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Islamic Inheritance Jurisprudence
Islamic Inheritance jurisprudence is a field of Islamic jurisprudence ( ar, فقه) that deals with inheritance, a topic that is prominently dealt with in the Qur'an. It is often called ''Mīrāth'', and its branch of Islamic law is technically known as ''ʿilm al-farāʾiḍ'' ( ar, علم الفرائض, "the science of the ordained quotas"). Inheritance and the Qur'an The Qur'an introduced a number of different rights and restrictions on matters of inheritance, including what were at that time general improvements to the treatment of women and family life. The Qur'an also presented efforts to fix the laws of inheritance, and thus forming a complete legal system. This development was in contrast to pre-Islamic societies where rules of inheritance varied considerably. They do, however, also differ from ongoing secular egalitarian improvements since that time, up to, though principally in, the modern era. Furthermore, the Qur'an introduced additional heirs that were not enti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Economical Jurisprudence
Islamic economics ( ar, الاقتصاد الإسلامي) refers to the knowledge of economics or economic activities and processes in terms of Islamic principles and teachings. Islam has a set of special moral norms and values about individual and social economic behavior. Therefore, it has its own economic system, which is based on its philosophical views and is compatible with the Islamic organization of other aspects of human behavior: social and political systems. Is a term used to refer to Islamic commercial jurisprudence ( ar, فقه المعاملات, '' fiqh al-mu'āmalāt''), and also to an ideology of economics based on the teachings of Islam that is mostly similar to the labour theory of value, which is "labour-based exchange and exchange-based labour".. Islamic commercial jurisprudence entails the rules of transacting finance or other economic activity in a ''Shari'a'' compliant manner, i.e., a manner conforming to Islamic scripture (Quran and sunnah). Islamic ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maddhab
A ( ar, مذهب ', , "way to act". pl. مَذَاهِب , ) is a school of thought within ''fiqh'' (Islamic jurisprudence). The major Sunni Mathhab are Hanafi, Maliki, Shafi'i and Hanbali. They emerged in the ninth and tenth centuries CE and by the twelfth century almost all jurists aligned themselves with a particular madhhab. These four schools recognize each other's validity and they have interacted in legal debate over the centuries. Rulings of these schools are followed across the Muslim world without exclusive regional restrictions, but they each came to dominate in different parts of the world. For example, the Maliki school is predominant in North and West Africa; the Hanafi school in South and Central Asia; the Shafi'i school in East Africa and Southeast Asia; and the Hanbali school in North and Central Arabia. The first centuries of Islam also witnessed a number of short-lived Sunni madhhabs. The Zahiri school, which is considered to be endangered, continues to exer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sura 4
An-Nisa' ( ar, ٱلنِّسَاء, ; The Women) is the fourth chapter (sūrah) of the Quran, with 176 verses ( āyāt). The title derives from the numerous references to women throughout the chapter, including verse 34 and verses 127-130.Haleem, M. A. S. Abdel. The Qur'an. New York: Oxford University Press, 2008. Print. Summary *1 Man and his Creator *2 Orphans, the duty of guardians to such *3-5 Treat your wives and those your right hands possess fairly *6-13 The law of inheritance *14-15 The punishment of adulteresses *16-17 Repentance enjoined *18-19 Women's rights *20-27 Forbidden and lawful degrees in marriage *28-30 Gambling, rapine, and suicide forbidden *31-33 Husband's superiority over woman recognised * 34 Reconcilement of man and wife *35-36 Parents, orphans, the poor etc. to be kindly treated *37-41 Hypocrisy in almsgiving condemned *42 Prayer forbidden to the drunken and polluted *43-45 Jewish mockers denounced *46-53 Idolatry the unpardonable sin *54-55 T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Divorce (Islamic)
Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are ''talaq'' ( repudiation), ''khulʿ'' (mutual divorce or ransom divorce) Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory. In modern times, as personal status (family) laws have been codified, they generally have remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state. Quranic principles According to the Quran, marriage is intended to be unbounded in time, as indicated by its characterization as a "firm bond" and by the rules governing divorce. The relationship between the spouses should ideally be based on love (''mawadda wa rahma'', 30:21) and important decisions concerning both ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consanguine
