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Amān
( ar, امان, , safety, protection, safe conduct) is the Islamic law concept of guaranteeing the security of a person (who is then called ) or a group of people for a limited time. It can represent the assurance of security or clemency granted to enemies who seek protection, and can take the form of a document of safe-conduct for a non-Muslim or (enemy alien). (Re. an ''aman'' taking the shape of a written document.) Evolution The concept has pre-Islamic origins, being traced to the practice of among the Arab tribes, which extended a tribe's protection over an—often outlawed—member of a different tribe. Muhammad extended tribal solidarity and protection to cover the entirety of the Muslim community, so the promise of safety could be extended by Muslims to non-Muslims, and formed the basis of the covenants of security () issued to cities or peoples who submitted to the nascent Muslim caliphate, and which rendered these groups protected () under Islamic law. In later tim ...
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Diplomatic Immunity
Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities
U.S. Department of State, Office of Foreign Missions.
It allows diplomats safe passage and freedom of travel in a host country and accords almost total protection from local lawsuits and prosecution. Diplomatic immunity is one of the oldest and most widespread practices in ;
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Safe Conduct
Safe conduct, safe passage, or letters of transit, is the situation in time of international conflict or war where one state, a party to such conflict, issues to a person (usually an enemy state's subject) a pass or document to allow the enemy alien to traverse its territory without harassment, bodily harm, or fear of death. Safe conduct is only granted in exceptional circumstances. It may be given to an enemy to allow retreat under surrender terms, or for a meeting to negotiate; to a stateless person; or to somebody who for some reason would normally not be able to pass. A vanquished enemy can also be given, or offered quarter, i.e. be spared, be promised or guaranteed mercy. The term 'safe conduct' is also used to mean the document authorizing this security. In Islamic law, safe conduct or pledge of safety ('' amān'') can be granted to foreigners or dhimmi residents (''musta'min'') while they travel or reside in Islamic-ruled lands. In the early Middle Ages, during some pe ...
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Safe-conduct
Safe conduct, safe passage, or letters of transit, is the situation in time of international conflict or war where one state, a party to such conflict, issues to a person (usually an enemy state's subject) a pass or document to allow the enemy alien to traverse its territory without harassment, bodily harm, or fear of death. Safe conduct is only granted in exceptional circumstances. It may be given to an enemy to allow retreat under surrender terms, or for a meeting to negotiate; to a stateless person; or to somebody who for some reason would normally not be able to pass. A vanquished enemy can also be given, or offered quarter, i.e. be spared, be promised or guaranteed mercy. The term 'safe conduct' is also used to mean the document authorizing this security. In Islamic law, safe conduct or pledge of safety ('' amān'') can be granted to foreigners or dhimmi residents (''musta'min'') while they travel or reside in Islamic-ruled lands. In the early Middle Ages, during some pe ...
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Tahdia
Tahdiya is Arabic (تهدئة) for "calming" or "quieting". The term has been applied to a temporary lull between the Israeli forces and the Palestinian Hamas, beginning early in 2004 following the non successful discussions to sign a Hudna, or temporary armistice. While Hudna is a term for temporary armistice, it should not be confused with tahdiya, which stands for calming down on hostilities but not a complete stop to them. See also *Aman (Islam) or ''amān'', assurance of security or clemency granted to enemies who seek protection *Futuwwa, concept of moral behavior similar to Western chivalry in the medieval Arab and Muslim world *Hudna, truce or armistice in Islam *List of Islamic terms in Arabic *Sulh Sulh ( ar, صلح, ṣulḥ) is an Arabic word meaning "resolution" or "fixing" generally, in problem solving. It is frequently used in the context of social problems. It is also an Arabic surname, mostly from Lebanon used in the variant Solh. Usag ..., Arabic word meaning ...
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Sulh
Sulh ( ar, صلح, ṣulḥ) is an Arabic word meaning "resolution" or "fixing" generally, in problem solving. It is frequently used in the context of social problems. It is also an Arabic surname, mostly from Lebanon used in the variant Solh. Usage In Quranic Arabic, ''ṣulḥ'' is used as a term signifying an agreement or settlement over a property dispute and retains this sense in later Islamic legal usage. In Bedouin customary law, it can signify a settlement of a tribal feud and in modern Arabic usage, it is applied to treaties, such as ''ṣulḥ Versailles'' (the Treaty of Versailles).Lewis, (1991), pg 78-80 In general, it reflects a sense of resolution of conflict through negotiation. The two parties select respected individuals to mediate the conflict, a truce (''hudna'') is declared, a settlement is reached that maintains the honor and status of both parties, and a public ritual takes place. Particularly important is the fact that the practice affirms bonds between groups ...
