The Statutes Of Marriage

II. The Statutes Of Marriage

A. The Dower (mahr)

Whenever a man marries a woman, he must give her a dower in return for the sexual gratification he is to receive. The dower must consist of a specified amount of property, cash, or profit. It must be ritually pure and owned by the husband. All schools agree that the dower does not have to be mentioned in the contract. If it is mentioned and does not fulfill the conditions required for dowers, the contract is valid but the dower must be corrected.

There are two kinds of dower. The 'specified dower' (al-mahr al-musamma) is one upon which the man and the woman agree. The 'normal dower' (a!-mahr a!-mathal) is what the woman receives if she cannot come to an agreement with her husband over the specified dower, or if for some reason the specified dower should be invalid. The normal dower is the amount of property, in cash or kind, which other women of the same social status, age, beauty, etc., are receiving in the society of the time.

According to four of the schools, as soon as the marriage contract is concluded, the woman becomes the owner of the whole dower; the Malikis maintain that only one-half of the dower belongs to her at this point. [40] Should the wife demand the dower from her husband immediately, he must pay it to her; but if he should divorce her before consummation and she has not yet taken the dower, he only has to pay her one-half.

In all schools, consummation of the marriage or the death of one of the spouses necessitates payment of the full dower. The Malikis add that if the wife should live with her husband at least one year, there being no hindrance to consummation of the marriage, he must pay the full dower. [41] The Hanafis maintain that it is sufficient for the man to be alone with his wife on one occasion when there is no hindrance to consummation. [42] According to the Hanbalis, being alone with the wife, love play, and seeing her private parts are all sufficient cause for the payment of the whole dower. [43]

Before consummation of the marriage, payment of all or part of the dower may be nullified for the following reasons: I. One-half is nullified through divorce. 2. If the woman should become an apostate, she loses the whole dower. 3. If the man should become an apostate, the marriage is void, but he still must pay one-half the dower. 4. If the man or woman should annul the marriage because of physical disability or deception by the partner, she forfeits the whole dower; however, the Shi'is hold that if the woman should annul the marriage by reason of the man's impotence, she will be entitled to one-half the dower. [44] 5. If a man and woman should suddenly become forbidden to each other through the establishment of some relationship, e.g. a foster relationship, where the woman is not at fault, she receives one-half the dower; if she is at fault she loses all of it.

According to the Maliki, Hanbali, and Shi'i schools, if the marriage contract should be invalid but copulation takes place, the woman is entitled to the specified dower. [45] The Shafi'is hold that in such a case, she receives the normal dower. [46] The Hanafis rule that she will receive whichever of the two dowers is less. [47] In a case of 'mistaken intercourse' (waty a!-shubha), where copulation takes place because the man and woman mistakenly believe themselves to be husband and wife, the woman is entitled to the normal dower.

The woman may refrain from sexual intercourse as long as she has not received the dower. In such a case the man may not claim conjugal rights unless it was explicitly stated in the marriage contract that the dower would be paid at some later date. But if the woman should accept intercourse before receiving the dower, from then on she may not refuse her husband, unless it is proven that he has no ability to pay the dower; here the Shi'is take exception, holding that once the marriage is consummated, the wife may not refuse intercourse because of the husband's inability to pay the dower. [48] The Hanbalis, Shafi'is, and Malikis say that if the husband's inability to pay is proven before consummation, the woman may annul the marriage; with the exception of the Hanbalis, they hold that she may not do so after consummation, since her willingness to engage in sexual intercourse proves that she accepted the marriage's validity; the Hanbalis say the woman may annul the marriage even after consummation. [49] The Hanafis and Shi'is hold that the woman may not annul the marriage, but she may refuse to engage in intercourse. [50]

If the woman should decide to return part or all of her dower to her husband, he is then free from the obligation to pay it to her.

B. Support (nafaqa)

Once the woman has taken up residence with her husband, he must support her in a mode corresponding to the support received by her equals. Support includes such things as food, clothing, shelter, and other necessities. Payment of the dower becomes incumbent on the husband as a result of the marriage contract, but payment of support only becomes incumbent as a result of the contract and the wife's obedience to her husband. If the wife does not obey her husband, he is not obliged to support her.

Here it should be kept in mind that in Islamic society a wife must 'obey' her husband only within the shar'i limits, which is to say that the woman obeys the man on condition that he is obeying God. Should he tell her to do something not sanctioned by the sharia her duty is to follow God, not her husband.

