About the Book
The Darr-ul-Mukhtar, was written in the year 1070 Hijri by Sheikh Muhammad Alauddin, who was Mufti at Damascus for a long time. That was originally in Arabic. The present volume, the Arabic Text of the Tanvirul Absar has been translated into English by Justice M.B. Dayal. He has translated this with great authority. In this volume the author comprehensively deals the topics, Marriage, Dower, Talaq, Rights and obligations of spouses, Talqah, Wakf, Gift, Will and Inheritance.
Darr-ul-Mukhtar is a work of established reputation and does not stand in need of any introduction. It has been referred to by all most all the modem writers on the Islamic Law and Shariah in India. This book will be useful to the Judges, Laweyers, Scholars and students of Islamic Shariah.
This is a word to word, and page to page exact reproduction of the monumental work 'DARR-UL- MUKHTAR'. This has intentionally done for the convenience of the readers, so that they made locate references and citations of this work made in other books.
It is hoped that the publication or this teasure of Islamic Shariah which remained out of print for more than a fifty years will be greatly appreciated.
Publisher’s Note
This work of established reputation needs no introduction. It has been extensively referred to and relied upon by almost all the modern words on Islamic Law.
The Durr-ul-Mukhtar (Selected Pearl) is a commentary on a work of great authority known as Tanvir-ul-Absar written by Sheikh Abdul lah Tamartashi. It was written in the Hijri year 1070, by the great scholar Sheikh Muhammad Ala-ud-Din, son of Sheikh Ali Haskafi who had been a Mufti at Damascus for a long time. The work as originally drafted was ten times bigger than what it is at present but while revising it the learned author Sheikh Muhammad Ala-ud-Din reduced its bulk and compressed it into the present volume.
The present publication is an English translation of the original work and deals with such portions of the work as are applicable to Muslims of the Hanafi Sect. It was rendered into English by Mr. B. M. Dayal, an Advocate of great fame and renowned for his learning in Islamic literature. He added. footnotes by way of annotations wherever necessitated and these have invariably been taken from Raddul Muhtar, the well-known commentary on the Durr-ul-Mukhtar by eminent jurist, Sheikh Muhammad Am in, also known as lbn-i-Abidin of Syria.
It would thus appear that the present work combines Durr-ul-Mukhtar and Raddul Muhtar into one compilation and also incorporates Tanvir-ul-Absar, with the result that it is a compendium of the Muslim (Hanafi) Law, which may prove of immense benefit to the research scholars, the Bench and the Bar, as well as the general readers who may be interested in the study of Islamic Law.
This edition is a word to word, line to line and page to page reproduction of the 1913 Edition.
Contents
Kitab-un-nikah
1-116
Prohibited females
13
Equality in marriage
48
Dower
59
Marriage of infidels
94
Fosterage
102
Kitab-ut-talak
117-331
Express Divorce
127
Divorce of an unconsummated wife
153
Implicative terms of divorce
159
Delegation of the power of divorce
169
Wife’s business in her hand
180
Mashiat (allowing the wife to divorce herself when she likes to do so)
186
Conditional divore
193
Divorce by person suffering from death-illness
203
Kajat (revocation of divorce)
216
Ilaa
231
Khula
244
Zihar
260
Lian
262
Impotency
273
Iddat
275
Nasab (Establishing Paternity)
391
Tutelage
303
Maintenance
316
Claiming paternity of a child
325
Iqrar (acknowledgment)
327
Acknowledgment by an invalid
328
Kitab-ul-wakf
332-361
Kitab-ul-hiba
362-380
Revocation of gift
374
Pre-emption
381
Kitab-ush-shufaa
Demand of pre-emption
386
What defeats the right of Pre-emption
395
Kitab-ul-Wsaya
402-428
Bequest of a third of the assets
416
Executor
428
Kitab-ul-Fraiz
429-456
Agnates
437
Aul
447
Zavil-arham
454
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