Some Lessons from Jurisprudence (Fiqh)

The Book of Endowments and Charity (waqf and sadaqat)

An endowment is that which a person sets aside from his property for a special use. In defining waqf it has been said that it means safe-guarding the original article of waqf, making it untransferrable, while freeing its benefits. About whether an intention of qorbat, of nearness to God, is a condition of waqf or not there is a difference of opinion. The fact that it is included in this section is because Muhaqqiq Hilli did not consider the intention of qorbat to be an essential condition. In any case, there are two types of waqf, general\ waqf, and special waqf. Both these and the commands of charity are discussed in detail.

The Book of Temporary Endowments (sukna and habs)

Sukna and habs are similar to waqf with the difference that in waqf the original property or wealth is guarded forever and there is no longer any possibility of it being someone's property, whereas habs is that a person designates the benefits of his property for a specified period to be spent in a charitable way, and after that period it again becomes his personal property. Sukna however, is that a person designates a dwelling for the use of a poor, deserving person for a period and at the end of that period it becomes exactly the same as the owner's other property .

The Book of Giving (hebat)

One of the effects of ownership is that one has the right to give one's property to others. Giving is of two types: "in exchange" and "not in exchange". Not in Exchange means that in return for one's gift one receives nothing in return. Giving in Exchange, however, means that one receives something in return for one's gift. Something given in exchange is not retrievable, i.e. it cannot be taken back. When something is given not in exchange, however, if it is given between the mahram members of a family, or if the gift itself is lost or broken, it cannot be taken back, otherwise it can, and the giver can nullify the transaction.

The Book of Wagers (sabq and rimayah)

Sabq and rimayah are two forms of betting agreement between the competitors of horse races, camel races or shooting competitions. Sabq and rimayah are forms of gambling, yet, because they are for practicing the martial arts necessary for jihad, they have been counted by Islam as permissable encouragement for the actual participants. Of course, this permission does not extend to other than the participants.

The Book of Wills (wasiyat)

This book is related to the enjoinments that a person wills to be performed after his death regarding his wealth or his children, whose guardian he is. Each person has the right to appoint a person as his executor (wasi) to be the guardian of minors amongst his children after his death; to supervise their education and other affairs. In the same way, each person also has the right to have spent after his death up to a third of his wealth in accordance with the stipulations he makes in his will.