73 Expansive Definition of Fayʾ: Property Surrendered by Infidels by Agreement to be Distributed According to Q. 59:7

In: Sharīʿa and the Islamic State in 19th-Century Sudan
Author:
Aharon Layish
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Chapter
Pages:
229–233
DOI:
https://doi.org/10.1163/9789004313996_078

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Sharīʿa and the Islamic State in 19th-Century Sudan

The Mahdī’s Legal Methodology and Doctrine

Series:  Islam in Africa, Volume: 19
Cover <i>Sharīʿa</i> and the Islamic State in 19th-Century Sudan
E-Book ISBN:
9789004313996
Publisher:
Brill
Print Publication Date:
01 Jan 2016
Preliminary Material
Introduction: The Mahdī’s Documents as a Source of Legal History
1 The Mahdist State
2 The Mahdī’s Legal Methodology
3 The Mahdī’s Legislation
1 The Slave as Property and Person
2 Umm al-Walad Lost the Child by Her Master but Both She and the Children She Gave Birth to Fathered by Slaves Are Deemed Free in Her Master’s Lifetime
3 A Female Slave, the Husband’s Absence, Dissolution and Chastity
4 A Slave’s Acknowledgment of Theft Is Admissible and Punishable
5 The Mahdī Buys Concubines and Obtains His Free Wives’ Consent
6 Validation of the Ottoman Land Category of Mīrī
7 The Mahdī Proclaims a Period of Prescription of Seven Years
8 Obtaining Ownership through an Uninterrupted Period of Prescription
9 Prohibition of Lease for Rent and Agrarian Reform
10 Tenancy Is Permissible if Proprietor Incapable of Cultivating Land
11 Pledge Is Not Permissible as a Device for Circumventing Prohibition of Interest, but the Pledgee/Creditor May Deduct Expenses from the Profits
12 Right of Preemption Reserved Only to the Partner, Not the Neighbor
13 Marrying a Woman Promised to Another, Even after Consummation, Entails Dissolution and Discretionary Punishment
14 Prohibition for Marriage on Grounds of Fosterage Applies to All the Issue of Consanguine Brothers by Virtue of the Literal Meaning of a Ḥadīth
15 Marrying a Woman against Her Will or a Woman Who Does Not Share “Spiritual Communion” Is neither Permissible nor Advisable
16 The Mahdī as the Supreme Qāḍī Delegates to a Woman the Power to Marry off Her Daughter
17 The Mahdī Prescribes Maximal Rates for Ṣadāq; Deviation therefrom Entails Expropriation and Penal Sanctions
18 Marriage with a Fifth Wife, though Irregular, Remains Intact; Instead, One of the Lawful Wives Is to Be Divorced
19 The Mahdī Offers Four Wives to the Great Grandson of Shaykh Aḥmad al-Ṭayyib al-Bashīr
20 The Mahdī Marries a Fifth Wife with the Prophet’s Permission
21 Equality among Free Wives
22 The Mahdī’s Co-Wives Opt for an Ascetic Life and the Hereafter as a Precondition for Marriage
23 Joining the Mahdiyya while Leaving Husband behind Is Not Deemed Disobedience
24 Coercive Measures to Enforce Obedience
25 Disobedient Wife Compelled to Renounce Rights in Divorce
26 A Woman’s Marriage to Another Man before Establishing Her Divorce from Her Former Husband Entails Separation and Restoration to Her First Husband
27 Khulʿ and Financial Liability Prior to the Mahdiyya
28 Wife’s Right to Nuptial Gift Is Not Affected by Khulʿ Agreement in the Event of the Wife’s Emigration to Mahdist Territory while Leaving Her Husband Behind
29 Compulsory Khulʿ of a Disobedient Wife though the Husband Is Advised to Renounce His Financial Rights
30 Enforced Khulʿ Following Marriage against a Woman’s Consent
31 Khulʿ Does Not Count in the Quota for Intermediate Marriage
32 Taṭlīq of a Woman Married against Her Will
33 Dissolution on Grounds of Non-Provision of Maintenance by an Absent Husband
34 Taṭlīq of the Wife of an Absent Husband
35 Taṭlīq on Grounds of Non-Provision of Maintenance
36 Rescission of Marriage on Grounds of Prejudice
37 Rescission of Marriage on Grounds of Difference of Religion
38 Termination of Marriage on Grounds of Difference of Religion and Rehabilitation by a New Marriage Contract
39 Duration of Waiting Period following Delay of Menstruation
40 A Separated Wife Who Has Not Completed One Menstrual Period May Be Restored to Her Husband without Concluding New Marriage Contract
41 Should an Emigrant Wife Observe the Waiting Period of a Free or a Slave Woman?
42 The Mahdī Reinstates His Triply Divorced Wife with No Intermediate Marriage, with the Prophet’s Permission
43 Reinstating a Triply Divorced Wife with No Intermediate Marriage Entails Ḥadd Punishment
44 An Oath of Ḥarām or Oath of Continence without Explicitly Mentioning Repudiation Is Null and Void
45 An Oath of Ḥarām Is Not Binding unless God’s Name Is Mentioned

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