The personal status law according to Jafari fiqgh
By: by Muhsin Al Asfoor ; translated by Abbas Jawad Safi.
Publisher: Dar al-Tafseer
Published: 2000
Place of publication: Qum
Language: eng
Subjects: Domestic relations.; Inheritance and succession (Islamic law).; Islamic law.; Shiʻah
Description: Contents of the Book:
CHAPTER ONE:
- The Importance, Benefits, and Goals of Marriage
The Marriage Importance and Goals:→9
The Marriage’s Profits and Positive Consequences:→15
The Negative Goals of Marriage:→17
The Types of Marriage:→18
CHAPTER TWO:
- The Prohibited:→20
The Eternal Prohibition:→20
PART ONE: The Relative Reasons
The Eternal Prohibition of Relative Marriage:→20
The Relative Reasons of a Wife:→21
The Relative Reasons of a Husband:→22
PART TWO: Relative-in-law Prohibition:→23
The First Reason
Suckle (wet-nursing):→24
The Legal Conditions Regarding the Nurse:→24
The Legal Conditions Regarding the Husband:→25
The Legal Conditions Regarding the Nurse:→26
The Legal Conditions Regarding the Way of Drinking Milk:→27
The Woman Who is Considered Eternal Mahram to the Man                                                                          Because of Suckling:→28
The Man Who is Considered Eternal Mahram Because of Suckling:→29
The Wife Who is Permanently Forbidden for her Husband by Fosterage:→29
The Second Reason
Relationship by Marriage:→30
Reasons Related to the Husband:→31
Reasons Related to the Wife:→32
The Third Reason
By Marriage Contract Only:→32
The Fourth Reason
A Muslim That Apostatizes From Islam:→33
The Fifth Reason
By Having Sexual Intercourse:→34
The First Type
Fornication:→35
Notice:→39
The Second Type
Suspicious Intercourse:→39
The Third Type
Sodomy:→41
A Note of Lesbianism:→43
Other Relative-in-Law Prohibitions:→43
The Relative-in-Law’s Temporary Reasons
The Conditions that Verify the Temporary
Prohibition:→44
Conditions That Verify The Permanent Prohibition of Nine-Year Girls In Spite of The Validity of A Marriage Contract:→47
Conditions That Verify The Temporary Prohibition of Nine-Year Girls In Spite of The Validity of A Marriage Contract:→48
CHAPTER THREE:
- Standard Qualifications of A Man & Woman
(1) Man’s Qualifications
Husband’s Legal Standard Qualifications:→50
The recommended qualifications:→51
1) 	Recommended Positive Qualifications:→51
2) 	Recommended Luxurious Qualifications:→52
3) 	Negative Qualifications:→52
(2) Woman’s Qualifications
Wife’s Legal Standard Qualifications:→53
The recommended qualifications of a woman:→54
1) 	Recommended Positive Qualifications:→54
2) 	Recommended Luxurious Qualifications:→56
3) 	Negative Qualifications:→56
CHAPTER FOUR:
- The Walis of Marriage Contract:→59
Conditions That Must Be Existed In The Two Main Parties:→59
Number of Walis of The Two Main Parties:→60
The Wilaayah’s Reasons:→60
The Grandfather’s Wilaayah:→61
The Wali’s Conditions:→62
General Terms On Wilaayah of Marrying The Children & Others:→64
The Stages of Wilaayah Upon Girls:→65
First Stage:→66
Second Stage:→66
Types of Making Marriage Contracts For A Female Baby Before Puberty:→67
When A Wali is Not Muslim:→68
Third Stage:→69
Choices Given To A Female Baby
When Can A Female Baby Object To The Marriage Contract?:→70
Miscellaneous Articles:→71
