Subject Index English Translation of Kitab Minhaj al-Talibin of Nawawi
Title of book: Minhaj al-Talibin wa Umdat al-Muftin (منهاج الطالبين وعمدة المفتين في الفقه)
Author: Imam Nawawi
Full name: Imam Muhyiddin Abi Zakariyya Yahya ibn Sharaf al-Nawawi (أبو زكريا يحيى بن شرف بن مُرِّيِّ بن حسن بن حسين بن محمد جمعة بن حِزام الحزامي النووي الشافعي)
Born: Muharram 631 AH/ October 1233 Nawa, Ayyubid Sultanate
Died: 24 Rajab 676 AH [9]/ 21 December 1277 (age 45) Nawa, Mamluk Sultanate
Resting place: Nawa, present Syria
Translated into English by: E. C. HOWARD
Field of study: sharia, Islamic law, fiqh, Islamic jurisprudence of Shafi'i's school of thought
Type of literature: classical Arabic
Contents
- Subject Index
- Return to: Minhaj al-Talibin of Imam Nawawi
SUBJECT INDEX
Abetment, , , .
Ablution, essentials of, ; with
rand, ; of a corpse, , .
Abortion, .
Abstinence, during
Ramadan, ; during ihram, .
Acceptance, of a legacy, ; of
an offer of marriage, ; of
divorce, ; of a contract of enfranchisement, .
Accidents, responsibility
for, .
Accouchement, after separation, .
Accusation, of a crime, .
Administration, of a wakaf, ;
of justice, ; of estatos, .
Admissions, ; of paternity, ;
of guardian or brido, .
Adultery, accusation of, ; proof,
; punishment, , .
Advance,
sale by, .
Affinity, by marriago, .
Agent, appointment of, ;
duties of, ; powor of
attorney, ; revocation of, .
Agnato, in distribution of
ostates, ; bride’s guardians at
marriago, ; responsible for prico
of blood, .
Alms (see Charity), .
Amputation, crimes punishablo with,
; how carried out, .
Animals, that
may bo soized when found
straying, ; must bo woll treatod,
; slaughter of, ; that may be eaton, .
Apostasy, ; proof,
proceedings, result, ; property of
apostato, , .
Appearance, of parties
in court, .
Arabic languago, to
bo used for uttering the takbir , ,
the tashahud and the prayer for the Prophet, ; and for the sermons
at public prayer, .
Arbitration, in
case of conjugal discord, ; in
legal proceedings, .
Armistices, .
Army, at prayor, ; how supported,
.
Arrost, of defendant not
appearing upon summons, .
Bail, .
Banishment, a punishment for fornication, ; for brigandago, .
Bankrupt, marriage of, .
Bankruptcy, ; sale and distribution
of bankrupt’s property, ; absolute
insolvency, ; right of reclamation,
; assistance from charity tax, .
Barter, or sale, .
Bathing,
whon nocossary, ; when recommonded, , .
Boveragos, forbidden, .
Bior,
, .
Bigamy, .
Blood, prico
of, .
Booty, , , .
Brigands, .
Broker, proceedings
against, .
Burdon of proof, .
Burial, , .
Calendar,
commercial, .
Calls to prayer,
; at public worship, ; at birth, .
Camols, tariff of, for payment
of tax, , .
Canals, for
irrigation, .
Capitation tax, , .
Capitulation, of infidels, , .
Captives, .
Cemetery, .
Charity, voluntary, to bogin at home
with family, ; obligatory, , .
Charity-tax (zakat), ; on
eattlo, ; essential
conditions, ; on produce, ; rate
of assessment, ; valuation, ;
on gold and silver, ; on mines,
; on treasure trove, ;
on merchandise, ; at the close
of Ramadan, ; from whom and
on what due, , ; how
paid, ; when paid, ; distribution of
procoeds, ; at double rates, whon
paid by infidels, .
Chastisement,
corporal, by schoolmaster, etc., .
Children : foundlings, ; posthumous, ; upbringing of, : guardianship, ; illegitimate, , ; education and custody of, , ;
weaning of, ; first shaving of
head, ; naming of, .
Christian
woman, may marry a Moslem, ; price
of blood of, .
Churches, building
of, , .
Circumcision, how and
when effected, .
