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Istishab
Istishab ( ar, استصحاب ) is an Islamic term used in the jurisprudence to denote the principle of the presumption of continuity. It is derived from an Arabic word ''suhbah'' meaning accompany. It is one of the fundamental principles of the legal deduction that presumes the continuation of a fact. It is based on probability and can be applied in the absence of other proofs. Istishab, an initiative of ash-Shafii, is the rationalistic principle of extracting a legal solution according to which changes are not considered to occur until clear signs of these changes are apparent. It serves as the basis for many legal rulings such as the presumption of innocence—the person is regarded as innocent unless proven guilty. Malik ibn Anas and ash-Shafii regarded it to be a proof until it is contradicted. Several classical jurists differed over this principle with some Hanafi jurists refusing to regard it as an evidence. It is now widely employed by the contemporary scholars Defi ...
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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 Ar ...
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Al-Qarafi
Shihāb al-Dīn Abu ’l-Abbās Aḥmad ibn Abi ’l-ʿAlāʾ Idrīs ibn ʿAbd al-Raḥmān ibn ʿAbd Allāh ibn Yallīn al-Ṣanhājī al-Ṣaʿīdī al-Bahfashīmī al-Būshī al-Bahnasī al-Miṣrī al-Mālikī () (also known as simply known as Shihāb al-Dīn al-Qarāfī or al-Qarāfī, 1228–1285), was a Maliki jurist and legal theoretician of Sanhaja Berber origin who lived in Ayyubid and Mamluk Egypt. Biography He was born in Bahfashīm, a village in the province of Bahnasa in 1228. This village belonged to the district of Būsh, a town just a few miles to the north of Beni Suef. He apparently grew up in al-Qarafa in Old Cairo, whence his sobriquet of al-Qarafi. Of Berber origin, from the Sanhaja tribe. He is considered by many to be the greatest Maliki legal theoretician of the 13th century; his writings and influence on Islamic legal theory (''uṣūl al-fiqh'') spread throughout the Muslim world. His insistence on the limits of law underscores the importance of no ...
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Arabic Words And Phrases In Sharia
Arabic (, ' ; , ' or ) is a 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 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 language—i.e., Literary Arabic: Modern Standard Arabic (MSA) or Classical Arabic—and diverse vernacular varieties, which serve as 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 the language of literature, official documents, and formal written ...
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Wudu
Wuḍūʾ ( ar, الوضوء ' ) is the Islamic procedure for cleansing parts of the body, a type of ritual purification, or ablution. The 4 Fardh (Mandatory) acts of ''Wudu'' consists of washing the face, arms, then wiping the head and the feet with water. Wudu is an important part of ritual purity in Islam. It is governed by ''fiqh'' (Islamic jurisprudence), which specifies rules concerning hygiene and defines the rituals that constitute it. It is typically performed before prayers ('' salah or salat''). Activities that invalidate ''wudu'' include urination, defecation, flatulence, deep sleep, light bleeding, menstruation, postpartum and sexual intercourse. ''Wudu'' is often translated as 'partial ablution', as opposed to '' ghusl'' as 'full ablution' where the whole body is washed. It also contrasts with '' tayammum'' ('dry ablution'), which uses sand or dust in place of water, principally due to water scarcity or other harmful effects on the person. Purification ...
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Haram
''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 ...
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Halal
''Halal'' (; ar, حلال, ) is an Arabic word that translates to "permissible" in English. In the Quran, the word ''halal'' is contrasted with '' haram'' (forbidden). This binary opposition was elaborated into a more complex classification known as " the five decisions": mandatory, recommended, neutral, reprehensible and forbidden. Islamic jurists disagree on whether the term ''halal'' covers the first two or the first four of these categories. In recent times, Islamic movements seeking to mobilize the masses and authors writing for a popular audience have emphasized the simpler distinction of ''halal'' and ''haram''. The term ''halal'' is particularly associated with Islamic dietary laws and especially meat processed and prepared in accordance with those requirements. In the Quran The words ''halal'' and ''haram'' are the usual terms used in the Quran to designate the categories of lawful or allowed and unlawful or forbidden. In the Quran, the root h-l-l denotes lawfu ...
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Ijma
''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur'an, and the Sunnah. Exactly what group should represent the Muslim community in reaching the consensus is not agreed on by the various schools of Islamic jurisprudence. Some believe it should be the Sahaba (the first generation of Muslims) only; others the consensus of the Salaf (the first three generations of Muslims); or the consensus of Islamic lawyers, the jurists and scholars of the Muslim world, i.e. scholarly consensus; or the consensus of all the Muslim world, both scholars and lay people. The opposite of ''ijma'' (i.e., lack of consensus on a point of Islamic law) is called ''ikhtilaf''. Proof of the validity of Ijma In the Quran Imam Al-Shafi'i was once approached by an old man and was asked rearding proof of Ijma from ...
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Salah
(, plural , romanized: or Old Arabic ͡sˤaˈloːh, ( or Old Arabic ͡sˤaˈloːtʰin construct state) ), also known as ( fa, نماز) and also spelled , are prayers performed by Muslims. Facing the , the direction of the Kaaba with respect to those praying, Muslims pray first standing and later kneeling or sitting on the ground, reciting prescribed prayers and phrases from the Quran as they bow and prostrate themselves in between. is composed of prescribed repetitive cycles of bows and prostrations, called ( ). The number of s, also known as units of prayer, varies from prayer to prayer. Ritual purity and are prerequisites for performing the prayers. The daily obligatory prayers collectively form the second of the five pillars in Islam, observed three or five times (the latter being the majority) every day at prescribed times. These are usually (observed at dawn), (observed at noon), (observed late in the afternoon), (observed after sunset), and (observed ...
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Shariah
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 ...
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Ibn Al-Qayyim
Shams al-Dīn Abū ʿAbd Allāh Muḥammad ibn Abī Bakr ibn Ayyūb al-Zurʿī l-Dimashqī l-Ḥanbalī (29 January 1292–15 September 1350 CE / 691 AH–751 AH), commonly known as Ibn Qayyim al-Jawziyya ("The son of the principal of he school ofJawziyyah") or Ibn al-Qayyim ("Son of the principal"; ابن القيّم) for short, or reverentially as Imam Ibn al-Qayyim in Sunni tradition, was an important medieval Islamic jurisconsult, theologian, and spiritual writer. Belonging to the Hanbali school of orthodox Sunni jurisprudence, of which he is regarded as "one of the most important thinkers," Ibn al-Qayyim was also the foremost disciple and student of Ibn Taymiyyah,Hoover, Jon, "Ibn Qayyim al-Jawziyya", in: Christian-Muslim Relations 600 - 1500, General Editor David Thomas. with whom he was imprisoned in 1326 for dissenting against established tradition during Ibn Taymiyyah's famous incarceration in the Citadel of Damascus. Of humble origin, Ibn al-Qayyim's father was the ...
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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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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 case ...
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