This document contains an index of topics from al-Shafi'i's Risala. It lists over 100 topics related to Islamic jurisprudence, including ablution, abrogation, adultery and its punishments, fasting, divorce, and more. For each topic it provides the page number where it is discussed in the Risala, and sometimes a brief description of what is contained on that page. The index allows one to quickly look up and find discussions of specific legal and theological issues in al-Shafi'i's influential text.
This document contains an index of topics from al-Shafi'i's Risala. It lists over 100 topics related to Islamic jurisprudence, including ablution, abrogation, adultery and its punishments, fasting, divorce, and more. For each topic it provides the page number where it is discussed in the Risala, and sometimes a brief description of what is contained on that page. The index allows one to quickly look up and find discussions of specific legal and theological issues in al-Shafi'i's influential text.
This document contains an index of topics from al-Shafi'i's Risala. It lists over 100 topics related to Islamic jurisprudence, including ablution, abrogation, adultery and its punishments, fasting, divorce, and more. For each topic it provides the page number where it is discussed in the Risala, and sometimes a brief description of what is contained on that page. The index allows one to quickly look up and find discussions of specific legal and theological issues in al-Shafi'i's influential text.
This document contains an index of topics from al-Shafi'i's Risala. It lists over 100 topics related to Islamic jurisprudence, including ablution, abrogation, adultery and its punishments, fasting, divorce, and more. For each topic it provides the page number where it is discussed in the Risala, and sometimes a brief description of what is contained on that page. The index allows one to quickly look up and find discussions of specific legal and theological issues in al-Shafi'i's influential text.
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Index of al-Shafi'i's Risala
Topic Who # Description
Ablution S 19 (p73) Precise definition is in Q 5:8-9 Ablution S 19 (p73) Washing once is required Ablution S 142 (p152) Muh's ablution explained Ablution S 681 (p324) All who wake up to perform prayer must perform ablution Ablution - qiyas S 681 (p324) Wiping of shoes is permitted, but not the wiping of the turban, veil, or gloves by analogy Abrogation S 101 (p123) A verse in the Qur'an can abrogate another verse; the sunna can't abrogate the Qur'an Abrogation S 101 (p125) When verses are deferred or made to be forgotten by another verse (Q 2:100) Abrogation S 101 (p125) Whatever is abrogated, God replaces with something better or the same (Q 2:100) Abrogation S 103 (p126) Only things of equal status can abrogate another Abrogation S 117 (p134) To repeal God's command (which was right at the time) and the repeal makes the abandonment right too Abrogation - Adultery S 123 (p138) Punishment for adultery/fornicators (scourging) abrogated to be different from fornicators (Adultery=stoning) Abrogation - Adultery S 232 (p199) Punishment, after abrogation of scourging, is stoning of adulterers Abrogation - Bequests S 130 (p143) "No bequest to a successor" is abrogated by Muh bequeathing slaves (Ibn Husayn tradition) Abrogation - Fighting S 121 (p136) 1 Muslim can overcome 10 unbelievers (Q 8:66) abrogated by 1 Muslim overcomes 2 (Q 8:67) Abrogation - Fornicating S 122 (p137) Punishment of confinement for fornicators (Q 4:19-20) abrogated by punishment of scourging (Q 24:2) Abrogation - qiblah S 116 (p133) Jerusalem qiblah abrogated for Ka'ba qiblah Abrogation - qiblah S 119 (p134) Qur'an testifies to the qiblah changing (Q 2:136) Abrogation - qiblah S 186 (p184) Jerusalem qiblah abrogated for Ka'ba qiblah Abrogation - Qur'an S 189 (p184) One knows which Qur'anic verses are abrogated by indications from the sunna Abrogation - Qur'an S 189 (p185) Can't abrogate the sunna; another sunna must be provided to abrogate a sunna Abrogation - Qur'an S 228 (p195) Sunna can specifically show which is abrogated and abrogating verses (e.g. Prayer of Fear tradition) Abrogation - Qur'an S 230 (p197) Abrogated and abrogating verses can be infered from the sunna (e.g. Punishment for adultery) Abrogation - Sunna S 182 (p180) A sunna can be abrogated by another sunna Abrogation - Sunna S 189 (p184) Sunna can't abrogate the Qur'an Abrogation - Sunna S 189 (p185) Qur'an can't abrogate the sunna; another sunna must be provided to abrogate a sunna Abrogation - Verses S 110 (p128) Q 73:20 abrogates 73:1-4 (Allows muslims to recite Qur'an when convenient instead of 1/2 the night) Addition S 17 (p71) 3+7=10; 