الفقه المالكي

بداية المجتهد ونهاية المقتصد

Bidayatul Mujtahid

ابن رشد الحفيد

Halaman: 945
Judul: 487
ID: 21739

Daftar isi

69 bagian utama

This book introduces the rulings of purification from Hadath (impurity), which is categorized into three types: Wudu (ablution), Ghusl (ritual bath), and Tayammum (dry ablution). It serves as the overarching framework for the specific rulings of each purification method.

This book introduces ritual purity (Taharah) from minor impurity (Hadath), outlining the three types of purification: Wudu, Ghusl, and Tayammum. It comprehensively covers the rulings of Wudu, including its obligation, actions, conditions, water rulings, nullifiers, and the actions requiring purity.

This section covers the rulings of the ritual bath (ghusl) for major impurity, detailing its obligations, actions, and nullifiers. It addresses the conditions of ghusl such as rubbing (tadluk) versus pouring water (ifadah), and explores the specific rulings related to janabah, menstruation (hayd), postpartum bleeding (nifas), and irregular bleeding (istihadah).

This book covers the rulings of Tayammum (dry ablution) across seven chapters. It details what Tayammum substitutes, who may perform it, its conditions and method, permissible materials, its nullifiers, and the acts it permits. The chapters extensively discuss related juristic disagreements based on Quranic interpretations and hadiths.

This node introduces the Book of Purification from Impurities (Tahara), outlining its six chapters which cover the ruling on removing impurities, the types of impurities, the places and substances for removal, the methods of purification, and the etiquettes of Istinja. It also begins the first chapter by detailing the scholarly debate on whether removing impurities is obligatory (wajib) or recommended (sunnah).

This section introduces the Book of Prayer, structuring it into four main divisions: the obligation and proofs of prayer, its conditions for validity, its pillars and variations, and the rulings for making up missed prayers and compensating for errors.

This section outlines the conditions required for the validity and proper performance of prayer, structured across eight chapters. It covers essential prerequisites including prayer times, the call to prayer, Qibla direction, covering the awrah, purity, permissible and prohibited places, actions to abandon during prayer, and the intention (niyyah).

This chapter discusses the times of prayer, dividing them into commanded times (extended, preferred, and times of necessity) and prohibited times. It also introduces the broader section on the conditions of prayer, outlining its eight chapters.

This chapter covers the Adhan (call to prayer) and Iqamah, detailing their forms, legal rulings, times, conditions, and the listener's responses. It also addresses major scholarly disagreements on these topics, including debates over the obligation of the Iqamah.

This section covers the Adhan (call to prayer), detailing its form, legal ruling, time, conditions, and the listener's response. It outlines the major scholarly disagreements across these topics, including regional variations in the Adhan's wording and debates over its obligation.

This section covers the pillars of prayer, explaining how prayer obligations vary based on circumstances like congregation, travel, fear, and illness. It is structured into six chapters addressing individual, congregational, Friday, travel, fear, and sick prayers.

This chapter covers the rulings of congregational prayer (Salat al-Jama'ah), including its obligation, the conditions and qualifications for prayer leadership (Imamate), the positioning and obligations of the follower (Ma'mum), and the extent to which the Imam's actions or invalidations affect the followers.

This section covers the rulings for non-standard performance of prayer, specifically repeating invalidated prayers, making up missed prayers (qada), and compensating for prayer deficiencies through the prostration of forgetfulness (Sujud al-Sahw). It details the causes that invalidate prayer, the obligations for making up missed prayers, and the procedures for correcting additions or omissions during prayer.

This chapter covers the rulings on making up missed prayers (qada), detailing who is obligated to make them up, the manner of performing them, and how to compensate for forgotten parts of the prayer. It also addresses the permissibility of returning a greeting (salam) while praying.

This chapter covers the rulings on Sujud al-Sahw (prostration of forgetfulness), which is performed for additions, omissions, or doubt in prayer. It details jurisprudential disagreements regarding making up missed parts of prayer and the specific applications for both imams and followers.

This node introduces the rulings for making up missed parts of prayer due to forgetfulness and the prostration of forgetfulness (Sujud al-Sahw). It encompasses the causes of Sujud al-Sahw—such as additions, omissions, and doubt in prayer—along with the jurisprudential disagreements regarding its timing, manner, and application for both imams and followers.

