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Qadi Al-qudat
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''), whos ...
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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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Sultanate
This article includes a list of successive Islamic states and Muslim dynasties beginning with the time of the Islamic prophet Muhammad (570–632 CE) and the early Muslim conquests that spread Islam outside of the Arabian Peninsula, and continuing through to the present day. The first-ever establishment of an Islamic polity goes back to the Islamic State of Medina, which was established by Muhammad in the city of Medina in 622 CE. Following his death in 632 CE, his immediate successors established the Rashidun Caliphate, which was further succeeded by the Umayyad Caliphate and later the Abbasid Caliphate. While the primary caliphates gradually fractured and fell, other Muslim dynasties rose; some of these dynasties established notable and prominent Islamic empires, such as the Ottoman Empire centered around Anatolia, the Safavid Empire of Persia, and the Mughal Empire in India. Middle East and North Africa Mesopotamia and Levant (Iraq, Jordan, Lebanon, Palestine, Syria) ...
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Samuel De Medina
Rabbi Samuel ben Moses de Medina (abbreviated RaShDaM, or ''Maharashdam''; 1505 – October 12, 1589), was a Talmudist and author from Thessaloniki. He was principal of the Talmudic college of that city, which produced a great number of prominent scholars during the 16th and 17th centuries. His teachers were the noted Talmudists Joseph Taitazak and Levi Ibn Chaviv, and among his schoolmates were Isaac Adarbi, Joseph ibn Leb, and Moses Almosnino. While on a mission to Constantinople he met the noted grammarian Menahem Lonzano, who studied under him for some time and who therefore speaks of him as his teacher (David Conforte, ''Kore ha-Dorot,'' ed. Cassel, p. 44a). Among Samuel's many disciples who attained prominence were Abraham de Boton, Joseph ibn Ezra and Ḥayyim Shabbethai. He had a controversy with Joseph Karo and other rabbis at Safed, against whom he wrote a polemical letter (''Ketav Tochachah''). He died at Salonica. A grandson of his was Samuel Hayyun, au ...
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Shurta
''Shurṭa'' ( ar, شرطة) is the common Arabic term for police, although its precise meaning is that of a "picked" or elite force. Bodies termed ''shurṭa'' were established in the early days of the Caliphate, perhaps as early as the caliphate of Uthman (644–656). In the Umayyad and Abbasid Caliphates, the ''shurṭa'' had considerable power, and its head, the ''ṣāḥib al-shurṭa'' ( ar, صاحب الشرطة), was an important official, whether at the provincial level or in the central government. The duties of the ''shurṭa'' varied with time and place: it was primarily a police and internal security force and also had judicial functions, but it could also be entrusted with suppressing brigandage, enforcing the '' ḥisbah'', customs and tax duties, rubbish collection, acting as a bodyguard for governors, etc. In the Abbasid East, the chief of police also supervised the prison system. From the 10th century, the importance of the ''shurṭa'' declined, along with the po ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ...
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Mazalim
''Al-maẓālim'' (injustices, grievances) were an ancient pre-Islamic institution that was adopted by the Abbasids in the eighth century CE. The main purpose of the ''mazalim'' courts was to give ordinary people redress. ''Mazalim'', or the sultan's court, was distinguished from the '' shurṭa'', police courts.Knut S. Vikør Between God and the Sultan: A History of Islamic Law 2005-0195223985 Page 191 "group them into two main types recognized by the adab literature: mazalim, or the sultan's court, and shurta, police courts.7 Mazalim: the sultan 's court The first of these is the private court of the sultan (that is, whoever has the political power in .." References Islamic terminology Arabic words and phrases in Sharia Government of the Abbasid Caliphate Bibliography * Tyan, Emile. ''Histoire de l'organisation judiciaire en pays d'Islam.'' Leiden: Brill, 1960. * Nielsen, Jorgen. ''Secular Justice in an Islamic State: Maẓālim under the Baḥrī Mamlūks, 662/1264-789/1 ...
