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ḥiyal
''Ḥiyal'' (, singular ''ḥīla'' "contortion, contrivance; device, subterfuge") is "legalistic trickery" in Islamic jurisprudence. The main purpose of ''ḥiyal'' is to avoid straightforward observance of Islamic law in difficult situations while still obeying the letter of the law. An example of ''hiyal'' is the practice of "dual purchase" (') to avoid the prohibition of usury by making two contracts of purchase and re-purchase (at a higher price), similar to the modern futures contract. A special sub-field of ''ḥiyal'' is "oath-trickery" () dedicated to the formulation of ambiguous statements designed to be interpreted as an oath or promise while leaving open loopholes to avoid perjury. Views on its admissibility in Islam have varied by schools of Islamic jurisprudence (''Madhhab''), by time period, and by type of ''ḥiyal''. A substantial literature on such tricks has developed in the Hanafi school of jurisprudence in particular. In history and Madhhab The earliest devel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Book Of Ingenious Devices
The ''Book of Ingenious Devices'' (, ) is a large illustrated work on mechanical devices, including automata, published in 850 by the three brothers of Persian descent, the Banū Mūsā brothers (Ahmad, Muhammad and Hasan ibn Musa ibn Shakir) working at the House of Wisdom (''Bayt al-Hikma'') in Baghdad, Iraq, under the Abbasid Caliphate. The book described about one hundred devices and how to use them. Overview The book was commissioned by the Abbasid Caliph of Baghdad, Al-Ma'mun (786–833), who instructed the Banū Mūsā brothers to acquire all of the Hellenistic texts that had been preserved by monasteries and by scholars during the decline and fall of Roman civilization. The Banū Mūsā brothers invented a number of automata (automatic machines) and mechanical devices, and they described a hundred such devices in their ''Book of Ingenious Devices''. Some of the devices described in the ''Book of Ingenious Devices'' were inspired by the works of Hero of Alexandria a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Al-Ḫaṣṣāf
Abu Bakr al-Khassaf (,''Abu Bakr Al-Ḫaṣṣāf'' ) (died 874, full name ''Abu-Bakr Ahmad Ibn-Amru ash-Shaybani al-Khassaf'') was a Hanafite law scholar at the court of the 14th Abbasid Caliph al-Muhtadi. He is the author of a seminal work on '' Qādī'', known as . A commentary on the work was written by al-Jaṣṣās in the 10th century. An English translation was published by G. P. Verbit in 2008. Al-Ḫaṣṣāf is also the author of a'' Kitāb al-ḥiyal wa-l-maḫārij'', a work on legalistic trickery or '' ḥiyal'', and a ''kitāb aḥkām al-awqāf'', on religious institutions or ''waqf''. The earliest development of this field is the ''Kitāb al-maḫārij fī l-ḥiyal'' ("book of evasion and trickery") by Muhammad al-Shaybani (d. 805). A more comprehensive treatment is the ''Kitāb al-ḥiyal wa-l-maḫārij'' by Al-Khassaf.Schacht 1926, 218. Editions * al-Khaṣṣāf, Adab al-qāḍī, ed. Farḥāt Ziyāda (Cairo: American University in Cairo Press, 19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Banking
Islamic banking, Islamic finance ( ''masrifiyya 'islamia''), or Sharia-compliant finance is banking or financing activity that complies with Sharia (Islamic law) and its practical application through the development of Islamic economics. Some of the modes of Islamic finance include '' mudarabah'' (profit-sharing and loss-bearing), '' wadiah'' (safekeeping), '' musharaka'' (joint venture), '' murabahah'' (cost-plus), and '' ijarah'' (leasing). Sharia prohibits ''riba'', or usury, generally defined as interest paid on all loans of money (although some Muslims dispute whether there is a consensus that interest is equivalent to ''riba''). Investment in businesses that provide goods or services considered contrary to Islamic principles (e.g. pork or alcohol) is also ''haram'' ("sinful and prohibited"). These prohibitions have been applied historically in varying degrees in Muslim countries/communities to prevent un-Islamic practices. In the late 20th century, as part of the revi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sahih Al-Bukhari
() is the first hadith collection of the Six Books of Sunni Islam. Compiled by Islamic scholar al-Bukhari () in the format, the work is valued by Sunni Muslims, alongside , as the most authentic after the Qur'an. Al-Bukhari organized the book mostly in the Hijaz at the Sacred Mosque of Mecca and the Prophet's Mosque of Medina and completed the work in Bukhara around 846 (232 AH). The work was examined by his teachers Ahmad ibn Hanbal, Ali ibn al-Madini, Yahya ibn Ma'in and others. Content Sources differ on the exact number of hadiths in Sahih al-Bukhari, with definitions of hadith varying from a prophetic tradition or sunnah, or a narration of that tradition. Experts have estimated the number of full-'' isnad'' narrations in the Sahih at 7,563, with the number reducing to around 2,600 without considerations to repetitions or different versions of the same hadith. Bukhari chose these narrations from a collection of 600,000 narrations he had collected over 16 years. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharia Legal Terminology
Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intangible divine law; contrary to ''fiqh'', which refers to its interpretations by Ulama, Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside urf, customary law from the very beginning in Islamic history; has been elaborated and developed over the centuries by fatwa, legal opinions issued by mufti, qualified jurists – reflecting the tendencies of Schools of Fiqh, different schools – and integrated and with various economic, penal and administrative laws issued by Muslims, Muslim rulers; and implemented for centuries by Qadi, judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional Principles of Islamic jurisprudence, theory o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arabic Words And Phrases In Sharia
