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Al-Hidayah
''Al-Hidayah fi Sharh Bidayat al-Mubtadi'' (d. 593 AH/1197 CE) ( ar, الهداية في شرح بداية المبتدي, ''al-Hidāyah fī Sharḥ Bidāyat al-Mubtadī''), commonly referred to as ''al-Hidayah'' (lit. "the guidance", also spelled ''Hedaya'' Charles Hamilton (trans.) ''The Hedaya: Commentary on the Islamic Laws'' (Delhi) 1994 (2nd Edition 1870)), is a 12th-century legal manual by Burhan al-Din al-Marghinani, which is considered to be one of the most influential compendium of Hanafi jurisprudence (''fiqh''). It has been subject of numerous commentaries. The book played a key role in the development and amalgamation of Islamic and British law known as ''Anglo-Muhammadan law''. History and significance The author, Shaykh al-Islam Burhan al-Din al-Farghani al-Marghinani (d.593AH/1197CE), was considered to be one of the most esteemed jurists of the Hanafite school. Al-Hidayah is a concise commentary on al-Marghinani's own compendium ''al-Bidayat al-mubtadi'', which wa ...
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Burhan Al-Din Al-Marghinani
Burhān al-Dīn Abu’l-Ḥasan ‘Alī bin Abī Bakr bin ‘Abd al-Jalīl al-Farghānī al-Marghīnānī ( ar, برهان الدين المرغيناني) was an Islamic scholar of the Hanafi school of jurisprudence. He was born in Marghinan near Farghana in 530/1135 (in present day Uzbekistan) He died in 593/1197. He is best known as the author of ''al-Hidayah'', which is considered to be one of the most influential compendia of Hanafi jurisprudence (''fiqh''). Life Al-Marghanini performed the Hajj and visited Medina in the year 544 AH. He died on the 14th of Dhu'l-Hijjah in the year 593 AH one report indicates 596 AH and was buried in Samarqand. Works Al-Marghinani works (some extant and others known only from literary references) include: *''Nashr al-madhhab'' *''Kitab manasik al-hajj'' *''Kitab fi-l-fara'id'' (also known as ''Fara'id al-‘Uthmani'') *''Kitab al-tajnis wa-l-mazid'' (collection of fatwas) *''Mukhtarat al-nawazil'' (collection of fatwas, also known as ''Mukht ...
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Charles Hamilton (orientalist)
Charles Hamilton (1753?–1792) was a British orientalist, known for his English translation of ''Al-Hidayah (book), Al-Hidayah''. Life Born in Belfast about 1753, he was the only son of Charles Hamilton (died 1759), merchant, by Katherine Mackay (died 1767). After spending two years in the office of a Dublin merchant, he obtained a cadetship on the East India Company's establishment at Bengal, and went to India in 1776. He gained his first commission on 24 October that year, and was promoted lieutenant on 10 July 1778. Hamilton studied oriental languages, and became one of the first members of the Asiatic Society of Calcutta. He returned to England for his major work of translation, completed and published in 1791. He was appointed resident at the court of the grand vizier at Oudh, and prepared to leave England. Symptoms of tuberculosis, consumption, however, appeared, and he was recommended to take a voyage to Lisbon; but he died at Hampstead on 14 March 1792, aged 39, and was b ...
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Hanafi
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 an ...
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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 ...
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Muhammad Al-Shaybani
Abū ʿAbd Allāh Muḥammad ibn al-Ḥasan ibn Farqad ash-Shaybānī ( ar, أبو عبد الله محمد بن الحسن بن فرقد الشيباني; 749/50 – 805), the father of Muslim international law, was an Arab jurist and a disciple of Abu Hanifa (later being the eponym of the Hanafi school of Islamic jurisprudence), Malik ibn Anas and Abu Yusuf."al- Shaybānī, Abū ʿAbd Allāh Muḥammad b. al-Ḥasan b. Farḳad ." ''Encyclopaedia of Islam'' Early years Muḥammad b. al-Ḥasan was born in Wāsiṭ, Iraq, in 750; soon, however, he moved to Kufa, the home town of Abū Ḥanīfa, and grew there. Though he was born to a soldier, he was much more interested in pursuing an intellectual career than a military one. Shaybani began studying in Kufa as a pupil of Abu Hanifa. When al-Shaybani was 18 (in 767), however, Abu Hanifa died after having taught him for only two years. Shaybani then began training with Abū Yūsuf, his senior, and the leading disciple of Abu ...
