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Qāḍī
A qadi (; ) is the magistrate or judge of a Sharia court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and minors, and supervision and auditing of public works. History The term '' 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 and played the role in elucidation of the principles of Islamic jurisprudence () and the Islamic law (), the qadi remained the key person ensuring the establishment of justice on the basis of these very laws and rules. Thus, the qadi was chosen from amongst those who had mastered the sciences of jurisprudence and law. The office of qadi continued to be a very important one in every principality of the caliphates and sultanates of the various Muslim empires over the centuries. The rulers appointed a qadi in every region, town, and village for judicial and administrative contro ...
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Sharia
Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intangible divine law; contrary to ''fiqh'', which refers to its interpretations by Ulama, Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside urf, customary law from the very beginning in Islamic history; has been elaborated and developed over the centuries by fatwa, legal opinions issued by mufti, qualified jurists – reflecting the tendencies of Schools of Fiqh, different schools – and integrated and with various economic, penal and administrative laws issued by Muslims, Muslim rulers; and implemented for centuries by Qadi, judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional Principles of Islamic jurisprudence, theory o ...
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Abu Hanifa An-Nu'man
Abu Hanifa (; September 699 CE – 767 CE) was a Muslim scholar, jurist, theologian, ascetic Asceticism is a lifestyle characterized by abstinence from worldly pleasures through self-discipline, self-imposed poverty, and simple living, often for the purpose of pursuing spiritual goals. Ascetics may withdraw from the world for their pra ...,Pakatchi, Ahmad and Umar, Suheyl, "Abū Ḥanīfa", in: ''Encyclopaedia Islamica'', Editors-in-Chief: Wilferd Madelung and, Farhad Daftary. and eponym of the Hanafi school of Sunni Islamic jurisprudence, jurisprudence, which remains the most widely practiced to this day. His school predominates in Central Asia, Central and South Asia, Turkey, Balkans, the Balkans, Russia, and some parts of the Arab world. Sources disagree on exactly where he was born, whether in Kufa (held by the majority), Kabul, Anbar, Nasa or Termez. Abu Hanifa traveled to the Hejaz region of Arabia in his youth, where he studied in the holiest sites in Islam, Islamic ...
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Mazalim
''Al-Maẓālim'' () were an ancient pre-Islamic institution that was adopted by the Abbasid Caliphate in the eighth century CE. The main purpose of the maẓālim courts was to give ordinary people redress. Al-Maẓālim, or the sultan's court, was distinguished from the shurṭa or police courts. References 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, 662/1264-789/1387.'' Leiden: Nederlands Historisch-Archaeologisch Instituut te Istanbul, 1985. * Tillier, Mathieu. Qādī-s and the political use of the mazālim jurisdiction under the ʿAbbāsids. In Maribel Fierro and Christian Lange (eds.), ''Public Violence in Islamic Societies: Power, Discipline, and the Construction of the Public Sphere, 7th-18th Centuries CE.'' Edinburgh: Edinburgh University ...
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Shurṭah
''Shurṭa'' () is the common Arabic term for police. Its literal meaning is that of a "picked" or elite force. The ''shurṭa'' or police force were established in the early days of the Caliphate, perhaps as early as the caliphate of Uthman (644–656). In the Umayyad and the Abbasid Caliphates, the ''shurṭa'' had considerable power, and its head, the ''ṣāḥib al-shurṭa'' (), 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 or the secret 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. ''Shurṭa'' is one of the secret police agencies and officials of the Abbasid caliphs which was he ...
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Dhimmī
' ( ', , collectively ''/'' "the people of the covenant") or () is a historical term for non-Muslims living in an Islamic state with legal protection. The word literally means "protected person", referring to the state's obligation under ''sharia'' to protect the individual's life, property, as well as freedom of religion, in exchange for loyalty to the state and payment of the ''jizya'' tax, in contrast to the ''zakat'', or obligatory alms, paid by the Muslim subjects. ''Dhimmi'' were exempt from military service and other duties assigned specifically to Muslims if they paid the poll tax (''jizya'') but were otherwise equal under the laws of property, contract, and obligation. Dhimmis were subject to specific restrictions as well, which were codified in agreements like the ''Pact of ʿUmar''. These included prohibitions on building new places of worship, repairing existing ones in areas where Muslims lived, teaching children the Qurʾān, and preventing relatives from convert ...
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Court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. Courts generally consist of Judge, judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or Petition, petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authori ...
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Waqfs
A (; , plural ), also called a (, plural or ), 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 ('donor') who uses a ''mutawalli'' ('trustee') to manage the property in exchange for a share of the revenues it generates. A waqf allows the state to provide social services in accordance with Islamic law while contributing to the preservation of cultural and historical sites. Although the 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 dates from the 9th century CE (see below). Terminology In Sunni jurisprudence, , also spelled (; plural , ; ) ...
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Islamic Sciences
The Islamic sciences () are a set of traditionally defined religious sciences practiced by Islamic scholars ( ), aimed at the construction and interpretation of Islamic religious knowledge. Different sciences These sciences include: * : Islamic jurisprudence * : the study of the authenticity of Prophetic traditions or hadith ** : the biographical study of hadith transmitters with the purpose of evaluating their trustworthiness * (sometimes also called , "the roots of religion"): speculative theology / and some reasoningOn the term , see . On the term 'speculative theology', see, e.g. : "rationally minded theologians employed the methods and techniques of speculative theology, ''‘kalām’'' or ''‘ʿilm al-kalām’'', as it is typically called". *: Arabic grammar * : interpretation of the Qur'an ** : the study of abrogation (parts of the Qur'an which supersede or cancel other parts) * : rules for the proper recitation of the Qur'an ** : on the various ways in which the Qur ...
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Fatwa
A fatwa (; ; ; ) is a legal ruling on a point of Islamic law (sharia) given by a qualified Islamic jurist ('' faqih'') 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 ''ifta. 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 mass European/Christian invasions, fatwas played a part in mobilizing resistance against foreign aggressors. Muftis acted as independent scholars in the classical ...
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Abbasid Dynasty
The Abbasid dynasty or Abbasids () 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 (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 Ilyas ibn Mudar ibn Nizar ibn Ma'add ibn Ad ...
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Fiqh
''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica
''Fiqh'' is often described as the style of human understanding, research and practices of the sharia; that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions). Fiqh expands and develops Shariah through interpretation (''ijtihad'') of the Quran and ''Sunnah'' by Islamic jurists (''ulama'') and is implemented by the rulings (''fatwa'') of jurists on questions presented to them. Thus, whereas ''sharia'' is considered immutable and infallible by Muslims, ''fiqh'' is considered fallible and changeable. ''Fiqh'' deals with the observance of rituals, morals and social legislation in Islam as well as econo ...
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