VII. Analysis of the Taqrib of Abu Shuja Al-Ispahani
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VII
ANALYSIS OF THE Taqrib OF ABU SHUJA AL-ISPAHANI 1
Book I. Of Ceremonial Purity (Tahara)
1. The water which may be used for ceremonial ablutions.
2. Legal materials for utensils; what can be purified and what cannot.
3. The use of the toothpick.
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4. Description of the different stages of a ceremonial ablution (wudu).
5. On cleansing from excrement and its ritual generally.
6. The five things which require a fresh wudu.
7. The six things which require a complete ablution of the whole body (ghusl) and its ritual.
8. The seventeen occasions on which a ghusl is prescribed.
9. When it is allowable to wash the inner shoes (khuffs) instead of the feet.
10. The conditions and ritual for the use of sand (tayammum) instead of water.
11. On uncleannesses (najasat) and how and how far they can be removed.
12. On ailments of women; duration of pregnancy and their conditions.
Book II. Of Prayer
1. The times of prayer (salat).
2. Upon whom prayer is incumbent, and
3. On what occasions.
4. The antecedent requirements of prayer.
5. The eighteen essential parts of prayer.
6. The four things in which the prayer of a woman differs from that of a man.
7. The eleven things which nullify prayer.
8. A reckoning of the occurrences of certain frequently repeated elements in prayer.
9. On omissions in prayer.
10. The five occasions on which prayer is not allowable.
11. The duty and ritual of congregational prayer.
12. The prayer of a traveller.
13. The conditions under which congregational prayer is required and those under which it is lawful.
14. The requirements in congregational prayer.
15. The prayers of the Two Festivals and their ritual.
16. The prayers on occasion of an eclipse.
17. Prayer for rain.
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18. Prayer in presence of the enemy.
19. What is forbidden of clothing.
20. The ritual of the dead.
Book III. Of Rates for the Poor, etc.
1. The condition of the rate (zakat) and of the rate-payer; what it is levied on and consists of.
2. On camels.
3. On cattle.
4. On sheep.
5. How it affects partners.
6. On gold and silver.
7. On grain-stuff.
8. On merchandise.
9. The conditions and nature of the rate to be paid at the end of the fast.
10. Uses to which the rate may be applied.
Book IV. Of the Fast
1. The conditions for the fast (siyam); its description; what breaks it.
2. What is meritorious in fasting; when and for whom it is forbidden; how breaking the fast must be expiated.
3. The conditions and nature of religious retreat (i‘tikaf).
Book V. Of the Pilgrimage
1. The conditions of pilgrimaging (hajj); its essentials and other elements.
2. The ten things forbidden on pilgrimage.
3. The five sacrifices of the pilgrimage.
Book VI. Of Barter and Other Business Transactions
1. Conditions and kinds of barter (bay); what may be bartered and what not.
2. Description and conditions of the bargain with payment in advance (salam).
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3. Of pledging (rahn).
4. Of those who are not to be permitted to administer their own property (hajar as-safih).
5. Of bankruptcy and composition and common rights in a highway (sulh).
6. The conditions for the transfer of debts and credits (hawala).
7. Of security for debts (daman).
8. Of personal security for debts (kafala).
9. Of partnership (shirka).
10. Of agency (wakala).
11. Of confession (iqrar).
12. Of loans (i‘ara).
13. Of illegal seizure and use of property; indemnity for it and its damage (ghasb).
14. Of right of pre-emption (shuf‘a).
15. The conditions of advancing capital with participation in the profits (qirad).
16. Of the letting of date-palms and vines (musaqat).
17. Of hiring a thing out (ijara).
18. Of reward for return of a thing lost (ja‘ala).
19. That land may not be let for a fixed amount of its produce (mukhabara).
20. Of irrigation of waste lands (ihya al-mawat).
21. Of foundations in mortmain (waqf).
22. Of gifts (hiba).
23. Of found property (luqta).
24. Of foundlings (laqit).
25. Of deposits (wadi‘a).
Book VII. Of Inheritance and Wills
1. Of legal heirs (warith).
2. The conditions and proportions of inheritance (farida).
3. Of legacies (wasiya).
Book VIII. Of Marriage and Related Subjects
1. The conditions of marriage (nikah). What women a man may see and to what extent.
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2. The form of a legal marriage.
3. The conditions of asking (khitba) and giving in marriage; whom a man may not marry; conditions for nullity of marriage.
4. The settlement (mahr) on a wife by her husband.
5. On the wedding feast (walima).
6. On the equality of the rights of the wives and the authority of the husband.
7. On divorce for incompatibility (khul).
8. The forms of divorce (talaq).
9. On taking a wife back and the three-fold divorce.
10. The oath not to cohabit (ila).
11. The temporary separation by the formula, zihar Qur. 58.
12. The form of accusation of adultery and the defence (li‘an).
13. The period during which a previously married woman cannot remarry (idda).
14. Of relations with female slaves.
15. The support and behavior of a woman, divorced or a widow; mourning.
16. Law of relationship through suckling (irda).
17. The support (nafaqa) due to a wife.
18. The support due to children and parents, slaves and domestic animals.
19. Of the custody of children (hidana).
Book IX. Of Crimes of Violence to the Person (jinaya)
1. On murder, homicide and chance medley.
2. The lax talionis (qisas) for murder, and
3. For wounds and mutilations.
4. The blood-wit (diya).
5. Use of weak evidence in case of murder.
6. Personal penance for homicide.
Book X. Of Restrictive Ordinances of God (hadd)
1. Of fornication (zina) of one who. has been or is married (muhsan), and of one who has not been or is not married.
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2. Of accusing of fornication.
3. Of drinking wine or any intoxicating drink.
4. Of theft.
5. Of highway robbery.
6. Of killing in defence.
7. Of rebelling against a just government.
8. Of apostasy.
9. Of abandoning the usage of prayer.
Book XI. Of the Holy War (jihad)
1. The general law of jihad.
2. The distribution of booty taken in the field (ghanima).
3. The law of the tax on unbelievers (fay).
4. The law of the poll-tax on unbelievers (jizya).
Book XII. Of Hunting and the Slaughter of Animals
1. How an animal may be killed in the chase or otherwise.
2. What flesh may be eaten.
3. The ritual of sacrifice (udhiya).
4. The ritual of sacrifice for a child (aqiqa).
Book XIII. Of Racing and Shooting with the Bow
Book XIV. Of Oaths and Vows (yamin, nadhr)
1. What oaths are allowable and binding; how expiated.
2. Lawful and unlawful vows.
Book XV. Of Judgments and Evidence (qada, shahada)
1. Of the judge (qadi) and court usage.
2. The division (qasm) of property held in common.
3. Of evidence and oaths.
4. The conditions of being a legal witness (adil).
5. The difference of claims (haqq), on the part. of God, and on the part of man, and their legal treatment.
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Book XVI. Of Manumission of Slaves
1. General conditions of manumission (itq).
2. The clientship which follows (wala).
3. Of freeing at death (tadbir).
4. Of the slave buying his freedom (kitaba).
5. Of the slave (umm walad) that has borne a child to her master or to another and of her children.
Footnotes
351:1 See in bibliography, S. Keijzer, Précis, etc. Much help as to details of religious ritual and law will be found in Hughes's Dictionary of Islam, Sachau's Muhammedanisches Recht, Lane's Modern Egyptians, and commentary to his translation of the Arabian Nights, Burton's Pilgrimage, and Sell's Faith of Islam.
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