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Colonial India
Colonial India was the part of the Indian subcontinent that was occupied by European colonial powers during the Age of Discovery. European power was exerted both by conquest and trade, especially in spices. The search for the wealth and prosperity of India led to the colonisation of the Americas after Christopher Columbus went to the Americas in 1492. Only a few years later, near the end of the 15th century, Portuguese sailor Vasco da Gama became the first European to re-establish direct trade links with India since Roman times by being the first to arrive by circumnavigating Africa (c. 1497–1499). Having arrived in Calicut, which by then was one of the major trading ports of the eastern world, he obtained permission to trade in the city from the Saamoothiri Rajah. The next to arrive were the Dutch, with their main base in Ceylon. Their expansion into India was halted after their defeat in the Battle of Colachel by the Kingdom of Travancore, during the Travancore–Dutch ...
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William Jones (philologist)
Sir William Jones (28 September 1746 – 27 April 1794) was a British philologist, a puisne judge on the Supreme Court of Judicature at Fort William in Bengal, and a scholar of ancient India. He is particularly known for his proposition of the existence of a relationship among European and Indo-Aryan languages, which later came to be known as the Indo-European languages. Jones is also credited for establishing the Asiatic Society of Bengal in 1784. Early life William Jones was born in London; his father William Jones (1675–1749) was a mathematician from Anglesey in Wales, noted for introducing the use of the symbol π. The young William Jones was a linguistic prodigy, who in addition to his native languages English and Welsh, learned Greek, Latin, Persian, Arabic, Hebrew and the basics of Chinese writing at an early age. By the end of his life he knew eight languages with critical thoroughness, was fluent in a further eight, with a dictionary at hand, and had a fair c ...
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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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Qadi
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''), who ...
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Mufti
A Mufti (; ar, مفتي) is an Islamic jurist qualified to issue a nonbinding opinion ('' fatwa'') on a point of Islamic law (''sharia''). The act of issuing fatwas is called ''iftāʾ''. Muftis and their ''fatwas'' played an important role throughout Islamic history, taking on new roles in the modern era. Tracing its origins to the Quran and early Islamic communities, the practice of ''ifta'' crystallized with the emergence of the traditional legal theory and schools of Islamic jurisprudence (''madhahib''). In the classical legal system, fatwas issued by muftis in response to private queries served to inform Muslim populations about Islam, advise courts on difficult points of Islamic law, and elaborate substantive law. In later times, muftis also issued public and political fatwas that took a stand on doctrinal controversies, legitimized government policies or articulated grievances of the population. Traditionally, a mufti was seen as a scholar of upright character wh ...
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Bengal
Bengal ( ; bn, বাংলা/বঙ্গ, translit=Bānglā/Bôngô, ) is a geopolitical, cultural and historical region in South Asia, specifically in the eastern part of the Indian subcontinent at the apex of the Bay of Bengal, predominantly covering present-day Bangladesh and the Indian state of West Bengal. Geographically, it consists of the Ganges-Brahmaputra delta system, the largest river delta in the world and a section of the Himalayas up to Nepal and Bhutan. Dense woodlands, including hilly rainforests, cover Bengal's northern and eastern areas, while an elevated forested plateau covers its central area; the highest point is at Sandakphu. In the littoral southwest are the Sundarbans, the world's largest mangrove forest. The region has a monsoon climate, which the Bengali calendar divides into six seasons. Bengal, then known as Gangaridai, was a leading power in ancient South Asia, with extensive trade networks forming connections to as far away as Roman Egypt. ...
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Calcutta
Kolkata (, or , ; also known as Calcutta , List of renamed places in India#West Bengal, the official name until 2001) is the Capital city, capital of the Indian States and union territories of India, state of West Bengal, on the eastern bank of the Hooghly River west of the border with Bangladesh. It is the primary business, commercial, and financial hub of East India, Eastern India and the main port of communication for North-East India. According to the 2011 Indian census, Kolkata is the List of cities in India by population, seventh-most populous city in India, with a population of 45 lakh (4.5 million) residents within the city limits, and a population of over 1.41 crore (14.1 million) residents in the Kolkata metropolitan area, Kolkata Metropolitan Area. It is the List of metropolitan areas in India, third-most populous metropolitan area in India. In 2021, the Kolkata metropolitan area crossed 1.5 crore (15 million) registered voters. The ...
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