Footnotes (2)

15 The Prophet (PBUH) sent out a party of Muslims with the dircctions, "Perform the 'Asr Salah at Banu Qurayzah." Interpreting this literally, one group of Muslims in the party continued on their journey through to sunset, without stopping for 'Asr Salah at its prescribed time. A second group, however, more inclined to follow the spirit rather than the letter of the Prophet's words, stopped short of Banu Qurayzah in order to perform the Salah at the prescrihed time. When informed of what each group had done, the Prophet (PBUH) said that hoth had been right. (Ed.)

16 This Hadith is a well-known and authentic one, and was included by Imams al Bukhiri, Abu Dawud, al Nasa'i, Ibn Mijah, and Ahmad in their Hadith collections. (Ed.)

17 This Hadith is a sound one and was related by al Bukhiri, Muslim, and several others in their collections of authentic Hadith. (Ed.)

18 See Ibn Hazm, Al Ihkam, V, 92-93.

19 al Dahlawi, op. cit, I, 315.

20 There is disagreement about the meaning of the word Kalalah. According to some, it denotes those who die leaving no lineal heirs, neither issue nor father or grandfather. Others, however, see it as referring to those who die without issue, regardless of whether succeeded by father or grandfather. The relevant verse in the Qur'an is found in Surat al Nisa, 4:176. And it was on the basis of this verse that Abu Bakr ruled as he did. Abu Bakr's reasoning was that the verse specifies that the sister of the Kalalah is to receive a half of the inheritance; and if the father had been alive, the sister would not have inherited from the Kalalah at all. Thus, while the Qur'an does not specify the matter; it is fairly clear that the implied meaning is that the Kalalah is one who dies leaving no lineal heirs in either direction. (Ed.)

21 This Hadith is an authentic one and was related by Imams al Bukhari, Muslim, al Tirmidhi, Ibn Majah, Ahmad, al Tayalisi, and others. (Ed.)

22 Abu Bakr meant to say that the interpretation he gave to the words of the Hadith was not a strictly literal one. Rather, Abu Bakr felt that the credal formula, "There is no god but Allah", is actually to be understood topically as an indication of faith; where faith includes several articles, including Zakah, in addition to profession of the creed. (Ed.)

23 Ibn Qayyim, op. cit.

24 al Dahlawi; op. cit., I, 278.

25 Ibid.

26 Perhaps the most popular Hadith to use this format is the one about brushing the teeth before Salah (siwak). (Ed.)

27 Al Istishab: The consideration of circumstances in the process of adducing a legal argument.

28 Al Istihsan: The acceptance of a Qiyas-analogy that appears juridically superior in comparison with an obvious analogy. It is in this context that al Istihsan has been sometimes been translated as "Juristic Preference". (Ed.)

29 Al Istislah: Legal consideration of the welfare and well-being of both the individual and society as a whole. (Ed.)