Disagreements in Hedaya Al-Marginani. Hedaya, Trans. by Charles Hamilton [Karachi, Pakistan: Darul Ishaat, 1989] Disagreements in Hedaya should be read in
the context of an article
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| . | Issue | Imam Abu Hanifah |
Imam Abu Yusuf |
Imam Muhammad | Other disagreeing Madhabs |
| . | . | . | . | . | . |
| h | Zakat not incumbent upon infants/minors or insanes [p. 3] | . | . | . | Shafi'i |
| h | Zakat not incumbent upon against whom there are debts equal to, or exceeding, the amount of his whole property [p. 4] | . | . | . | Shafi'i |
| h | If a man gives to the poor a portion of his Nisab property, without intention of Zakat, his obligation to Zakat drops with respect to such portion [p.9] | . | Disagrees | . | . |
| h | Whoever is possessed of a Nisab property, and obtains an addition of the same sort or species within the year, must add it to the Nisab, and pay Zakat upon the whole. [p. 19] | . | . | . | Shafi'i |
| h | Zakat is due upon the Nisab only, and not upon the exempt portion. [p.20] | . | . | Disagrees | . |
| h | A partial destruction of Nisab includes a proportionable exemption [pp. 23-24] | . | . | . | Malik |
| h | When the quality of gold exceeds 20 Miskals, ... Zakat due is a fortieth of the whole ... [p. 27] | . | Disagrees | Disagrees | . |
| h | Zakat is due upon gold and silver bullion, whether the use thereof be allowable or otherwise [p. 28] | . | . | . | Shafi'i |
| h | Gold and silver may be united in respect to their value [p. 30] | . | Disagrees | Disagrees | . |
| h | Declarations respecting property, when made upon oath, to be credited (for the first three parts only) [p. 32] | . | . | . | Shafi'i |
| h | The assertion of the proprietor is to be credited, whether he ought to produce his writing of discharge [p. 33] | . | . | Disagrees | . |
| h | If a Zimmee ... pass the station of a collector with wine and pork, the collector is to levy a tithe upon the former article, but no upon the latter [p. 36] | . | . | . | Shafi'i |
| h | Treasure is the property of him upon whom the Imam had bestowed the lands, originally, at the period of subjugation [p. 43] | . | Disagrees | . | . |
| h | Upon pearls and amber there is no fifth due. | . | Disagrees | . | . |
| h | A tithe due upon the product of lands watered by natural means, except a few items [p. 44] | . | Disagrees | Disagrees | . |
| h | Land watered by means of buckets, or machinery, or watering camels, are subject to half tithe (unconditionally) | . | Disagrees | Disagrees | . |
| h | Tithe is due upon honey where it is collected in tithe-lands. [p. 47] | . | . | . | Shafi'i |
| h | Allowance to the collector of Zakat in proportion to his labor [p. 54] | . | . | . | Shafi'i |
| h | Meaning/Definition of Fi Sabil ...[p. 54] | . | . | Disagrees | . |
| h | Zakat is not for the Dhimmis, but other alms can be bestowed upon them [p. 55] | . | . | . | Shafi'i |
| h | Zakat amount spent on the purchase of a slave, for the purpose of granting him his freedom, is not discharge of Zakat. [p. 56] | . | . | . | Malik |
| h | Not lawful to bestow any part of Zakat upon the rich, no exceptions. [p. 56] | . | . | . | Shafi'i |
| h | Not lawful for a proprietor to pay the Zakat upon his property to his wife [p. 57] | . | Disagrees | Disagrees | . |
| h | Zakat is discharged by the erroneous application of it to an improper person [p. 59] | . | Disagrees | . | . |
| h | If the children be possessed of property, their sadka-fitr is to be discharged out of that. [p. 63] | . | . | Disagrees | . |
| h | Not incumbent upon men to pay Sadaqa al-fitr on behalf of their male and female designed for sale as merchandise. [p. 64] | . | . | . | Shafi'i |
| h | No sadaqa al-Fitr is incumbent upon any of the proprietors, on account of two or more partnership slaves [p. 65] | . | Disagrees | Disagrees | . |
| h | It is incumbent upon Muslims to pay Sadaqa al-Fitr for their non-Muslim slaves [p. 65] | . | . | . | Shafi'i |
| h | The measure of a Sadaqa al-Fitr in wheat, or flour, or bran, or in dried fruits, is an half Sa'a [p. 67] | . | . | . | Shafi'i |
| h | In the above case, half sa'a is to be ascertained by weight [p. 68] | . | Disagrees | Disagrees | . |
| h | The sa'a consists of eight ratls. | . | Disagrees | . | . |
| h | The obligation to the performance of Sadaqa al-Fitr commences with the dawn of the morning of the festival of Fitr [p. 69] | . | . | . | Shafi'i |