Types of Having A Girl’s Acceptance:→71
The Wilaayah Upon Adult Daughters:→73
The Wilaayah Upon Adult, Virgin and Deflowered Female:→73
1)	The Wilaayah Upon Adult, Upright and Virgin Female:→74
2) The Wilaayah Upon Adult, Upright and Deflowered:→76
The Wilaayah of People (Other Than the Father and The Grandfather)
The Wilaayah of A Legal Judge:→76
The Wilaayah of The Eldest Brother:→78
The Wilaayah of Other Kinfolk:→78
The Wilaayah of A Foster Father And Grandfather:→78
The Wilaayah of A Mediator
The Marriage Contract That A Mediator Makes For Non-Adult Children:→79
The Mediator’s Contract For An Adult:→80
The Wali’s Wilaayah:→81
Fourth Stage:→83
The Wilaayah Upon Adult Males:→83
Those Who Have Not Any Kind of Wilaayah:→84
Making Marriage Contracts For A Fool:→85
Articles About Certain Disputes in Regard to “Marrying The Daughter”
Disputes Between The Father And Grandfather:→87
Disputes Between The Father And Mother:→88
Disputes Between The Father And Daughter:→88
Disputes Between The Brother And Daughter:→89
Disputes Between A Fiancée And A Wasi:→89
Disputes Between A Fiancée And A Legal Judge:→90
Articles About Certain Disputes in Regard to “Marrying The Boy”:→90
CHAPTER FIVE:
- The Temporary Marriage “Mut`ah”:→91
Differences Between The Permanent And Temporary Marriages:→91
The Conditions of Temporary Marriage:→96
(1)	Obligatory Conditions:→96
(2) 	Dictating Conditions:→97
The Goals Behind the Temporary Marriage:→98
Examples of Solutions the Temporary Marriage May Give:→99
CHAPTER SIX:
- Rules On Mahr (Dower) And Sidãq (Nuptial Gift)
The Reality of Sidaaq and the Reason Behind Mahr:→104
The Payment of Mahr:→105
The Conditions Related to the Mahr & Sidaaq:→106
Mahr May be Unknown:→107
Postponed And Quick Mahrs:→108
Excusing the Husband From Paying the Mahr:→109
The Verification of Penetration & Its Consequences:→110
Issues On Women That Deserve Mahr:→112
The Mahr of A Female Apostate:→115
The Mahr of A Wife Whose Husband Is Sick:→115
The Mahr of A Sick Wife:→116
The Divisions of Mahr:→117
(1) 	Science Mahr:→118
(2) 	Vocational Mahr:→119
(3) 	Mahr As A Job:→120
(4) 	Juristic Mahr:→121
(5) 	Essential Mahr:→121
(6) 	Cash Mahr:→123
Divisions of Cash Mahr:→123
Nihlah (Free Gift):→123
(1) 	Nominated Mahr:→124
(2) 	The Value of The Sunnah’s Mahr:→125
(3) 	Suitable Mahr:→126
[General Articles]:→127
Postponing Mentioned Mahr:→128
General Rules on Mufawwidhatul Bidh`:→129
General Rules on Mufawwidhatul Mahr:→131
A General Rule On Cases of Mufawwidhah of Bidh` & Mahr:→133
Giving A Wife to the Young Boy:→134
The Young Wife’s Wali:→136
Rules on Mut`ah (Temporary Marriage):→137
Marrying a Woman by Suspicious Marriage Contract:→138
When A Corrupting Reason is Discovered:→139
Mahr of An Adulteress & Raped Woman:→142
Articles About Certain Disputes on Mahr With Continuation of Marriage
1) 	Dispute On Paying Mahr:→142
2) 	Dispute Before Sexual Intercourse:→143
3) 	Dispute After Sexual Intercourse:→143
4) 	Disputing on Mahr After Separation:→148
5) 	Disputing on Mahr When Khiyaarul Faskh (Option of Annulling) is Verified:→148
6) 	Dispute of Adulteress & Raped Women With the Adulterer:→149
CHAPTER SEVEN:
- Articles On Betrothal
Some Sunnah Deeds Recommended Before & During Making Marriage Contract:→150