30+10=40 (Q 2:192; 7:138) Adultery S 132 (p147) Husband can claim li'an and accuse wife of infidelity without witnesses and without punishment Adultery - Punishment S 83 (p106) Scourging with 100 stripes is punishment for free women (Q 24:2) Adultery - Punishment S 123 (p138) Punishment for slaves is 1/2 that of free people (Can only scourge, no stoning) Adultery - Punishment S 232 (p199) Punishment is stoning (changed from scourging) Age of Accountability S 69 (p98) There is an age where people become responsible for following and fearing God al-Bayan S p67 Perspicuous declaration al-kharaj S 712 (p330) Means profit al-riba S 217 (p191) Means usury al-shighar S 168 (p175) Guy A marries guy B's sister and guy B marries guy A's sister so dowry isn't paid; pre-Islamic practice aqila S 618 (p315) The killers male relatives are obligated to pay the diya aqila S 618 (p316) Can't pay less than 1/3 of the diya Arabic S 55 (p88) Arabic language has most richest and extensive vocabulary Arabic S 55 (p89) First language; if one speaks something else, its because they neglected Arabic Arabic S 62 (p93) Important to learn Arabic to recite the Qur'an, and pronounce takbir, tasbih, tashahhud, etc. Arabic S 193 (p185) Can give a varity of meaning for each word Arabs S 2 (p59) One of two groups that Muh was sent to witness to Arabs S 2 (p59) Said to be idol worshippers araya S 691 (p326) The sale of a branch with an estimated amount of dates on it Bequests S 130 (p144) Can't bequest to parents; their inheritance is already confirmed Bequests S 130 (p144) Can only be made to a person who is not a successor Booty S 84 (p106) 1/5 belongs to God and Muh (Q 8:42) Booty - Kinsmen S 84 (p106) Muh allowed Banu al-Muttalib and Banu Hashim to take his 1/5 share Children S 592 (p310) Children should be supported by their father Christians S 2 (p59) Claim the Messiah to be the son of God (Q 9:30-31) Cleanliness S 141 (p151) Comes from ghusl not ablution (Q 5:8-9; 4:46) Contradiction - Abrogation S 101 (p125) God's first revelation can't be considered perfect if something better can come about (Q 2:100) Contradiction - Abrogation S 90 v 101 90 - God keeps Muh from error, 101 - One sunna can abrogate another Contradiction - Duties S 42 v 51 42 - Can't perform duties for others; 51 - by some performing duty, others relieved of obligation Contradiction - Duties S,M S42 v M936 S - a person perform duties on the behalf of another; M - Son performs hajj for mom Contradiction - Foeticide S 428 v 697 428-Punishment for foeticide is 100 camels; 697-Punishment is ghurra (equal to 5 camels) Contradiction - Meat S 225 (p193) Can't eat after 3 days vs can preserve (Shafi says no contradiction - just abrogation) Contradiction - Prayer S 320 (p223) 318-Washing is obligatory for Friday prayer; 320-'Umar & 'Uthman didn't wash (See 'Error-Obligatory') Contradiction - Prophet S 5 (p62) Universal prophet vs. prophet for Arabs (Muh's kinsmen) Contradiction - Sunna S 262 v 352 262 - Meaning not word-for-word transmitted for sunna; 352-word-for-word makes transmitter reliable Contradictions S 21 (p75) Acknowledges contradictions between sunnas and Qur'an and sunna Crimes S 694 (p326) Legal distinction made between intentional and unintentional crimes Defecating S 307 (p218) Shouldn't face, or have back toward, Ka'ba or Jerusalem when defecating Disputes - After Muh's time S 89 (p113) Decided in accordance with Qur'an, then the sunna, then by analogy Disputes - During Muh's time S 88 (p112) Should be referred to God and Muh (Q 4:62) Divorce S 137 (p150) Divorce is final if a man declares divorce three times Index of al-Shafi'i's Risala Divorce S 756 (p342) Before divorce is final, couple must wait idda, then husband must decide whether to take the wife back Divorce S 756 (p342) The only way for a husband to show that he's taken his wife back is to have intercourse with her Divorce - Reconciliation S 137 (p150) Can't return to wife until nikah (she marries again, cohabits with husband, then he divorces her) Divorce - Reconciliation S 138 (p150) Wife wants to return to former husband (current husband's organ is "limp as a cloth's nap"), can't until intercourse Divorced Women S 727 (p334) Must wait for 3 periods after divorce before remarrying (Q 2:228) diya S 315 (p222) Means blood-money diya S 427 (p263) Wife can inherit husband's diya Drunkeness S 115 (p133) Can't pray when drunk (Q 4:46) Drunkeness S 115 (p133) Prayer by drunkard (Q 4:46) prohibited before drinking of wine prohibited Duties S 42 (p84) Can't perform duties on behalf of another Equal Compensation in Kind S 26 (p78) Compensation determined by finding an animal of the same size to replace a dead one Equal Compensation in Kind S 26 (p78) Must