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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] |
Book Of Ingenious Devices
The ''Book of Ingenious Devices'' (Arabic: كتاب الحيل ''Kitab al-Hiyal'', Persian: كتاب ترفندها ''Ketab tarfandha'', literally: "The Book of Tricks") is a large illustrated work on mechanical devices, including automata, published in 850 by the three brothers of Persian descent, known as the Banu Musa (Ahmad, Muhammad and Hasan bin Musa ibn Shakir) working at the House of Wisdom (''Bayt al-Hikma'') in Baghdad, Iraq, under the Abbasid Caliphate. The book described about one hundred devices and how to use them. Overview The book was commissioned by the Abbasid Caliph of Baghdad, also made by Al-Jazari, Abu Jafar al-Ma'mun ibn Harun (786–833), who instructed the Banu Musa to acquire all of the Hellenistic texts that had been preserved by monasteries and by scholars during the decline and fall of Roman civilization. The Banū Mūsā brothers invented a number of automata (automatic machines) and mechanical devices, and they described a hundred such devices 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] |
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] |
Al-Qa'im (Abbasid Caliph At Baghdad)
Abū Ja'far Abdallah ibn Aḥmad al-Qādir () better known by his regnal name al-Qā'im bi-amri 'llāh ( ar, القائم بأمر الله, , he who carries out the command of God) or simply as al-Qā'im; 1001 – 2 April 1075) was the Abbasid caliph in Baghdad from 1031 to 1075. He was the son of the previous caliph, al-Qadir. Al-Qa'im's reign coincided with the end of the Buyid dynasty's dominance of the caliphate and the rise of the Seljuk dynasty. Early life Al-Qa'im was the son of Abbasid caliph al-Qadir ( r. 991–1031) and his mother was Badr al-Dija (also known as Qatr al-Nīda). He was born in Baghdad in 1001. He spend his childhood and early life in Baghdad. His father, Al-Qadir had public proclaimed his just nine-year-old son Muhammad (elder brother of Al-Qa'im) as heir apparent, with the title of al-Ghalib Bi'llah, in 1001. However, Muhammad died before his father and never access to the throne. Al-Qadir's proclamation of his son as heir was a response to the pre ... [...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] |
