al-Kaffarat Ahkam wa Dawabit

Author died
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Editions
Ministry of Awqaf and Islamic Affairs in the State of Kuwait

al-Kaffarat: Ahkam wa Dawabit (Expiations: Rulings and Guidelines) is a contemporary jurisprudence treatise on Islamic expiations written by the Yemeni-Kuwaiti researcher and imam Abd al-Raqib al-Shami (Dr. Abd al-Raqib Salih Muhsin al-Shami) . Completed in Jumada al-Akhira 1439 AH (March 2018 CE) in Kuwait, the work offers a systematic study of the juristic rules, individual categories, and contemporary applications governing expiatory acts (kaffarat) in Islamic law .

Background and Purpose

The author composed the work to address issues of widespread occurrence (‘umum al-balwa) and societal necessity, aiming to clarify the essential legal points that the general public and students of law need regarding expiations . In the introduction, he frames kaffarat as a distinctive legislative framework that combines worship and devotion to God with ethical dimensions such as mutual solidarity (al-takaful al-ijtima‘i) and relief for the needy .

Structure and Contents

The book is arranged into an introductory prelude (tamhid), six thematic chapters, and a conclusion :

  • Prelude: Explores foundational concepts across six subheadings: the linguistic and technical definitions of kaffara; the legislative wisdom behind expiations (both individual spiritual refinement and societal benefit); the legal obligation (al-hukm al-taklifi); the distinction between kaffara and compensation (fidyah); the juristic debate over whether expiations serve as deterrent penalties (‘uqubat) or remedial compensations (jawabir); and the actions that trigger expiation .
  • Chapter 1: Expiation for Oaths (Kaffarat al-Yamin): Divided into five sections covering the definition and legitimacy of oaths, their categories, the permissible forms of oath expiation (feeding, clothing, freeing a slave, or fasting), its detailed rulings, and acts resembling oaths (mushabbahat al-yamin) .
  • Chapter 2: Expiation for Injurious Assimilation (Kaffarat al-Zihar): Discusses the definition and prohibition of zihar, followed by the ordered sequence of its expiatory options and related regulations .
  • Chapter 3: Expiation for Homicide (Kaffarat al-Qatl): Outlines the types of homicide that incur expiation, the specified forms of expiation, and their legal rulings .
  • Chapter 4: Expiation for Intercourse during Ramadan Day (Kaffarat al-Jima‘ fi Nahar Ramadan): Details the conditions that trigger this penalty and its specific rules .
  • Chapter 5: Expiation for Hunting Game in Ihram (Kaffarat Qatl al-Muhrim li-l-Sayd): Covers prohibited hunting during pilgrimage and the corresponding options for penalty .
  • Chapter 6: General Rulings on Expiations: Addresses overarching cross-cutting issues in seven sections:
    1. Paying cash value (ikhraj al-qimah) instead of providing food or clothing .
    2. Proxy performance (al-niyabah) in expiatory duties .
    3. Appointing agents or charitable societies (tawkil) for distribution .
    4. Transferring expiations outside the country of obligation .
    5. Giving expiations to non-Muslims .
    6. The obligation of immediate versus delayed discharge (al-fawr wa-l-tarakhi) .
    7. Circumstances causing the lapse or extinction (suqut) of the expiation .

Publication

The work was published in a single volume in its first edition in 1439 AH / 2018 CE .

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