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Moharebeh
In Islamic law, ''hirabah'' is a legal category that comprises highway robbery (traditionally understood as aggravated robbery or grand larceny, unlike theft, which has a different punishment), rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ..., and terrorism. Ḥirābah ( ar, حرابة) is an Arabic word for 'piracy', or 'unlawful warfare'. It comes from the triliteral root ''ḥrb'', which means “to become angry and enraged”. The noun ''ḥarb'' (, pl. ''ḥurūb'' ) means 'war' or 'wars'.Crane, Robert D., Hirabah versus Jihad, ''IFRI.org'' (Islamic Research Foundation International, Inc., 2006) ''Moharebeh'' (also spelled ''muharebeh'') is a Persian term that is treated as interchangeable with ''ḥirabah'' in Arabic lexicons. The related term ''muḥārib'' () (per ...
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Moharebeh
In Islamic law, ''hirabah'' is a legal category that comprises highway robbery (traditionally understood as aggravated robbery or grand larceny, unlike theft, which has a different punishment), rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ..., and terrorism. Ḥirābah ( ar, حرابة) is an Arabic word for 'piracy', or 'unlawful warfare'. It comes from the triliteral root ''ḥrb'', which means “to become angry and enraged”. The noun ''ḥarb'' (, pl. ''ḥurūb'' ) means 'war' or 'wars'.Crane, Robert D., Hirabah versus Jihad, ''IFRI.org'' (Islamic Research Foundation International, Inc., 2006) ''Moharebeh'' (also spelled ''muharebeh'') is a Persian term that is treated as interchangeable with ''ḥirabah'' in Arabic lexicons. The related term ''muḥārib'' () (per ...
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Capital Crime
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender is to be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdiction, but commonly include serious crimes against the person, such as murder, mass murder, aggravated cases of rape (often including child sexual abuse), terrorism, aircraft hijacking, war crimes, crimes against hum ...
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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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Al-Ma'ida
Al-Ma'idah ( ar, ٱلمائدة, ; "The Table" or "The Table Spread with Food") is the fifth chapter (''sūrah'') of the Quran, with 120 verses ('' āyāt''). Regarding the timing and contextual background of the revelation (''asbāb al-nuzūl''), it is a "Medinan surah", which means it is believed to have been revealed in Medina, instead of Mecca. The chapter's topics include animals which are forbidden, and Jesus' and Moses' missions. Verse 90 prohibits "The intoxicant" (alcohol). Verse 8 Contains the passage: "Do not let the hatred of a people lead you to injustice". Al-Tabligh Verse 67 is relevant to the Farewell Pilgrimage and Ghadir Khumm. Verses (Q5:32-33) have been quoted to denounce killing, by using an abbreviated form such as, "If anyone kills a person, it would be as if he killed the whole people: and if anyone saved a life, it would be as if he saved the life of the whole people". This verse is similar to that of one from the Talmud. Summary *1 Covenants a ...
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Sunnah
In Islam, , also spelled ( ar, سنة), are the traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. The sunnah is what all the Muslims of Muhammad's time evidently saw and followed and passed on to the next generations. According to classical Islamic theories, the sunnah are documented by hadith (the verbally transmitted record of the teachings, deeds and sayings, silent permissions or disapprovals of Muhammad), and along with the Quran (the book of Islam), are the divine revelation ('' Wahy'') delivered through Muhammad Brown, ''Rethinking tradition in modern Islamic thought'', 1996: p.7 that make up the primary sources of Islamic law and belief/theology. Differing from Sunni classical Islamic theories are those of Shia Muslims, who hold that the Twelve Imams interpret the sunnah, and Sufi who hold that Muhammad transmitted the values of sunnah "through a series of Sufi teachers." According to Muslim belief, Muhammad was the ...
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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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Abu Bakr Ibn Al-Arabi
Abu Bakr ibn al-Arabi or, in full Abū Bakr Muḥammad ibn ʿAbdallāh ibn al-ʿArabī al-Maʿāfirī al-Ishbīlī ( ar, أبو بكر محمّد ابن عبدالله ابن العربى المعافرى الأسفلى) born in Sevilla in 1076 and died in Fez in 1148) was a Muslim judge and scholar of Maliki law from al-Andalus. Like Al-Mu'tamid ibn Abbad, Ibn al-Arabi was forced to migrate to Morocco during the reign of the Almoravids. It is reported that he was a student of Al-Ghazali. He was a master of Maliki Jurisprudence. His father was a student of Ibn Hazm. He also contributed to the spread of Ash'ari theology in Spain. A detailed biography about him was written by his contemporary Qadi Ayyad (), the Malikite scholar and judge from Ceuta.''The Encyclopaedia of Islam''. New Edition. Brill, Leiden. vol. 4, p. 289 Biography Abu Bakr Ibn al-'Arabi (born 468/1076, died 543/1148) was a "Andalusian Malikite qadi". He was born in Seville Al-Andalus, Ibn al-'Arabi's father (Ab ...
