The Mudawwanah is the record of the answers given by Abdarrahman ibn al-Qasim in particular, Ibn Wahb and other direct students of Imam Malik, who were living in Egypt, to the questions of Sahnun. I post just the names of the book headings here since it is an interesting view of the things that these very serious men thought were important when compiling a work about ALL of the shariah. Compare these book headings against the issues that people think of overriding importance today, such as women’s dress, and the disparity is revealing.
The Books of al-Mudawwanah al-Kubra
1. Wudu [and ghusl and tayammum]
2. Salat (two books)
3. Fasting
4. ‘Itikaf without fasting
5. Zakat
6. Hajj (three books)
7. Jihad
8. Hunting
9. Slaughtering Animals
10. Sacrifices
11. ‘Aqeeqah
12. Vows
13. The Sunnah Divorce
14. Swearing to Divorce
15. Marriage (three books)
16. Lowering the Veils (consummating the marriage)
17. [A woman] being given the choice [of whether to consider herself divorced] and being given the right over herself
18. Breast-feeding and Suckling
19. Dhihar Divorce [by a man declaring to the woman that she is as his mother’s back or other word forms similar to that]
20. [Divorce by] Cursing
21. Abstaining from Sexual Intercourse [with a slave-girl until it is clear whether she is pregnant by a previous owner]
22. Setting Slaves Free
23. Slaves who write a contract to buy their freedom
24. Slaves who are set free on the death of their master
25. Slave Women who are mothers of their owners’ children
26. The Clientage and Inheritance [of slaves who have been set free]
27. Inheritances
28. Money Changing
29. Advance Payments (three books)
30. Sales with Different Time Periods
31. Corrupt Sales
32. Profit Sharing
33. Deceptive Transactions
34. Agencies
35. Fruit-bearing Trees (including olives, etc.) assigned by their owner to another person
36. Trading in the Land of the Enemy
37. Concealing Defects in Goods
38. Settlement [of disputed transactions]
39. Making Manufacturers Accountable
40. Wages and Hire
41. Renting Riding Camels and Other Mounts
42. Renting Houses and Lands
43. Renting Lands
44. Crop-sharing
45. Pestilences or Calamities
46. Partnership
47. Qirad
48. Judgements
49. The Office of the Qadi
50. Testimonies
51. Claims
52. The Indebted Person
53. Bankruptcy
54. One Authorised to Trade
55. Standing Surety and Taking Responsibility that another’s obligations will be discharged
56. Transfer of Debts
57. Pledging (Pawning)
58. Property Taken Wrongfully [by force but not by stealth]
59. Laying Claim to Rights
60. Pre-emption (two books)
61. Division [of inheritance] (two books)
62. Bequests (two books)
63. Gifts
64. The Gift
65. Dedicating a Property Inalienably (habs or waqf) and Sadaqah
66. Sadaqah
67. Trusts and Deposits
68. Lending
69. Lost Property and Stray Animals
70. Runaway Slaves
71. Wells’ Precincts
72. Hudud Punishment for Adultery and Defamation [of a woman’s honour]
73. Stoning
74. [Intoxicating] Drinks
75. Theft
76. Those Who Wage War [on the Muslims]
77. Wounds i.e. corporal crimes
78. Capital Crimes
79. [Compensatory] Fines for Bloodshed
Asalaam alaikum,
JazakAllah Khayr for this, may Allah expand your heart with Nur
Ma’Salaam
Fi Eman Allah wa Rusilihi Sullula Hu Alayhe Wasalam
wa alaikum as-salam,
Wa iyyakum a thousandfold. Thank you for your du’a.
Abdassamad
As-salamu ‘alaikum dear Hajj,
A very nice post and a very interesting index… Do you or others plan to translate the Mudawwanah by any chance? 🙂
wa alaikum as-salam,
Unfortunately, I know of no-one who intends to translate the Mudawwanah at this time. It is a massive job.
Abdassamad