# Jurisprudence Made Easy

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Next block: [pages 13 to 24](pages-013-024.md).

## PDF PAGE 1

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Jurisprudence Made Easy
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## PDF PAGE 2

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## PDF PAGE 3

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Translator’s Foreword
In undertaking the translation of this book, al-Fatawal
Muyessarah (Jurisprudence Made Easy), I did my best to
convey the meaning to the English reader in standard
English from a pattern of Arabic that is predominantly
jurisdical. I hope I have succeeded in this task. I also hope
that this translation may help, in some measure, to make
this subject accessible to people, interested in Islamic
jurisprudence and in religion, among those who are
unable to read and/or understand Arabic.
However, I decided to use the same Arabic terminology -
appearing in italic letters - that is, in the main, common to
the subject matter, such as halal and haraam (licit and
illicit) with their equivalent in English, as a first reference. I
have done so to ensure consistency, for the majority of
these terms denote specific meanings on which the
mukallaf (the person obligated to observe the precepts of
religion) rely in acting upon the fatwa (religious edict).
Thereafter, I have confined the use to the Arabic term.
To further guide the reader through the maze of this
broadly technical terminology, I listed the words and
phrases, with their English definitions, in alphabetical
order under the “Glossary”. It is noteworthy that the
glossary is solely my contribution and does not constitute
a section of the book. Where I opted for the English
dictum rather than the Arabic, I found it necessary, at
certain instances, to put the Arabic words between
brackets after the English, such as “free of impurities”:
mutlaq. This has been done to reinforce the translated
word or phrase and remove any ambiguity; you may not
find these in the Glossary.
Where I thought the meaning of the text would be
enhanced or rendered more understandable, I put the
additional words, which do not constitute part of the
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original text, between these ( ) brackets.
The use of masculine pronouns, such as he, his, him, and
himself, refers to both the sexes, where applicable.
For the translation of Qur’anic verses, I used “Holy
Qur’an”, translated by M.H. Shakir, published by Tahrike
Tarsile Qur’an Inc. P.O. Box 1115, Elmhurst, New York
11373, U.S.A, although I have made some modifications as
I deemed fit. For the benefit of those who would wish to
trace the Qur’anic quotations, I have put the numbers of
the sura (chapter) first and the ayah (verse) second
between these ( ) brackets at the end of the quotation.
Notwithstanding, whatever knowledge and effort put in
such work, it remains far from perfect, for perfection is the
exclusive preserve of Allah, the Most High. I, therefore,
urge the readers to write in, should they find it necessary
to raise any point or make any remarks insofar as the
translation goes.
In the end, I pray to the Almighty, to forgive me any
inadvertent mistake or error of judgement I may have
made in the course of the translation. I pray to Him to
make this work of mine a step towards attaining His
approval and that He accepts it favourably and makes it of
use. Amen.
Najim al-Khafaji, B.A.
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## PDF PAGE 5