| h | On the eve of the festibal of Fitr, the sadaqa al-Fitr would be due on account of the convert or the child [p. 69] | . | . | . | Shafi'i |
| h | If a man's child, or male or female slave, were to die on the last night of Ramadan, Sadaqa al-Fitr is not incumbent upon him on their account. | . | . | . | Shafi'i |
| h | In case of witness for marriage, evidence against an allegedly unacceptable witness is required [p. 74] | . | . | . | Malik |
| h | Integrity of the witness is an essential condition [p. 74[ | . | . | . | Shafi'i |
| h | If a Muslim marries a female non-Muslim subject in the presence of two male non-Muslim subjects, it is lawful [p. 75] | . | . | Disagrees | . |
| h | If a man commits adultery with a woman, her mother and daughter are prohibited to him [p. 81] | . | . | . | Shafi'i |
| h | If a woman touches a man in lust, the mother and daughter of that woman are thereby prohibited to him [p. 82] | . | . | . | Shafi'i |
| h | If a man repudiate his wife, either by a complete or a reversible divorce, it is not lawful for him to marry her sister until the expiration of her iddat [p. 83] | . | . | . | Shafi'i |
| h | Sabeans are part of Ahl al-Kitab and marriage with their women is permissible [p. 85] | . | Disagrees | Disagrees | . |
| h | It is lawful for a man or a woman to marry during the Ihram of pilgrimage [p. 85] | . | . | . | Shafi'i |
| h | It is unlawful for a man already married to a free woman to marry a slave [p. 86] | . | . | . | Shafi'i |
| h | If a man marry a slave during the iddat of complete divorce of another wife who is free, it is null [p. 87] | . | Disagrees | Disagrees | . |
| h | Four wives can be taken, in any combination of free woman or slaves [p. 88] | . | . | . | Shafi'i |
| h | A slave cannot take more two women as wives [p. 88] | . | . | . | Malik |
| h | If a man, having four wives, repudiate one of them, it is unlawful for him to marry any other woman during the term of that wife's iddat ... [pp. 88-89] | . | . | . | Shafi'i |
| h | A man may marry a woman pregnant by adultery [p. 89] | . | Disagrees | Disagrees | . |
| h | In case of marriage of the female slave, it is lawful for her husband to have carnal relationship with her immediately (before her purification from her first period) [pp. 90-91] | . | . | Disagrees | . |
| h | If a man marry two women by one contract, one of whom is lawful to him, the whole of the dower goes to the lawful bride [p. 92] | . | Disagrees | Disagrees | . |
| h | The authority of judicial decree extending both to appearance and reality [p. 93] | . | Disagrees | Disagrees | Shafi'i |
| h | An adult female may engage in the contract without her guardian's consent | . | Disagrees | Disagrees | Shafi'i; Malik |
| h | It is not lawful for a guardian to force into marriage an adult virgin against her consent [p. 96] | . | . | . | Shafi'i |
| h | If the signs of virginity be effaced even by fornication, yet she here also stands as a virgin [p. 99] | . | Disagrees | Disagrees | Shafi'i |
| h | If the husband should produce evidence in support of his silence, the marriage becomes established; if however, he has now evidence, then an oath must not be imposed upon the wife [p. 100] | . | Disagrees | Disagrees | . |
| h | The marriage of a minor, by the authority of their (any) paternal kindred, is lawful [p. 100] | . | . | . | Shafi'i; Malik |
| h | Minors given to marriage by (any) paternal kindred has an option of repudiation after puberty [p. 103] | . | Disagrees | . | . |
| h | If the female, given into marriage as a minor, remains silent when marriage is first mentioned to her, silence would be considered a consent [p. 104] | . | . | Disagrees | . |
| h | In defect of paternal relations, authority to contract marriage appertains to the maternal kindred [p. 107] | . | Disagrees | Disagrees | . |
| h | If a lunatic woman have two guardians, one her son and the other her father, the authority of disposing of her in marriage rests with the former [p. 110] | . | . | Disagrees | . |
| h | A family is not established by a retrospect short of the grandfather [p. 112] | . | Disagrees | . | . |
| h | Kafa' or equality in piety and virtue must be considered in marriage [p. 112] | . | . | Disagrees | . |
| h | Equality in respect to property is a condition of marriage [p. 113] | . | Disagrees | . | . |
| h | Equality in trade or profession is a condition | . | Disagrees | Disagrees | . |
