Al-Ḫaṣṣāf
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Al-Ḫaṣṣāf
Al-Ḫaṣṣāf () (died 874, full name ''Abū-Bakr Aḥmad Ibn-ʿUmar Ibn-Muhair aš-Šaibānī al-Ḫaṣṣāf'') 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-Hassaf.Schacht 1926, 218. Editions * al-Khaṣṣāf, Adab al-qāḍī, ed. Farḥāt Ziyāda (Cairo: American University in Cairo Press, 1978) * Abubakar ...
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Ḥiyal
''Ḥiyal'' (حيل, singular ''ḥīla'' حيلة "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" (''baiʿatān fī baiʿa'') 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" (''maʿārīḍ'') 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 ...
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ḥiyal
''Ḥiyal'' (حيل, singular ''ḥīla'' حيلة "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" (''baiʿatān fī baiʿa'') 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" (''maʿārīḍ'') 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 ...
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Al-Jaṣṣās
Al-Jaṣṣās (, 305 AH/917 AD - 370 AH/981 AD; full name ''Abū Bakr Aḥmad ibn ʿAlī al-Rāzī al-Jaṣṣāṣ'') was a Hanafite scholar,Jonathan A.C. Brown (2007), ''The Canonization of al-Bukhārī and Muslim: The Formation and Function of the Sunnī Ḥadīth Canon'', p.151. Brill Publishers. . mostly known as the commentator of Al-Ḫaṣṣāf's work on ''Qādī'' (jurisprudence). According to Tillier (2009:281), the original work and its commentary can now "hardly be separated: al-Khaṣṣāf's original text is included in al-Jaṣṣāṣ's commentary". Al-Jaṣṣās is also the author of a work on ''tafsir'', ''Aḥkām al-Qur'ān''. Editions * Al-Khaṣṣāf, ''Adab al-qāḍī'', ed. Farḥāt Ziyāda (Cairo: American University in Cairo Press, 1978) * Abubakar Ahmad Ibn ‘Amr al-Khassaf, ''Kitab Ahkam al-Awqaf'' (Cairo: Diwan ‘Umum al-Awqaf al-Misriyyah, 1904) *''Aḥkām al-Qur’ān'', Beirut, Libanon: Dār al-Iḥyā’ al-Turāth, 1984 *''Aḥkām ...
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Abbasid Caliphate
The Abbasid Caliphate ( or ; ar, الْخِلَافَةُ الْعَبَّاسِيَّة, ') was the third caliphate to succeed the Islamic prophet Muhammad. It was founded by a dynasty descended from Muhammad's uncle, Abbas ibn Abdul-Muttalib (566–653 CE), from whom the dynasty takes its name. They ruled as caliphs for most of the caliphate from their capital in Baghdad in modern-day Iraq, after having overthrown the Umayyad Caliphate in the Abbasid Revolution of 750 CE (132  AH). The Abbasid Caliphate first centered its government in Kufa, modern-day Iraq, but in 762 the caliph Al-Mansur founded the city of Baghdad, near the ancient Babylonian capital city of Babylon. Baghdad became the center of science, culture and invention in what became known as the Golden Age of Islam. This, in addition to housing several key academic institutions, including the House of Wisdom, as well as a multiethnic and multi-religious environment, garnered it a worldwide reputation as the ...
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Hanafite
The Hanafi school ( ar, حَنَفِية, translit=Ḥanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools (maddhab) of Islamic Law (Fiqh). It is named after the 8th century Kufan scholar, Abu Hanifa, a Tabi‘i of Persian origin whose legal views were preserved primarily by his two most important disciples, Imam Abu Yusuf and Muhammad al-Shaybani. It is considered one of the most widely accepted maddhab amongst Sunni Muslim community and is called the ''Madhhab of Jurists'' (maddhab ahl al-ray). The importance of this maddhab lies in the fact that it is not just a collection of rulings or sayings of Imam Abu Hanifa alone, but rather the rulings and sayings of the council of judges he established belong to it. It had a great excellence and advantage over the establishment of Sunni Islamic legal science. No one before Abu Hanifa preceded in such works. He was the first to solve the cases and ...
