|
Ḥiyal
''Ḥiyal'' (حيل, singular ''ḥīla'' حيلة "contortion, contrivance; device, subterfuge") is "legalistic trickery" in Islamic jurisprudence. The main purpose of ''ḥiyal'' is to avoid straightforward observance of Islamic law in difficult situations while still obeying the letter of the law. An example of ''hiyal'' is the practice of "dual purchase" (''baiʿatān fī baiʿa'') to avoid the prohibition of usury by making two contracts of purchase and re-purchase (at a higher price), similar to the modern futures contract. A special sub-field of ''ḥiyal'' is "oath-trickery" (''maʿārīḍ'') dedicated to the formulation of ambiguous statements designed to be interpreted as an oath or promise while leaving open loopholes to avoid perjury. Views on its admissibility in Islam have varied by schools of Islamic jurisprudence (''Madhhab''), by time period, and by type of ''ḥiyal''. A substantial literature on such tricks has developed in the Hanafi school of jurisprudence in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Al-Ḫaṣṣāf
Al-Ḫaṣṣāf () (died 874, full name ''Abū-Bakr Aḥmad Ibn-ʿUmar Ibn-Muhair aš-Šaibānī al-Ḫaṣṣāf'') was a Hanafite law scholar at the court of the 14th Abbasid Caliph al-Muhtadi. He is the author of a seminal work on ''Qādī'', known as . A commentary on the work was written by al-Jaṣṣās in the 10th century. An English translation was published by G. P. Verbit in 2008. Al-Ḫaṣṣāf is also the author of a'' Kitāb al-ḥiyal wa-l-maḫārij'', a work on legalistic trickery or ''ḥiyal'', and a ''kitāb aḥkām al-awqāf'', on religious institutions or ''waqf''. The earliest development of this field is the ''Kitāb al-maḫārij fī l-ḥiyal'' ("book of evasion and trickery") by Muhammad al-Shaybani (d. 805). A more comprehensive treatment is the ''Kitāb al-ḥiyal wa-l-maḫārij'' by Al-Hassaf.Schacht 1926, 218. Editions * al-Khaṣṣāf, Adab al-qāḍī, ed. Farḥāt Ziyāda (Cairo: American University in Cairo Press, 1978) * Abubakar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sahih Al-Bukhari
Sahih al-Bukhari ( ar, صحيح البخاري, translit=Ṣaḥīḥ al-Bukhārī), group=note is a ''hadith'' collection and a book of '' sunnah'' compiled by the Persian scholar Muḥammad ibn Ismā‘īl al-Bukhārī (810–870) around 846. Alongside ''Sahih Muslim'', it is one of the most valued books in Sunni Islam after the Quran. Both books are part of the Kutub al-Sittah, the six major Sunni collections of ''hadith'' of the Islamic prophet Muhammad. The book is also revered by Zaydi Shias. It consists of an estimated 7,563 ''hadith'' narrations across its 97 chapters. Content Sources differ on the exact number of hadiths in Sahih al-Bukhari, with definitions of ''hadith'' varying from a prophetic tradition or '' sunnah'', or a narration of that tradition. Experts have estimated the number of full-''isnad'' narrations in the Sahih at 7,563, with the number reducing to around 2,600 without considerations to repetitions or different versions of the same ''hadith.'' Bukhari ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arabic Words And Phrases In Sharia
Arabic (, ' ; , ' or ) is a Semitic languages, 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 Arabs, 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 (sociolinguistics), prestige language—i.e., Literary Arabic: Modern Standard Arabic (MSA) or Classical Arabic—and diverse vernacular varieties, which serve as First language, 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Terminology
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reservatio Mentalis
Mental reservation (or mental equivocation) is an ethical theory and a doctrine in moral theology that recognizes the "lie of necessity", and holds that when there is a conflict between justice and veracity, it is justice that should prevail. The doctrine is a special branch of casuistry (case-based reasoning) developed in the late Middle Ages and the Renaissance. While associated with the Jesuits, it did not originate with them. It is a theory debated by moral theologians, but not part of Canon law. Secular use It was argued in moral theology, and now in ethics, that mental reservation was a way to fulfill obligations both to tell the truth and to keep secrets from those not entitled to know them (for example, because of the seal of the confessional or other clauses of confidentiality). Mental reservation, however, is regarded as unjustifiable without grave reason for withholding the truth. This condition was necessary to preserve a general idea of truth in social relations. So ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taqiyya
In Shi'ism, ''Taqiya'' or ''Taqiyya'' ( ar, تقیة ', literally "prudence, fear")R. STROTHMANN, MOKTAR DJEBLI. Encyclopedia of Islam, 2nd ed, Brill. "TAKIYYA", vol. 10, p. 134. Quote: "TAKIYYA "prudence, fear" ..denotes dispensing with the ordinances of religion in cases of constraint of preaching.". is a precautionary dissimulation or denial of religious belief and practice. Generally, taqiya is the action of commiting a sinful act (such as feigning unbelief) for a pious goal. A related term is '' Kitmān'' (lit. "action of covering, dissimulation"), which has a more specific meaning of dissimulation by silence or omission. This practice is emphasized in Shi'ism whereby adherents are permitted to conceal their religion when under threat of persecution or compulsion. Taqiyya was initially practiced under duress by some of Muhammad's companions. Later, it became particularly important for Shias due to their experience as a persecuted religious minority. According to Shi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kitman