Claim, for return
of a definite object, ; in the
alternative, ; must be precise, .
Clothes, of silk, ; to
be supplied to wife by husband, .
Cognates, defined, .
Collisions, .
Combination of prayers, ; of contracts, .
Community, joint responsibility
of, for
certain duties, .
Companies,
.
Comparison, injurious, .
Complaint, .
Compounding, of
offencos, .
Compromise, .
Concession, of land, ; of
mines, .
Confession, of faith
; of theft, ; by slaves, .
Confiscation of apostate’s property, .
Conjugal rights, restitution of, .
Consent of woman to her
marriago, , .
Continency, oath of, .
Contracts, may be combined, ; of hiring, ; of enfranchisement, .
Conversion, of infidels, and
marriage, , ; of prisoner of war, .
Corpse, ablution of, , .
Coursing, .
Court house, .
Crimes, against the person, ; punishable with amputation, .
Criminal
procedure, .
Crucifixion, of dead
body of brigand, .
Curator, of a
lunatic, .
Custody, of children, , .
Custom, in contract of hiring,
; as to wife’s maintenance, , ;
as to slaves’ clothing, .
Damages
for tort, , .
Dancing, .
Death, presumption of, .
Debtors, insolvent, ; assistance of,
from charity -tax, .
Debts,
transference of, ; prevent going on
pilgrimage or jehad, except with
creditor’s consent, ; of infidel prisoners of war, .
Defamation
and imprecation, ; punishment, .
Default, judgments by, , .
Defence, of self, and
others, ; of territory against
infidel invasion, .
Defendant defined, .
Delivery, of goods, , .
Depositions, in criminal cases, must
be precise, .
Deposits, ;
depositary’s responsibilities, ; return
of, .
Disobedience, of wives, , ,
, .
Dissolution, of marriage, owing
to insolvency, .
Distribution, of
debtor’s estate, ; by gift flmong
children, ; of estates, pnvtirmg,
fived bv the
Koran, ;
exclusion, ; agnates *$"; children,
/jf ; parents, /S&tb; brothers and
sistemf^ ; patron, ^^ proportional reduction, ;
numerical basis of distribution, ;
inquiry by newly appointed judge,
;
appointment of expert for, ; J
bv casting lots, .
Divorce, ; compensation, ;
may be offocted by agent, ;
theory of, ; revocation, ; third party may apply for, ; repudiation,
.
Documentary evidence, , .
Dogs, impure, .
Dower,
charity-tax leviable on, , ; on
dissolution of marriago, by right of
option, ; upon marriage, ; may
sometimes be refused, ; proportional, ;
multiple, ; when half or no dower
is due, ; original value, ; upon
separation duo to relationship by
fosterage, .
Drunkenness, legal
effect of, .
Dumb,
legal expression of the wishes of
the, .
Eatables, lawful, .
Eclipse, prayer at an, .
Education defined, ; whose duty,
, .
Emigration, of Moslem
leaving country, when obligatory, .
Enfranchisement, of a slave, ; by
will, ; by contract, ; on
account of maternity, .
Equipment,
perquisite of captor, .
Estates,
distribution of, ; inquiry by newly
appointed judge, ; appointment of
expert for distribution of, .
Evidonee,
documentary, , ; admission or
rejection of, ; of witnesses, ;
hearsay,; retractation
of, ; burden of proof, .
Execution of definite penalty, , .
Executioner, responsibility of, .
Executors, of wills, .
Experts
for distribution of estates, and
valuation, .
Expiation, with regard
to injurious comparison, ; for
homicide, .
Extradition, .
Fasting,
when Ramadan begins, , ; abstinence
during, ; essential conditions, ; on
what persons
obligatory, ; expiation
for unlawful breaking, ; supererogatory, ;
in consequence of a vow, , .
Festivals, of the year, the two
groat, .
These aro : () On tho
first of Shawal, the losscr festival
or Aid-es-seghir, also called tho
Aid-el-fetar, or breaking of the fast
of Ramadan (Shekor Bairam) ; () On tho
tonth of Dulhojja, the greater festival
or Aid-el -Kabir, also callod tho
Aid-el-Idha, or foast of sacrifice (Kurban
Bairam).
Fines, expiatory, , ;
for wounding, .
Flogging, how
carried out, .
