The Books of the Mudawwanah

The Mudawwanah is the record of the answers given by Abdarrahman ibn al-Qasim in particular, Ibn Wahb and other direct students of Imam Malik, who were living in Egypt, to the questions of Sahnun. I post just the names of the book headings here since it is an interesting view of the things that these very serious men thought were important when compiling a work about ALL of the shariah. Compare these book headings against the issues that people think of overriding importance today, such as women’s dress, and the disparity is revealing.

The Books of al-Mudawwanah al-Kubra

 

1. Wudu [and ghusl and tayammum]

2. Salat (two books)

3. Fasting

4. ‘Itikaf without fasting

5. Zakat

6. Hajj (three books)

7. Jihad

8. Hunting

9. Slaughtering Animals

10. Sacrifices

11. ‘Aqeeqah

12. Vows

13. The Sunnah Divorce

14. Swearing to Divorce

15. Marriage (three books)

16. Lowering the Veils (consummating the marriage)

17. [A woman] being given the choice [of whether to consider herself divorced] and being given the right over herself

18. Breast-feeding and Suckling

19. Dhihar Divorce [by a man declaring to the woman that she is as his mother’s back or other word forms similar to that]

20. [Divorce by] Cursing 

21. Abstaining from Sexual Intercourse [with a slave-girl until it is clear whether she is pregnant by a previous owner]

22. Setting Slaves Free

23. Slaves who write a contract to buy their freedom

24. Slaves who are set free on the death of their master

25. Slave Women who are mothers of their owners’ children

26. The Clientage and Inheritance [of slaves who have been set free]

27. Inheritances

28. Money Changing

29. Advance Payments (three books)

30. Sales with Different Time Periods

31. Corrupt Sales

32. Profit Sharing

33. Deceptive Transactions

34. Agencies

35. Fruit-bearing Trees (including olives, etc.) assigned by their owner to another person

36. Trading in the Land of the Enemy

37. Concealing Defects in Goods

38. Settlement [of disputed transactions]

39. Making Manufacturers Accountable

40. Wages and Hire

41. Renting Riding Camels and Other Mounts

42. Renting Houses and Lands

43. Renting Lands

44. Crop-sharing

45. Pestilences or Calamities

46. Partnership

47. Qirad

48. Judgements

49. The Office of the Qadi

50. Testimonies

51. Claims

52. The Indebted Person

53. Bankruptcy

54. One Authorised to Trade

55. Standing Surety and Taking Responsibility that another’s obligations will be discharged

56. Transfer of Debts

57. Pledging (Pawning)

58. Property Taken Wrongfully [by force but not by stealth]

59. Laying Claim to Rights

60. Pre-emption (two books)

61. Division [of inheritance] (two books)

62. Bequests (two books)

63. Gifts

64. The Gift

65. Dedicating a Property Inalienably (habs or waqf) and Sadaqah

66. Sadaqah

67. Trusts and Deposits

68. Lending

69. Lost Property and Stray Animals

70. Runaway Slaves

71. Wells’ Precincts

72. Hudud Punishment for Adultery and Defamation [of a woman’s honour]

73. Stoning

74. [Intoxicating] Drinks

75. Theft

76. Those Who Wage War [on the Muslims]

77. Wounds i.e. corporal crimes

78. Capital Crimes

79. [Compensatory] Fines for Bloodshed

Published by admin

Abdassamad Clarke is from Ulster and was formally educated at Edinburgh University in Mathematics and Physics, and in Cairo in Arabic and tajwid and other Islamic sciences. He accepted Islam at the hands of Shaykh Dr. Abdalqadir as-Sufi in 1973. In the 80s he was secretary to the imam of the Dublin Mosque, and in the early 90s imam khatib of the Norwich Mosque, where he is currently an imam and teacher. He has translated the Muwatta of Imam Muhammad by Imam Muhammad ibn al-Hasan ash-Shaybani (jointly with Muhammad Abdarrahman), which was published by Turath Publishing at the end of July 2004 and a number of other works from Arabic: al-Qawl al-mu'tamad fi mashru'iyyat adh-dhikr bi'l-ism al-mufrad by Shaykh al-Alawi on the standing in Shari’ah of using the divine name in dhikr, which was published by Diwan Press as first part of The Two Invocations and since republished by Madinah Press, The History of the Khalifahs (the chapters on the Khulafa ar-Rashidun from as-Suyuti’s Tarikh al-Khulafa), the Complete Forty Hadith (translation of Imam an-Nawawi’s Forty Hadith along with the Imam’s explanation of their fiqh and linquistic usages) and Kitab al-Jami’ by Ibn Abi Zayd al-Qayrawani (published as A Madinan View), Rijal – narrators of the Muwatta of Imam Muhammad, all published by Ta-Ha Publishers of London, Kitab al-athar by Imam Abu Hanifah and transmitted by Imam Muhammad ibn al-Hasan ash-Shaybani (Turath Publishing 2006), The Compendium of Knowledge and Wisdom (a translation of Jami' al-'ulum wa'l-hikam by Ibn Rajab al-Hanbali, published by Turath Publishing 2007). In addition he has edited Aisha Bewley's translation of Ibn Hajar's abridgement of at-Targhib wa't-Tarhib, Ibn Taymiyyah's al-Kalim at-Tayyib both published by the UK Islamic Academy, Dr Asadullah Yate's translation of al-Ahkam as-Sultaniyyah, published by Ta-Ha Publishing and a number of other works. He is currently engaged with Suád Østergaard on a translation of the Qur’an into Danish, the first volume of which translated in collaboration with Jakob Werdelin, comprising Surat al-Fatihah, Surat al-Baqarah and Surah Ali ‘Imran, was recently published as Den gavmilde Qur’an: en fremlægning of de tre første suraer by Havens Forlag of Copenhagen. Translations yet to be published include Traditions of the Sunnah (Athar as-sunan) by Shaykh Muhammad ibn ‘Ali an-Nimawi (jointly with Mawlana In'amuddin), to be published by Turath Publishing Ltd. Among his unpublished translations are the Sciences of Tafsir comprising portions of Ibn Juzayy al-Kalbi’s Qur’anic commentary at-Tashil li ‘ulum at-tanzil, in particular his introductory sections on the essential elements of the sciences necessary for tafsir. He is author of a number of children’s books, The Year of the Elephant, The Great Victory and The Last Battle all of which are on the sirah of the Messenger of Allah, may Allah bless him and grant him peace, as well as The Story of Stories about the Prophet Yusuf, peace be upon him, in which he drew a great deal on the commentary of Ibn Juzayy, may Allah be merciful to him. He has also a poem God is Dead published in the Minaret journal of Stockholm, Sweden, and an as-yet unpublished collection of short stories called Tales Are Like That, and a novel called The Wings of the Butterfly. Abdassamad is a teacher of both adults and children in Qur’an recitation (tajwid) and meanings, Arabic language and the deen in general, most recently having organised and taken part in a conference under the auspices of Islamic Events of London on the History of the Islamic Khalifate, and having given discourses in London, Edinburgh, Dublin, Jena, Weimar, Copenhagen and the Midlands. 18 April, 2007 0:03

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