice
Chapter Two: On Slaughter
Chapter Three: The Conditions of Lawful Slaughter
The Fourth Chapter on the Conditions of Slaughter
Chapter Five: Concerning Those for Whom Sacrifice Is Permissible and Those for Whom It Is Not
The Book of Hunting
Chapter One: The Ruling on Hunting and the Place of Hunting
Chapter Two: On the Means of Hunting
Chapter Three: On the Slaughter Specific to Hunting and Its Conditions
The Fourth Chapter on the Conditions of Hunting
The Book of Aqiqah
The Book of Foods and Drinks
Section One: Prohibitions in the Case of Choice
The Second Sentence
The Book of Marriage
The First Chapter on the Preliminaries of Marriage
Chapter Two: On the Conditions for the Validity of Marriage
The First Pillar on the Method of Contracting Marriage
The First Section: The Manner of Consent by Which the Marriage Is Contracted
The Second Section on Consent as a Considered Factor in the Binding of the Marriage Contract
Section Three: Is It Permissible to Contract Marriage with an Option?
The Fourth Section: Delay of Consent by Either Party to the Marriage Contract
The Second Pillar in the Conditions of the Marriage Contract
The First Chapter on the Saints
The First Chapter on the Saints
The Second Chapter on Testimony
The Third Chapter on the Mahr
The Third Chapter on the Mahr
The Third Pillar
Chapter One on the Preventer of Lineage
Chapter Two on Affinity by Marriage
Chapter Three: On the Impediment to Suckling
Chapter Four: On Deterring Adultery
Chapter Five: On What Prevents Enumeration
Chapter Six: On What Prevents Combining
The Seventh Chapter on the Impediments to Slavery
Chapter Eight: On What Prevents Disbelief
Chapter Nine: What Prevents the State of Ihram
Chapter Ten: Marriage of the Sick
Chapter Eleven: Concerning What Precludes the ‘Iddah
Chapter Twelve: On the Impediment to Marriage
The Third Chapter on the Grounds for the Option in Marriage
Chapter One: On the Option of Defects
Chapter Two: The Option of Insolvency Regarding the Dowry and Maintenance
The Third Chapter on the Option of Loss
Chapter Four: The Option of Emancipation
Chapter Four: Marital Rights – The Rights of the Wife over Her Husband
Chapter Five: On Marriages Prohibited by the Shari‘ah, Invalid Marriages, and Their Ruling
The Book of Divorce
The First Section on the Types of Divorce
The First Chapter on the Knowledge of Irrevocable and Revocable Divorce
Chapter Two: Distinguishing the Sunnī Divorce from the Bid‘ī
The Third Chapter on Khul‘
Chapter One: On the Permissibility of Khulʿ
Chapter Two: Conditions for the Validity of Khulʿ
The Third Chapter on the Type of Khul‘: Annulment or Divorce
Chapter Four: On the Rulings Related to Khul’
The Fourth Chapter on Distinguishing Divorce from Annulment
Chapter Five: On the Option and the Granting of Ownership
The Second Section on the Pillars of Divorce
The First Chapter on the Words of Divorce and Its Conditions
Chapter One: The Types of Unconditional Divorce Utterances
Chapter Two: On Restricted Expressions of Divorce
Chapter Two: On the Person Lawfully Permitted to Divorce
Chapter Three: On Women to Whom Divorce Applies and Those to Whom It Does Not
The Third Section on Reconciliation (Rajʿah) After Divorce
Chapter One: The Rulings on Rajʿah in Revocable Divorce
Chapter Two: On the Rulings of Reinstatement in Irrevocable Divorce
The Fourth Section on the Rulings Concerning Divorcees
The First Chapter on the Iddah
The First Chapter on the Iddah of Wives
The First Chapter on the Iddah of Wives
The Second Chapter on the Waiting Period of Those Whom the Right Hand Possesses
The Second Chapter on Mutʿah
The Book of Iʾlāʾ (Vow of Abstention)
The Book of Zihar
Chapter One: On the Expressions of Zihar
Chapter Two: Conditions for the Obligation of Expiation in Zihar
Chapter Three: On Whom Zihar Is Valid
Chapter Four: Concerning What Is Forbidden to Ostentatious Demonstrators
Chapter Five: Does Zihar recur with repeated marriage?