Food, lawful, .
Foot-gear, moistoning of, .
Fornication, ; punishment, ;
proof of, .
Fosterage, relationship
by, , ; admission of, ;
how proved, .
Foundations, pious, or
wakafs, .
Foundlings, ; maintenance
of, ; when slaves, ;
paternity, .
Fraudulent sales, .
Friday, public prayer on, .
Funeral ceremonies, ;
ablution, ; shrouding, ;
bier, ; prayer, ; burial, .
Gain, illicit, .
Garden, what
it includes in a contract of sale, .
Gifts, ; revocation of, .
Gold, vessol of, ; tax on, .
Grave, .
Guaranty, ;
personal security, .
Guardian (wali),
right of priority at funeral, ;
dutios of, .
Hearing of cases
in court, , .
Heirs, .
Hiring,
contract of, ; must be specific and
definite, , ; of a
house, ; maximum period, ;
cancellation, .
Homicide, ;
requires expiation, ; excusable, .
House, what it includes in a
contract of sale, .
Hunting, .
Idolater, not entitled to
protection, .
Idolatress, a Moslem may not
marry an, .
Idols should be
broken, .
Illegitimate children, , .
Illicit gain forbidden, .
Im·po·tence, , .
Imprecation, ; by order of
tho court, ; consequences of, .
Imprisonment, pending prosecution, ;
punishment of, , .
Impure
things, .
Impurity, slight, ; grave,
.
Incapacity of lunatics and minors,
.
Increase, in property pledged, ; in
property reclaimed from bankrupt, ;
in property forming dower, .
Indigent
persons, assistance of, ;
defined, .
Infanticide, .
Infidels may not buy a Koran, or
weapons, ; cannot succeed to the
estate of a Moslem, ; intostate
estate of, ; marriage of, , ,
; in a rebellion, ; war against, ; as auxiliary troops, ; all
sane adult males, combatant or not,
may be killed in jehad, ;
property of, to be confiscated, ;
wives and children of, to be
enslaved, ; may not live in
the Hejaz, ; protection of
subject-infidels, .
Injurious comparison,
; may be conditional, ; expiation, upon
taking back wife, , .
Interpreters, judicial, appointment of,
.
Intoxicating liquids, impure, .
Invasion, .
Irrigation, right
to use water, .
Jew, price of
blood of,
Jewess may marry a Moslem,
.
Job-work, .
Joint-stock
companies, ; managing partner s
duties, ; dissolution, .
Judge,
qualifications of a, ; substitute,
, ; dismissal of, ;
proceedings against, ; duties upon
appointment, ; receipt of presents
by, forbiddon, , .
Judgments,
quashing of, ; by default, ,
; execution and transference of, .
Judicial procedure, order of, in
court, ; claim, ; defence, .
Jurists, consultation of, by judge,
.
Justice, administration of, .
Key,
of a houso, .
Koran, may not
bo touched by person in stato of
impurity, ; rocitation of the Fatiha
at prayer, ; may not bo
purchased by an infidel, .
Land, occupation of, ;
clearing, ; right of rosorvation
by sovereign, ; public
road, ; mines, ; wells, ;
canals, .
Landlord and tenant, .
Lapidation, ; how executed, .
Leases, ; of a palm plantation, ,
.
Legacies, acceptance of, .
Legal retirement, period of, ;
of slave women, ; aftor husband’s death,
; mourning, ; lodging, ;
maintenance during, .
Loan, ,
; of land, .
Lunatics, incapacity
of, ; marriage, , .
Magistrate, responsibility of, in accepting witnesses, .
Maintenance, of
wifo, ; food, ; clothing,
bedding, toilet, modicino, bath, kitchon
utonsils, lodging, ser- vants, ; new
clothes, ; disobedient wife, has no
claim to, ;
during legal
retirement, ; where husband is
insolvent, , ; of relatives,
, ; of children, ; of
slaves, ; of animals, .
Maladies,
dangerous, .
Manumission, simple, ;
testamentary, ; by contract, .