| h | Parents can reject a marriage, if a woman contracts herself in marriage, consenting to less than a proper dower [p. 114] | . | Disagrees | Disagrees | . |
| h | If a woman give authority to a man to contract her in marriage with himself, and the marriage is executed in the presence of two witnesses, it is lawful [p. 116] | . | . | . | Shafi'i |
| h | In case of a marriage contract entered into by an unauthorized person, it is conditionally valid [p. 118] | . | . | . | Shafi'i |
| h | One person is not competent to act as an unauthorized person, either on behalf of both parties or as unauthorized for one party and a principal for the other is lawful [p. 119] | . | Disagrees | . | . |
| h | Case of the matrimonial agent exceeding or acting contrary to his commission is valid [pp. 120-121] | . | Disagrees | Disagrees | . |
| h | Marriage without any specified dower is valid [p. 122] | . | . | . | Malik |
| h | There is a minimum dower (ten dirhams) [p. 122] | . | . | . | Shafi'i |
| h | Where no dower is specified in the contract, and the husband dies, the wife receives her proper dower [p. 125] | . | . | . | Shafi'i |
| h | If a woman, married without any specification of dowry), is divorced before consummation, a present from the husband is incumbent [p. 125] | . | . | . | Malik |
| h | If dower is specified after the marriage, and he divorces her before consummation, she receives only a present [p. 126] | . | Disagrees | . | . |
| h | If additional dower is offered after marriage, and divorce before consummation occurs, the whole dower is obligatory [p. 127] | . | Disagrees | . | . |
| h | If a consummation is indicated by the fact that a man retired with his wife, the whole dower is due. [p. 127] | . | . | . | Shafi'i |
| h | If a majboob eunich retire with his wife, and afterwards divorce her, she is entitled to her whole dower [p. 128] | . | Disagrees | Disagrees | . |
| h | It is laudable to bestow a present upon every woman divorced by her husband, except ... | . | . | . | Shafi'i |
| h | If a person contract his daughter or his sister in marriage to another, on the condition of reciprocity, such conracts are lawful [p. 130] | . | . | . | Shafi'i |
| h | If a free man marry a woman, on the condition, in return, of serving her for a stated time, proper dower is still incumbent [p. 131] | . | . | Disagrees | . |
| h | If a man marry a woman on a dower of one thousand dirhams and the woman forgives or forsakes the whole thousand, and the husband afterwards divorces her before consummation, neither party would have any further claim on each other [p. 134] | . | Disagrees | Disagrees | . |
| h | If a man marry a woman, stipulating the dower at one thousand Dirhams, provided he should not carry her out of her native city, but stay and reside there with her, (or at two thousand otherwise), then dower is due as per the stipulation [p. 138] | . | Disagrees | Disagrees | . |
| h | If a man marry's a woman, agreeing to give her, as a dower, either of two slaves unspecified, even then proper dower in value is due [p. 139] | . | . | Disagrees | . |
| h | If a man marry a woman, assigning her, as a doewr, an animal undescribed, it is approved (with or without respect to proper dower) | . | . | . | Shafi'i |
| h | If a man marry a woman, assigning her, as a dower, a cask of vinegar, which turns out to contain wine, she has her proper dower [p. 143] | . | Disagrees | Disagrees | . |
| h | If the man were name, as a dower, a certain specified slave (but the slave turns out to be a free man), proper dower is due [p. 143] | . | Disagrees | . | . |
| h | Where a man marries a woman on a dower consisting of a specified slave and the slave dies before delivery, the value is not obligatory as dower [pp. 143-144] | . | Disagrees | . | . |
| h | If a man marry a woman, agreeing to give her, as a dower, two slaves specified, one of which turns out to be a free person, the woman gets only the single slave [p. 145] | . | Disagrees | . | . |
| h | In case of a child born of unlawful marriage, the time of descent is from the date of marriage [p. 148] | . | . | Disagrees | . |
| h | If the wife has deferred the whole dower, she is not at liberty to refuse carnal relationship with her husband [p.150] | . | Disagrees | . | . |
| h | Even if the wife already had carnal relationship, but the due dower has not been taken care, the wife may repeat the refusal [p. 151] | . | Disagrees | Disagrees | . |