be determined by ijtihad Equal Compensation in Kind S 547 (p297) If game is killed on pilgrammage, compensation in the same kind of animal must be made Error - Obligatory S 320 (p223) Make obligatory mean optional so sunna's won't contradict concerning Friday prayer fasid S 166 (p174) Means invalid Fasting S 17 (p71) If one can't offer sacrifice on pilgrammage, fast for 10 days Fasting S 114 (p132) Excused from if traveling Fasting S 114 (p132) Obligatory 1 month out of 12; not obligatory in 11 out of 12 months Father S 592 (p310) By analogy of child support, children should support parents once retired Foeticide S 428 (p264) The killing of a fetus while in the womb Food - Prohibited S 161 (p170) Can't eat an already dead animal, swine, or things offered to other gods Food - Prohibited S 161 (p171) Can't eat animals with fangs Forgiveness S 696 (p327) God pardons the first offense; takes vengence out when offense is repeated (Q 5:96) Fornicating S 122 (p137) Punishment of confinement for fornicators (Q 4:19-20) abrogated by punishment of scourging (Q 24:2) Fornicating - Punishment S 232 (p199) Punishment is 100 strips by way of scourging gharar S 168 (p175) A type of sale that involves uncertainty; selling products without having them in possession ghurra S 697 (p328) A male or female slave; price is equal to 5 camels ghusl S 141 (p151) Complete washing ghusl S 142 (p152) The minimum requirement for washing is to wash limbs once God's Commands S 22 (p76) 3 catagories: Qur'an is sufficient, obedience to Muh's orders, and items only found in the Sunna God's Commands S 88 (p112) Must be obeyed and not questioned by men or women (Q 33:36) Hajj S 148 (p158) Required of all Muslims who can make it (Q 3:91) Hajj S 155 (p166) Pilgrimage Idda S 156 (p168) The amount of time a wife needs to wait before marrying again Idda - Divorced S 156 (p168) Divorced women should keep to themselves for 3 periods; no more periods=wait 3 months Idda - Divorced S 156 (p168) If a divorced woman is pregnant, time is after delivery Idda - Widows S 156 (p168) Widows should keep to themselves for 4 months and 10 days after husband's death (Q 2:234) Idda - Widows S 157 (p168) If a widow has baby after husband dies, no 'idda is necessary Idda - Widows S 162 (p172) Must abstain from marriage and must stay in deceased husbands house for 'idda ihsan S 126 (p140) Anything that may prevent indecency (e.g. Islam, marriage, chastitiy, etc) ijma S 27 (p78) Consensus ijma' S 480 (p285) Consensus ijma' S 481 (p285) The public consensus can determine if a sunna is from Muh ijma' S 481 (p285) True Muslims will follow the consensus of the community ijtihad S 13 (p68) Personal reasoning ijtihad S 491 (p288) If no indication to the right answer, Muslims should use ijtihad ijtihad S 542 (p296) Used to determine qiblah ijtihad S 551 (p299) If a judge makes right decision using ijtihad, then he is doubly compensated ijtihad S 551 (p299) If a judge makes wrong decision using ijtihad, then he is compensated once ijtihad S 559 (p300) Exercise ijtihad on the explicit meaning of text, not implicit ikhtilaf S 28 (p79) Disagreement ikhtilaf S 721 (p333) Prohibited if Qur'an and sunna are clear on the matter in dispute (Q 3:101; 98:3) ikhtilaf S 721 (p333) Not prohibited if decision is made by analogy, people will have differences Inheritance S 144 (p155) Muslims can't inherit from non-Muslims and vice versa Inheritance S 144 (p154) Men and women both get shares from parents (Q 4:8) Inheritance S 144 (p154) Bequests and debts must be paid before disbursment to family Inheritance S 145 (p156) Slaves, non-Muslims, and criminals have no rights of inheritance Inheritance - Heirs S 144 (p154) Mother gets 1/6 and father gets 1/6; if there are children Inheritance - Heirs S 144 (p154) No children, no siblings = mother gets 1/3 (Q 4:12-13) Inheritance - Heirs S 144 (p154) No children, with siblings = mother gets 1/6 (Q 4:12-13) Inheritance - Heirs S 144 (p154) For fathers and sons, God apportions Inheritance - Heirs S 144 (p154) Wife dies, no children = husband gets 1/2 Inheritance - Heirs S 144 (p154) Wife dies with children = husband gets 1/4 Inheritance - Heirs S 778 (p345) If sister is sole survivor, she gets 1/2 the estate Inheritance - Heirs S 778 (p345) Men get double inheritance of a woman (Q 4:175); if bro is sole survivor, he gets the whole estate Inheritance - Heirs S 799 (p347) A grandfather takes away the inheritance of the mother's near relatives Inheritance - Heirs S 813 (p349) Grandfather and brother's rights for inheritance are equal Inheritance - Murderers S 145 (p156) Murderers can't inherit from the one they killed; minimum penalty for murder=lose right of inheritance Index of al-Shafi'i's