|
Diyat
''Diya'' ( ar, دية; plural ''diyāt'', ar, ديات) in Islamic law, is the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage by mistake. It is an alternative punishment to ''qisas'' (equal retaliation). In Arabic, the word means both blood money and ransom, and it is spelled sometimes as ''diyah'' or ''diyeh''. It only applies when murder is committed by mistake and secondly victim's family has the free consent to compromise with the guilty party; otherwise ''qisas'' applies. ''Diya'' compensation rates have historically varied based on the gender and religion of the victim. In the modern era, diya plays a role in the legal system of Iran, Pakistan, Saudi Arabia and the United Arab Emirates. In Iran and Pakistan, the diya is the same for Muslims and non-Muslims,Tellenbach, Sylvia (2014). ''The Oxford Handbook of Criminal Law'', Oxford University Press. pg. 261 while in Saudi Arabia it differs depending on th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qisas
''Qisas'' or ''Qiṣāṣ'' ( ar, قِصَاص, Qiṣāṣ, lit=accountability, following up after, pursuing or prosecuting) is an Islamic term interpreted to mean "retaliation in kind",Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, " eye for an eye", or retributive justice. In classical/traditional Islamic law (''sharia''), the doctrine of qisas provides for a punishment analogous to the crime. The principle of qisas in ancient societies meant that the person who committed a crime or the tribe he belonged to was punished in the same way as the crime committed. That is, an eye for an eye, a tooth for a tooth, an ear for an ear, and a life for a life. Since the ''principle of individual responsibility'' did not exist in ancient societies, someone else (such as his closest relative) could be punished instead of the criminal. Most time, it was ignored whether the act was a deliberate act, a life or ''blood cost'' was charged for each life. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qisas
''Qisas'' or ''Qiṣāṣ'' ( ar, قِصَاص, Qiṣāṣ, lit=accountability, following up after, pursuing or prosecuting) is an Islamic term interpreted to mean "retaliation in kind",Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, " eye for an eye", or retributive justice. In classical/traditional Islamic law (''sharia''), the doctrine of qisas provides for a punishment analogous to the crime. The principle of qisas in ancient societies meant that the person who committed a crime or the tribe he belonged to was punished in the same way as the crime committed. That is, an eye for an eye, a tooth for a tooth, an ear for an ear, and a life for a life. Since the ''principle of individual responsibility'' did not exist in ancient societies, someone else (such as his closest relative) could be punished instead of the criminal. Most time, it was ignored whether the act was a deliberate act, a life or ''blood cost'' was charged for each life. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application (Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crimes are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dhu Al-Qi'dah
Dhu al-Qa'dah ( ar, ذُو ٱلْقَعْدَة, ', ), also spelled Dhu al-Qi'dah or Zu al-Qa'dah, is the eleventh month in the Islamic calendar. It could possibly mean "possessor or owner of the sitting and seating place" - the space occupied while sitting or the manner of the sitting, pose or posture. It is one of the four sacred months in Islam during which warfare is prohibited, hence the name "Master of Truces". In Ottoman times, the name in Ottoman Turkish was ''Zi'l-ka'dé'', abbreviation ''Za''. In modern Turkish, it is ''Zilkade''. Transliteration The most correct and most traditionally widespread transliteration of the month according to the thirteenth century Syrian jurist al-Nawawi is ''Dhu'l Qa'dah''. Al-Nawawi also mentions that a smaller group of linguists allow the transliteration Dhu'l-Qi'dah, however. In modern times, it is most commonly referred to as Dhu'l Qi'dah although this is neither linguistically nor historically the strongest position. Timing Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Haraam
''Haram'' (; ar, حَرَام, , ) is an Arabic term meaning 'Forbidden'. This may refer to either something sacred to which access is not allowed to the people who are not in a state of purity or who are not initiated into the sacred knowledge; or, in direct contrast, to an evil and thus "sinful action that is forbidden to be done". The term also denotes something "set aside", thus being the Arabic equivalent of the Hebrew concept he, , ḥērem, label=none and the concept of (cf. sacred) in Roman law and religion. In Islamic jurisprudence, ''haram'' is used to refer to any act that is forbidden by God and is one of the five Islamic commandments ( ar, الأحكام الخمسة, al-ʾAḥkām al-Ḵamsa) that define the morality of human action. Acts that are haram are typically prohibited in the religious texts of the Quran, and the category of haram is the highest status of prohibition. If something is considered haram, it remains prohibited no matter how good the in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Comparative Negligence
Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury. When the defense is asserted, the factfinder, usually a jury, must decide the degree to which the plaintiff's negligence and the combined negligence of all other relevant actors all contributed to cause the plaintiff's damages. It is a modification of the doctrine of contributory negligence that disallows any recovery by a plaintiff whose negligence contributed even minimally to causing the damages. Types of comparative negligence Prior to the late 1960s, only a few states had adopted the system. When comparative negligence was adopted, three main versions were used. The first is called "pure" comparative negligence. Under this type of comparative negligence, a plaintiff who ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Somali People