Arabic (, , or , ) is a Central Semitic language of the Afroasiatic language family spoken primarily in the Arab world. The International Organization for Standardization (ISO) assigns language codes to 32 varieties of Arabic, including its standard form of Literary Arabic, known as Modern Standard Arabic, which is derived from Classical Arabic. This distinction exists primarily among Western linguists; Arabic speakers themselves generally do not distinguish between Modern Standard Arabic and Classical Arabic, but rather refer to both as ( "the eloquent Arabic") or simply ' (). Arabic is the third most widespread official language after English and French, one of six official languages of the United Nations, and the liturgical language of Islam. Arabic is widely taught in schools and universities around the world and is used to varying degrees in workplaces, governments and the media. During the Middle Ages, Arabic was a major vehicle of culture and learning, especially ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Reservation
Mental reservation (or mental equivocation) is an ethical theory and a doctrine in moral theology which recognizes the "lie of necessity", and holds that when there is a conflict between justice and veracity (ethics), telling the truth, it is justice that should prevail. The doctrine is a special branch of casuistry (case-based reasoning) developed in the late Middle Ages and the Renaissance. While associated with the Jesuits, it did not originate with them. It is a theory debated by moral theologians, but not part of Canon law. Secular use It was argued in moral theology, and now in ethics, that mental reservation was a way to fulfill obligations both to tell the truth and to keep secrets from those not entitled to know them (for example, because of the Seal of the Confessional and the Catholic Church, seal of the confessional or other clauses of confidentiality). Mental reservation, however, is regarded as unjustifiable without grave reason for withholding the truth. This condi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taqiyya
In Islam, ''taqiyya'' ()R. STROTHMANN, MOKTAR DJEBLI. Encyclopedia of Islam, 2nd ed, Brill. "TAKIYYA", vol. 10, p. 134. Quote: "TAKIYYA "prudence, fear" ... denotes dispensing with the ordinances of religion in cases of constraint of preaching.". is the practice of dissimulation and secrecy of religious belief and practice, primarily in Shia Islam. Generally, ''taqiyya'' is regarded as the act of maintaining secrecy or mystifying one's beliefs when one's life or property is threatened. The practice of concealing one's beliefs has existed since the early days of Islam; early Muslims did so to avoid persecution or violence by non-Muslim governments or individuals. The use of ''taqiyya'' has varied in recent history, especially between Sunni Muslims and Shia Muslims. Sunni Muslims gained political supremacy over time and therefore only occasionally found the need to practice ''taqiyya''. On the other hand, Shia Muslims, as well as Sufi Muslims developed ''taqiyya'' as a method o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Encyclopaedia Of Islam
The ''Encyclopaedia of Islam'' (''EI'') is a reference work that facilitates the Islamic studies, academic study of Islam. It is published by Brill Publishers, Brill and provides information on various aspects of Islam and the Muslim world, Islamic world. It is considered to be the standard reference work in the field of Islamic studies. The first edition was published in 1913–1938, the second in 1954–2005, and the third was begun in 2007. Content According to Brill, the ''EI'' includes "articles on distinguished Muslims of every age and land, on tribes and dynasties, on the crafts and sciences, on political and religious institutions, on the geography, ethnography, flora and fauna of the various countries and on the history, topography and monuments of the major towns and cities. In its geographical and historical scope it encompasses the old Arabo-Islamic empire, the Islamic countries of Iran, Central Asia, the Indian sub-continent and Indonesia, the Ottoman Empire and a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Schacht
Joseph Franz Schacht (, 15 March 1902 – 1 August 1969) was a British-German professor of Arabic and Islam at Columbia University in New York. He was the leading Western scholar in the areas of Islamic law and hadith studies, whose ''Origins of Muhammadan Jurisprudence'' (1950) is still considered a centrally important work on the subject. The author of many articles in the first and second editions of the ''Encyclopaedia of Islam'', Schacht also co-edited the second edition of ''The Legacy of Islam'' and authored a textbook titled ''An Introduction to Islamic Law'' (1964). Life and career Schacht was born into a Catholic family but, with a zeal for study, became at an early age a student in a Hebrew school. In Breslau and Leipzig he studied Semitic languages, Greek, and Latin, under professors including Gotthelf Bergsträßer. In 1924 he published his Habilitations-Schrift, ''Das kitab al-hiial fil-fiqh (Buch d. Rechtskniffe) des abū Hātim Mahmūd ibn al-Hasan al-Qazuīnī'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islam And Modernity
Islam and modernity is a topic of discussion in contemporary sociology of religion. The history of Islam chronicles different interpretations and approaches. Modernity is a complex and multidimensional phenomenon rather than a unified and coherent one. It has historically had different schools of thought moving in many directions. Industrial Revolution In the 18th century, Europe was undergoing major transformations as the new ideas of the Enlightenment, which stressed the importance of science, rationality, and human reason; and the new technologies of the Industrial Revolution swept across Europe, giving Europeans great power and influence. In the last quarter of the 18th century, the gap widened between the technical skills of some western and northern European countries and those of the rest of the world. The rise of modern Europe coincided with what many scholars refer to as the decline of the Ottoman Empire, which by the 18th century was facing political, military, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