This section introduces the second part of the Book of Prayer, which focuses on non-obligatory prayers (Sunnah, Nawafil, and Fard Kifayah). It outlines the specific prayers covered in the subsequent chapters, including Witr, Fajr Sunnah, supererogatory prayers, Tahiyyat al-Masjid, Tarawih, Eclipse, Istisqa', Eid, and Quranic prostration.

This book outlines the rights of the deceased over the living and the rulings concerning death and funerals. It encompasses six main areas: recommended actions at death, washing, shrouding, the funeral procession, the funeral prayer, and burial.

This chapter provides a comprehensive overview of Zakat, structured into five main topics: the persons obligated to pay, the types of wealth subject to it, the Nisab thresholds, the timing conditions (Hawl), and the eligible recipients. It establishes Zakat as an obligation confirmed by the Quran, Sunnah, and consensus, and details various juristic disagreements across these areas.

This section introduces the nisab (minimum threshold) for Zakat across various categories of wealth. It covers the nisab for gold and silver, livestock (camels, cows, and sheep), agricultural produce (grains and fruits), and trade goods, detailing the specific thresholds and major juristic disagreements for each category.

This book covers the rulings of Zakat al-Fitr, detailing its legal status, who is obligated to pay and on whose behalf, the types and amounts of food to be paid, the time of obligation, and the eligible recipients. It begins by addressing the scholarly disagreement on whether it is obligatory, a sunnah, or abrogated by general Zakat.

This node introduces the Book of Fasting, structuring it into obligatory and recommended fasting, and further dividing obligatory fasting into the fast itself and the rulings on breaking it. It encompasses the types of obligatory fasting, its pillars, rulings for those who break the fast, expiations, and the Sunnahs of fasting.

The Book of Hajj is structured into three categories: the preliminaries and conditions of obligation, the core pillars and rituals, and the subsequent rulings on violations and expiations. It begins by establishing the obligation of Hajj and its conditions, including scholarly differences on the validity of a child's pilgrimage.

This section introduces the pillars, actions, and prohibitions of Hajj and Umrah, concluding the debate on whether Umrah is obligatory or a Sunnah. It outlines the three types of Hajj (Ifrad, Tamattu, and Qiran) and details the core pilgrimage rituals, starting with Ihram and encompassing Tawaf, Sa'i, Wuquf at Arafah, Muzdalifah, and stoning the Jamarat.

This section covers the conditions of Ihram for Hajj and Umrah, including the spatial and temporal Miqat boundaries, the prohibitions applicable during the state of Ihram, and the types of pilgrimage (Ifrad, Tamattu, and Qiran). It also addresses the juristic debate on whether Umrah is obligatory or a recommended Sunnah.

This section covers the third category of Hajj rulings, focusing on violations, missed rites, and their corresponding expiations and penalties. It encompasses Ihsar (prevention), hunting penalties, Fidyah for harm, Kaffarah for Tamattu' and intercourse, missed Hajj, and the rules for Hady.

The Book of Jihad outlines the legal rulings of warfare, divided into the pillars of war and the rulings on enemy wealth. It covers the communal obligation of Jihad, conditions for fighting, truces, and the distribution of war spoils such as Khums and Fay'.

This section introduces the Book of Jihad and outlines the first major division concerning the pillars of war. It encompasses the legal ruling of Jihad as a communal obligation, the identification of enemies, permissible harms in warfare, conditions for fighting such as the call to Islam, rules on fleeing from battle, the permissibility of peace treaties, and the reasons for fighting non-Muslims.

This section covers the rulings on war spoils, conquered lands, and taxation in Islamic jurisprudence. It details the distribution of Khums, the combatants' four-fifths share, Anfal, Fay', Jizya, and the recovery of Muslim property from disbelievers. It also touches on the prohibition of traveling with the Quran to enemy territory.

This book covers the types of oaths in Islamic law and the rulings that lift binding oaths. It discusses permissible oaths, the debate over swearing by Allah versus other venerated entities, the distinction between unintentional and binding oaths, and the role of expiation (kaffarah) and exceptions (istithna') in annulling oaths.

