Intiqal (transfer or passage: of a thing, a duty, a right and a ruling)

Intiqal in the lexical sense is moving from one place to another; it is used figuratively for a change of state, such as a woman's waiting period passing from divorce to widowhood. ¹ Zawal, the other word, means departure or ceasing; intiqal is more complete and does not need a settled state first. ¹

When the original cannot be done, the duty passes to its substitute: a usurped thing destroyed must be paid by its like or its value; tayammum replaces ablution when water is lacking; sitting replaces standing; a ransom replaces fasting; a wife's dower of wine passes to the customary dower. ¹

A substitute may be paid where it serves a clear public interest, such as paying the value in zakat according to the Hanafis; by agreement, a debt of loan and the value of a destroyed thing may pass, but not a debt of advance sale. ²

• Physical passage: a custodian who moves to settle elsewhere loses her custody; a divorced woman with a revocable divorce does not move out of her house except in necessity. ²³
• Passage of a debt by transfer (hawala) from one person to another. ³
• Passage of intention: during a bodily act of worship, changing the intention breaks it for most jurists; the Hanafis hold it broken only with a start on another act. ³
• Passage of rights: rights tied to the person and his will do not pass to heirs, such as the oath of cursing, return after the vow of abstention, and return from the oath of likeness; rights of property do pass, such as the option of stipulation in the Shafi'i view and pre-emption in the Maliki view. ³⁴
• Passage of rulings: the waiting period of divorce passes to that of widowhood if the husband dies during it; the waiting period of a minor passes from months to menstruation when she menstruates. ⁴
• Passage of shares by reduction: the husband's share passes from a half to a quarter where a child survives. ⁴