The Sixth Chapter: On the Commencement of the Vow of Abstention
Chapter Seven: On the Rulings of Expiation for Zihar
The Book of Mutual Cursing
Chapter One: On the Types of Claims That Entail It and Their Conditions
Chapter Two: On the Characteristics of Those Who Curse One Another
Chapter Three: On the Description of Li'an
Chapter Four: On the Ruling Concerning the Renunciation or Retraction of One of the Parties Engaged in Mutual Cursing
Chapter Five: On the Essential Rulings Necessary for the Completion of Li’an
The Book of Mourning
The Book of Sales
Part One: Types of Unconditional Sales
Part Two: The General Causes of Invalidity in Unconditional Sales
Chapter One: On Goods Prohibited from Sale
The Second Chapter on the Sales of Usury
Chapter One: On Matters in Which Preferential Treatment Is Forbidden and Women Are Not Permitted
Chapter Two: Knowing the Matters in Which Preference Is Permissible and in Which Women Are Not Permitted
Chapter Three: On Knowing What Is Permissible in Differentiation and Women
Chapter Four: On Determining What Constitutes a Single Category and What Does Not
Chapter on the Sale of Ribawi Commodities: Fresh Dates for the Same Kind of Dried Dates
The Sale of Food Before Taking Possession
Chapter One: The Conditions for Taking Possession in Sales
Chapter Two: On the Usufructs That Require Possession for Sale and Those That Do Not
Chapter Three: On the Difference Between Foods Sold by Measure and Without Measure
The Third Chapter on Sales Prohibited Because of Gharar
Sales Uttered or Heard
Chapter on the Unmentioned Sales
Chapter Four: On Sales with Conditions and Subsequent Sales
Sales with Conditions
Resales
Chapter Five: On Prohibited Sales Due to Harm or Unfairness
Chapter on a Man Selling Over His Brother’s Sale
Section on Meeting Travelers for Trade
Chapter on the Sale of the Present Commodity to the Absent Party
The Chapter on the Sale by Sham Bidding
The Sixth Chapter: On the Prohibition of Performing Acts of Worship Before Their Prescribed Times
The Third Part: The Causes of Validity in Unconditional Sales
The First Chapter on the Terminology of Buying and Selling
The Second Chapter on the Object of the Contract
The Third Chapter on the Contracting Parties
The Third Section on the General Rules of Valid Sales
The First Section on the Rulings Concerning the Existence of Defects in Sales
The First Chapter on the Rulings Regarding Defects in Unconditional Sale
Chapter One: On Identifying Contracts for Which a Ruling Is Required in the Presence of a Defect and Those for Which It Is Not
Chapter Two: On Identifying the Defects That Warrant a Judgment and the Conditions That Make It Necessary
Chapter Three: On Determining the Ruling Regarding a Defect Necessitating Rescission When the Sold Item Has Not Changed
Chapter Four: On the Categories of Changes Occurring After Purchase and Their Rulings
Chapter Five: On Judgment Concerning Divergent Rulings When the Contracting Parties Differ
The Second Chapter on the Sale of Disavowal
The second clause at the time of the sales guarantee
Chapter One: On the Knowledge of the Effective Causes of Epidemics
The Second Chapter: On Casualties in Sales
Chapter Three: On the Measure of What Is to Be Placed in It
Chapter Four: On the Time at Which It Is Prescribed
The Third Sentence: Sales Follow-Ups
Section One: The Sale of Date Palms and Their Fruit—When the Sale of the Principal Includes the Produce and When It Does Not
The Second Issue: Their Disagreement Regarding the Sale of a Slave’s Property
The Fourth Section on the Disagreement of the Parties to the Sale
Part Five: General Rulings on Invalid Sales
The Book of Morphology
The Book of Peace
Chapter One on Its Place and Conditions
Chapter Two: What May Be Demanded from the Salam Seller in Lieu of the Contracted Commodity
Chapter Three: The Differences Among the Contracting Parties in Salam
The Book of the Sale with an Option
The Book of Murabaha Sale
Chapter One: On What Is Included in the Price but Not in a Murābaḥah Sale
The Second Chapter on the Ruling Concerning Any Increase or Decrease in the Seller’s Declaration of the Price
The Book of the Sale of Female Slaves
The Book of Leases
Part One: The Types of Leases and the Conditions of Validity and Invalidity
The Second Part of this Book: On the Rulings of Leases
The Book of Making
The Book of Loans
The First Chapter on the Subject of Qirad
