Qisas
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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 ...
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Diyya
''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 ...
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Diyya
''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 ...
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Tazir
In Islamic Law, ''tazir'' (''ta'zeer'' or ''ta'zir'', ar, تعزير) refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state.Tazir
Oxford Islamic Studies, Oxford University Press
It is one of three major types of punishments or sanctions under Islamic law — '''', '''' and ''ta'zir''. The punishments for the offenses are fixed by the
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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 ...
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Islamic Term
The following list consists of notable concepts that are derived from Islamic and associated cultural (Arab, Persian, Turkish) traditions, which are expressed as words in Arabic or Persian language. The main purpose of this list is to disambiguate multiple spellings, to make note of spellings no longer in use for these concepts, to define the concept in one or two lines, to make it easy for one to find and pin down specific concepts, and to provide a guide to unique concepts of Islam all in one place. Separating concepts in Islam from concepts specific to Arab culture, or from the language itself, can be difficult. Many Arabic concepts have an Arabic secular meaning as well as an Islamic meaning. One example is the concept of dawah. Arabic, like all languages, contains words whose meanings differ across various contexts. Arabic is written in its own alphabet, with letters, symbols, and orthographic conventions that do not have exact equivalents in the Latin alphabet (see Ara ...
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Hudud
''Hudud'' (Arabic: ''Ḥudūd'', also transliterated ''hadud'', ''hudood''; plural of ''hadd'', ) is an Arabic word meaning "borders, boundaries, limits". In the religion of Islam it refers to punishments that under Islamic law ( sharīʿah) are mandated and fixed by God as per Islam. These punishments were applied in pre-modern Islam,Wael Hallaq (2009), ''An introduction to Islamic law'', p.173. Cambridge University Press. . and their use in some modern states has been a source of controversy. Traditional Islamic jurisprudence divides crimes into offenses against God and those against man. The former are seen to violate God's ''hudud'' or "boundaries", and they are associated with punishments specified in the Quran and in some cases inferred from hadith. The offenses incurring ''hudud'' punishments are ''zina'' (unlawful sexual intercourse such as fornication), unfounded accusations of ''zina'', drinking alcohol, highway robbery, and some forms of theft. Jurists have differed ...
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Islamic Criminal Jurisprudence
Islamic criminal law ( ar, فقه العقوبات) is criminal law in accordance with Sharia. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". It divides crimes into three different categories depending on the offense – ''Hudud'' (crimes "against God", whose punishment is fixed in the Quran and the Hadiths), ''Qisas'' (crimes against an individual or family whose punishment is equal retaliation in the Quran and the Hadiths), and ''Tazir'' (crimes whose punishment is not specified in the Quran and the Hadiths, and is left to the discretion of the ruler or Qadi, i.e. judge). Some add the fourth category of ''Siyasah'' (crimes against government), while others consider it as part of either Hadd or Tazir crimes. Traditional sharia courts, unlike modern Western courts, do not use jury or prosecutors on the behalf of society. Crimes against God are prosecuted by the state as hudud crimes, and all other criminal matters, including murder and bodily i ...
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Hudud
''Hudud'' (Arabic: ''Ḥudūd'', also transliterated ''hadud'', ''hudood''; plural of ''hadd'', ) is an Arabic word meaning "borders, boundaries, limits". In the religion of Islam it refers to punishments that under Islamic law ( sharīʿah) are mandated and fixed by God as per Islam. These punishments were applied in pre-modern Islam,Wael Hallaq (2009), ''An introduction to Islamic law'', p.173. Cambridge University Press. . and their use in some modern states has been a source of controversy. Traditional Islamic jurisprudence divides crimes into offenses against God and those against man. The former are seen to violate God's ''hudud'' or "boundaries", and they are associated with punishments specified in the Quran and in some cases inferred from hadith. The offenses incurring ''hudud'' punishments are ''zina'' (unlawful sexual intercourse such as fornication), unfounded accusations of ''zina'', drinking alcohol, highway robbery, and some forms of theft. Jurists have differed ...
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Abu Yusuf
Ya'qub ibn Ibrahim al-Ansari () better known as Abu Yusuf ( ar, أبو يوسف, Abū Yūsuf) (d.798) was a student of jurist Abu Hanifa (d.767) who helped spread the influence of the Hanafi school of Sharia, Islamic law through his writings and the government positions he held. He served as the chief judge (''qadi al-qudat'') during reign of Harun al-Rashid. His most famous work was ''Kitab al-Kharaj'', a treatise on taxation and fiscal problems of the state. Biography Abu Yusuf lived in Kufa and Baghdad, in what is now Iraq, during the 8th century. His genealogy has been traced back to Sa'd ibn Habta, a youth in Medina in the time of the Prophet, and his birth date is estimated based on the date of his death to be around 113/729CE. Based on anecdotal stories, Abu Yusuf was raised poor but with a ferocious appetite for knowledge. His mother disapproved of his academic desires, insisting that he master some trade (the art of tailoring, according to some source) so as to help ma ...
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Sunni
Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a disagreement over the succession to Muhammad and subsequently acquired broader political significance, as well as theological and juridical dimensions. According to Sunni traditions, Muhammad left no successor and the participants of the Saqifah event appointed Abu Bakr as the next-in-line (the first caliph). This contrasts with the Shia view, which holds that Muhammad appointed his son-in-law and cousin Ali ibn Abi Talib as his successor. The adherents of Sunni Islam are referred to in Arabic as ("the people of the Sunnah and the community") or for short. In English, its doctrines and practices are sometimes called ''Sunnism'', while adherents are known as Sunni Muslims, Sunnis, Sunnites and Ahlus Sunnah. Sunni Islam is sometimes referre ...
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Jizya
Jizya ( ar, جِزْيَة / ) is a per capita yearly taxation historically levied in the form of financial charge on dhimmis, that is, permanent Kafir, non-Muslim subjects of a state governed by Sharia, Islamic law. The jizya tax has been understood in Islam as a fee for protection provided by the Muslim ruler to non-Muslims, for the exemption from military service for non-Muslims, for the permission to practice a non-Muslim faith with some communal autonomy in a Muslim state, and as material proof of the non-Muslims' submission to the Muslim state and its laws. The Quran and hadiths mention jizya without specifying its rate or amount,Sabet, Amr (2006), ''The American Journal of Islamic Social Sciences'' 24:4, Oxford; pp. 99–100. and the application of jizya varied in the course of Islamic history. However, scholars largely agree that early Muslim rulers adapted existing systems of taxation and tribute that were established under previous rulers of the conquered lands, such as ...
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Harun Al-Rashid
Abu Ja'far Harun ibn Muhammad al-Mahdi ( ar , أبو جعفر هارون ابن محمد المهدي) or Harun ibn al-Mahdi (; or 766 – 24 March 809), famously known as Harun al-Rashid ( ar, هَارُون الرَشِيد, translit=Hārūn al-Rashīd) was the fifth Abbasid caliph of the Abbasid Caliphate, reigning from September 786 until his death. His reign is traditionally regarded to be the beginning of the Islamic Golden Age. His epithet "al-Rashid" translates to "the Orthodox", "the Just", "the Upright", or "the Rightly-Guided". Harun established the legendary library Bayt al-Hikma ("House of Wisdom") in Baghdad in present-day Iraq, and during his rule Baghdad began to flourish as a world center of knowledge, culture and trade. During his rule, the family of Barmakids, which played a deciding role in establishing the Abbasid Caliphate, declined gradually. In 796, he moved his court and government to Raqqa in present-day Syria. A Frankish mission came to offer H ...
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