Betrothal:→151
Prohibition of Betrothing Mahaarims Or Women Are Under `Iddah:→153
The Ways Through Which a Man Can Have a Look at the Woman Whom He Wants to Marry:→155
The Dispute Over A Certain Fiancée:→158
The Dispute Over A Contract’s Correctness:→159
When Two Men Betroth A Certain Woman:→159
When Two Men Betroth Two Women:→159
CHAPTER EIGHT:
- Rules On Marriage Contracts:→160
Making A Marriage Contract With A Male Apostate:→166
Making A Marriage Contract With A Female Apostate:→167
Marriage Contract Between A Woman And A Sick Man:→167
Marrying Two Sisters Together:→168
Marrying Four Or Five Wives Together:→169
Marrying A Woman And Her Maternal or Paternal Aunt Together:→169
CHAPTER NINE:
- Articles About Marriage Contract:→172
The Term of Khiyaar (Choice):→174
The term of “Khiyaar al-Shartt”:→175
The Parts of The Marriage Contract’s Terms:→175
First Part:→ Terms That Precede the Contract:→176
1\ Terms of Correctness:→176
2\ Terms of Happiness:→176
Fundamental Obligatory Terms:→176
Deductive Recommended Terms:→177
Second Part:On The Terms of Marriage Contract
The Terms That A Wife Provides In A Marriage Contract:→177
1) Obligatory Terms:→178
2) Dictating Terms:→179
1- 	Terms That A Wife Requests Before Signing A Contract:→179
2- 	Terms That A Wife Requests During Signing A Contract:→:179
3- 	Terms That A Wife Requests After Signing A Contract:→179
The Terms That To Be Applied During The Spouses Mutual Life:→180
1\ Obligatory Terms:→180
2\ Non-Obligatory Terms:→181
3\ Baatil Terms:→182
The Husband’s Terms:→183
The Wife’s Terms:→184
Third Part: Terms of Talaaq (Divorce) And What Is After It:→186
Impermissible Terms:→186
Permissible Terms:→187
Giving Up Guardianship as Bathl (Granting):→187
Disputing On Fixed Terms of The Contract:→188
CHAPTER TEN:
- “Men Are in Charge of Women”:→191
Custody’s Types:→192
Nota Bene:→193
CHAPTER ELEVEN:
- Obligations of Marriage Contracts:→194
Part One
Reciprocal Obligations (Between Spouses):→194
Part Two
The Husband’s Obligations Toward His Wife:→195
Part Three
The Wife’s Obligations Toward Her Husband:→200
Wives That Serve Their Husbands:→203
CHAPTER TWELVE:
- Article on Matrimonial Rights
The Rights of Either of the Spouses Towards Each Other:→204
A Husband’s Rights Upon His Wives
The Rights of a Husband Upon His Single Wife:→206
A Wife’s Rights Upon Her Husband:→207
Makrooh Deeds:→209
Serving the Wife (The Rules of Employing A Maid):→210
Recommended Deeds (Mustahabbaat):→213
The Wives’ Rights Upon Their Husband:→213
(1)	Dividing The Nights of Sleeping Equally Among The Wives:→214
The Insane Husband:→214
How To Divide The Nights On Four Wives?:→216
Periodic Division:→216
Division Between Permanent And Temporary Wives:→219
The New Bride:→219
Giving Up And Resuming Division:→221
Rules On Division
The Wife’s Right In Her Share of Nights:→223
Other Rules On Division:→228
The Wives That Deserve No Share:→230
Types of Travel And Division Between Wives:→231
(1)	Moving Travel:→231
(2)	Residing Travel:→232
(2)Treating The Wives Equally In Rights:→233
1)	Examples of Rules of Rights’ Division:→233
2)	Examples of Rules of Multiplying the Rights:→233
	(3)Giving The Wives Enough Provision:→234
Examples of Rules of Dividing The Nafaqah:→234