A woman who is in the 'waiting period' (below, IV) after having been divorced, but not irrevocably, by her husband, is entitled to support, since she is still his wife. A woman who is in the waiting period of irrevocable divorce must be supported only if she is pregnant.

According to the Hanbalis, Malikis, and Shafi'is, if it is proven that the man does not have the ability to support his wife with the necessities of life, she has the right to seek to annul the marriage through a qadi (shar'i judge). The Hanafis and Shi'is maintain that a woman not adequately supported by her husband may complain to a qadi, who must then take whatever action he thinks necessary to rectify the situation, e.g., pursuading the husband to take employment. [51]

C. Annulment (faskh)

Any time a spouse has certain specified physical or mental disabilities which make continuation of the marriage difficult, the other spouse may annul the marriage. These disabilities vary according to the different schools. All schools except the Hanafi list insanity, emasculation, and impotence for the men, and insanity, leprosy, and a blocked vagina for the wife; each of them except the Hanafi then adds various other disabilities of the same sort. In the Hanafi school the wife has the right to annul the marriage only for the three grounds listed, while the husband has no grounds for annulment on the basis of disabilities. [52]

The spouse who discovers a disability in the other spouse must exercise the right of annulment immediately or lose the right. Similarly, if there was knowledge of the disability before the marriage, the marriage is in effect an expression of satisfaction with the disability, so there is no grounds for annulment; however, the Shafi'is and Malikis hold that a woman's knowledge of the man's impotence before marriage does not effect her right to annul the marriage. [53] If the annulment takes place before consummation, the wife receives no dower; if the marriage has been consummated, she receives the full dower .

All schools agree that disabilities which existed before the marriage are grounds for annulment, but there is a difference of opinion about disabilities which appear after the marriage. The Malikis hold that in the case of such later disabilities, the wife-but not the husband-has the right to annulment before consummation, so long as the husband was healthy before the marriage; however, in the case of insanity and leprosy, the husband has one year in which to undergo treatment, If he is not cured in one year , the annulment takes place, [54] All schools agree that a full year is needed before the man can be judged impotent; after a year, the annulment takes place, The Shafi'is and Hanbalis maintain that both spouses retain the right to annulment, whether before or after consummation, The Sunni schools agree that the annulment should be declared by a qadi. The Shi'is say that disabilities occurring after marriage do not establish grounds for annulment, with the exception of the husband's insanity, which is grounds for annulment even after consummation; as for impotence, the wife should seek the qadis pronouncement of the one year period, but then she herself annuls the marriage. [55]

III. Divorce (Talaq)

The pillars of divorce differ according to the schools. The Hanafis and Hanbalis hold that there is only one pillar, i,e., the formula through which it takes place. In the view of the Shafi'is and Malikis, the pillars are (I) the existence of the husband and the wife, (2) the formula of divorce, and (3) the intention. [56] The Shi'is maintain that the pillars are (1) the husband and wife, (2) the formula, and (3) two witnesses, [57] The husband may divorce the wife, but not the reverse. In contrast to marriage, the wife's consent is not necessary.

The man must be in possession of his rational faculties, have reached physical maturity (except in the Hanbali view), and be acting of his own free will (except according to the Hanafis). The Hanbalis maintain that a youth who has not reached puberty but who understands the meaning of divorce and its consequences may divorce his wife of his own accord; the Hanafis say that even if the formula is pronounced under duress, it is still valid. [58] To the views shared with the other schools, the Shi'is add that the husband must pronounce the formula with the intent of divorcing his wife, although unlike the Shafi'is and Malikis, they do not make this a pillar of divorce. [59]

The wife must be a free woman, a permanent wife, and faithful, since there is no divorce in the case of a slave woman, a temporary wife (in Shi'ism), or an adulteress.

The man must employ words in the formula that denote divorce directly or indirectly, though the Shi'is hold that the word 'divorce' itself must be employed. A dumb man may divorce his wife through gestures. The Malikis and Hanafis hold that a man may divorce his wife in writing.

The formula must be pronounced three times in the manner described below.

Divorce has two general categories depending on the time the man chooses to pronounce the formula: 'traditional' (sunni) divorce, which is permitted, and 'non-traditional' (bid'i) divorce, which is prohibited.

