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Scripture and its sciencesFamily, marriage and kinship
Summary
Tarakhi is performing an act later than its first possible time, up to the point where it may be lost. Its opposite is fawr, performing it at once. 1
Definition and fawr
Tarakhi comes from holding back from a thing, and a matter that is tarakha extends in time. Fawr in the language is the present moment with no delay; in law it is performing an act at the first possible time. 1
A bare command
Usulis disagree on a bare command with no sign of its time: whether it requires prompt performance, delay, or both. Those who take a command to mean repetition say it requires promptness. Those who take it to mean one act hold four views: that it is a bare demand shared by promptness and delay (the sounder Hanafi and Shafi'i view); that it requires promptness (the Malikis and Hanbalis); that it permits delay; or that it is ambiguous. The hajj is an example: is it prompt or delayed? 1 2 The majority of usulis hold that a prohibition implies permanence and generality. 2 The fuller treatment is in the usul appendix. 2
Permission and "then"
The author of Musallam al-Thubut lists among cases that are not called permissions one where the ruling of a cause is delayed while the cause remains, as with a traveller or sick person breaking the fast, on the hadith of Hamza ibn Amr al-Aslami. The particle "then" originally marks conjunction with succession and delay; Abu Hanifa and his companions differ on its effect. 5
Delay in the jurists' rulings
- Return of usurped goods: the Shafi'is and Hanbalis require prompt return where the taker has no excuse, on the hadith that the hand is answerable for what it took until it returns it. 5 3
- Gift: the Shafi'is do not allow acceptance to be delayed after the offer; the Hanbalis allow it while the parties remain in the session. 3
- Pre-emption: the Hanafis, the sounder Shafi'i view and the Hanbalis require claiming it promptly once known; the Malikis allow up to a year. 3
- Bequest: the Shafi'is and Hanbalis do not require acceptance to be prompt; it may be accepted after the testator's death. 3
- Marriage: the Hanafis and Hanbalis allow acceptance to be delayed while the parties have not parted; the Shafi'is and Malikis require promptness, the Malikis allowing a slight delay. 6
- Defect option in marriage: delayed for the Hanbalis, prompt in the Shafi'i school, and not recognized by the Hanafis. 6 4
- A wife's divorce of herself under delegation: not limited to the session for the Hanafis, Malikis and Hanbalis; the Shafi'is in the newer view take the delegation as prompt. 4
People and things also explored
Taj Mahal· Abawan (the two parents)· Justice among co-wives· Obstructing a marriage (adl): the guardian and the husband· Fleshy growth in the wife's womb and the right to annul (afal)· Ahl al-Nasab (the kin by descent, and who counts as kin in bequests and endowments)· Akdariyya (a named inheritance case)· Brother (full, paternal and maternal) in law
Sources
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.4922
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.4923
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.4925
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.4927
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.4924
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.4926
Cite this page
islam.museum contributors. “Tarakhi (delay in performing a duty)”. islam.museum, https://islam.museum/en/concept/tarakhi/. CC BY-SA 4.0. Last updated 2026-10-23.