Risala Inheritance - No Heirs S 144 (p154) No heirs, the sibling gets 1/2 (Q 4:175) Inheritance - Slaves S 145 (p155) Can't own property; their master owns them and anything they have Insanity S 114 (p132) Excused from prayer until well, and don't need to make up missed prayers Insanity S 115 (p133) Not the same as drunkeness Islam S 9 (p63) Best community established among men by following Islam isnad S 352 (p240) Each transmitter must be reliable istibra' S 729 (p335) To make sure a woman is clear of pregnancy before having intercourse istibra' - Slave vs. Free S 729 (p335) Slave woman must wait 1 menstrual period before intercourse; free woman is 3 periods istidlal S 10 (p65) inductive reasoning istihasan S 16 (p70) No man should use this type of decision istihasan S 16 (p70) Initiating something without basing decision upon parallel example istihasan S 582 (p304) Means juristic preference istihasan S 582 (p304) Juristic preference shouldn't be used when Qur'an or sunna doesn't call for it istihasan S 585 (p306) Only permissable for scholars within the bounds of the narratives or analogy istinja' S 19 (p73) Cleansing with 3 stones Jews S 2 (p59) Are said to claim Ezra ('Uzayr) as the Son of God (Q 9:30-31) Jihad S 40 (p83) In the Torah, Gospel, and the Qur'an (Q 9:112) Jihad S 40 (p83) Fight against polytheists (Q 9:36; 9:5; 9:36) Jihad S 42 (p84) A kifaya Jihad S 42 (p84) God prefers those who fight over those who sit at home Jihad S 46 (p85) Can't fight, still relieved of punishment by others performing it (Q 4:97; 9:123) Judgment S 100 (p123) There is no reversal in God's judgment junub S 141 (p151) Pollution junub S 143 (p153) To be clean, must wash genital organs, perform ablution, and ghusl Kifaya S 42 (p84) A collective duty required of Muslims Kifaya S 46 (p85) If one honestly can't participate, relieved of punishment by others who do perform Kifaya S 51 (p86) As long as some perform, none fall into error Kifaya S 53 (p87) Examples - Jihad, knowing the law, attending funeral services, responding to greetings Killing - Intentional S 694 (p326) See Murder Killing - Unintentional S 694 (p326) 100 camels is the punishment for unintentional killing of a believer Killing - Unintentional S 694 (p326) aqila pays the diya for unintentional killing Knowledge S 10 (p65) Can be obtained through reading the Qur'an and deductive reasoning Knowledge S 533 (p293) God gave out knowledge to men in whatever way and how ever much he wanted Knowledge - Catagories S 13 (p68) There are 4 catagories knowledge falls under: texts, words of Muh, example of Muh, ijtihad Legal knowledge S 27 (p78) Derived from Qur'an, sunna, qiyas and ijma Legal knowledge S 28 (p79) Two catagories: ijma and ikhtilaf Legal knowledge S 30 (p81) Two kinds: one for the general public and analogy Legal knowledge S 495 (p289) Four types of knowledge, decisions based on Qur'an and sunna, that of specialists, ijma, and ijtihad Legal knowledge - Analogy S 34 (p82) Knowledge not in the Qur'an or in the Sunna; can have different interpretations Legal knowledge - General S 32 (p82) What is specified in the Qur'an or Sunna; can't be questioned li'an S 132 (p147) An oath of virtue by a husband to accuse his wife without evidence; marriage is dissolved Lunatics S 69 (p99) Are not obligated to follow God until they are better mansukh S 99 (p122) Abrogated verse Marriage S 166 (p174) Lawful if one has the consent of bride and groom, consent of bride's guardian, and witnesses Marriage - Prohibited S 158 (p169) Can't marry mom, daughters, sisters, aunts, bro's & sis's daughters, or those related by nursing (Q 4:27-28) Marriage - Prohibited S 158 (p169) Can't marry two sisters at the same time; but can marry at different times Marriage - Prohibited S 160 (p170) Can change if marital status change with people in your family Marriage - Prohibited S 167 (p175) Marriages such as al-shighar and mut'a are forbidden Marriage - Prohibited S 168 (p175) Can't marry while on the hajj Marriage - Prohibited S 168 (p175) Prohibited marriages are to be dissolved Marriage - Proposals S 331 (p227) A man can't propose to a woman who was already proposed to Mecca S 5 (p62) The Mother of cities Men S 293 (p215) Excuses that allow men to postpone God's commands - busy, forgot, sick Messiah S 2 (p59) Muslims recognize the son of Mary as Messiah (Q 9:30-31) Muhammad S 5 (p61) Was the most universal of God's prophets Muhammad S 5 (p61) Is the intercessor that is sought during judgment Muhammad S 5 (p61) Purest of God's creatures in soul Muhammad S 5 (p61) Possesses every character trait in spirit and temporal life pleasing to God Muhammad S 5 (p61) Best in ancestry and family Muhammad S 5 (p62) Sent to warn clan, nearest kin (Q 26:214) Muhammad S 6 (p62) Arab of the Quraysh tribe Muhammad S 8 (p63) Whenever God is mentioned in witness, Muh should be mentioned Muhammad S 9 (p63) His name is included in the shahadah Muhammad S 9 (p64) The dispatcher of every blessing Muhammad S 9 (p64) The defender against falsehood Muhammad S 21 (p75) Muh's words supplement the Qur'an - tells number of necessary prayers Muhammad S 87 (p112) God requires men to follow the orders of Muh Muhammad S 90 (p116) God preserves him from error and worldly success Index of al-Shafi'i's Risala Muhammad S 92 (p118) Muh has given the God's full revelation of what is allowed and prohibited Muhammad's Commands S 88 (p112) Must be obeyed and not questioned by men or women (Q 33:36) Muhammad's Commands S 90 (p114) Obeying Muh is like obeying God mukhbara S 443 (p272) Share-cropping mukhbara S 443 (p272) Share-cropping is prohibited Murder S 694 (p326) Offender must pay diya out of own property for intentional killing of a freeman Murder/Slaying S 660 (p322) A legal distinction is made that killing a person is a graver offense than killing an animal Musa S 440 (p270) Musa of the children of Israel is the Musa associated with al-Khidr mut'a S 168 (p175) Temporary marriage muzabana S 691 (p325) An exchange of a known quantity for an unknown quantity; may include riba muzabana S 691 (p326) araya is an exceptioin to the prohibition of muzabana nasikh S 99 (p122) Abrogating verse nikah S 137 (p150) Is not just marriage, but intercourse People S 71 (p99) Word can be applied to a minimum of 3 persons to all persons People of the Book S 2 (p58) One of two groups that Muh was sent to witness to People of the Book S 2 (p58) Charged with mixing lies into Tauwrat and Injel Persians S 3 (p60) Worshipped whatever they pleased (i.e. fish or beast or star or fire etc.) Prayer S 112 (p129) Only 5 prayers are obligatory Prayer S 114 (p132) Excused from if menstruating, insane, or unconscious Prayer S 115 (p133) Can't pray until purified; can't be menstruating, drunk, or junub (Q 4:46) Prayer S 115 (p133) Duty fulfilled with word, deed, and by abstention from forbidden acts Prayer S 115 (p133) Don't pray if one is in a state that they can't comprehend it (drunkeness, etc.) Prayer S 148 (p158) To take place at stipulated times (Q 4:104) Prayer S 148 (p158) Should pray 5 times a day Prayer S 148 (p159) Each prayer the Qur'an should be recited - sunset, evening, and dawn audibly; noon and 'asr inaudibly Prayer S 148 (p159) Consists of takbir, the recital, the bowing, two prostrations after each inclination, and taslim Prayer S 148 (p160) If one can't say prayers at appointed times, delay until you can and say them together Prayer S 297 (p216) Prayer must start at the prescribed time, but can vary in length Prayer - 'asr S 148 (p158) 4 rak'as repeated twice Prayer - Dawn S 148 (p158) 2 rak'as Prayer - Eclipse S 148 (p160) 1 rak'a added to eclipse prayer Prayer - Evening S 148 (p158) 4 rak'as repeated twice Prayer - Feast S 148 (p159) Bowings and prostrations must be same as rain prayer Prayer - Friday S 318 (p222) Complete washing is obligatory Prayer - Friday S 318 (p222) No one can go to the Friday prayer unless they have completely washed Prayer - Friday S 320 (p223) Umar and 'Uthman didn't wash before Friday prayer (which Muh said was obligatory) Prayer - Imam S 235 (p201) Imam should be followed; unless imam or you are sick/hurt Prayer - Noon S 148 (p158) 4 rak'as repeated twice Prayer - Optional S 148 (p159) Optional prayers must follow same procedures as obligatory prayers; except qiblah doesn't matter Prayer - qiblah S 148 (p159) Prayer must be said facing qiblah, unless prayer of fear Prayer - Rain S 148 (p159) Bowings and prostrations must be same as feast prayer Prayer - Sickness S 235 (p201) Prayer should be done standing; sitting if unable to stand (sick, hurt, etc.) Prayer - Sunset S 148 (p158) 3 rak'as Prayer - Traveling S 148 (p159) Prayer can be cut shorter if the prayer has 4 rak'as Prayer of Circumambulation S 339 (p233) Prohibited before sunrise or before sunset Prayer of Fear S 120 (p135) Can pray on foot or mounted if one is afraid (Q 2:240) Prayer of Fear S 149 (p161) One group of Muslims say prayers, while another group protects them, then switch Prayer of Fear - qiblah S 120 (p135) Direction of qiblah doesn't matter if afraid (Tradition) Prayer Time S 291 (p214) Praying earlier is more meritorious than being late Prayer Time S 291 (p214) If one misses prayer time, say prayer and ask pardon when remember Prayers S 336 (p230) 2 types of prayers - obligatory and optional Prayers - Prohibited S 338 (p232) Optional prayers can't be said before sunrise or before sunset Pregnant - Divorced Woman S 738 (p338) Once