PART TWO : TRANSACTIONS
Prelude: Means of Ownership
(A) Qualification for
control/disposal/usage of ownership
(B) Guardianship (wilāyeh) of those
who lack the qualification of independence
(C) The condition that no harm is done to others
(D) Conditions in the case of illness
(E) The virtues and manners of earning
SUB-PART ONE
UNIT ONE: Ownership of Originally Free/Ownerless Things
(Temallok al-Ard al-Mawāt and al- Ihayā’)
Section One: Ownership of Wasteland (mawāt) by
Restoration, Cultivation etc (Ihayā’)
Section Two: Ownership of Natural Resources
Chapter 1: Possessing animals and making them allowed
(by slaughter or hunting) (Tazkiyah)
(A) The means of ownership of an animal
(B) Animals allowed to be eaten
(C) Making animals allowed
(by slaughter or hunting)
Epilogue: How to ascertain that
tazkiyah has taken place
Chapter 2: Possessing water and minerals
Epilogue: Roads and public amenities
Section Three: Rent and Payment of Reward
(Al-Ijāreh and Al-Jo‘āleh)
Introduction on allowed and forbidden work
Chapter 1: Hiring people for their services
(A) The contract and the contracting parties
(B) Commitment to the contract
and causes of its invalidation (faskh)
(C) Rulings regarding carrying out
and handing over the work
(D) Rulings regarding damage (talaf)
and rendering defective (ifsād)
Chapter 2: Rent/lease (ijāreh) of assets
(A) Conditions of the rented/leased asset
(B) Commitment to the contract
and causes of its invalidation (faskh)
(C) Handing over (taslīm) rulings
Chapter 3: Payment of Reward (Jo‘āleh)
UNIT TWO: Gifts (Al-Hibāt)
Section 1: The gift (Al-Hibah)
Section 2: The loan
Section 3: The will (Al-Wassiyyah)
(A) Types of wills
(B) The form (Assighah) of the will
(C) Conditions for the person
making the will ( the testator)
(D) The persons towards whom the will is directed
(E) The amount of things given in the will
(F) The executor (al-Wassi)
Section 4: Entailment (Al-Waqf)
(A) Types of waqf and its form
(B) Basic elements of the waqf
(C) The person making the waqf/entailer (al-Wāqif)
(D) The asset made waqf
(E) The beneficiary
(F) Disposal of the waqf
Epilogue: entailment and its 'sisters'
UNIT THREE: Purchase and SalePrelude: Forbidden trading
Section 1: Purchase and Sale (Al-Biyū‘)
Chapter 1: Cash sale (al-Bay‘ an-Neqdī)
(A) Form and conditions
(B) Commitment and revocation
Addition in iqālah (agreed invalidation)
Chapter 2: Postponed-payment sale
Chapter 3: Lending sale
Chapter 4: Transaction interest (ribā)
(A) Selling things measured
by weight and measure(ing vessel)
(B) Exchange sale
Section 2: Mutual Agreement
SUB-PART TWO: Matters Relating to Ownership
Section 1: Companies (Ash-Shirkāt)
Section 2: Speculation (Al-Modārabah)
Section 3: Pre-emption (Ash-Shof‘ah)
Section 4: Loans and Debts (Al-Qard and Ad-Dayn)
Chapter 1: Loans
Chapter 2: Debt
(A) Postponement and its rulings
(B) Paying back the debt
C) Unilaterally-performed compensation
(D) Selling the debt
(E) Bankruptcy (/iflās)
Section 5: Mortgage (Ar-Rahn)
Section 6: Guarantee (Al-Kafālah)
Section 7: Security (addamān)
Section 8: Transfer (Al-Hewāleh)
Section 9: Banking Transactions
(A) On the Islamic lawfulness of the
banking transactions and services
(B) Deposits
(C) Lending
(D) Opening a letter of credit (LC)
(E) Acting as middleman (wesatah)
in business transactions
(F) Collecting IOU’s and paying off debts
(G) Guarantee (kafālah)
Section 10: Deposits (Al-Wadī‘ah)
Section 11: Things Lost and Found
(A) Rulings for foundlings
(B) Animals
(C) The asset l
Section 12: Misappropriation (Al-Ghasb)
(A) Returning misappropriated assets
(B) Compensating benefits
(C) Security of rights
Additional rulings
Section 13: Compensation for Damage (Dmān At-Tālaf)
(A) Damage that makes compensation obligatory
(B) How to pay compensation
Section 14: Power of Attorney (Al-Wekālah)
Addendum on the law profession
Section 15: Admission (Al-Iqrār)
Section 16: Oaths, Covenants and Vows
(Al-Yemīn, Al-‘Ahd and An-Nazr)
(A) Oaths
(B) Vows
(C) Covenants
Section 17: Atonements (Al-Kaffārāt)
Section 18: Food and Drink (Al-at‘imah and Al-Ashribah)
SUB-PART THREE: Marriage and Family
Section 1: The Marital Relationship
Prelude: The man-woman relationship
Chapter 1: Characteristics of the spouses/husband and wife
(A) Suitability (kefā’a) in religion
(B) Relatives whom it is forbidden to marry
(C) Who it is forbidden to be married to
for reasons other than kinship
Chapter 2: The contract and the contract parties
(A) Form and conditions
(B) Invalidation (butlān) and revocation (faskh)
Chapter 3: The consequences of marriage
Addendum on īlāq
Chapter 4: Ancestry, pregnancy and custody
(An-Naaeb, al-Haml and al-Hidanah)
(A) Ancestry
(B) Pregnancy and giving birth
(C) Breastfeeding
(D) Custody
(E) Maintenance from relatives
Addendum on term marriage
Section 2: Types of Divorce
At-Talāq, Al-Khol‘ and Al-Mobārāt
Chapter 1: Divorce
(A) Conditions of divorce
(B) Conditions of the two parties
(C) Types of divorce
(D) Mutiple divorces
(E) The ‘iddeh
(F) The wife whose husband is missing
Chapter 2: Divorce upon payment (Al-Khol‘ and Al-Mobārāt)
Addendum on Adh-Zehār and Al-Li‘ān
Section 3: Inheritance (Al-Mīrāth)
Chapter 1: Conditions for the heir/legatee
and the deceased/legator
Chapter 2: The inheritance of the groups
(A) The inheritance of the first group
Addendum
(B) The inheritance of the second group
(C) The inheritance of the third group
Addendum on the inheritance of the husband and the wife