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5
Preface to the English edition
In the Name of Allah, Most Gracious, Most Merciful
I have pleasure in making available to the English reader
my Book, al-Fatawa al-Muyyessarah - Jurisprudence Made
Easy, which has also been translated to few other
languages. I am glad to say that the Arabic Edition has
now been published few times. This is indicative of the
need for books of jurisprudence, which is a quite technical
subject, in a form of language that is down to earth. This
being so as to make the subject matter more accessible to
the readers, irrespective of their backgrounds.
I am confident that this novel approach to dealing with
the subject will bear fruit, not least in contributing to the
spread of religious knowledge among vast sections of the
society, especially the up-and-coming generation, who has
been starved of gaining any meaningful knowledge of the
precepts of religion, because of the way the education
system has been geared.
I would like to thank Imam Ali Foundation, London for
financing the translation and publishing of the book. I
should also thank Mr. Najim al-Khafaji for the efforts he
put in translating the book.
Since presenting to the reader a simplified version of
jurisprudence and issues of religious connotations is the
first attempt of its kind, I should be very grateful for any
feedback from you.
In the end, I pray to the Almighty to bestow success upon
us for that which pleases Him. For all the mercies
vouchsafe us, we are truly grateful to Allah.
Abdul Hadi Mohammad Taqi al-Hakim Rabi’uth-Thani
1418 H. (August, 1997 C.E.)
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Introduction to the Arabic edition
“.. Oh my Lord! Expand my breast for me, Make my affair
easy to me, Loosen the knot from my tongue, and (that)
they may understand my word”. (20/25-28).
May praise be to Allah, Lord of the worlds, and may peace
and benediction be with our Prophet, Mohammad and his
Pure Progeny. In writing this book, I tried to use a style
that is simple and familiar. My aim has been to disentangle
the complexity of the jurisdical text, making it readily
accessible to those who need to be acquainted with and
act upon it among the laity.
I have sought to employ a method that aims at
encouraging the reader to want to know more about the
injunctions of religion. In so doing, I confined myself to
discussing those matters of religious dictates that are
more important to the mukkalaf (Compos mentis: The
person obligated to observe the precepts of religion). For
further in-depth details, the reader may consult the books
of Islamic jurisprudence and manuals of religious practice.
Every now and then, I have also tried to make the link in
the reader’s mind between the science of jurisprudence
and that of ethics (akhlaq), and between his actions and
the spirit of those actions. The book has been divided into
three main sections. The first deals with acts of worship
(ibadaat), making prayer the main axis, for “It is the pillar
of religion. If it was accepted, other deeds of the mukallaf
would be accepted. If it was rejected, the other deeds
would be rejected”.
After the Dialogue on Taqleed (the following, by a lay
person of a learned scholar, Mujtahid, in matters of
religious practice), the structure of the discussion required
me to deal with that which renders the body najis
(ceremonially unclean). This has been so for the simple
reason that no prayer can be performed without the
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person performing it being tahir (ceremonially clean).
Thus, najis as well as tahir things are discussed, leading to
the discussion of prayer itself.
To complete the circle of purity of the heart, the mind and
personal hygiene the mukallaf should have when having
audience with his Creator in prayer, I have discussed other
acts of worship, such as fasting and hajj (pilgrimage to
Mekkah).
Section two of the book is dedicated to financial
transactions, such as buying and selling, agencies, hiring,
companies and others.
Section three deals with man’s personal status, such as
matrimonial matters, votive offering (nadhr), covenants,
oaths, etc. Discussed in this section too are matters of al
amr bil ma’rouf wan nahi anil munkar (enjoining what is
good and forbidding what is wrong) and two dialogues
on general themes.
According to this plan, the book shall feature the
following dialogues: Taqleed, Najis and Tahir things,
Janabah (the state of being najis after a sexual act that
may or may not lead to ejaculation), Haydh
(menstruation), Wudhu (an act of ablution that is required
before the performance of certain acts of worship), Ghusl
(obligatory ceremonial bathing that is required after
certain acts or occurrences), Tayamum (Dry ablution, i.e.
using dust instead of water, as in the cases of wudhu and
ghusl when, for specific reasons, these acts are not
possible), Jabirah (splint), Prayer, in two parts, Fasting,
Hajj, Zakat (the poor rate: A legally prescribed tax), Khums
(a type of religious levy, equivalent to one fifth of taxable
income), Trade, Slaughtering and Hunting, Marriage,
Divorce, Votive Offering, Oath, and Covenant, Making a
Will, Inheritance, Waqf (religious endowment), Enjoining
what is good and forbidding what is evil, and the two all-
round dialogues, covering matters ranging from women
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issues, reproduction, medical, ethical, science and
technology, entertainment to donating human organs.
This edition of the book has been the subject of checking
and scrutiny by the Office of Grand Ayatullah as-Sayyid as-
Seestani in Holy Najaf to ensure that the contents conform
to his edicts. Where necessary modifications have been
made to ensure compliance.
I hope that I have succeeded in what I set out to do. I
thank all those who lent me their support in the process of
writing this book. Finally, I pray to Allah, the Most High, to
make me amongst those, “..given his book in his right
hand, these shall read their book..” (17/71), make my work
pure in His way on, “The day on which property will not
avail, nor sons, except him who comes to Allah with a
heart free (of evil)”. (26/88, 89). “..Oh Lord! do not punish
us if we forget or make a mistake..”. (2/286). “..Oh Lord!
Thy forgiveness (do we crave), and to Thee is the eventual
course”. (2/285).
May praise be to Allah, Lord of the worlds.
The Author
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Preamble
In the Name of Allah, the Compassionate, the Merciful
Today, I have completed my fifteenth birthday. When I
awoke, I had no idea what was in store for me. A day of
surprises, conceit, and apprehension that was,
nevertheless, tampered with joy, love, and enjoyment of