The Somalis ( so, Soomaalida 𐒈𐒝𐒑𐒛𐒐𐒘𐒆𐒖, ar, صوماليون) are an ethnic group native to the Horn of Africa who share a common ancestry, culture and history. The Lowland East Cushitic Somali language is the shared mother tongue of ethnic Somalis, which is part of the Cushitic branch of the Afroasiatic language family, and are predominantly Sunni Muslim.Mohamed Diriye Abdullahi, ''Culture and Customs of Somalia'', (Greenwood Press: 2001), p.1 They form one of the largest ethnic groups on the African continent, and cover one of the most expansive landmasses by a single ethnic group in Africa. According to most scholars, the ancient Land of Punt and its native inhabitants formed part of the ethnogenesis of the Somali people. An ancient historical kingdom where a great portion of their cultural traditions and ancestry has been said to derive from.Egypt: 3000 Years of Civilization Brought to Life By Christine El MahdyAncient perspectives on Egypt By Ro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith). The first Muslims (the Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations (''Tabi'un'' and ''Tabi' al-Tabi'in'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west, Hoyland, ''In God's Path'', 2015: p.223 where it was systematized and elaborated Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513 The history of Islamic jurisprudence is "customarily divided into eight periods": El-Gamal, ''Islamic Finance'', 2006: pp. 30–31 *the first period ending with the death of Muhammad in 11 AH. *second period "characterized by personal interp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apostasy In Islam
Apostasy in Islam ( ar, ردة, or , ) is commonly defined as the abandonment of Islam by a Muslims, Muslim, in thought, word, or through deed. An apostate from Islam is referred to by using the Arabic language, Arabic and Glossary of Islam, Islamic term ''murtād'' (). It includes not only explicit renunciations of the Islamic faith by Religious conversion, converting to another religion or Irreligion, abandoning religion altogether, but also Islam and blasphemy, blasphemy or heresy, through any action or utterance which implies unbelief, including those who deny a "fundamental tenet or Aqidah, creed" of Islam. While Fiqh, classical Islamic jurisprudence calls for the Capital punishment in Islam, death penalty of those who refuse to repent of apostasy from Islam, the definition of this act and whether and how it should be punished, are disputed among Islamic scholars and strongly opposed by Muslim and Non-Muslim supporters of the Universal human rights, universal human righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ja'fari
Jaʿfarī jurisprudence ( ar, الفقه الجعفري; also called Jafarite in English), Jaʿfarī school or Jaʿfarī fiqh, is the school of jurisprudence (''fiqh'') in Twelver and Ismaili (including Nizari) Shia Islam, named after the sixth Imam, Ja'far al-Sadiq. In Iran, Jaʽfari jurisprudence is enshrined in the constitution. It differs from the predominant madhhabs of Sunni jurisprudence in its reliance on '' ijtihad'', as well as on matters of inheritance, religious taxes, commerce, personal status, and the allowing of temporary marriage or '' mutʿa''. Since 1959, Jaʿfari jurisprudence has been afforded the status of "fifth school" along with the four Sunni schools by Azhar University. In addition, it is one of the eight recognized ''madhhabs'' listed in the Amman Message of 2004 by the Jordanian monarch, and since endorsed by Sadiq al-Mahdi, former Prime Minister of Sudan. Branches Usuli This school of thought utilizes ijtihad by adopting reasoned argumentat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shafi'i
The Shafii ( ar, شَافِعِي, translit=Shāfiʿī, also spelled Shafei) school, also known as Madhhab al-Shāfiʿī, is one of the four major traditional schools of religious law (madhhab) in the Sunnī branch of Islam. It was founded by Arab theologian Muḥammad ibn Idrīs al-Shāfiʿī, "the father of Muslim jurisprudence", in the early 9th century. The other three schools of Sunnī jurisprudence are Ḥanafī, Mālikī and Ḥanbalī. Like the other schools of fiqh, Shafii recognize the First Four Caliphs as the Islamic prophet Muhammad’s rightful successors and relies on the Qurʾān and the "sound" books of Ḥadīths as primary sources of law. The Shafi'i school affirms the authority of both divine law-giving ( the Qurʾān and the Sunnah) and human speculation regarding the Law. Where passages of Qurʾān and/or the Ḥadīths are ambiguous, the school seeks guidance of Qiyās (analogical reasoning). The Ijmā' (consensus of scholars or of the community ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanbali
The Hanbali school ( ar, ٱلْمَذْهَب ٱلْحَنۢبَلِي, al-maḏhab al-ḥanbalī) is one of the four major traditional Sunni schools (''madhahib'') of Islamic jurisprudence. It is named after the Arab scholar Ahmad ibn Hanbal (d. 855), and was institutionalized by his students. The Hanbali madhhab is the smallest of four major Sunni schools, the others being the Hanafi, Maliki and Shafi`i. The Hanbali school derives ''sharia'' primarily from the ''Qur'an'', the ''Hadiths'' (sayings and customs of Muhammad), and the views of Sahabah (Muhammad's companions). In cases where there is no clear answer in sacred texts of Islam, the Hanbali school does not accept ''istihsan'' (jurist discretion) or '''urf'' (customs of a community) as a sound basis to derive Islamic law, a method that Hanafi and Maliki Sunni '' madh'habs'' accept. Hanbali school is the strict traditionalist school of jurisprudence in Sunni Islam. It is found primarily in the countries of Saudi Arabia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