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Hudna
A ''hudna'' (from the Arabic meaning "calm" or "quiet") is a truce or armistice. It is sometimes translated as "cease-fire". In his medieval dictionary of classical Arabic, the ''Lisan al-Arab'', Ibn Manzur defined it as: : "''hadana'': he grew quiet. ''hadina'': he quieted (transitive or intransitive). ''haadana'': he made peace with. The noun from each of these is ''hudna''." A famous early ''hudna'' was the Treaty of Hudaybiyyah between Muhammad and the Quraysh tribe. Hudna in the Israeli–Palestinian conflict In English, the term is most frequently used in reference to a ceasefire agreement in the Israeli–Palestinian conflict, particularly one that would involve organizations such as Hamas. The concept was also proposed to reduce violence in the conflict between Israel and the Palestinians by a Queen's University Belfast Professor in the period of 1999–2003 as a result of protracted negotiations with the Hamas leadership in the Gaza Strip, West Bank and abroad in cou ...
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Futuwwa
Futuwwa (Arabic: فتوة, "young-manliness" or "chivalry") was a conception of moral behavior around which myriad institutions of Medieval confraternity developed. With characteristics similar to chivalry and virtue, these communal associations of Arab men gained significant influence as stable social units that exerted religious, military, and political influence in much of the Islamic world. History and development Origins In its most literal sense, Futuwwa described the quality of being young. It was not until the eighth century C.E. that the word came to represent something like a moral code.Goshgarian, Rachel. "Beyond the social and the spiritual: Redefining the urban confraternities of late medieval Anatolia." PhD diss., Harvard University, 2008. Proquest (AAT 3295918). The evolution of the word, from adjective to moral framework, was driven by a melding of and Islamicization of Persian and Arab traditions. The spread of Islam was accompanied by the spread of a definition of ...
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Dhimmi
' ( ar, ذمي ', , collectively ''/'' "the people of the covenant") or () is a historical term for non-Muslims living in an Islamic state with legal protection. The word literally means "protected person", referring to the state's obligation under ''sharia'' to protect the individual's life, property, as well as freedom of religion, in exchange for loyalty to the state and payment of the '' jizya'' tax, in contrast to the ''zakat'', or obligatory alms, paid by the Muslim subjects. ''Dhimmi'' were exempt from certain duties assigned specifically to Muslims if they paid the poll tax (''jizya'') but were otherwise equal under the laws of property, contract, and obligation. Historically, dhimmi status was originally applied to Jews, Christians, and Sabians, who are considered to be "People of the Book" in Islamic theology. This status later also came to be applied to Zoroastrians, Sikhs, Hindus, Jains, and Buddhists. Jews and Christians were required to pay the ''jizyah'' wh ...
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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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Arabic Words And Phrases In Sharia
Arabic (, ' ; , ' or ) is a Semitic languages, Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walter de Gruyter GmbH & Co. KG, Berlin/Boston, 2011. Having emerged in the 1st century, it is named after the Arabs, Arab people; the term "Arab" was initially used to describe those living in the Arabian Peninsula, as perceived by geographers from ancient Greece. Since the 7th century, Arabic has been characterized by diglossia, with an opposition between a standard Prestige (sociolinguistics), prestige language—i.e., Literary Arabic: Modern Standard Arabic (MSA) or Classical Arabic—and diverse vernacular varieties, which serve as First language, mother tongues. Colloquial dialects vary significantly from MSA, impeding mutual intelligibility. MSA is only acquired through formal education and is not spoken natively. It is ...
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Law Of War
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code of con ...
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Legal Immunity
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Such legal immunity may be from criminal prosecution, or from civil liability (being subject of lawsuit), or both. The most notable forms of legal immunity are parliamentary immunity and witness immunity. One author has described legal immunity as "the obverse of a legal power":Dudley Knowles, Political Obligation: A Critical Introduction' (2009), p. 26. Criticism Legal immunities may be subject to criticism because they institute a separate standard of conduct for those who receive them. For example, as one author notes: Types Immunity of government leaders Many forms of immunity are granted to government leaders to rule over the world, continent, nation, province, urban area and rural area without fear of being sued or charged w ...
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