(4)Treating The Wives Equally:→236
i.	The Limits of Legal Justice:→236
Justice in Division, Waajib Rights, Nafaqah, & Outward Affection:→236
1.	The Outward Respect:→236
2- The Apparent Love:→237
2.	The Apparent Affection:→237
ii.	Real Justice:→237
CHAPTER THIRTEEN:
- Articles on Nafaqah
Rules On General Types Nafaqah:→239
That Which Must Be Spent On the Wife & Children:→240
The Rule of a “Mu`sir” (That Who is in a Difficulty) & Degrees of Paying Nafaqah:→243
The Degrees of Paying Nafaqah To The Nearest & Farthest Kin:→244
When There are Many Providers:→246
Articles On The Wife’s Nafaqah
Rules On Giving Provision To The Wife:→247
The Rank of the Wife’s Nafaqah Compared with Other Nafaqahs:→248
The Obligation the Wife’s Nafaqah :→251
Damaging the Nafaqah:→251
When the Husband is Unable to Pay the Nafaqah:→251
Legal Standards for the Wife’s Nafaqah:→252
The Types Of The Wife’s Waajib Nafaqah:→254
The Nafaqah of the Nursing Wife:→255
The Traveling Husband’s Nafaqah to His Wife:→255
The Absent Husband’s Nafaqah to His Wife:→256
The Traveling Husband’s Nafaqah to His Wife Who Accompanying Him:→257
The Nafaqah of the Residing Husband to His Traveling Wife:→257
The Husband’s Nafaqah to His Wife Who Got a Legal Excuse:→258
The Husband’s Nafaqah to His Sick Wife:→260
The Wife Deserves Wages For Her Service:→261
The Nafaqah of the Wife’s Servant:→261
The Matters That Must be Existed in a Legal Matrimonial Residence:→263
The Furniture of the Matrimonial Residence:→266
The Rule Of Dishes:→267
The Rules Of Clothing:→267
The Nafaqah of a Pregnant Wife :→270
The Cases Where The Nafaqah is Not To Be Paid:→270
The Nafaqah of a Pregnant Divorced Woman:→271
The Nafaqah of A Woman With Whom Suspicious Coitus Is Practiced:→275
The Rules of Nafaqah of A Naashiz Wife:→276
The Rules of Nafaqah of the Divorcee as Raj`ee Talaaq:→279
The Rules of Nafaqah of the Divorcee in Baa’in & Khul` Talaaq:→281
The Nafaqah of The Woman Whose Husband is Dead:→282
The Nafaqah of the Wife of Mulaa`anah:→282
The Nafaqah of the Young Wife:→284
The Nafaqah of the Qaasir (Underage) Wife:→284
The Nafaqah of the Apostate Wife:→285
Dispute Over the Question of Nafaqah:→286
Releasing the Husband From Paying Nafaqah:→287
Pleading Before A Legal Judge for Nafaqah:→288
Amending The Nafaqah:→291
Deducting the Debts From Nafaqah:→292
The Wealthy Wife:→292
The Wife Who is an Employee or Has a Job:→293
The Wife That is Employed by Her Husband:→294
The Wife That is Employed by Other Than Her Husband:→294
The Woman Who Used To Work Before Marriage296
The Wife That Gets Job After Marriage:→296
The Naashiz Wife Who Works:→297
The Wife That Studies in the University:→297
The Nafaqah of Relatives and Other Kinsmen:→298
(A) 	Those on Whom Nafaqah is not Waajib:→299
(B) 	Those on Whom Nafaqah is Waajib:→299
The Conditions of Paying Nafaqah to the Relative:→301
The Limits of Nafaqah:→303
The One to Whom Nafaqah is Given is the Possessor of it:→304
Those Cases That Annul the Nafaqah of the Relative:→304
That Who Refuses to Spend on His/Her Relative:→305
The Nafaqah of the Parents:→307
The Rule of the Father Who is in Difficulty:→308
The Nafaqah of the Children:→309
The Legal Criterion of Nafaqah of the Children:→311