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Hanafi Fiqh Scholars
The Hanafi school ( ar, حَنَفِية, translit=Ḥanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools (maddhab) of Islamic Law (Fiqh). It is named after the 8th century Kufan scholar, Abu Hanifa, a Tabi‘i of Persian origin whose legal views were preserved primarily by his two most important disciples, Imam Abu Yusuf and Muhammad al-Shaybani. It is considered one of the most widely accepted maddhab amongst Sunni Muslim community and is called the ''Madhhab of Jurists'' (maddhab ahl al-ray). The importance of this maddhab lies in the fact that it is not just a collection of rulings or sayings of Imam Abu Hanifa alone, but rather the rulings and sayings of the council of judges he established belong to it. It had a great excellence and advantage over the establishment of Sunni Islamic legal science. No one before Abu Hanifa preceded in such works. He was the first to solve the cases and ...
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Courtiers Of The Abbasid Caliphate
A courtier () is a person who attends the royal court of a monarch or other royalty. The earliest historical examples of courtiers were part of the retinues of rulers. Historically the court was the centre of government as well as the official residence of the monarch, and the social and political life were often completely mixed together. Background Monarchs very often expected the more important nobles to spend much of the year in attendance on them at court. Not all courtiers were noble, as they included clergy, soldiers, clerks, secretaries, agents and middlemen with business at court. All those who held a court appointment could be called courtiers but not all courtiers held positions at court. Those personal favourites without business around the monarch, sometimes called the camarilla, were also considered courtiers. As social divisions became more rigid, a divide, barely present in Antiquity or the Middle Ages, opened between menial servants and other classes at court, ...
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People From Baghdad
A person ( : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of property, or legal responsibility. The defining features of personhood and, consequently, what makes a person count as a person, differ widely among cultures and contexts. In addition to the question of personhood, of what makes a being count as a person to begin with, there are further questions about personal identity and self: both about what makes any particular person that particular person instead of another, and about what makes a person at one time the same person as they were or will be at another time despite any intervening changes. The plural form "people" is often used to refer to an entire nation or ethnic group (as in "a people"), and this was the original meaning of the word; it subsequently acquired its use as a plural form of per ...
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870s Deaths
87 may refer to: * 87 (number) * one of the years 87 BC, AD 87, 1987, 2087, etc. * Atomic number 87: francium * Intel 8087 The Intel 8087, announced in 1980, was the first x87 floating-point coprocessor for the 8086 line of microprocessors. The purpose of the 8087 was to speed up computations for floating-point arithmetic, such as addition, subtraction, multiplicati ..., a floating-point coprocessor See also * * List of highways numbered {{Numberdis ...
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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 on Islamic law, 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, with C. E. Bosworth, the second edition of ''The Legacy of Islam'' for the ''Legacy'' series of Oxford University Press and authored a textbook under the title ''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. Rechtsk ...
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Waqf
A waqf ( ar, وَقْف; ), also known as hubous () or '' mortmain'' property is an inalienable charitable endowment under Islamic law. It typically involves donating a building, plot of land or other assets for Muslim religious or charitable purposes with no intention of reclaiming the assets. A charitable trust may hold the donated assets. The person making such dedication is known as a ''waqif'' (a donor). In Ottoman Turkish law, and later under the British Mandate of Palestine, a ''waqf'' was defined as usufruct state land (or property) from which the state revenues are assured to pious foundations. Although the ''waqf'' system depended on several hadiths and presented elements similar to practices from pre-Islamic cultures, it seems that the specific full-fledged Islamic legal form of endowment called ''waqf'' dates from the 9th century AD (see below). Terminology In Sunni jurisprudence, ''waqf'', also spelled ''wakf'' ( ar, وَقْف; plural , ''awqāf''; tr, vak ...
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Qādī
A qāḍī ( ar, قاضي, Qāḍī; otherwise transliterated as qazi, cadi, kadi, or kazi) is the magistrate or judge of a '' sharīʿa'' court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and minors, and supervision and auditing of public works. History The term ''qāḍī'' was in use from the time of Muhammad during the early history of Islam, and remained the term used for judges throughout Islamic history and the period of the caliphates. While the ''muftī'' and '' fuqaha'' played the role in elucidation of the principles of Islamic jurisprudence (''Uṣūl al-Fiqh'') and the Islamic law (''sharīʿa''), the ''qāḍī'' remained the key person ensuring the establishment of justice on the basis of these very laws and rules. Thus, the ''qāḍī'' was chosen from amongst those who had mastered the sciences of jurisprudence and law. The Abbasid caliphs created the office of "chief ''qāḍī''" (''qāḍī al-quḍāh''), whos ...
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