Contracts and Marriage in Al-Iqna: Hanbali Law in Practice

Al-Hajjawi's treatment of commercial transactions and marriage law in Al-Iqna presents the Hanbali school's positions in a form suitable for practical application by scholars, judges, and practitioners in Hanbali communities.

The law of sales (buyU') in Al-Iqna covers the standard conditions for valid contracts and the Hanbali school's distinctive positions on specific contract types. The Hanbali school is notably permissive on option clauses (khiyar al-shart), allowing option periods beyond the three days permitted by the Hanafi school. This flexibility reflects the Hanbali school's willingness to accommodate commercial practice where the prophetic evidence does not strictly limit it.

The Hanbali school's position on the contract of bay' al-wafa' (a form of property transfer that functions as security for a debt, with a right of repurchase) is addressed in Al-Iqna. This contract was commonly used in commercial practice as a form of secured lending, and the Hanbali school's evaluation of its permissibility — with conditions ensuring it does not become a riba transaction — reflects the school's engagement with contemporary commercial needs.

The istisnaa' (manufacture contract) is recognized by the Hanbali school as permissible based on widespread practice and the principle that custom ('urf) plays a role in legitimating commercial contracts that serve genuine needs. Al-Hajjawi presents the conditions for istisnaa' — specification of the goods to be manufactured, agreement on price, and reasonable time for completion.

Marriage law in Al-Iqna presents the Hanbali school's strict requirement of a wali (guardian) for all women's marriage contracts. No valid marriage contract can be formed without the woman's guardian — father, paternal grandfather, or successively more distant male relatives in order of priority. Al-Hajjawi also presents the Hanbali school's kafa'ah (compatibility/suitability) doctrine: a guardian may contest a marriage that he considers an unsuitable match for his ward, even if the woman has consented.

The mahr (dower) in Al-Iqna is an obligatory right with no minimum specified amount, though it must have recognized monetary value. Al-Hajjawi presents the rules on when the full mahr is owed (after consummation or the husband's death), when half is owed (after a valid contract but before consummation, if the husband initiates divorce), and when nothing is owed (if the marriage is annulled before consummation for a defect attributable to the wife).

Divorce law in Al-Iqna covers the Hanbali school's positions on talaq, including the highly debated question of triple divorce in a single session. The Hanbali school's position — consistent with the position of most classical schools — is that three pronouncements in a single session constitute an effective triple divorce. Al-Hajjawi also addresses the 'iddah waiting period, the husband's obligation of maintenance during 'iddah, and the conditions for khul' divorce initiated by the wife.

Al-Iqna's practical treatment of commercial and family law, made authoritative by al-Buhuti's extensive commentary in Kashshaf al-Qina, continues to shape Hanbali legal practice across the communities where the school is followed.