| h | Even where the woman refuses to admit the husband to a repetition of the carnal act, she is entitled to her subsistence [p. 151] | . | Disagrees | Disagrees | . |
| h | In case of dispute about dower, if before consummation partly the declaration of the wife and partly that of the husband is to be credited. [p. 152] | . | Disagrees | . | . |
| h | Woman's proper dower is not at all regarded after the decease of both parties [p. 155] | . | Disagrees | Disagrees | . |
| h | When both spouses have died, woman's heir are entitled from the husband's estate, only if the arrangement has been specified [p. 155] | . | Disagrees | Disagrees | . |
| h | Where husband and wife both die before the lapse of any length of time, her heirs are entitled to proper dower [p. 156] | . | Disagrees | Disagrees | . |
| h | In case of a Christian man marrying a Christian woman without stipulating any dower, and subsequently the husband dies or divorces, the woman is not entitled to the proper dower. [p. 157] | . | Disagrees | Disagrees | . |
| h | If a Dhimmi marries a Dhimmi woman with a dower of wine or pork, and then one or both embraces the faith, the woman still would received what is specified [p. 159] | . | Disagrees | Disagrees | . |
| h | Slaves cannot marry without the consent of their proprietor [p. 161] | . | . | . | Malik |
| h | If a person desire his slave to marry such a female slave and he accordingly wed her by an invalid marriage and have carnal relationship with her, the slave shall be sold for the discharge of her dower [p. 163] | . | Disagrees | Disagrees | . |
| h | A slave can be given marriage by the master without any respect to slave's consent [p. 165] | . | . | . | Shafi'i |
| h | If a man marry his female slave to another person, and afterwards put her to death, before her husband has had carnal relationship with her, no dower is due from the husband [p. 166] | . | Disagrees | Disagrees | . |
| h | If a female slave marry with her owner's consent, and afterwards become free, she has an option to continue the marriage or break it off (regardless of whether her husband is free or slave) [p. 168] | . | . | . | Shafi'i |
| h | If a father enjoy the female slave of his son and she produces a child and the father claims it, the slave becomes his umm walid, dower is not obligatory [pp. 170-171] | . | . | . | Shafi'i |
| h | If a man marry his female slave to his father, and she produces a child, she does not become Umm Walid to the father, but such a marriage is permissible [p. 171] | . | . | . | Shafi'i |
| h | If a free woman, being the wife of a slave, should say to the proprietor of such slave: emancipate him with some consideration, the marriage is annulled [pp. 171-172] | . | Disagrees | . | . |
| h | If only one of the (non-Muslim) parties be converted to the faith, a separation follows; but if one only appeals, separation does not take place [p. 176] | . | Disagrees | Disagrees | . |
| h | If a husband converts to Islam, and upon magistrates' invitation, the wife refuses, a separation takes place (but this is not a divorce) [p. 177] | . | Disagrees | . | . |
| h | If a spouse converts to Islam, the magistrate should invite the other spouse to embrace [p. 177] | . | . | . | Shafi'i |
| h | Where the woman becomes a convert and her husband is an alien, she is not subject to any observance of Iddat [p. 180] | . | Disagrees | Disagrees | . |
| h | If either husband or wife becomes a convert to the faith in a foreign country, and afterwards remove thence into the Muslim land, a separation take place between them [p. 180] | . | . | . | Shafi'i |
| h | If a woman comes out of a foreign country into the Muslim land, and there becomes either a dhimmi or a convert to the faith, it is lawful for her to marry, and she is not obligated to observe an Iddat [p. 181] | . | Disagrees | Disagrees | . |
| h | If either husband or wife apostatize from the faith, a separation takes place, without divorce [p. 182] | . | . | Disagrees | . |
| h | Women have no right to partition while their husband is upon a journey; husband may choose to take any of them at his pleasure; however, drawing lot is preferable [p. 185] | . | . | . | Shafi'i |
| h | Prohibition is attached to fosterage, in whatever degree, if it is found within the usual period of infants subsisting at the breast [p. 187] | . | . | . | Shafi'i |
| h | The period of fosterage is thirty months [p. 189] | . | Disagrees | Disagrees | . |