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Shurṭah
''Shurṭa'' ( ar, شرطة) is the common Arabic term for police, although its precise meaning is that of a "picked" or elite force. Bodies termed ''shurṭa'' were established in the early days of the Caliphate, perhaps as early as the caliphate of Uthman (644–656). In the Umayyad and Abbasid Caliphates, the ''shurṭa'' had considerable power, and its head, the ''ṣāḥib al-shurṭa'' ( ar, صاحب الشرطة), was an important official, whether at the provincial level or in the central government. The duties of the ''shurṭa'' varied with time and place: it was primarily a police and internal security force and also had judicial functions, but it could also be entrusted with suppressing brigandage, enforcing the '' ḥisbah'', customs and tax duties, rubbish collection, acting as a bodyguard for governors, etc. In the Abbasid East, the chief of police also supervised the prison system. From the 10th century, the importance of the ''shurṭa'' declined, along with the po ...
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Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ...
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Waqf
A waqf ( ar, وَقْف; ), also known as hubous () or '' mortmain'' property is an inalienable charitable endowment under Islamic law. It typically involves donating a building, plot of land or other assets for Muslim religious or charitable purposes with no intention of reclaiming the assets. A charitable trust may hold the donated assets. The person making such dedication is known as a ''waqif'' (a donor). In Ottoman Turkish law, and later under the British Mandate of Palestine, a ''waqf'' was defined as usufruct state land (or property) from which the state revenues are assured to pious foundations. Although the ''waqf'' system depended on several hadiths and presented elements similar to practices from pre-Islamic cultures, it seems that the specific full-fledged Islamic legal form of endowment called ''waqf'' dates from the 9th century AD (see below). Terminology In Sunni jurisprudence, ''waqf'', also spelled ''wakf'' ( ar, وَقْف; plural , ''awqāf''; tr, vak ...
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Fatwa
A fatwā ( ; ar, فتوى; plural ''fatāwā'' ) is a legal ruling on a point of Islamic law (''sharia'') given by a qualified '' Faqih'' (Islamic jurist) in response to a question posed by a private individual, judge or government. A jurist issuing fatwas is called a ''mufti'', and the act of issuing fatwas is called ''iftāʾ''. Fatwas have played an important role throughout Islamic history, taking on new forms in the modern era. Resembling ''jus respondendi'' in Roman law and rabbinic ''responsa'', privately issued fatwas historically served to inform Muslim populations about Islam, advise courts on difficult points of Islamic law, and elaborate substantive law. In later times, public and political fatwas were issued to take a stand on doctrinal controversies, legitimize government policies or articulate grievances of the population. During the era of European colonialism, fatwas played a part in mobilizing resistance to foreign domination. Muftis acted as independent s ...
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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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Abbasid Dynasty
The Abbasid dynasty or Abbasids ( ar, بنو العباس, Banu al-ʿAbbās) were an Arab dynasty that ruled the Abbasid Caliphate between 750 and 1258. They were from the Qurayshi Hashimid clan of Banu Abbas, descended from Abbas ibn Abd al-Muttalib. The Abbasid Caliphate is divided into three main periods: Early Abbasid era (750–861), Middle Abbasid era (861–936) and Later Abbasid era (936–1258). A cadet branch of the dynasty also ruled as ceremonial rulers for the Mamluk Sultanate as Caliph (1261–1517), until their conquest by the Ottoman Empire. Ancestry The Abbasids descended from Abbas, one of Muhammad's companions (as well as his uncle) and one of the early Qur'an scholars. Therefore, their roots trace back to Hashim ibn 'Abd Manaf and also Adnan in the following line: Al-‘Abbas ibn Abdul-Muttalib ibn Hashim ibn Abd Manaf ibn Qusai ibn Kilab ibn Murrah ibn Ka'b ibn Lu'ay ibn Ghalib ibn Fihr ibn Malik ibn An-Nadr ibn Kinanah ibn Khuzaima ibn Mudrikah ibn Ily ...
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