Whether divorce is traditional or non-traditional depends upon the woman's state of ritual purity when the man pronounces the formula and his manner of reciting the formula. During menstruation and confinement after childbirth a woman is ritually impure, and she does not become pure again until her situation changes and she performs the major ablution (ghusl). For the traditional divorce to take place, she must be in a state of ritual purity and her husband must not have had sexual intercourse with her during her last menstrual period (this condition is added for reasons of precision, even though sexual intercourse during that time is forbidden) or from the time she performed the major ablution after her period or confinement, According to the Shi'is, if the woman is in the state known as mustaraba (i,e., she is approaching menopause, her menstrual period is delayed, and she mayor may not be pregnant), the husband must wait three months in order to determine her condition, and only then can he divorce her. [60] The man must pronounce the formula on three separate occasions separated by a specific period of time, as explained below.

Although non-traditional divorce is forbidden with certain exceptions in the view of some schools, it may still take place. It is divided into several kinds: A divorce given while the woman is in (I) her menstrual period or (2) confinement, (3) A divorce given by pronouncing the formula three times on a single occasion; here the Shafi'is maintain that this form of divorce is permissible. [61] (4) Divorce when the woman is ritually pure after menstruation, but sexual intercourse has taken place; the Malikis hold that this form of divorce is not forbidden, only reprehensible (makruh ).

In spite of the fact that non-traditional divorce is forbidden, the Sunnis hold that the formula pronounced under any of the above conditions is still valid. However, the Hanafis and Malikis say that the man must return to his wife and consider himself as her husband; if he still desires to divorce her, he must wait until she has purified herself after her second menstrual period from the time he originally pronounced the formula and then pronounce it once more. If the man does not return to his wife, the divorce is valid, but the man has then definitely sinned against the shari'a; however, no punishment is to be inflicted in this world before the Day of Judgment, [62].

The Shi'is maintain that non-traditional divorce is invalid, with the exception of the form in which a man pronounces the formula three times at once; such a divorce is then irrevocable. [63]

In certain cases, the temporal categories delineated by 'traditional' and 'non-traditional' do not apply. Thus a man may divorce at any time a woman with whom he has not consummated the marriage, a girl who has not reached puberty, a woman who has reached menopause, and a pregnant wife. In three of the schools, these types of divorce are considered traditional, while the Shafi'is and Hanbalis hold that they are outside the classification. [64] According to three of the schools, divorce initiated by the wife (khul' and mubarat, discussed below), divorce as a result of 'forswearing' (I'la, below V), and divorce ordered by a qadi have no temporal conditions. The Malikis and Shi'is hold that these are types of traditional divorce with the same temporal conditions. [65]

For a divorce to become final, in most cases the man must pronounce the formula on three different occasions, as described below. Technically, his first and second pronouncements are also divorces, but they are 'revocable' (rij'i). Hence, divorce may be divided into the revocable and irrevocable (ba'in) forms. In the following cases, divorce is irrevocable:

I. The divorce of a wife with whom marriage has not been consummated.

2. The divorce of a wife who has not yet reached puberty.

3. The divorce of a wife who has reached menopause.

4. Divorce initiated by the wife (khul' and mubarat ).

5. The third divorce after two revocable divorces.

Once an irrevocable divorce has taken place, a man may not remarry his wife unless she first marries another man and consummates the marriage; having been divorced irrevocably from her second husband, she may then remarry her first. The second husband is known as the muhallil, as mentioned above. In such a situation, it would be normal practice for some sort of agreement to be made between the wife and her second husband. However, it is not permissible for a condition of subsequent divorce to be entered into the marriage contract. Outwardly the contract must be the same as for any permanent marriage. [66]

A woman who has been revocably divorced keeps the status of wife, and the husband may return to her and have sexual intercourse with her if he so wishes. But according to the Malikis, he must make the mental intention of returning to her before doing so; and according to the Shafi'is, he must express the intention verbally to his wife. [67]

It is permissible to include a condition of divorce in the marriage contract in certain cases. Hence, for example, a wife may stipulate that if her husband should marry a second wife, she will have the right to be divorced.