| h | Prohibition is attached to the milk of the man [pp. 192-193] | . | . | . | Shafi'i |
| h | If the milk is drawn from the nurse's breast, and mixed with water, prohibition does not apply if water exceeds milk in quantity [p. 194] | . | . | . | Shafi'i |
| h | If the milk be mixed with other food, prohibition is not attached to it, even if the former exceed the latter in quantity [p. 194] | . | Disagrees | Disagrees | . |
| h | If the milk of one woman be mixed with that of another, the one with greater quantity would be considered prohibited [p. 195] | . | . | Disagrees | . |
| h | If milk be drawn from the breasts of a deceased woman, prohibition is attached to it [p. 196] | . | . | . | Shafi'i |
| h | The evidence of women alone is not sufficient to establish fosterage; nor can it be established but on the testimony of two men, or of one man and two women [p. 199] | . | . | . | Malik |
| h | Talak Husn (laudable divorce) is by three sentences (tuhr) of divorce [p. 202] | . | . | . | Malik |
| h | If the first divorce be given in the beginning of the month, the three months from that period are to be counted by the lunar calendar, and if in the middle of it, by the number of days, with respect both to the completion of divorce and of the iddat [p. 205] | . | Disagrees | Disagrees | . |
| h | If a man be desirous of repudiating his pregnant wife by three divorces in the regular way (counting estimated time for period) [pp. 206-207] | . | . | Disagrees | . |
| h | The divorce of one acting upon compulsion, from threats, is effective [p. 210] | . | . | . | Shafi'i |
| h | The utmost number of divorces, with respect to a female slave, is two, whether her husband be slave or free [p. 212[ | . | . | . | Shafi'i |
| h | Through certain expressions, no more than a single divorce can be effected, although the intention be more [p. 214] | . | . | . | Shafi'i |
| h | If the husband say to his wife "your hand" or "your foot" is divorced, divorce does not take place [p. 215] | . | . | . | Shafi'i |
| h | If a husband say to this wife "I am divorced from you," by this nothing is established, although divorce be the intention [p. 223] | . | . | . | Shafi'i |
| h | If a man says to his wife, "you are divorced once or not," divorce does not take place [p. 224] | . | . | Disagrees | . |
| h | If the person ... were to say to the female slave, his wife, "when tomorrow arrives you are under two divorces," it is not lawful for the husband to marry her again, until ... [p. 226] | . | . | Disagrees | . |
| h | Divorce pronounced with an expression of vehemence is irreversible in its effect [p. 229] | . | . | . | Shafi'i |
| h | If a man says to his wife "you are under a divorce like a mountain," a divorce irreversible takes place [p. 230] | . | Disagrees | . | . |
| h | Divorce, when pronounced with a similar, is always irreversible [p. 231] | . | Disagrees | . | . |
| h | If a man says to his unenjoyed wife, "if you enter the house you are divorced once and again, and she afterwards enter the house, a single divorce only takes place upon her [p. 234] | . | Disagrees | Disagrees | . |
| h | A number of certain types of expressions cause irreversible divorce [p. 240] | . | . | . | Shafi'i |
| h | If a man says to his wife "divorce yourself once," and she gives herself three divorces, nothing whatever takes place [p. 258] | . | Disagrees | Disagrees | . |
| h | If a man says to his wife "divorce yourself what you please, out of three," she is empowered to give herself one or two divorces, but not three [p. 264] | . | Disagrees | Disagrees | . |
| h | Where a man refers or annexes divorce to marriage, by saying to any strange woman, "if I marry you, you are divorced," divorce takes place on the event of such marriage [p. 265] | . | . | . | Shafi'i |
| h | If a man says to his wife, "if you enter this house you are under three divorces," and he afterwards repudiates her by two express divorces and her iddat is fulfilled, and she be afterwards married to another man in a consummated relationship and again divorced, and she be then married to her first husband, and after that she enter the said house, three divorces take place upon her [pp. 273-274] | . | . | Disagrees | . |
| h | A wife divorced by a dying husband inherits if he dies before the expiration of her iddat [p. 279] | . | . | . | Shafi'i |