discovery. A day that heralded the closing of one chapter
of my life and the beginning of another.
As usual, I woke up early. No sooner had I finished my
morning routine between my waking up and sitting to
have my breakfast, I saw a different expression on my
father’s face. Something made me guess that a matter of a
kind that concerns me he needed to address.
His eyes were wide open as if they were gazing in a
vacuum. His tight lips indicated that he was about to say
something of great importance. His fingers were tapping
rhythmically on the dining table. It seemed that his heart
was filled with great tidings so much so that it could
overflow.
As I sat on the opposite side of the table, he took the
initiative, with a glow of joy filling his eyes, and said: Oh
my son! Today, you have rolled up a phase of your life and
are on the threshold of a new one. In the eye of Islamic
law, you have become a fully fledged man capable of
being obligated to observe the dictates of religion. On this
day, Allah, the Exalted, has bestowed upon you the favour
of showing to you that which you should obey and that
which you should shun.
Until yesterday you were, in the eye of Islamic law, a child.
Thus, you were left alone. As of today, everything has
changed. You are a man like other men. You are capable
of behaving responsibly. That is why Allah has addressed
you.
* Sorry, I do not seem to understand what exactly you
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mean. How can Allah grace me with His bounty by
ordering me? Is command a type of grace? How can this
be?
- Let me give you an example. You are now a student.
Among your class mates, there are those who are bright,
diligent, committed, hard working, the conscientious and
others. The headteacher sends for you to come to his
office. The moment you walk in, with a smile, he breaks
the good tidings to you that you have been chosen for a
certain task. This is so because what you have achieved
sets you in a different league from your peers.
Do you not feel a sense of achievement and self
confidence for the special treatment accorded to you by
your headteacher? Would this not fill you with zeal to
carry out the task? This may be the case with a
headteacher. How would you react if it was someone
occupying a higher position within the hierarchy of the
borough, the chief inspector, or the minister for
education, and so on?
As my father was giving me examples of people in higher
positions of responsibility, what he was aiming at started
to sink in. The moment he mentioned Allah’s address to
me and His obligating me to observe His commands and
avoid acts that He forbade, the fact dawned on me.
* God addresses me! And commands me in person!
- Yes, my son. Allah is addressing you. You, the fifteen
years old lad. He charges you with the obligations and
forbids you from embarking on certain acts.
* Do I deserve all this honour from the Creator of the
heavens and the earth. What a sweet day! What a
magnificent year! What a splendid manhood!
- Oh my son! You have to obey what your Creator has
commanded you to do. It is an honour to do so.
* I shall eagerly do my best to carry out His obligations
and commands, but...
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- But, what?
* But what are these obligations that He charged me
with? And what are His commands that He addressed me
with?
- Religious dictates are of five kinds. Wajibat (duties),
muharramat (forbidden acts), mustahabbat (voluntary
acts of worship), makrouhat (abominable acts), and
mubahat (permissible acts).
* What are these wajibat, muharramat, mustahabat,
makrouhat, and mubahat?
- Everything that you are obliged to carry out is of the
wajibat, such as salah (prayer), sawm (fasting), hajj , zakat,
khums, enjoining good and forbidding evil, etc.
Whatever things or acts you are discouraged from doing
are of the muharramat, such as drinking alcohol, adultery,
theft, spending unwisely, lying, etc.
Any meritorious act that you are encouraged to do to seek
closeness to Allah, though not by way of obligation, is of
the mustahabat, such as almsgiving, cleanliness, good
manners, helping needy people - not necessarily
materially, attending congregational prayer, wearing
perfume, etc.
Any act that is good to avoid and shun, though not by
way of obligation, with the intention of seeking proximity
to Allah is of the makrouhat, such as delaying the time of
getting married - for both man and woman, asking for
exorbitant dowries, and declining to lend money to a
needy person, even though you can afford it, etc.
As for the acts you have free choice in doing or leaving are
of mubahat, such as eating, drinking, sleep, travel, and
tourism, etc.
* How can I differentiate between wajib and mustahab,
and muharram and makrouh? How would I know what is
wajib so that I can do it and what is haraam (forbidden
act) so that I refrain from doing it? How would I know?
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With a smile, my father intervened. He then cast a glance
of mercy and compassion over me. He was about to say
something, but pondered for a short while. During that
time utter silence prevailed. I could not fathom what was
going through the mind of my father. I could, however,
witness a sort of cloud over his forehead that was
descending to cover the rest of his face, reaching out to
his lips that opened up with a somewhat feeble voice full
of graciousness and affection.
- You should be able to delineate what is wajib and
haraam, what is mustahab and makrouh when you read
the books of Islamic jurisprudence (fiqh). You shall find out
that some have core acts, parts, and conditions, some
have to be performed with certain movements, some have
certain norms you should not depart from, and so on. You
will find what you are looking for in those books. You shall
find out that this discipline is a vast one. Hundreds of
books and volumes have been written. The ulema
(scholars or doctors of religion) did not leave any matter
undiscussed or unscrutinized in such depth that you rarely
find in other human disciplines.
* But, do I have to know all about such books to know
what I should or should not do?
- Oh! No, it suffices to read the most concise and
manageable. You shall find out that they are classified into
two main topics: Ibadaat (acts of worship) and mu’aamalat
(transactions).
* What are ibadaat and mu’aamalat?
- Consult the books of Islamic jurisprudence. You will
gradually come to know what you are after.
Full of zeal and interest, I hurried to the library in the hope
that I could come across the books of Islamic
jurisprudence. As soon as I saw them, a kind of joy
overwhelmed me.
* So, those were the books. I, finally, found what I was
```