Al-Hidaya and Radd al-Muhtar: A Guide to Reading 'Kitab an-Nikah' in Hanafi Fiqh

Among the fiqh books considered the most reliable in the Qawmi and Alia madrasas of Bangladesh and in the Hanafi scholarly community, Al-Hidaya and Radd al-Muhtar are among the foremost. In this article a reading map of the nikah chapter of these two books is given, so that the ordinary reader can understand where to look for the answer to which question.

Al-Hidaya — Kitab an-Nikah | Radd al-Muhtar — Kitab an-Nikah

Note: This is our own reading guide; it is not a fatwa. In any specific event, take a mufti's advice.

Introduction to the two books

Book	Author	Features
Al-Hidaya	Burhan ad-Din al-Marghinani (d. 593 AH)	A concise base text and rulings with evidence; a text of the Dars-e-Nizami
Radd al-Muhtar	Ibn Abidin Shami (d. 1252 AH)	A detailed hashiyah; later-period fatwas and the settling of differences

The general topics of "Kitab an-Nikah"

A reading map — by topic:

1. Definition and ruling of nikah — the variations of being fard, wajib, Sunnah or mubah.
2. Pillars and conditions — ijab-qabul, witnesses, the eligibility of groom and bride (The pillars, conditions, witnesses and khutbah of nikah).
3. Prohibited women (muharramat) — prohibitions arising from blood, milk and marital relationship.
4. The wali and wilayah — the order of guardians and the limits of a woman's independence (The wali (guardian)).
5. Kufu (Kufu).
6. Mahr — the minimum amount, deferred mahr, the effect of consummation / seclusion and of divorce (Mahr).
7. Qasm (division of time) and justice among multiple wives — discussed separately in Radd al-Muhtar under "Bab al-Qasm" (Justice).
8. Maintenance (nafaqah) — the wife's due and the discussion about its amount (Maintenance and housing).
9. Special situations concerning the validity of marriage — fasid and batil nikah, wakalah etc.

(Talaq, khula and iddah generally come in a separate chapter — Talaq and khula.)

How an ordinary reader should use them

1. Pick a topic — such as "wali" or "mahr".
2. Read with a translation / commentary — the Arabic fiqh language and terminology are not easy; take the help of a qualified teacher.
3. Mark the points of difference — even within the Hanafi madhhab the views of Imam Abu Hanifa, Abu Yusuf and Muhammad (may Allah have mercy on them) may differ; the mufti will tell which view is prevalent for fatwa.
4. Consider the contemporary situation — for today's state law (registration, plural marriage), questions of marriage through digital media etc., contemporary fatwas are needed (Nikahnama, The law of plural marriage).

Limitations

• The original books were written in the social context of several centuries ago; in some rulings later jurists gave different, time-appropriate conclusions.
• An ordinary reader deriving a fatwa directly from a book creates a risk of misunderstanding.

The authors and the place of the books

Burhan ad-Din al-Marghinani (may Allah have mercy on him) was a jurist of Central Asia; his Al-Hidaya has for many centuries been esteemed as a foundational text in the line of Hanafi fiqh study, and many commentaries (such as Fath al-Qadir) have been written on it. Ibn Abidin Shami (may Allah have mercy on him) (1198–1252 AH) was a jurist of Damascus; his Radd al-Muhtar (Hashiyat Ibn Abidin) is one of the main reliable sources of later Hanafi fatwas.

The principle: mufta bihi versus non-mufta bihi

In Hanafi fiqh, the views of the Imams on the same issue may differ (Abu Hanifa, Abu Yusuf, Muhammad, may Allah have mercy on them). Which view is acceptable for fatwa has been determined by later jurists (the "mufta bihi view"). If an ordinary reader decides a fatwa by reading one sentence of a book, it can be wrong; for this a mufti's help is essential.

More questions to discuss on nikah-related matters

• What is the difference between a fasid (defective) and a batil (void) nikah?
• The order of walis, an absent wali and the limits of the girl's independence.
• How is kufu determined and whose right is it?
• How is mahr al-mithl determined?
• The rules of qasm between wives and the draw on journeys.
• The Shariah standard of maintenance and housing.

For each question, get into the habit of finding the relevant bab and fasl.

An easy start for the ordinary reader

Reading Arabic books directly is hard; so:

1. Start with a Bengali translation or commentary.
2. Get the explanation of a matter understood from a local scholar.
3. Take a written or oral fatwa in a specific event.
4. Check the resulting decision against the legal process (The legal process).

The role of fiqh on questions of modern times

On new matters such as online nikah, digital testimony, DNA proof etc., there is no direct answer in the classical books. Contemporary fiqh academies and muftis give fatwas in light of the principles. So following the tradition and turning to qualified scholars on new questions is the right way.

Read more

Fiqh as-Sunnah (comparative fiqh), Ma'ariful Qur'an (a tafsir of the Hanafi tradition). If you have questions, contact us.