Marriage and Contracts in Al-Muqni

Al-Muqni's family law and contracts chapters present Hanbali jurisprudence in these practical areas with the systematic clarity that characterizes Ibn Qudamah's entire approach. The marriage chapter is particularly valuable for its presentation of the Hanbali school's distinctive positions on consent, guardianship, and the basis of the marriage contract.

Marriage in the Hanbali school requires the wali as a condition of validity — consistent with the Shafi'i and Maliki schools. The wali order follows the agnatic (paternal) line: father, paternal grandfather, son, grandson, full brother, half-brother from the father, paternal uncle, son of paternal uncle, and so on. In the absence of any natural wali, the ruler or his representative acts as wali. A marriage contracted without any wali is void.

Ibn Qudamah explains the Hanbali position on consent: an adult virgin's consent is required — the father does not have the power of ijbar (compulsory marriage) over an adult daughter without her consent. This position, as noted in the introduction to the Hanbali school chapter, follows the hadith 'The virgin is consulted about herself, and her silence is her consent' (al-Bukhari, Muslim), understood by the Hanbali school to mean that consent (not merely silence) is required. For a minor girl, the father may contract her marriage without waiting for her to grow up, but she has the option to void the marriage upon reaching puberty if she was not consulted (khiyar al-bulugh) — a protective mechanism for young women.

The mahr in the Hanbali school has no minimum requirement — consistent with the Shafi'i school. The mahr al-mithl applies when none was specified. Ibn Qudamah notes the Hanafi minimum of ten dirhams and explains why the Hanbali school does not adopt it: there is no authenticated prophetic text specifying a minimum amount, and the hadith of the iron ring indicates that even a negligible mahr is valid if agreed upon.

On talaq, Ibn Qudamah presents the Hanbali school's positions on the forms of divorce and their effects. The sunnah divorce (talaq as-sunnah) is a single revocable talaq during a period of purity when no intercourse has occurred. The bid'ah divorce (talaq al-bid'ah) — during menstruation or in a triple form — is sinful but effective. On the triple talaq, the Hanbali school in Ibn Qudamah's formulation follows the majority Sunni position that it counts as three final divorces.

The chapters on financial contracts in Al-Muqni reflect the Hanbali school's general permissibility principle: 'The basic rule for transactions is permissibility, unless prohibited by text.' Ibn Qudamah covers the conditions for valid sale (bay'), the prohibition of riba and gharar, the forward purchase contract (salam), the hire contract (ijarah), partnerships (shirkah), and agency (wakalah). His treatment of partnerships is particularly detailed — the Hanbali school recognizes several forms of partnership that other schools restrict or treat with more caution, making Hanbali commercial law somewhat more flexible in this area.

The musaqah (irrigation partnership for orchards) and muzara'ah (share-cropping) contracts receive careful attention in Al-Muqni. The Hanbali school validates both, following authenticated hadiths showing the Prophet contracting on these terms with the people of Khaybar. Some other schools treat muzara'ah with more restriction. Ibn Qudamah's clear presentation of these agricultural contracts made Al-Muqni an important reference for the agrarian economies of the regions where Hanbali law was practiced.