Consanguinity ("blood relation", from Latin '' consanguinitas'') is the characteristic of having a kinship with another person (being descended from a common ancestor). Many jurisdictions have laws prohibiting people who are related by blood from marrying or having sexual relations with each other. The degree of consanguinity that gives rise to this prohibition varies from place to place. Such rules are also used to determine heirs of an estate according to statutes that govern intestate succession, which also vary from jurisdiction to jurisdiction. In some places and time periods, cousin marriage is allowed or even encouraged; in others, it is taboo, and considered to be incest. The degree of relative consanguinity can be illustrated with a ''consanguinity table'' in which each level of lineal consanguinity (''generation'' or ''meiosis'') appears as a row, and individuals with a collaterally consanguineous relationship share the same row. The Knot System is a numerical notation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bayt Al-mal
''Bayt al-mal'' () is an Arabic term that is translated as "House of money" or "House of wealth." Historically, it was a financial institution responsible for the administration of taxes in Islamic states, particularly in the early Islamic Caliphate. It served as a royal treasury for the caliphs and sultans, managing personal finances and government expenditures. Further, it administered distributions of zakat revenues for public works. Modern Islamic economists deem the institutional framework appropriate for contemporary Islamic societies. History ''Bayt al-mal'' was the department that dealt with the revenues and all other economical matters of the state. In the time of Muhammad, there was no permanent Bait-ul-Mal or public treasury. Whatever revenues or other amounts were received were distributed immediately. During Prophethood, the last receipt was tribute from Bahrain amounting 800000 dirham which was distributed in just one sitting. There were no salaries to be paid, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Escheat
Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord. Etymology The term "escheat" derives ultimately from the Latin ''ex-cadere'', to "fall-out", via mediaeval French ''escheoir''. The sense is of a feudal estate in land falling-out of the possession by a tenant into the possession of the lord. Origins in feudalism In feudal England, escheat referred to the situation where the tenant of a fee (or "fief") died without an heir or committed a felony. In the case of such demise of a tenant-in-chief, the fee reverted to the King's demesne permanently, when it became once again a mere tenantless plot of land, but could be re-c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testator
A testator () is a person who has written and executed a Will (law), last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556. . Related terms * A female testator is sometimes referred to as a testatrix (), plural testatrices (), particularly in older cases. *In Ahmadiyya Islam, a testator is referred to as a moosi, who is someone that has signed up for Wasiyyat or a will, under the plan initiated by the Mirza Ghulam Ahmad, Promised Messiah, thus committing a portion, not less than one-tenth, of his lifetime earnings and any property to a cause. * The adjective, adjectival form of the word is testamentary, as in: # Testamentary capacity, or mental capacity or ability to execute a will and # Testamentary disposition, or gift made in a will (see that article for types). # Testamentary trust, a trust (law), trust that is created in a will. * A will (la ... [...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] |
Shariah Law
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] |
Zaidis
Zaydism (''h'') is a unique branch of Shia Islam that emerged in the eighth century following Zayd ibn Ali‘s unsuccessful rebellion against the Umayyad Caliphate. In contrast to other Shia Muslims of Twelver Shi'ism and Isma'ilism, Zaydis, also called Fivers, consider Zayd to be the fifth imam and successor to Ali ibn Husayn Zayn al-Abidin, instead of his half-brother Muhammad al-Baqir. Origin The Zaydi madhhab emerged in reverence of Zayd's failed uprising against the Umayyad Caliph, Hisham (ruling 724–743 AD), which set a precedent for revolution against corrupt rulers. According to Hussein Badreddin al-Houthi, Zaydis find it difficult to "sit in their houses" and remain passive in an unjust world. Zaydis are the oldest branch of the Shia and are currently the second largest group after Twelvers. Zaydis do not believe in the infallibility of Imāms and do not ascribe them with any supernatural qualities, but promote their leadership. They also reject the notion of nass ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ibadi
The Ibadi movement or Ibadism ( ar, الإباضية, al-Ibāḍiyyah) is a school of Islam. The followers of Ibadism are known as the Ibadis. Ibadism emerged around 60 years after the Islamic prophet Muhammad's death in 632 AD as a moderate school of the Khawarij movement, although contemporary Ibāḍīs strongly object to being classified as Kharijites. Ibadism is currently the largest Muslim denomination in Oman, but is also practised to a lesser extent in Algeria, Tunisia, and Libya. Throughout Islamic history, particularly under the Umayyads and the Almoravids, and continuing to the modern era, Ibadis have faced religious persecution in the Muslim world. History Background The Ibadis emerged as a moderate school of the Kharijites, an Islamic sect that originated from the Muhakkima (Arabic: محكمة) and al-Haruriyya (Arabic: الحرورية). The Muhakkima and al-Haruriyya were supporters of Ali in the first Muslim civil war who then abandoned the Alid cause af ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