This section covers the things that lift binding oaths and their rulings, divided into exceptions (istithna') and expiations (kaffarat). It discusses whether conditional statements constitute oaths or vows, the conditions for exceptions to affect oaths, and the rulings on expiations for broken oaths.

This book covers the rulings on vows (Nudhur), classifying them by wording into absolute and conditional, and by content into obedience, sin, disliked, and permissible acts. It details which vows are binding, the juristic disagreements regarding vows of sin and permissible acts, and the specific obligations and expiations required for different types of vows.

This book covers the rulings of the Udhiya (Eid sacrifice), detailing its legal status, the acceptable types and attributes of sacrificial animals, the rules and timing of slaughter, and the distribution of the meat. It highlights the juristic disagreements among the Maliki, Shafi'i, and Hanafi schools on these issues.

This book outlines the Islamic rulings on slaughtered animals (Dhaba'ih) across five chapters: the animal subject to slaughter, the method of slaughter, the instruments used, the conditions for validity, and the qualifications of the slaughterer. It details juristic disagreements on the effect of slaughter on various animal categories, required anatomical cuts, and the permissibility of slaughter by specific groups.

This book covers the rulings and regulations of hunting (Sayd) in Islamic law. It is structured into four chapters addressing the permissibility and subjects of hunting, the valid means and instruments used, the specific conditions for slaughtering game, and the conditions required of the hunter.

This book covers the Islamic jurisprudence of marriage (Nikah), structured into five chapters addressing its preliminaries, validity requirements, options for annulment, marital rights and obligations, and prohibited or invalid marriages. It details various juristic opinions on rulings, conditions, and rights within the Maliki school.

This chapter outlines the essential requirements for the validity of an Islamic marriage (nikah). It is structured around three pillars: the method of contracting the marriage, the conditions for its validity, and the subject of the contract, which includes legal impediments to marriage.

This section addresses the first pillar of marriage validity, focusing on the method of contracting marriage. It covers how consent is expressed, the required terminology for the contract, whose consent is necessary (spouses vs. guardians), the permissibility of option conditions (khiyar), and the effect of delaying acceptance.

This section details the second pillar of the marriage contract, outlining its essential conditions for validity. It covers the necessity and qualifications of marriage guardians (wali), the requirement of witnesses and prohibition of secret marriage, and the rulings governing the Islamic dowry (mahr).

This chapter discusses the role and rules of marriage guardians (awliya') in Islamic law. It covers the necessity of a guardian for a valid marriage contract, the required qualifications of a guardian, the order of priority among different guardians, and the rules regarding a guardian's refusal to allow marriage (adhl) and suitable matches (kufu').

This chapter comprehensively examines the Islamic dowry (Mahr), covering its essential rulings, pillars, and conditions of validity. It details the obligation of the full dowry upon consummation or seclusion, the halving of the dowry upon divorce before consummation, and the concept of an unspecified dowry (tafwid). Finally, it addresses invalid dowries and the resolution of spousal disputes over dowry quantity, type, and payment.

This section introduces the third pillar of marriage, which concerns the subject of the contract. It categorizes the 14 legal impediments to marriage into five permanent impediments (lineage, affinity, suckling, fornication, and li'an) and nine temporary impediments.

This chapter provides a comprehensive overview of divorce (Talaq) in Islamic jurisprudence, detailing its various types, essential pillars, and conditions. It also covers the rulings for revoking a divorce (Raj'a) during the waiting period and the specific regulations concerning divorced women, including Iddah and Mut'ah.

This section outlines the types of divorce in Islamic law, primarily distinguishing between revocable (raj'i) and irrevocable (ba'in), and Sunni and Bid'i divorce. It further explores wife-initiated divorce (khul'), the distinction between talaq and faskh, and the rulings on delegated divorce (tamlik) and giving the wife a choice (takhyir).

This chapter provides a comprehensive overview of Khul' (wife-initiated divorce through compensation), detailing its permissibility, conditions for validity, and classification as either talaq (divorce) or faskh (dissolution). It also covers related legal rulings, such as those concerning sick wives and guardians, while defining synonymous terms like Fidyah, Sulh, and Mubara'ah.