Although only the man has the right to pronounce the formula of divorce, the woman may take the initiative in khul' and mubarat. These two terms are almost synonymous, but in the case of khul', the wife must have an aversion to her husband; in muharat, there should be mutual aversion. In each case the wife agrees to pay her husband a certain amount of property in cash or kind if he divorces her. According to the Shi'is, the amount in muharat must not exceed the amount of the dower, while in khul' there are no conditions on the amount, These divorces are irrevocable, except according to the Shi'is, who hold that during her waiting period the woman may take back her property from her husband, in which case he has the right to conjugal relations. [68] The Hanbalis maintain that khul' is a form of annulment, not divorce. [69]

Since these types of divorces are in reality a kind of contract, they require a declaration (ijab) and an acceptance (qabul). The woman must say something like: 'Divorce me in exchange for such and such', while the man must answer something like: 'I accept' or 'I divorce you'. The Sunnis hold that the husband may employ any number of words in the formula, such as 'divorce' or words derived from the same roots as khul' and muharat. The Shi'is say that the word 'divorce' itself must be employed. [70]

According to the Sunni schools, a third party may initiate a khul' divorce. In other words, he may offer the husband a sum in exchange for which the husband will divorce his wife. The Shi'is maintain that this is forbidden. [71]

The schools discuss in detail the nature of the property which may be exchanged in khul' and mubarat, differing on many minor points. In general it must be lawful and intrinsically valuable, like the property which constitutes the dower. If not, the divorce will be valid, but there is then a difference of opinion as to whether it is revocable or irrevocable.

IV. The Waiting Period ('Idda)

When a woman is divorced or her husband dies, she must wait for a prescribed period of time before she can remarry.

If the woman's husband has died, the waiting period differs according to whether or not she is pregnant; if she is not, she must wait four months and ten days. Such things as her physical maturity, whether or not she has reached menopause, and whether or not the marriage has been consummated are irrelevant. If the woman is pregnant, according to the Sunnis her waiting period terminates when she gives birth to the child; according to the Shi'is, she must wait either four months and ten days or the term of her pregnancy, whichever is longer. [72] If a woman's husband should be away on a journey when she hears of his death, according to the Sunni schools her waiting period begins on the date of his death; the Shi'is hold that it begins on the day she receives the news. [73]

The waiting period for divorce differs according to circumstances and the views of the different schools. A woman with whom the marriage has not been consummated has no waiting period. A girl less than nine years old has no waiting period according to the Hanbalis and the Shi'is; but the Malikis and Shafi'is hold that if she was mature enough to participate in sexual relations, she must wait three months; the Hanafis hold that in any case her waiting period is three months. A woman who has gone through menopause must wait three months in the view of the Sunni schools, but the Shi'is say that she has no waiting period. A woman who menstruates and who is not pregnant must wait either three tuhrs (periods of purification after menstruation) according to the Shi'is, Malikis, and Shafi'is, or three menstrual periods according to the Hanafis and Hanbalis. A woman who is old enough to menstruate but who does not or who is in the state of mustaraha must wait three months. A woman who is pregnant must wait until she has delivered her child. [74]

V. Forswearing (Ila')

'Forswearing' means to swear an oath in God's name not to have sexual relations with one's wife, either absolutely, or for a period of more than four months. Since the sharia forbids a husband from refraining from sexual intercourse with his wife for more than four months, once the four months have passed, the wife has a valid reason to have recourse to a qadhi. If the husband should break the oath, he must pay the expiation (kaffara) set by the law for the breaking of an oath. If he holds to his oath and the four months pass, the wife may go before a qadi and request that he clarify her marital situation. According to the wife's wishes, the qadi will either order the husband to return to his wife or to divorce her. If the husband is ordered to return to her but refuses, the qadi will then order him to divorce her. If he also refuses that, the qadil will grant her a revocable divorce. The Shi'is differ here by holding that the qadi does not have the right to grant divorce in the husband's stead; however, he can force the husband-by imprisonment or other means at his disposal-to take one of the two courses open to him, i.e., to return to her or divorce her. [75] The Hanafis say that once the period of the husband's oath comes to an end, the woman is divorced irrevocably, without any need for the husband's pronouncement of the formula. [76] The Shi'is hold that forswearing may not take place in the case of a virgin. [77] The Sunni schools disagree and add that if her husband divorces her, the divorce is irrevocable.

VI. Zihar

In pre-Islamic times the Arabs practiced a form of divorce which amounted to the husband's reciting the formula, 'You are to me as my mother's back (zahr)', a practice referred to as zihar. Although Islam forbids zihar (cf. Qur'an 33:4, 58:2), if a man should recite this formula to his wife--or an equivalent formula, by substituting a reference to any other female forbidden to him-sexual intercourse with his wife is forbidden to him. Zihar's conditions are the same as those of divorce; hence in Shi'ism two witnesses must hear the formula recited.