a divorced woman delivers, no more idda is needed to be observed Pregnant - Widow Woman S 738 (p338) A widow must wait the full idda, even if she delivers during the 4 months and 10 days Prohibitions S 166 (p173) Prohibited acts are deemed unlawful Prohibitions S 170 (p177) If a specific type of act is prohibited (e.g. marrying 2 sisters) doesn't mean act (i.e. marriage) is prohibited Property Damage S 696 (p327) Owner is responsible for protecting property against flocks during the day Property Damage S 696 (p327) Flock's owner is responsible for property damage at night done by his flock Prophets S 437 (p269) God sends to prophets, then a third to confirm as a proof of their validity Punishment - Abortion S 698 (p328) If fetus dies after abortion, 100 camels paid if male, 50 if female Punishment - Foeticide S 428 (p264) If someone causes a women to miscarry, 100 camels if fetus is alive, none if dead. Punishment - Foeticide S 697 (p328) Compensation for foeticide is a ghurra Punishment - Foeticide S 698 (p328) Killing of male and female fetus is the same punishment Punishment - Foeticide S 702 (p329) Child is not known if it was alive in womb, so offence is considered against the mother Punishment - Mutilation S 422 (p261) Umar gave the penalty for cutting off another's finger proportional to the functionality of the finger Punishment - Mutilation S 423 (p262) Each finger is worth 10 camels, hand=50 camels if damaged/cut-off (Abrogates 'Umar's decision (422)) Punishment - Mutilation S 689 (p325) Punishment for male and female thieves is to cut off their hands Punishment - Oaths S 696 (p327) Must fed 10 poor families or cloth them if a person breaks an oath (Q 5:91) Index of al-Shafi'i's Risala Punishments - Slave & Free S 671 (p322) Slaves and freeman are liable for the same penalty for offenses they commit qiblah S 14 (p69) Direction of prayer qiblah S 14 (p69) Established in the Qur'an; toward the sacred mosque (Mecca) qiblah S 14 (p69) People discover direction through ijtihad; what direction is Mecca from them qiblah S 24 (p77) Qiblah determined by either seeing mosque, or by ijtihad qiblah S 116 (p133) Moved from Jerusalem to Ka'ba qiblah S 117 (p134) No direction is allowed besides toward Ka'ba; except in fear of danger or traveling qiblah S 307 (p218) Can't face or have back toward Ka'ba or Jerusalem when going to the bathroom qiblah S 418 (p254) Toward Syria at one point qiyas S 27 (p78) Analogy qiyas S 27 (p79) Conditioned on Muh's permitted and prohibited acts qiyas S 491 (p288) ijtihad is qiyas qiyas S 491 (p288) If no indication to the right answer, Muslims should use ijtihad qiyas S 497 (p290) Those who apply don't always reach the same decision qiyas S 533 (p293) Determination of the qiblah for each individual is done by qiyas qiyas S 585 (p307) Must not be lacking in comprehension or knowledge of Arabic to perform analogy qiyas - Ablution S 681 (p324) Wiping of shoes is permitted, but not the wiping of the turban, veil, or gloves by analogy Qur'an S 58 (p90) Revealed in only Arabic (Q 14:4) Qur'an S 189 (p184) Sunna can't contradict the Qur'an Qur'an - Abrogation S 189 (p184) One knows which Qur'anic verses are abrogated by indications from the sunna Qur'an - Abrogation S 189 (p185) Can't abrogate the sunna; another sunna must be provided to abrogate a sunna Qur'an - Contradictions S 203 (p188) Sunna can't contradict Qur'an; can only spedify the general and particular verses Qur'an - Foreign Words S 55 (p88) No foreign words, just Arabs that don't know the whole language Qur'an - Reciting S 267 (p209) Qur'an was revealed in 7 different modes; one can recite which mode is convenient Raids - Killing S 312 (p221) Women and children can be killed, without punishment, during night attacks if unrecognizable Raids - Killing S 315 (p221) If believer killed on accident, set free a believing slave and pay diya Raids - Killing S 315 (p221) If can't free slave for retribution of accidental killing, fast for 2 months rak'a S 148 (p158) Cycles in prayer - standing, bowing, prostration, and sitting Ramadan S 136 (p149) Shafii knows of no tradition specifying Ramadan as the month of fasting Repeal S 101 (p124) "God repeals what He wills" (Q 13:39) Return - Milk animal S 713 (p331) 1 sa of dates must be paid to vendor if milk animal is returned for a defect Revelation S 100 (p123) Whatever duties God doesn't confirm are abrogated Rikaz S 154 (p166) Natural and hidden treasures Sacrificial Meat S 225 (p193) Can't eat from after three days Sacrificial Meat S 225 (p193) Can preserve and give to the poor Shahada S 86 (p 110) Includes belief in God and in Muh as God's messenger Sin - Gravest S 4 (p61) Disbelief in God and committing what he doesn't