Fiqh as-Sunnah (Sayyid Sabiq): Summary of the Marriage Chapter and How to Read It

Sayyid Sabiq's (may Allah have mercy on him) Fiqh as-Sunnah is one of the most widely read fiqh books of the twentieth century. Because of its simple language, topic-based arrangement and evidence-based presentation of the Sunnah, it is popular with ordinary readers.

Fiqh as-Sunnah — Shaykh Sayyid Sabiq

Note: This summary is in our own words; it is not a substitute for reading the original book.

The book's method

• Mentioning the evidence from the Qur'an and Sunnah at the start of a topic.
• Presenting the views of the four madhhabs comparatively where needed.
• Explaining in simple, modern language, avoiding complex terminology.

What is in the marriage section

The topics generally found in the book's discussion of marriage:

1. The ruling on marriage, its encouragement and benefits.
2. The stages of marriage — the proposal, seeing the bride (Marriage proposals and meeting).
3. The pillars, conditions, witnesses and khutbah of marriage (Pillars and conditions of marriage).
4. The wali's role and a woman's consent (The wali (guardian)).
5. Kufu (Kufu).
6. Mahr (Mahr).
7. Prohibited women (muharramat) and milk relationships.
8. The mutual rights of husband and wife (Rights of husband and wife).
9. Plural marriage and justice (Justice).
10. Talaq, khula, iddah (Talaq and khula).

The book's strengths

• Easy to follow: a beginner reader of fiqh can read it without fear.
• Evidence-centred: every ruling comes with a mention of hadith.
• Comparative: the diversity of the madhhabs can be understood.

Limitations and cautions

• Hadith verification: there is criticism of the chains of some hadith; Muhammad Nasir ad-Din al-Albani (may Allah have mercy on him) reviewed them in his book Tamam al-Minnah.
• Final fatwas by madhhab: in any particular issue take advice from the reliable fiqh book of your own madhhab and a qualified mufti. For followers of the Hanafi madhhab, see Al-Hidaya and Radd al-Muhtar.
• Local law: the legal process for marriage registration, plural marriage and divorce in Bangladesh is not in the book (The legal process).

How to read it

First pick the chapter you need, read the evidence, mark the points of disagreement, then decide after checking with a reliable scholar. Other summaries: Ihya, Sahih al-Bukhari.

About the author and the background of the book

Sayyid Sabiq (may Allah have mercy on him) (1915–2000) was an Egyptian scholar. Fiqh as-Sunnah was published in the 1940s; its aim was to bring fiqh to ordinary readers in an easy, evidence-based way. The book has been widely read in the Arabic-speaking world and, in translation, in other languages too.

How a Hanafi reader should use the book

• Educational reading: use it to understand the general structure and the evidence of a topic.
• A map of differences: mark where the madhhabs differ.
• Final practice: according to the books of your own madhhab and a mufti's fatwa (Al-Hidaya and Radd al-Muhtar).

Topic index of the marriage chapter (for discussion)

You can look for what the book says on the following questions in the original book:

• How does the ruling on marriage change from person to person?
• What is the limit of seeing the bride?
• How does the discussion of the wali and consent differ by madhhab?
• What is said about the minimum / maximum limit of mahr?
• Which areas of justice are mentioned in plural marriage?
• What are the kinds of talaq and how is the iddah calculated?

Criticism and review — how to view it

Besides al-Albani's (may Allah have mercy on him) Tamam al-Minnah, other scholars have made various comments on hadith verification. As a reader you should take the book as "an important supplementary reading", not as the only final source. If possible, read several reliable books on the same subject side by side (Ihya Ulum ad-Din).

What to do in the Bangladeshi context

The book was written in an Arab-Egyptian context, so Bangladesh's laws (registration, permission for plural marriage, notice of divorce) are not in it. For those parts, see our legal discussions (The law of plural marriage, Nikahnama).

For advice on marriage, contact us.