VII. Sworn Allegation (Li'an)

'Sworn allegation' is a procedure whereby a man may take his wife before a qadi and either accuse her of infidelity or deny his fathering her child. The man then pronounces this formula four times: 'I testify before God that I speak the truth concerning what I say about this woman.' The qadi will then counsel the man concerning the gravity of his accusation. If he should repent of his words, he will receive the punishment for false accusation (eighty lashes). If he maintains the truth of his accusation, he must repeat a second formula four times: 'God's curse be upon me if I am a liar'.

The judge then turns to the wife. She may either face the penalty for adultery (stoning to death) or repeat this formula four times: 'I testify before God that he is a liar'. The judge will counsel her concerning the gravity of falsely swearing before God. If she continues to maintain her innocence, she must pronounce a second formula four times: 'God's wrath be upon me if he is telling the truth '. If she refuses to pronounce the formula, she will suffer the penalty for adultery.

After sworn allegation, the man and woman are forbidden to each other forever, without divorce. If the husband denies the parentage of a child, the child is illegitimate. If the man should ever repent of his allegation, he must suffer the penalty for false accusation. In case a child is involved, its legitimacy will then be restored; according to the Sunnis, in such a case the father and the child inherit from each other, but according to the Shi'is, the father may not inherit from the child. [78] The woman continues to be forbidden to the man

VIII. Inheritance (Mirath)

Husband and wife inherit from each other according to set rules. The only condition for inheritance is a valid marriage contract, not consummation of the marriage.

If the wife should die childless, the husband inherits one-half of her property; if she had a child or children, he inherits one-fourth. If the husband should die childless, the wife inherits one-fourth of her property; if he had children, she inherits one-eighth.

If the deceased wife should have no other relatives, all property goes to the husband. If the deceased husband should have no other relatives, the wife will inherit one-half the property and the rest will go to the bayt al-mal (the community treasury), except according to one of two Shi'i opinions, which holds that she inherits all the property. [79] If the deceased husband had more than one wife, the wife's share is divided among them equally.

The husband inherits from everything left by the wife. According to the Sunni schools, the wife also inherits from everything left by the husband; in general the Shi'is hold that if she does not have any children from the husband, she inherits from all property except land, though she does inherit from the value of property situated upon the land, such as buildings, trees, implements, etc. [80]

If a woman should be in a period of revocable divorce when she or her husband dies, her situation is the same as that of an ordinary wife. But when irrevocable divorce has taken place, there is no inheritance, with the exception of divorce during illness. If the husband should be ill and divorce his wife irrevocably, and if she should then die, he does not inherit from her; but if the husband should die as a result of the illness, the schools differ as to the situation. The Hanbalis hold that the wife inherits as long as she has not remarried. The Hanafis say that she inherits as long as she is still in her waiting period. The Malikis hold that she inherits in any case. The Shafi'is have two opinions, one that there is no inheritance, the other that the situation is as the Hanafis say. The Shi'is maintain that she may inherit within one year of the divorce provided she has not remarried. [81]

Footnotes:

[1]. 'Abd al-Rahman al-Jaziri, al-Fiqh 'ala al-madhahib al-arba'a (hereafter cited as Fiqh), Cairo, 1969, IV, 24.

[2]. Al-Shahid al Thani (Zayn al-Din Muhammad ibn 'Ali al-Jab'i al-'Amili [d. 965/1558]), al-Rawdat al-bahiyya fi sharh al-lum'at al-Dimashqiyya (hereafter cited as Sharh al-luma), Beirut, 1967, v, 108.

[3]. Fiqh, IV, 13.

[4]. Ibid., 18.

[5]. Ibid., 25.

[6]. Sharh al-lum'a. v. 234.

[7]. Fiqh, IV, 54-60.

[8]. Sharh al-lum'a, V, 181; Muhammad 'Ali al-Tabataba'i (d. 1231/1816), Riyad al-masail (also known as al-Sharh al-Kabir), Tabriz, 1308/1890-9 1,II, 94.

[9]. Fiqh, IV, 63.

[10]. Ibid.,65.

[11]. Ibid.,66.

[12]. Ibid.,67-68.

[13]. Sharh al-lum'a, v, 176-82; Riyad, II,96-97.

[14]. Fiqh, IV, 268; Riyad, II, 86.