Marriage, of lunatics, ,
, ; appointment of
agent, ; recommended, ;
proposal, ; offer and
acceptance, ; must bo unconditional,
, ; witnesses, , ; bride’s
guardian, , ; bride’s consent,
, ; cannot be offected by two
agents, ; mesalliances, ; of
imbociles, ; of bankrupts, ; of
slaves, , prohibited
degrees, ; number of wives, ;
of infidels, , , ; right of
option, ; impotence, ; dissolution,
, ; dower, ; feast, ;
divorce, ; repudiation, ; roturn
to conjugal union, ; separation upon
admission of relationship by
fosterago, ; may be dissolved if
husband unable to maintain wife, ;
of infidels, dissolved on capturo in
war, ; oath not to marry,
, , ; proof of, .
Monstruation, legal consequences of,
.
Mercenaries may not bo Moslems in
a war against infidols, .
Mesalliances, .
Metals, precious,
tax on, ; mines, .
Military
expeditions, .
Minos, , .
Minors, incapacity of, G ; majority, G ;
father as guardian, G ; religion
of, ; corporal chastisement
or
doctoring of, ; slaves, .
Mourning,
of widow, .
Music, when forbidden, .
Musical instruments, should bo broken,
; some permitted on occasion, .
Night of power, .
Notoriety,
public, as cvidonce, .
Nursing of
cliildren, defined, .
Oatii fifty
times repeated, , .
Oath of
continoncy, .
Oaths, forms of, G ;
expiation for breach of, ;
performance of, ; repetition
of, ; judicial, .
Occupation of
land, G.
Official trustee, appointment
and qualifications of, .
Operation,
surgical, .
Option, right of, in
contract of sale, ; conventional, ;
upon marriage, .
Orphans, support
of, .
Ornaments, of gold and
silver, wearing of, G.
Pardon, under
the law of talion,
Parricide, .
Partnership, ; rights and
duties of partners, .
Party walls, .
Paternity, admission of, , ;
of child bom after separation, , .
Patronage, right of, .
Payment
for goods bought, , .
Penalty,
definite, execution of, , ; for
drinking wine, .
Period of logal
retirement, .
Period of waiting of a
female slave, .
Porsonal appearance
of parties in court,
.
Physiognomist
as witness, .
Pilgrimage, ;
conditions for validity, ; by
substitute, ; stations, ; ihram, , ;
entry into Mecca, ; circuit of the
kaba, ; walk from Safa to
Marwa, ; assembly at Arafa, ;
lapidation, sacrifice and shaving at Mina,
, ; Ayyam-at-tashrik, ; farewell
circuits, ; essentials of the pilgrimage, ; in consequence of a vow, , .
Pigs, impure, .
Plaintiff
defined, .
Pledge, ; taking
possession of pledge, ; use
of, ; sale of, ; cancellation of, ; debtor’s estate,
Poetry, .
Poisoning, .
Police, evidence of, .
Poll-tax, upon infidels, ; amount
of, .
Poor, defined, .
Pork may not be eaten, .
Posthumous child, rights of, .
Prayer, daily, ; of
minors, ; calls to, ;
direction of, ; by traveller, ; essentials of, ; conditions
for validity of, ; expiatory prostrations, ; supererogatory, ;
public, ; death penalty for non-
attendance at public prayer, ; the
prayer leader, or imam, ; on a
journey, ; abridgment of, ; on
Fridays, ; Friday sermons, ;
in case of danger, ; in
battle, ; at festivals, ;
at an oclipsc, ; for
rain, ; for the dead, .
Pre-emption, right of, .
Presents, , .
Price of
blood, , ; eye, nose, lip.
; tongue, tooth, hand, ; how
recovered, .
Principal and agent, .
Prisoners of war, .
Prisons,
inspection of, by new judge, .
Procedure, criminal, ; in
court, ; claim, ; defence, .
Prohibited degrees, .
Proof,
in criminal cases, ; burden of, .
Prostrations, expiatory, ; for
reading the Koran, ; of
thanksgiving, .
Provisions, duo as
maintcnanco, .
Puberty, .
Public
interest, .
Punishment at the
discretion of the court, .
Purity
of water, .
Quarter in war, .
Racing, .
Rape, price of
blood for, .
Rebels, ; must
be treated with leniency, ; infidels
in a rebellion, .
Redhibition should
be effected without delay, .
Redhibitory defects, in contract of
sale, ; upon marriago, .
Relationship, recognition of, .
Religious retirement, .
