Jurisprudence and Juristic Principles

‘Abdullāh ibn ‘Amr reported that a woman said: "O Messenger of Allah, for this son of mine, my womb was a vessel, my breast was a watering pot, and my lap was a holder, yet his father has divorced me and wants to take him away from me." The Messenger of Allah (may Allah's peace and blessings be upon him) said: 'You are more entitled to him (the child's custody) as long as you do not get married.''

‘Abdullah ibn ‘Umar (may Allah be pleased with him and his father) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "Every one of you is a guardian and responsible for his subjects. The leader in charge of the people is a guardian and is responsible for them; the man is a guardian over his household and is responsible for them; the woman is a guardian over her husband's house and his children and is responsible for them; the slave is a guardian over his master's property and is responsible for it. Verily, each of you is a guardian, and each of you is responsible for his subjects."

Abu Maymūnah Salma, who was a truthful man and a freed slave from among the people of Madīnah, reported: While I was sitting with Abu Hurayrah, a Persian woman came to him along with a son of hers. She had been divorced by her husband, and they both (the father and mother) claimed him. She said: "O Abu Hurayrah," speaking to him in Persian, "my husband wants to take my son away." So Abu Hurayrah said: "Draw lots on this," saying it to her in Persian. Then her husband came and said: "Who is disputing with me regarding my son?" Abu Hurayrah said: "O Allah, I do not say this, except that I heard a woman who came to the Messenger of Allah (may Allah's peace and blessings be upon him) while I was sitting with him, and she said: ‘My husband wants to take away my son, Messenger of Allah, and my son draws water for me from the well of Abu ‘Inabah, and he has been helpful to me.’ The Messenger of Allah (may Allah's peace and blessings be upon him) said: ‘Cast lots for him.’ Her husband said: ‘Who is disputing my son with me?’ The Prophet (may Allah's peace and blessings be upon him) said: ‘This is your father, and this your mother, so take whichever of them you wish by the hand.’ So he took his mother's hand, and she went away with him.'"

Rāfi‘ ibn Sinān (may Allah be pleased with him) reported: I embraced Islam, but my wife refused to do so. She went to the Prophet (may Allah's peace and blessings be upon him) and said: "My daughter is weaned or about to be weaned." Rāfi‘ said: "My daughter." The Prophet (may Allah's peace and blessings be upon him) said to the man: "Sit down on this side." And he said to the woman: "Sit down on that side." He then seated the girl between them, and said to them: "Call her." The girl went to her mother and the Prophet (may Allah's peace and blessings be upon him) said: ‘'O Allah, guide her," and the daughter then went to her father, who took her.

‘Ā’ishah (may Allah be pleased with her) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "It is unlawful to shed the blood of a Muslim who testifies that there is no god but Allah and that Muhammad is the Messenger of Allah, except in one of three cases: a married person who commits adultery, they are to be stoned; one who goes forth to fight against Allah and His Messenger, they are to be killed, crucified, or exiled from the land; or one who commits murder, for which he is killed in retribution."

Mujāhid reported: A man threw a sword at his son, which killed him. He was brought to ‘Umar (may Allah be pleased with him) for judgment. ‘Umar said: "Had I not heard the Messenger of Allah (may Allah’s peace and blessings be upon him) say: ‘A father is not to be killed (in retribution) for killing his child,’ I would have ordered you to be killed before you leave."

Qays ibn ‘Abbād reported: Al-Ashtar and I went to ‘Ali (may Allah be pleased with him) and said to him: "Has the Messenger of Allah (may Allah's peace and blessings be upon him) given you anything exclusive that he did not give to the people in general?" He said: "No, except what is in this document of mine." Mūsaddad said: "He then took out a document." Ahmad said: "A document from the sheath of his sword." It stipulated that "the lives of all Muslims are equal; they are one hand against the others. The covenant (given by even the) lowliest of them must be respected. Behold, a Muslim must not be killed for a disbeliever, nor must one who has been given a covenant be killed while his covenant is still in force. If anyone introduces an evil, he will be responsible for it. Whoever introduces an evil deed or shelters a perpetrator incurs the curse of Allah, His Angels, and all the people."

‘Imrān ibn Husayn narrated that a slave belonging to some poor people cut off the ear of another slave belonging to some rich people, so the owners of the perpetrator came to the Prophet (may Allah's peace and blessings be upon him) and said: "O Messenger of Allah, we are poor." The Prophet (may Allah's peace and blessings be upon him) did not stipulate any compensation to be paid by the perpetrator.

