Try Qaf

Ahmad ibn Abd Allah al-Umari

al-Waraqat fima yakhtalif fihi al-Rijal wa al-Nisa

Author died
-
Editions
Islamic University of Madinah

al-Waraqat fima yakhtalif fihi al-Rijal wa al-Nisa fi Abwab min al-Mu'amalat ("The Papers on Legal Differences Between Men and Women in Chapters of Transactions") is a comparative Islamic jurisprudence treatise by the contemporary scholar Ahmad ibn Abd Allah al-Umari, focusing on the areas of financial and civil transactions where rulings diverge between men and women.

Background and Purpose

The treatise is part of a broader research series initiated by al-Umari to examine gender-differentiated rulings in Islamic jurisprudence. The series began with his doctoral dissertation on acts of worship, published as al-Ihkam fima yakhtalif fihi al-rijal wa-al-nisa min al-ahkam, followed by a study on sales entitled al-Lumu' fima yakhtalif fihi al-rijal wa-al-nisa min ahkam al-buyu', before concluding with this volume on broader transactions. The author composed the work to systematically delineate the juristic distinctions between men and women, aiming to respond from a legal perspective to contemporary Western discourses on female emancipation and absolute gender equality.

Structure and Contents

The work is organized into an introduction, two main chapters comprising ten topical sections (mabahith), and a conclusion with indexes:

  • Introduction: Details the significance of the topic, the motives for undertaking the research, the methodological framework, and the structural outline.
  • Chapter One: Interdiction (al-Hajr): Explores five issues:
    1. Signs of puberty that differ between males and females.
    2. The legal ruling on releasing property to young men versus young women upon reaching puberty.
    3. The ruling on spouses independently managing their personal wealth without spousal consent.
    4. The ruling on a husband giving charity from his wife's wealth and a wife giving charity from her husband's wealth.
    5. The ruling regarding the financial guardianship of the father versus the mother over a child's wealth.
  • Chapter Two: Gifts and Bequests (al-Hibah wa-al-Wasiyyah): Explores five issues:
    1. The ruling on a father versus a mother accepting a gift on behalf of a child.
    2. The ruling on a father retracting a gift given to his child versus a mother doing so.
    3. The manner of maintaining equality in gifts and donations between sons and daughters.
    4. The ruling on a husband retracting a gift given to his wife versus a wife retracting a gift to her husband.
    5. The ruling on appointing a male versus a female testamentary executor (al-wasiyyah).
  • Conclusion: Summarizes the primary findings of the research, followed by detailed thematic indexes.

Methodology

Al-Umari adopts a comparative jurisprudential method without adhering strictly to a single legal school. For each legal issue, he documents the stances of the four major Sunni schools—Hanafi, Maliki, Shafi'i, and Hanbali—alongside reports from the Companions and Successors. In presenting proofs, he places scriptural evidences before rational arguments, addresses criticisms of each proof, and deduces evidence where earlier authorities did not explicitly provide one. He determines the preponderant legal position (al-rajih) in each discussion and provides a summary highlighting the practical distinction between men and women whenever it is not readily apparent. He also provides source references for Quranic verses and hadith narrations, employing specific abbreviations for major reference works such as the Musannaf of Abd al-Razzaq al-San'ani and the Musannaf of Ibn Abi Shaybah.

Answer updated