permit Slaves S 145 (p155) May be sold, given in gift, or bequethed as a chattel by their master Slaves S 712 (p330) Profit (al-kharaj) a slave produces belongs to the owner Slaves - diya S 647 (p321) Diya of a slave is equal to his price Sunna S 22 (p75) Purpose is to provide direction when something isn't described in the Qur'an Sunna S 23 (p76) Everything in it is clear explanations of the Word of God Sunna S 23 (p76) Follow the Qur'an, should follow the sunna Sunna S 90 (p115) Q 4:68 is sunna laid down by Muh, not a command in the text of the Qur'an Sunna S 94 (p 119) Muh's actions provided direction for issues that are in, and not in, the Qur'an Sunna S 96 (p120) Sunna has 3 catagories: clarifying the Qur'an with action, resolving ambiguities, actions by Muh not in the Qur'an Sunna S 97 (p121) Wisdom inspired by God Sunna S 101 (p124) Can't abrogate the Qur'an (Q 10:16-17) Sunna S 155 (p167) Never contradicts the Qur'an Sunna S 155 (p167) Binding upon Muslims Sunna S 189 (p184) Sunna can't contradict the Qur'an Sunna S 199 (p187) Muh urged men never to reject his orders for God gave him authority Sunna S 350 (p238) Should be taken as general statements unless another sunna makes specific Sunna S 459 (p279) Should be tested by examining the transmitters' reliability and look for supporting hadiths Sunna - Abrogation S 101 (p125) Abrogation applies to the sunna Sunna - Abrogation S 101 (p125) Can only be abrogated by another sunna Sunna - Abrogation S 182 (p180) A sunna can be abrogated by another sunna Sunna - Abrogation S 189 (p184) Sunna can't abrogate the Qur'an Sunna - Abrogation S 189 (p184) One knows which Qur'anic verses are abrogated by indications from the sunna Sunna - Abrogation S 189 (p185) Qur'an can't abrogate the sunna; another sunna must be provided to abrogate a sunna Sunna - 'A'ishah S 283 (p213) Traditions transmitted by 'A'ishah are more valid than ones that contradict her Sunna - Contradictions S 182 (p182) No contradictions, only incomplete transmissions or is from transmitter's imagination Sunna - Contradictions S 182 (p182) Contradictions should be compared to Qur'an and other sunna to authenticate one Sunna - Contradictions S 182 (p182) No contradictions exist that can't be explained Sunna - Contradictions S 203 (p188) Can't contradict Qur'an; can only spedify the general and particular verses Sunna - Contradictions S 247 (p204) If 2 sunna's contradict, follow one+D309 closest to meaning Sunna - Contradictions S 262 (p208) Transmitters were concerned with change, more than actual words Sunna - Contradictions S 280 (p212) Can abandon contradicting traditions if there are a greater # of authorities for one than another Index of al-Shafi'i's Risala Sunna - Contradictions S 285 (p213) Traditions consistent with the Qur'an are more reliable Sunna - Contradictions S 287 (p214) If Qur'an doesn't address, judge by which is better known authority Sunna - Contradictions S 350 (p238) Only contradictory if they are incapable of being harmonized and one sunna must be rejected to resolve Sunna - Contradictions S 445 (p273) Men argue, both quoting contradictory hadiths Sunna - General v. Specific S 350 (p238) General and specific sunnas must be seen as complimentary and not contradictory Sunna - Punishment S 413 (p250) Punishment for those who attribute something falsely to Muh - Hell Sunna - Reciting S 268 (p209) Can agree on meaning, but differ on wording as long as it doesn't change the meaning Sunna - Reliability S 352 (p239) Minimum proof for reliability is to have a isnad that goes back to Muh or one of his companions Sunna - Reliability S 360 (p241) Can accept some sunna based on inductive reasoning on the basis of the Qur'an Sunna - Single transmitter S 419 (p255) A sunna with only one transmitter is sufficient to abrogate; if transmitter is reliable Sunna - Single transmitter S 419 (p255) Qiblah changed and wine prohibited on strength of a single transmitter takbir S 62 (p93) "God is great" tasbih S 62 (p93) "God be praised" tashahhud S 62 (p93) The recital of the profession of faith taslim S 148 (p159) Salutations on the Prophet and his house; comes at end of prayer cycle Theft - Punishment S 83 (p106) Cut off culprits hand if steals from a secure place and it's worth more than 1/4 of a dinar Traditions S 413 (p251) Muh allowed Muslims to say what they wanted about Jews, but couldn't attribute Muh with false saying Transaction - Milk animal S 712 (p331) Milk is unknown quantity in an animal sold, so Muh fixed price of unknown quantity at 1 sa of dates Transactions S 332 (p228) A transaction can be cancelled as long as buyer and vendor haven't parted Transactions - Advanced sell S 348 (p237) Measure, weight and delivery time