[15]. Fiqh, IV, 256.

[16]. Ibid.,253-55.

[17]. Ibid.,268-69.

[18]. Riyad, II, 86.

[19]. Fiqh, IV, 253.

[20]. Riyad, II, 86.

[21]. Fiqh,lv,257.

[22]. Riyad, II, 87.

[23]. Fiqh,IV, 257.

[24]. Ibid., 256; Sharh al-lum'a, II, 63.

[25]. Fiqh, IV, 254,255, and 261.

[26]. Sharh al-lum'a, v, 156; Riyad, II, 105-06.

[27]. Fiqh, IV, 77-84; Riyad, II, 181; Sharh al-lum'a, VI, 46.

[28]. Fiqh,IV, 27.

[29]. Ibid., 46--47.

[30]. The major sources for this ruling are two hadith: 'If any of your women marry without the permission ofher guardian, the marriage is invalid (batil)' (Abu Dawud, Nikah 19; al-Darimi, Nikah 11). 'A woman may not be given in marriage by a woman, nor may a woman give herself in marriage' (Ibn Maja, Nikah 15 Malik, Nikah 5).

[31]. Fiqh, IV, 46--47; Sharh al-lum'a, V, 112; Muhammad b. al-Hasan al-Hurr al-'Amili (d. 1104-1693), Wasa'il al-shi'a, Tehran, 1385/1965-66, XIV, 220-221, hadith 1-3.

[32]. Fiqh, IV, 46.

[33]. Ibid.,51-52.

[34]. Ibid., Sharh al-lum'a, v, 116.

[35]. Fiqh, IV, 51-52.

[36]. Ibid.,51.

[37]. Ibid.,25.

[38]. Ibid.

[39]. Sharh al-lum'a, V, 112; Riyad, II, 70.

[40]. Fiqh, IV, 108.

[41]. Ibid.,109.

[42]. Ibid., III.

[43]. Ibid.,115.

[44]. Sharh al-lum'a, II, 101; Riyad, II, 135.

[45]. Fiqh, IV, 120-21; Sharh al-lum'a, II,101; Riyad, II, 135.

[46]. Fiqh,lv,118.

[47]. Ibid.,116.

[48]. Sharh al-lum'a, v, 371-72; Riyad, II, 149

[49]. Fiqh, IV, 165.

[50]. Ibid., 163; Riyad, II, 109-10.

[51]. Fiqh, IV, 581; Sharh al-lum'a, v, 237-38; Riyad, II, 109-10.

[52]. Fiqh, IV, 189-92.

[53]. Ibid.,197.

[54]. Ibid.,181-98.

[55]. Sharh al-lum'a, v, 387; Riyad, II, 132-35.

[56]. Fiqh,IV, 280.

[57]. Sharh al-lum'a,vi, 11; Riyad,II, 168-75.

[58]. Fiqh, IV, 284.

[59]. Sharh al-lum'a, VI, 14-21; Riyad, II, 172.

[60]. Riyad, II,171.

[61]. Fiqh,lv,297.

[62]. Ibid.,310.

[63]. Sharh al-lum'a, VI, 31-32; Riyad, II, 176.

[64]. Fiqh, IV, 305, and 307.

[65]. Ibid., 302; Sharh al-lum'a, VI, 36-37; Riyad, II. 176.

[66]. The necessity for the muhallil is established by Qur'an 2:230. , And if he divorces her finally, she shall not be lawful to him after that, until she marries another husband. If he divorces her, then it is no fault in them to return to each other.'

[67]. Fiqh, IV, 435-41.

[68]. Sharh al-lum'a, VI, 104-07; Riyad, II, 196.

[69]. Fiqh, IV, 424.

[70]. Sharh al-lum'a, VI, 87-89, and 111-13; Riyad, II, 107.

[71]. Sharh al-lum'a, VI, 90-95.

[72]. Ibid., 62-63; Riyad, II, 187.

[73]. Sharh al-lum'a, VI, 65-66; Riyad, II, 188.

[74]. Fiqh, IV, 540-52; Sharh al-lum'a, VI, 57-65; Riyad, II,183-86.

[75]. Sharh al-lum'a, VI, 160; Riyad, II, 123.

[76]. Fiqh, IV, 485.

[77]. Riyad, II,122.

[78]. Sharh al-lum'a, VI, 210-12; Riyad, II, 217-18.