| h | In case of any possible collusion between the parties, by the husband, after a declared divorce, acknowledging himself indebted to her, or bequeathing her a legacy, she receives whatever maybe of least value, for inheritance, debt or legacy [p. 281] | . | Disagrees | Disagrees | . |
| h | If a man, being in health, slander his wife (accuse her of adultery), and afterwards make asseveration respecting the same on his deathbed, she inherits of him [p. 287] | . | . | Disagrees | . |
| h | It is laudable that the husband have two witnesses to bear evidence to his Rija'at [p. 291] | . | . | . | Malik |
| h | If a man, having repudiated his wife by a reversible divorce, afterwards say to her "I take you back," and she replies "my iddat is past, the Rija'at is not valid [p. 292] | . | Disagrees | Disagrees | . |
| h | The power of Rija'at terminates where the woman performs the tayammum and repeats the usual prayers [pp. 294-295] | . | . | Disagrees | . |
| h | Carnal connection with a wife is not rendered illegal by a reversible divorce [p. 300] | . | . | . | Shafi'i |
| h | The first husband, recovering his wife, by an intervenient marriage, recovers his full power of divorce over her [pp. 304-305] | . | . | Disagrees | . |
| h | An equivocal expression of divorce, takes effect according to the husband's interpretation of his intention [p. 313] | . | . | Disagrees | . |
| h | If a woman says to her husband "divorce me thrice, upon my paying you one thousand dirhams," and the husband gives her one divorce, nothing is incumbent upon the woman [p. 319] | . | Disagrees | Disagrees | . |
| h | A proposal of Khula' made to the wife, with a reserve of option to the husband, in some cases invalid [p. 321] | . | Disagrees | Disagrees | . |
| h | A mutual discharge leaves each party without any claim upon the other [p. 323] | . | Disagrees | Disagrees | . |
| h | A Zihar is established independent of intention [p. 329] | . | . | Disagrees | . |
| h | If a man purchases his father or his son, intending expiation thereby, it suffices [p. 335] | . | . | . | Shafi'i |
| h | If a man emancipates half his slave, as an expiation of Zihar, and then have carnal connection with the wife upon whom he had pronounced the Zihar, and afterwards emancipates the other half, it is not valid as an expiation [p. 337] | . | Disagrees | Disagrees | . |
| h | If the expiator, either willfully or through forgetfulness, in the night, or from the latter cause, in the day time, should during the term of expiation have carnal connection with the wife upon whom he had pronounced the Zihar, he must again begin the fast anew [p. 338] | . | Disagrees | . | . |
| h | If a man expiates for two Zihars, distribute to each of sixty paupers a double proportion of victuals, yet this does not suffice for more than one Zihar [p. 341] | . | . | Disagrees | . |
| h | If, after imprecation, the husband should acknowledge that his accusation was false, by saying "I falsely laid adultery to her charge," he becomes privileged with respect to her, it is lawful for him to marry her as well as any other person [pp. 348-349] | . | Disagrees | . | . |
| h | If a husband deny the descent of the child upon the near approach of birth, or at the time where it is usual to receive congratulations, and to purchase clothes and make preparations for it, his denial holds good ... yet the descent of the child remains established in him [p. 352] | . | Disagrees | Disagrees | . |
| h | If the defect (impotence) be on the part of the woman, the husband has no right to annul the marriage [p. 357] | . | . | . | Shafi'i |
| h | If the husband be lunatic, reprous ..., yet his wife has no option, as in cases where he is an eunuch or impotent [p. 358] | . | . | Disagrees | . |
| h | If a man divorce his wife upon his deathbed, so as that she still inherits him, her iddat is four months and ten days [p. 360] | . | Disagrees | . | . |
| h | If an infant die, leaving a wife pregnant, her iddat is accomplished by her delivery [p. 363] | . | Disagrees | . | . |
| h | When a man, having repudiated his wife by an irreversible divorce, marries her again during her iddat, and afterwards divorces her before consummation, a complete dower is in thi scase incumbent upon him, and upon the woman an iddat de novo. [p. 367] | . | . | Disagrees | . |
| h | If a woman accompany her husband upon a journey, or on a pilgrimage to Mecca and he gives her three divorces upon the way, or die, leaving her in an uninhabited place, she must return to her own city ... whether she has mahram relationship accompanying or not [p. 375] | . | Disagrees | Disagrees | . |