Remission
of portion of debt to slave under
contract of enfranchisement, .
Repudiation, , ; explicit and
implicit terms denoting, ; by
letter, ; wife authorised to pro-
nounce, ; in jest, ; under
compulsion, ; by a slave, ; right
of succession, how affected
by, ; of more than one
wife, ; with a reservation, ,
; contrary to the Sonna, ;
conditional, ; in-
tention, ; return
to conjugal union, ; proof of, .
Retirement, legal, period of, .
Return to conjugal union, ; does
not require witnesses, ; may not
be conditional, .
Right of
way, .
Road, public, enjoyment
of, ; obstruction of, , .
Sacrifices, .
Safe conduct, .
Sale or barter, contract of, ;
conditions for validity of, ; illicit
sales, , ; permissible stipula-
tions,
; forbidden sales, ; right of option
or cancellation, , ; redhibitory
defects, ; fraud, ; taking
possession, ; payment, ; transfer,
, ; of trees, fruit and
standing crops, ; disputes relating
to, ; through a slave, .
Sale by advance, or contract
of sal am, ; essential
conditions, ; circumstances rendering advance permissible, ; specification, ;
substitution, ; loan, .
Salutations,
giving and returning of, .
Sand
for ablution, .
Security or
pledge, ; personal, .
Seizure of
property in civil cases, .
Self-defence, right of, .
Sentences, consecutive oxecution of,
, .
Seriousness of character,
defined, .
Shooting competitions, .
Shroud, , .
Silk, use
of, .
Silver, vessel of, ; tax
on, .
Sittings of a court, , .
Slaughter of animals, .
Slaves, may trade on their
master’s behalf, ; cannot
inherit, ; nor make a will, ;
marriage of, , ; restricted to two
wives, ; period of waiting of a
female slave, ; maintenance of, ;
price of,
blood for homicide
of, ; whipping of, ; as
soldiers, ; presumption of
freedom, ; minors, ;
confessions by, ; manumission of,
; patronage, ; under contract
of enfranchisement may not be sold,
.
Sovereign, qualifications of, ;
selection of, .
Succession to
estates, ; how affected by
repudiation, .
Suckling, .
Summonses, service of, .
Superfluous words or acts in
prayer, , .
Sureties, , ;
may bo seized, .
Surgeon,
responsibility of, .
Suspicion, grave,
, .
Synagogues, building of, , .
Talion, law of ; to whom
applied, , ; when applicable, , , , ; punishment under, ; who may
prosecute under, ; authorisation,
; executioner, ; pardon and remission, .
Tax, ; capitation, .
Tenant and landlord, .
Testamentary manumission, .
Theft, ; from a house, ;
proof of, .
Things found, ;
public announcements, , ; restitution, .
Tomb of the Prophet at Medina,
to be visited by pilgrims, .
Travellers, assistance of, from charity-
tax, .
Treasure trove, ownership
of, .
Trespass, .
Trustee,
official, appointment and qualifications of, .
Usher of a court, qualifications of,
.
Usufruct, legacy of, .
Usurpation, ; indemnity for loss
caused by, ; of a field, .
Vessel of gold or silver, .
Visit to Mecca, .
Vows, ; to fast, ;
to accomplish a pilgrimage, .
Wakaf,
religious or charitable foundations, ;
requirements of, ; ownership
of, ; administration of, ; conquered
territory, .
War, profits of,
; support of soldiers, ; against
infidels, .
Water, purity of, ;
right to use of, for irrigation, .
Wells, ownership of, .
Whipping, .
White days, the
th, th and th of a lunar month, .
Wills, ; what may be
loft by will, ; proportional reduction
of excess, ; dispositions in expectation of death, ; acceptance of legacies, ; bequost of usufruct, ;
revocation, ; executors, ;
enfranchisement by, .
Wine, drinking
of, forbidden, .
Witnesses, number of,
in criminal cases, ; apostasy, ;
fornication, , ; theft, ;
character of, ; qualifications of,
; challenging of, ; number of, in
civil cases, ; blind and deaf
witnesses, ;
physiognomists, .
Wives, maximum number
of, ; disobedience of, , , ,
.
Womon, covering of body and
face, ; when witnesses in
court, .
Workman, liability of, .
Wounds, different kinds of, ;
internal, .