The Nafaqah of Studying:→313
CHAPTER FOURTEEN:
- Disputes On Rights Between the Spouses
The Husband’s Dispute Because of His Wife’s Shortcomings:→315
The Wife’s Dispute Because of Her Husband’s Shortcomings:→316
The Naashiz Wife:→318
The Naashiz Husband:→322
Some Rules on Shiqaaq (Mutual Hate):→324
The Qualifications of the Arbiters:→325
CHAPTER FIFTEEN:
- Rules On the Sexual Relation:→328
Having Sexual Intercourse With Menstruous Women:→329
Approaching the Mustahaadhah:→330
Ejaculation Outside The Vagina:→331
Disputes On Practicing Sexual Intercourse:→332
CHAPTER SIXTEEN:
- Rules On Birth:→334
Some Mustahabb Deeds During Childbirth:→335
Circumcision, As A Waajib Action:→336
Cutting Off The Clitoris:→337
Cutting The Hair of A Child’s Head:→338
Rules On `Aqeeqah:→339
CHAPTER SEVENTEEN:
- Rules on Suckling:→341
The Wage of Suckling:→342
The Precedence of Suckling:→343
Recommended And Hateful Deeds In Suckling:→345
The Maximum Period Of Suckling:→346
CHAPTER EIGHTEEN:
- Rules On Guardianship:→348
The Guardianship’s Stages:→349
The Guardianship’s Parts:→350
The Guardianship’s Conditions:→351
Appendix:→352
Certain Rules On Father’s Guardianship:→356
Certain Rules On Mother’s Guardianship:→358
Guardianship Upon Adult Child:→360
Guardianship Upon Stepdaughters:→360
Dispute On Children’s Guardianship
1)	When The Spouses Are Living Separately Without Divorce:→361
2) 	When The Spouses Are Separated By Divorce:→361
CHAPTER NINETEEN:
- Rules On The Children’s Relation:→363
The Dispute On The Child’s Relation To Its Father:→363
How To Find The Child’s Real Father?:→364
The Disputes Between Spouses On Terms of Relation:→368
Giving Birth To A Baby By Mut`ah Marriage:→371
The Cases Wherein The Child’s Relation Must Not Be Denied:→371
Relating The Child To A Husband Who is Eunuch Or Whose Male Organ is Cut:→372
Relating A Child To An Immature:→373
Relating The Child To An Old Man:→373
Decisive Denying Of A Relation In Some Cases:→373
Relating A Child Of A Suspicious Coitus:→377
Relating A Child Of A Lesbian:→378
Rules On The Adulterer And Adulteress Who Later Get Married:→379
The Child That Is Formed By Artificial Fertilization:→380
Rules On The Child Formed In Laboratories Tubes:→380
Planting Certain Parts of Body:→382
The Relation of A Child Who Changes His/Her Sex:→382
The Relation of A Child Whose Parents Are Apostate:→382
The Relation Through Fosterage:→383
CHAPTER TWENTY:
- Rules On Relations Other Than Firaash:→384
(1)	Confession :→384
Rules on Confessing the Relation
The Confessor’s Qualifications:→385
Confessing The Sonship:→386
1)	When This Boy Or Girl Are Not Adult:→386
2)	When This Boy Or Girl Are Adult:→388
Other Confessions On Other Cases:→389
Confessing The Fatherhood:→389
Confessing The Brotherhood:→390
Confessing The Marriage:→392
(2)	Witness:→394
Confessing The Debts:→395
(3) Reputation:→395 Adoption and Care
Why Adoption Is Haraam In Islam?:→396
Negative Consequences of Adoption:→397
The Rights of An Adopted:→399
Nursing An Orphan:→399
Nursing Male Orphans:→401
The Difference Between An Orphan & Illegitimate:→401
Some Fiqhi Rules On Nursing An Unknown Person:→401
Who Is Responsible For Nursing Unknown Kids?:→403
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