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Maliki
The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary sources. Unlike other Islamic fiqhs, Maliki fiqh also considers the consensus of the people of Medina to be a valid source of Islamic law. The Maliki school is one of the largest groups of Sunni Muslims, comparable to the Shafi`i madhhab in adherents, but smaller than the Hanafi madhhab. Sharia based on Maliki doctrine is predominantly found in North Africa (excluding northern and eastern Egypt), West Africa, Chad, Sudan, Kuwait, Bahrain, Qatar, the Emirate of Dubai (UAE), and in northeastern parts of Saudi Arabia.Jurisprudence and Law – Islam
Reorienting the Veil, University of North Car ...
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Ibn Hazm
Abū Muḥammad ʿAlī ibn Aḥmad ibn Saʿīd ibn Ḥazm ( ar, أبو محمد علي بن احمد بن سعيد بن حزم; also sometimes known as al-Andalusī aẓ-Ẓāhirī; 7 November 994 – 15 August 1064Ibn Hazm. ' (Preface). Trans. A. J. Arberry. Luzac Oriental, 1997 Joseph A. KechichianA mind of his own Gulf News: 21:30 December 20, 2012. 56 AH was an Andalusian Muslim polymath, historian, muhaddith, jurist, philosopher, and theologian, born in the Caliphate of Córdoba, present-day Spain. Described as one of the strictest hadith interpreters, Ibn Hazm was a leading proponent and codifier of the Zahiri school of Islamic thought and produced a reported 400 works, of which only 40 still survive. In all, his written works amounted to some 80 000 pages. Described as one of the fathers of comparative religion, the ''Encyclopaedia of Islam'' refers to him as having been one of the leading thinkers of the Muslim world. Personal life Lineage Ibn Hazm's grandfath ...
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Zahiri
The Ẓāhirī ( ar, ظاهري, otherwise transliterated as ''Dhāhirī'') ''madhhab'' or al-Ẓāhirīyyah ( ar, الظاهرية) is a Sunnī school of Islamic jurisprudence founded by Dāwūd al-Ẓāhirī in the 9th century CE. It is characterized by strict adherence to literalism and reliance on the outward ('' ẓāhir'') meaning of expressions in the Quran and ''ḥadīth'' literature; the consensus (''ijmāʿ'') of the first generation of Muhammad's closest companions (''ṣaḥāba''), for sources of Islamic law (''sharīʿa''); and rejection of analogical deduction ('' qiyās'') and societal custom or knowledge (''urf''), used by other schools of Islamic jurisprudence. After a limited success and decline in the Middle East, the Ẓāhirī school flourished in the Caliphate of Córdoba (Al-Andalus, today's Spain and Portugal), particularly under the leadership of Ibn Hazm, whose book ''Al-Muhalla'' is considered to be ''adiwalu al fiqhi dhahiri'' (the reference poi ...
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Fasad
''Fasād'' ( ar, فساد ) is an Arabic word meaning rottenness, corruption, or depravity. In an Islamic context it can refer to ''spreading corruption on Earth'' or ''spreading mischief in a Muslim land'', moral corruption against God, or disturbance of the public peace. The spread of ''fasad'' is a major theme in the Quran, and the notion is often contrasted with ''islah'' (setting things aright). Classical Quranic commentators commonly interpreted "corruption in the land" as open disobedience against God or its result. In certain contexts, classical jurists took it to refer to the legal category of Hirabah, comprising armed assault, rape and murder. Some contemporary Muslims view destruction of the natural environment to be among the central meanings of verses referring to ''fasad''. In recent decades, the term has been used in the legal codes of the Islamic Republics of Pakistan and Iran. In Iran, laws referencing it have been used to prosecute or threaten political oppos ...
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Sadakat Kadri
Sadakat Kadri (born 1964 in London) is a lawyer, author, travel writer and journalist. One of his foremost roles as a barrister was to assist in the prosecution of former Malawian president Hastings Banda. As a member of the New York Bar he has worked as a volunteer with the American Civil Liberties Union. He has also specialised in freedom of information issues. He currently lives in London and writes law-based articles for the British current affairs magazine ''New Statesman'', and the ''London Review of Books''. Early life and education Born in London in 1964 of Pakistani and Finnish parents, Kadri studied history and law at Trinity College, Cambridge, where he graduated with a first, and has a master's degree from Harvard Law School. Career Kadri's parallel travel writing career started with a visit to Prague during the 1989 Velvet Revolution, as one of only a handful of 'non-journalists' who actually observed the reality of the changes without being hamstrung by press c ...
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