This section covers the pillars of divorce (talaq) in Islamic jurisprudence, detailing the required utterances, conditions, and legal competence for a valid divorce. It addresses the classification of explicit and metaphorical divorce expressions, the role of intention, and the specific rulings on who can issue a divorce and which women are affected by it.

This section outlines the rulings for divorced women, focusing on the Islamic waiting period (Iddah) and the consolation gift (Mut'ah). It details the conditions and durations of Iddah based on menstruation, pregnancy, and social status, and discusses juristic debates on the meaning of 'Quru' as well as the role of arbitrators in marital disputes.

This chapter covers the Islamic waiting period (Iddah), detailing its rulings for wives and slave concubines (milk al-yamin). It addresses the categories, durations, and conditions of Iddah based on menstruation, pregnancy, and social status, alongside juristic debates on the meaning of 'Quru' and related maintenance rulings.

This node introduces the Book of Zihar, outlining its basis in the Quran and Sunnah, including the case of Khawlah bint Malik. It provides an overview of the seven foundational chapters covering Zihar expressions, conditions and validity of expiation, prohibitions, interaction with remarriage and Ila', and the detailed rulings for expiation (kaffarah).

The Book of Li'an (mutual imprecation) establishes the legal framework for a husband accusing his wife of adultery or denying paternity, based on Quranic, Prophetic, and rational proofs. It covers the types of claims obligating Li'an, the qualifications and procedures for the spouses, and the legal consequences of refusal, retraction, and completion, including permanent marital separation and lineage denial.

This chapter introduces the Book of Sales, structuring the discussion into six parts: types of absolute sales, general causes of invalidity, general causes of validity, rulings of valid sales, and rulings of invalid sales. It classifies absolute sales into nine types based on the exchange of objects versus debts and immediate versus deferred delivery, noting the unanimous prohibition of debt-for-debt transactions.

This section introduces the general causes of invalidity (fasad) in absolute sales, identifying four intrinsic causes: prohibited objects, Riba (usury), Gharar (uncertainty), and invalidating conditions. It also notes external causes of prohibition, such as harm, deception, and time, before detailing specific categories of prohibited sales in subsequent chapters.

This chapter covers the rulings of Riba (usury) in sales and debts, categorizing it into Riba al-Nasi'ah (deferment) and Riba al-Fadl (excess). It explores the legal causes ('illah) for the prohibition or permissibility of disparity and deferment in exchanges, alongside the classification of items into kinds (asnaf) across the major Islamic schools of thought.

This chapter discusses sales prohibited due to harm or deception, such as selling over another's sale, intercepting caravans (Talqqi al-Rukban), a town-dweller selling for a desert-dweller (Bay' al-Hadir lil-Badi), and shill bidding (Najsh). It outlines the differing juristic opinions on the scope, validity, and legal consequences of these prohibitions.

This section introduces the general rulings for valid sales, categorizing them into four main topics: defects in sold items, transfer of guarantee/liability, items included in the sale, and buyer-seller disputes. It specifically details the rulings concerning defects, addressing the right to return defective goods in both absolute sales and sales with exemption conditions.

This section outlines the general rulings on defects in sold items, categorizing them into absolute sales and sales with exemption conditions. It establishes the buyer's right to return defective goods based on mutual consent and the Musarra hadith, and details the legal effects of defects, liability periods, changes to the item after purchase, and dispute resolution.

This section discusses when a buyer assumes liability (damana) for a sold item, contrasting the views of Abu Hanifa and Shafi'i with Malik's detailed categorization based on the type of sale and receipt (qabd). It also introduces al-Jawa'ih (crop damage), detailing the scholarly dispute over deductions for damaged fruits based on differing Hadith interpretations.

This section introduces the Book of Inheritance (Fara'id), outlining the rules for who inherits, their respective shares, and the three categories of heirs: blood relatives, spouses, and clients. It lists the ten male and seven female universally recognized heirs and details the dispute over the inheritance rights of distant kindred (Dhawi al-Arham).