| h | If a man repudiates, by an irreversible divorce, a wife who is under the age of puberty, ... and she brings forth a child after the expiration of nine months from the time of divorce, the parentage of the child is not established in him [p. 378] | . | Disagrees | . | . |
| h | If, upon the birth of a child, a dispute were to arise between the husband and wife, the wife's assertion does not require an oath [p. 382] | . | Disagrees | Disagrees | . |
| h | If the husband acknowledges the pregnancy, divorce takes place upon the woman independent of the evidence of others [p. 383] | . | Disagrees | Disagrees | . |
| h | A boy or girl, having passed the period of Hizanit, have no option to be with one parent in preference to the other, but must necessarily remain in charge of the father [p. 389] | . | . | . | Shafi'i |
| h | If a man's wife be so young as to be incapable of generation, her maintenance is not incumbent upon him, because although she should be within his custody, yet as an obstacle exists in her to the carnal embrace, this is not the custody which entitles to maintenance [p. 395] | . | . | . | Shafi'i |
| h | A poor husband is not required to find maintenance for his wife's servants [p. 397] | . | Disagrees | . | . |
| h | If a husband becomes poor, unable to provide maintenance for his wife, still they are not to be separated [p. 397] | . | . | . | Shafi'i |
| h | If a man gives his wife one year's maintenance in advance, and then die before the expiration of the year, no claim lies against the woman for restitution of any part of it [p. 399] | . | . | Disagrees | . |
| h | Where a man divorces his wife, her subsistence and lodging are incumbent upon him during the term of her iddat, whether the divorce is reversible or irreversible [p. 406] | . | . | . | Shafi'i |
| h | Definition of the term "rich" [p. 415] | . | . | Disagrees | . |
| h | If a man apply emancipation to any specific part of the body which is not explained to imply the whole person, it has no effect [p. 423] | . | . | . | Shafi'i |
| h | A slave partially emancipated must work out the remainder of his freedom [p. 437] | . | Disagrees | Disagrees | . |
| h | Manumission by one partner of a share in a partnership slave induces his complete emancipation, upon his performing emancipatory labour in the other partner [p. 440] | . | Disagrees | Disagrees | . |
| h | The father must indemnify his partner for half the value of the slave, if he be rich, or, if not, that the slave does not need to perform labor in such proportion to his father's partner [p. 448] | . | Disagrees | Disagrees | . |
| h | The Willa of the slave would be divided among the three partners, according to the proportions which they retained in the slave at the time of his final emancipation [p. 452] | . | Disagrees | Disagrees | . |
| h | If a female slave be held in partnership by wo masters, and one of these should declare the said slave to be an Um-Walid to his partner, and the partner deny this, she doesn't owe emancipatory labor to the denying partner [pp. 452-453] | . | Disagrees | Disagrees | . |
| h | If a man, addressing himself to his two female slaves, should say "one of your is free," and afterwards have carnal connection with one of them, yet the other is not emancipated [p. 460] | . | Disagrees | Disagrees | . |
| h | Evidence to the emancipation of a male slave to be inadmissible, without a claim being entered by the slave himself [p. 462] | . | Disagrees | Disagrees | . |
| h | If a man says, "every slave of mine, when I die, is free", even any slave coming to his possession after the death would be free [p. 467] | . | Disagrees | . | . |
| h | If a man liberates his slave for a service of four years, by saying "you are free if you perform service to me for the space of four years," and the slave agrees and the master thereupon dies, the slave owes the remainder of the period of agreement [p. 472] | . | . | Disagrees | . |
| h | If a master should sell his slave into the hands of that slave, in lieu of a female slave, and the said female slave happens, on the instant, to die, the master has a claim upon the male slave for the value of the person [pp. 472-473] | . | . | Disagrees | . |
| h | It is unlawful to dispose of, or to transfer, a Modabbir, either by sale or gift [p. 475] | . | . | . | Shafi'i |
| h | The parentage of a child born of a | ||||