must be specified to sell in advance Transactions - 'ariya S 346 (p235) Can sell a branch with an estimated amount of dates on it Transactions - Fruit S 147 (p157) Sell pollinated tree, fruit belongs to vendor unless stipulated otherwise Transactions - Prohibited S 147 (p157) Unlawful to sell gold for gold (unless equal quantities) Transactions - Prohibited S 147 (p157) Unlawful to sell gold for silver, whether in cash or credit Transactions - Prohibited S 147 (p157) Unlawful to have sale that involves risk or concealment of anything by buyer Transactions - Prohibited S 168 (p175) gharar is prohibited Transactions - Prohibited S 168 (p176) Selling dry dates for fresh dates is forbidden Transactions - Prohibited S 332 (p228) A vendor can't sell to someone what he agreed to sell to someone else Transactions - Prohibited S 347 (p236) Can't sell a known for an unknown weight (e.g. dates for dried dates) Transactions - Prohibited S 348 (p237) Can't sell what is not in vendors possession (unless Advanced sell) Transmitters S 352 (p239) Must be reliable, confident in Islam, transmits word-for-word and not just meaning Transmitters S 360 (p241) Transmitters are considered witnesses to testimony, just like in a court case Transmitters S 370 (p243) Are considered truthful until evidence is found against their character Transmitters S 371 (p244) Shafi'i accepts the testimony of a man, but not his tradition Traveler S 114 (p132) Excused from fasting, but not prayer, while traveling Unbelievers S 149 (p161) Are Muslims manifest enemy (Q 4:102-103) Unbelievers S 429 (p265) Muslims are to fight unbelievers until they accept Islam Unchastity S 132 (p147) One who accuses a free woman without witnesses is punished by scourging Unconsciousness S 114 (p132) Excused from prayer until well, and don't need to make up missed prayers Unintentional Homicide S 618 (p315) Free Muslim unintentionally kills another Muslim - diya should be paid within 3 years (1/3 each year) by 'aqila Urinating S 307 (p218) Shouldn't face, or have back toward, Ka'ba or Jerusalem when urinating Usury S 214 (p190) God forbids usury (Q 2:276) Uterine Relatives S 785 (p345) A closer relatives in the view of the Qur'an (Q 8:76) Widows S 156 (p168) Widows should keep to themselves for 4 months and 10 days after husband's death (Q 2:234) Wills S 128 (p141) Are required for Muslims to make when near death (Q 2:176) Wills - Estate S 20 (p74) No more than 1/3 of estate should go to one person Wills - Estate S 20 (p74) Shouldn't distribute until debts are paid Wills - Estate S 130 (p144) Bequests can't exceed 1/3 of the estate Wisdom S 87 (p111) Means the sunna of Muh (Q 2:123; 4:113; 33:34) Witnesses S 16 (p70) Should call two men of just character Witnesses S 25 (p78) Must act in accordance with God's command to be considered of just character Wives S 167 (p174) Men are limited to 4 wives at a time Women S 166 (p173) Are lawful to men through marriage or if she's a slave girl Women - Menstruation S 113 (p131) Men must distance themselves from menstruating wives until purified (Q 2:222) Women - Menstruation S 113 (p131) Women must perform ablution after menstruation stops Women - Menstruation S 113 (p131) Women not allowed to circumambulate Ka'ba until purified Women - Menstruation S 113 (p132) Women are not purified from menstruation by ablution or washing; must wait until it stops Women - Menstruation S 113 (p132) Excused from prayer and don't need to make up missed prayers Women - Menstruation S 114 (p132) Are not excused from fasting Zakat S 148 (p158) Legal alms must be paid (Q 2:40, 77, 104, etc) Zakat S 154 (p165) Ordered alms payment once a year, at harvest time (Q 4:142) Zakat - Animals S 151 (p163) Should be paid on camels, sheep, and cows Zakat - Animals S 151 (p163) Not required on horses, donkeys, and mules Zakat - Crops S 151 (p164) Required for sown and planted products at a rate of 1/10 if naturally watered land; 1/20 if by a well Zakat - Crops S 151 (p164) Required for palm-dates, grapes and olives Zakat - Crops S 151 (p164) Not required for walnuts, almonds, figs, etc. Zakat - Crops S 152 (p164) Required of crops that are made into flour or bread, etc. Zakat - Crops S 152 (p165) If Muh didn't specify a crop, zakat is not required of it Index of al-Shafi'i's Risala Zakat - Metal S 153 (p165) Required on silver and gold Zakat - Metal S 153 (p165) Not required for brass, iron, and lead Zakat - Precious stones S 153 (p165) Not required for ruby and chrysolite Zakat - Rikaz S 154 (p166) Shall be 1/5, paid on the day they are produced
A Comparative Study of Adultery (Article 333 of The Revised Penal Code) and Concubinage (Article 334 of The Revised Penal Code), For The Proposal of Equal Penalties