This book examines the Islamic law of Hirabah (highway robbery/banditry), covering its Quranic origin, definition, the status of the offender (muharib), prescribed punishments, and the conditions for repentance. It also details the methods of proving the crime and addresses juristic disagreements across the Maliki, Shafi'i, and Hanafi schools regarding its application and penalties.

This book on the Islamic judiciary (Qada) outlines the qualifications required for judges, the bases of judicial decisions, and the scope of their jurisdiction. It also details judicial procedures, the timing of rulings, and various legal debates regarding judges and litigants.

Informasi kitab

Penulis: ابن رشد الحفيد
Wafat: 595
Kategori: الفقه المالكي
Tahun: 595

Data cetak

الكتاب: بداية المجتهد ونهاية المقتصدالمؤلف: أبو الوليد محمد بن أحمد بن محمد بن أحمد بن رشد القرطبي الأندلسي، الشهير بابن رشد الحفيد [ت ٥٩٥ هـ]خرج أحاديثه وحكم عليها: فريد عبدالعزيز الجنديالناشر: دار الحديث - القاهرةتاريخ النشر: ١٤٢٥ هـ - ٢٠٠٤ معدد الأجزاء: ٤ (في مجلدين)[ترقيم الكتاب موافق للمطبوع]

Biografi penulis

ابن رشد (٥٢٠ - ٥٩٥ هـ = ١١٢٦ - ١١٩٨ م)أبو الوليد، محمد بن أحمد بن محمد بن أحمد بن رشد القرطبي الأندلسي [المالكي]، الشهير بابن رشد الحفيد:الفيلسوف.يسميه الإفرنج [Averroes]عُنِي بكلام أرسطو، وترجمه إلى العربية، وزاد عليه زيادات كثيرة.ويلقب بابن رشد (الحفيد) تمييزا له عن (جده) أبي الوليد محمد بن أحمد (ت ٥٢٠)وصنف نحو خمسين كتابا، منها:«فلسفة ابن رشد - ط» وتسميته حديثة وهو مشتمل بعض مصنفاته،و «التحصيل» في اختلاف مذاهب العلماءو «الحيوان»و «فصل المقال فيما بين الحكمة والشريعة من الاتصال - ط»و «الضروري» في المنطق، [وله أيضًا: «الضروري في صناعة النحو» طبع بموريتانيا ٢٠٠٠ م ثم بمصر ٢٠١٠ م، و «الضروري في أصول الفقه»: وهو «مختصر مستصفى الغزالي» طبعتْه دار الغرب بيروت ١٩٩٤ م ونَبّهُوا على هذه الثلاثة في تقديمه ص ١٧]و «منهاج الأدلة» في الأصولو «المسائل - خ» في الحكمة«وتهافت التهافت - ط» في الرد على الغزاليو «بداية المجتهد ونهاية المقتصد - ط» في الفقهو «جوامع كتب أرسطاطاليس - خ» في الطبيعيات والإلهياتو «تلخيص كتب أرسطو - خ»و «علم ما بعد الطبيعة - ط»و «الكليات - ط» بالتصوير الشمسي، في الطب، ترجم إلى اللاتينية والإسبانية والعبريةو «شرح أرجوزة ابن سينا - خ» في الطب، في خزانة القرويين (الرقم ٢٧٨٦) بفاسو «تلخيص كتاب النفس - ط»ورسالة في «حركة الفلك».وكان دمث الأخلاق، حسن الرأي.عرف المنصور (المؤمني) قدره فأجله وقدمه.واتهمه خصومه بالزندقة والإلحاد، فأوغروا عليه صدر المنصور، فنفاه إلى مراكش، وأحرق بعض كتبه، ثم رضي عنه وأذن له بالعودة إلى وطنه، فعاجلته الوفاة بمراكش، ونقلت جثته إلى قرطبة،قال ابن الأبار: كان يفزع إلى فتواه في الطب كما يفزع إلى فتواه في الفقه.ومما كتب فيه: «ابن رشد وفلسفته - ط» لفرح أنطون، و «ابن رشد - ط» ليوحنا قمير، و «ابن رشد الفيلسوف - ط» لمحمد بن يوسف موسى، و «ابن رشد - ط» لعباس محمود العقاد.نقلا عن: «الأعلام» للزركلي