In Shi'ism, ''Taqiya'' or ''Taqiyya'' ( ar, تقیة ', literally "prudence, fear")R. STROTHMANN, MOKTAR DJEBLI. Encyclopedia of Islam, 2nd ed, Brill. "TAKIYYA", vol. 10, p. 134. Quote: "TAKIYYA "prudence, fear" ..denotes dispensing with the ordinances of religion in cases of constraint of preaching.". is a precautionary dissimulation or denial of religious belief and practice. Generally, taqiya is the action of commiting a sinful act (such as feigning unbelief) for a pious goal. A related term is ''Kitmān'' (lit. "action of covering, dissimulation"), which has a more specific meaning of dissimulation by silence or omission. This practice is emphasized in Shi'ism whereby adherents are permitted to conceal their religion when under threat of persecution or compulsion. Taqiyya was initially practiced under duress by some of Muhammad's companions. Later, it became particularly important for Shias due to their experience as a persecuted religious minority. According to Shia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Encyclopaedia Of Islam
The ''Encyclopaedia of Islam'' (''EI'') is an encyclopaedia of the academic discipline of Islamic studies published by Brill. It is considered to be the standard reference work in the field of Islamic studies. The first edition was published in 1913–1938, the second in 1954–2005, and the third was begun in 2007. Content According to Brill, the ''EI'' includes "articles on distinguished Muslims of every age and land, on tribes and dynasties, on the crafts and sciences, on political and religious institutions, on the geography, ethnography, flora and fauna of the various countries and on the history, topography and monuments of the major towns and cities. In its geographical and historical scope it encompasses the old Arabo-Islamic empire, the Islamic countries of Iran, Central Asia, the Indian sub-continent and Indonesia, the Ottoman Empire and all other Islamic countries". Standing ''EI'' is considered to be the standard reference work in the field of Islamic studies. E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Schacht
Joseph Franz Schacht (, 15 March 1902 – 1 August 1969) was a British-German professor of Arabic and Islam at Columbia University in New York. He was the leading Western scholar on Islamic law, whose ''Origins of Muhammadan Jurisprudence'' (1950) is still considered a centrally important work on the subject. The author of many articles in the first and second editions of the '' Encyclopaedia of Islam'', Schacht also co-edited, with C. E. Bosworth, the second edition of ''The Legacy of Islam'' for the ''Legacy'' series of Oxford University Press and authored a textbook under the title ''An Introduction to Islamic Law'' (1964). Life and career Schacht was born into a Catholic family but, with a zeal for study, became at an early age a student in a Hebrew school. In Breslau and Leipzig he studied Semitic languages, Greek, and Latin, under professors including Gotthelf Bergsträßer. In 1924 he published his Habilitations-Schrift, ''Das kitab al-hiial fil-fiqh (Buch d. Rechtsk ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Banking
Islamic banking, Islamic finance ( ar, مصرفية إسلامية), or Sharia-compliant finance is banking or financing activity that complies with Sharia (Islamic law) and its practical application through the development of Islamic economics. Some of the modes of Islamic banking/finance include ''Mudarabah'' (profit-sharing and loss-bearing), ''Wadiah'' (safekeeping), ''Musharaka'' (joint venture), ''Murabahah'' (cost-plus), and ''Ijara'' ( leasing). Sharia prohibits ''riba'', or usury, defined as interest paid on all loans of money (although some Muslims dispute whether there is a consensus that interest is equivalent to ''riba''). Investment in businesses that provide goods or services considered contrary to Islamic principles (e.g. pork or alcohol) is also ''haram'' ("sinful and prohibited"). These prohibitions have been applied historically in varying degrees in Muslim countries/communities to prevent un-Islamic practices. In the late 20th century, as part of the revi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islam And Modernity
Islam and modernity is a topic of discussion in contemporary sociology of religion. The history of Islam chronicles different interpretations and approaches. Modernity is a complex and multidimensional phenomenon rather than a unified and coherent one. It has historically had different schools of thought moving in many directions. Industrial Revolution's impact on Islam In the 18th century Europe was undergoing major transformations as the new ideas of the Enlightenment, which stressed the importance of science, rationality, and human reason; and the new technologies of the Industrial Revolution swept across Europe, giving Europeans great power and influence. In the last quarter of the 18th century, the gap widened between the technical skills of some western and northern European countries and those of the rest of the world. The rise of modern Europe coincided with what many scholars refer to as the decline of the Ottoman Empire, which by the 18th century was facing politic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