‘Amr ibn Shu‘ayb reported from his father from his grandfather: The Messenger of Allah (may Allah's peace and blessings be upon him) judged a man who stabbed another man with a horn in his leg. The stabbed one said: "O Messenger of Allah, allow me retaliation." The Messenger of Allah (may Allah's peace and blessings be upon him) said: "Do not be hasty (but wait) until your wound heals." The man insisted that he wanted retaliation. Therefore, the Messenger of Allah (may Allah's peace and blessings be upon him) allowed him. Later, the one who insisted on retaliation became lame and the one against whom retaliation was brought recovered. The one who was allowed retaliation came to the Messenger of Allah and said: "I became lame and my companion recovered!" So, the Messenger of Allah (may Allah's peace and blessings be upon him) said: "Did I not order you not to seek retaliation until your wound heals? However, you disobeyed me. May Allah keep you away (from recovery) and may your wound deserve no (blood money in) compensation." Then the Messenger of Allah (may Allah's peace and blessings be upon him) commanded anyone who is wounded not to seek retaliation until his wound heals. When his wound heals, he can seek retaliation. That was after the incident of that man who became lame.

Anas reported that his aunt, Ar-Rubayyi‘, broke the incisor of a girl. The aunt's family requested the girl's relatives for pardon, but they refused, then they proposed a compensation, but they refused. Then they went to the Messenger of Allah (may Allah's peace and blessings be upon him) and refused everything except retribution. So the Messenger of Allah (may Allah's peace and blessings be upon him) judged that retribution be applied. Anas ibn An-Nadr said: "O Messenger of Allah, will the incisor of Ar-Rubayyi‘ be broken? No, by the One Who sent you with the Truth, her incisor will not be broken." Therefore, the Messenger of Allah (may Allah's peace and blessings be upon him) said: "O Anas, the prescribed law of Allah is retribution." Thereupon, those people agreed on pardon. Then the Messenger of Allah (may Allah's peace and blessings be upon him) said: "Among Allah's slaves, there are some who, if they take an oath by Allah (concerning something), Allah fulfills it."

‘Abdullāh ibn Abbās (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: ''Whoever is killed in ambiguous circumstances, or when people are throwing stones, or by a whip, his blood money is the blood money of unpremeditated killing. Whoever is killed intentionally, retaliation becomes due. If anyone tries to prevent it, upon him is the curse of Allah, the angels, and all people.”

Ibn ‘Umar (may Allah be pleased with him) reported that a boy was murdered, so ‘Umar said: "If all the people of Sanaa took part in murder I would kill them all."

‘Amr ibn Shu‘ayb reported from his father, from his grandfather, that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "Whoever intentionally kills a believer shall be handed to the guardians of the killed person: if they will, they may kill him, and if they will, they may accept the blood money. [The blood money] is thirty 'Hiqqah', thirty 'Jadha‘ah', and forty 'Khalifah'. And whatever they agree upon shall be given to them. That is because the blood money [in this case] should be exorbitant."

Iyās ibn ‘Abdullah ibn Abi Dhubāb (may Allah be pleased with him) reported: The Messenger of Allah (may Allah's peace and blessings be upon him) said: "Do not strike the female servants of Allah." Then ‘Umar came to the Messenger of Allah (may Allah's peace and blessings be upon him) and said: Women have become bold toward their husbands. So the Prophet (may Allah's peace and blessings be upon him) permitted striking them. Then many women came to the family of the Messenger of Allah (may Allah's peace and blessings be upon him) complaining about their husbands. So the Prophet (may Allah's peace and blessings be upon him) said: "Indeed, many women have come to the family of Muhammad complaining about their husbands. Those (men) are not the best among you."

Ibn ‘Abbās (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "This and that are equal; meaning the pinky finger and the thumb."

‘Abdullāh ibn ‘Amr (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "Anyone who practices medicine although he is not known to have learned medicine is liable (to compensate any damage)."

‘Abdullāh ibn ‘Amr (may Allah be pleased with him) reported that the Prophet (may Allah's peace and blessings be upon him) said: ''The blood money of a Mu‘āhad (someone who lives in non-Muslim lands and is committed to a peace treaty with Muslims) is half the blood money of a free Muslim.''

‘Abdullāh ibn ‘Amr (may Allah be pleased with him) reported that the Prophet (may Allah's peace and blessings be upon him) said: ''The blood money of the semi-intentional killing is as aggravated as that of intentional killing, but the perpetrator is not to be killed. This happens when the devil stirs enmity between people, causing them to shed blood but not due to grudge or carrying weapons in fighting.''

Abu Rimthah reported: I went to the Prophet (may Allah's peace and blessings be upon him) with my father. The Messenger of Allah (may Allah's peace and blessings be upon him) then asked my father: "Is this your son?" He replied: "Yes, by the Lord of the Ka‘bah." He again said: "Is it true?" He said: "I bear witness to it." The Messenger of Allah (may Allah's peace and blessings be upon him) then smiled due to my resemblance with my father and because my father took an oath that I was his son. He then said: "Indeed, He will not bear your faults (sins), and you will not bear his." The Messenger of Allah (may Allah's peace and blessings be upon him) recited the verse: {And no bearer of burdens will bear the burden of another.} [Sūrat al-An‘ām: 164]

Mu‘ādh ibn Jabal (may Allah be pleased with him) reported that the Prophet (may Allah's peace and blessings be upon him) said: "Whenever a woman harms her husband in this world, his wife from the Houris of Paradise says: 'Do not harm him! May Allah destroy you! He is but a passing guest with you, and he will soon leave you to join us.'"