Chapter Two: The Issues of Conditions in Loans
The Third Chapter: The Discourse on the Rulings of Qard
The Book of Irrigation
The Book of Partnership
The First Pillar: The Subject Matter of Shirkat al-ʿInān in Capital
The Second Pillar: How to Divide Profit Between the Two Partners in Shirkat al-‘Inān
The Third Pillar in Understanding the Measure of Action in the Partnership of the Reins
The Book of Pre-emption
The First Section on the Obligation of Ruling by Pre-emption
The Second Section: The Discourse on the Rulings of Pre-emption
The Book of Distribution
Chapter One: On the Types of Division
The Treatise on the Second Section: The Distribution of Benefits
Chapter Two: On the Rules of Division
The Book of Pledges
The Treatise on the Pillars of Pledge
The Treatise on the Conditions of the Pledge
The Treatise in the Third Part of This Book, Namely the Treatise on the Rulings of Pledge
The Book of the Stone
Chapter One: On the Categories of the Legally Incapacitated
Chapter Two: When They Are Released from Guardianship, When Guardianship Is Imposed on Them, and Under What Conditions They Are Released
The Third Chapter on Understanding the Rulings of Their Acts in Rejection and Permission
The Book of Bankruptcy
The Book of Reconciliation
The Book of Guarantees
The Book of Debt Transfer
The Book of Agency
The First Chapter on the Pillars of Agency
Chapter Two: The Rulings on Agency
Chapter Three: On the Principal’s Acting Against the Agent
The Book of Lost Property
The First Chapter on the Pillars of Found Property
The Second Section on the Rulings of Found Property
Chapter on the Foundling
The Book of Deposits
The Book of Nakedness
The Book of Usurpation
The First Chapter on Liability for Wrongfully Seized Property
Chapter Two: Emergencies Regarding Usurped Property with Increases or Decreases
The Book of Merits
The Book of Gifts
The Book of Advice
The First Section: The Discussion on the Pillars of Wills
The Second Section: On the Rulings of Wills
The Book of Obligations
The Inheritance of the Cross
The Inheritance of Wives
The Inheritance of the Father and the Mother
The Inheritance of Maternal Brothers
The Inheritance of Full Siblings or Paternal Siblings
The Grandfather's Inheritance
The Inheritance of the Grandmothers
Chapter on the Veils
The Ruling on the Reversion to the Prescribed-Share Heirs
Does a Muslim inherit from a non-believer or an apostate?
The Mutual Inheritance of the Various Sects
The Inheritance of Pregnant Women
The Inheritance of Missing Persons
Inheritance of the Child of the Cursed Woman and the Illegitimate Child
Kinship Entitling to Inheritance
Do the children born of zina inherit from their fathers?
The Inheritance of the Killer
Chapter on Loyalty
The Book of Emancipation
The Book of Writing
The Pillars of Writing
The Rulings on Writing
The Conditions of Writing
The Book of Divine Providence
The Book of the Mothers of Children
The Book of Criminal Offenses
The Book of Retaliation
The First Section: On the Grounds of Qisas
Part Two: On the Obligation of Retribution
The Book of Wounds
The Book of Diyat Concerning Personal Injuries
The Book of Diyāt for Offenses Short of Homicide
The Cases in Which Diyya Is Obligatory, Other Than Loss of Life
The Treatise on the Diyāt of Incised Wounds
The Book of Qasamah
The Book on the Rulings of Fornication
Chapter One: On the Prescribed Punishment for Zina
The Second Chapter on the Categories of Adulterers and Their Punishments
Chapter Three: Knowledge of What Establishes this Immorality
The Book of Slander
Chapter on Drinking Wine
The Book of Theft
The Book of Highway Robbery
Chapter One: On the Examination of Highway Robbery
Chapter Two: On the Examination of the One Who Wages War
The Third Chapter Concerning What Is Obligatory upon the Warrior
Chapter Four: What Repentance Removes for the Highway Robber
Chapter Five: By What Is Ḥirābah Proven?
The Book of Judgments
Chapter One: On Knowing Whom One May Perform Qada’ For
Chapter Two: On Knowing What Is to Be Decided
Chapter Three: Concerning the Conditions by Which a Judgment Is Established
Chapter One: On Testimony
Chapter Two: On Oaths
The Third Chapter: Reluctance
The Fourth Chapter on Confession
Chapter Four: On Determining Against Whom or For Whom a Judgment Is Made
The Fifth Chapter on the Method of Judgment
Chapter Six: On the Time for Making Up Missed Prayers