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Qisas
''Qisas'' or ''Qiṣāṣ'' () is an Islamic term interpreted to mean "retaliation in kind",Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, "eye for an eye", or retributive justice. ''Qisas'' and ''diyya'' applied as an alternative in cases where retaliation conditions not met are two of several forms of punishment in classical/traditional Islamic criminal jurisprudence, the others being '' Hudud'' and '' Ta'zir''. In ancient societies, the principle of retaliation meant that the person who committed a crime or the tribe to which he belonged was punished in a manner, equivalent to the crime committed. So, an eye for an eye, a tooth for a tooth, an ear for an ear, and a life for a life. Since there was no principle of individual responsibility in ancient societies, someone else, such as the closest relative, could be punished instead of the criminal. Most of the time, it was ignored whether the act was intentional or not, and a price of life ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diyya
''Diya'' (; : ''diyāt'', ) in Islamic law, is the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage by mistake. It is an alternative punishment to '' qisas'' (equal retaliation). In Arabic, the word means both blood money and ransom, and it is spelled sometimes as ''diyah'' or ''diyeh''. It only applies when murder is committed by mistake and secondly victim's family has the free consent to compromise with the guilty party; otherwise '' qisas'' applies. ''Diya'' compensation rates have historically varied based on the gender and religion of the victim.Anver M. Emon (2012), ''Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law'', Oxford University Press, , pp. 234-235 In the modern era, diya plays a role in the legal system of Iran, Pakistan, Saudi Arabia and the United Arab Emirates. In Iran, the diya for recognized religious minorities ( Zoroastrians, Jews, and Christians, with the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tazir
In Islamic Law, ''tazir'' (''ta'zeer'' or ''ta'zir'', ) lit. scolding; refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state.Tazir Oxford Islamic Studies, Oxford University Press It is one of three major types of punishments or sanctions under Islamic law, — '' hadd'', '' qisas / '' and ''ta'zir''. Contrary to the lightness of naming, tazir are discretionary p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Criminal Jurisprudence
Islamic criminal law () is criminal law in accordance with Sharia. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". Islamic law divides crimes into three different categories depending on the offense – '' Hudud'' (crimes "against God", whose punishment is fixed in the Quran and the Hadiths), ''Qisas'' (crimes against an individual or family whose punishment is equal retaliation in the Quran and the Hadiths), and ''Tazir'' (crimes whose punishment is not specified in the Quran and the Hadiths, and is left to the discretion of the ruler or Qadi, i.e. judge). Some add the fourth category of ''Siyasah'' (crimes against government), while others consider it as part of either ''Hadd'' or ''Tazir'' crimes. Crimes against God are prosecuted by the state as ''hudud'' crimes, and all other criminal matters, including murder and bodily injury, are treated as disputes between individuals with an Islamic judge deciding the outcome based on Sharia ''fiqh'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Term
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 Arab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hudud
''Hudud'' is an Arabic word meaning "borders, boundaries, limits". The word is applied in classical Islamic literature to punishments (ranging from public lashing, public stoning to death, amputation of hands, crucifixion, depending on the crime), for a limited number of crimes (murder, adultery, slander, theft, etc.), for which punishments have been determined (or traditionally thought to have been determined) in the verses of Quran. In classical Islamic literature, punishments are mainly of three types; Qisas-diya, Hudud, and Ta'zeer. Hudud covers the punishments given to people who exceed the limits associated with the Quran and deemed to be set by Allah (Hududullah is a phrase repeated several times in the Quran without labeling any type of crime), and in this respect it differs from Ta'zeer (). These punishments were applied in pre-modern Islam, Wael Hallaq (2009), ''An introduction to Islamic law'', p.173. Cambridge University Press. . and their use in some modern st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quran
The Quran, also Romanization, romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a Waḥy, revelation directly from God in Islam, God (''Allah, Allāh''). It is organized in 114 chapters (, ) which consist of individual verses ('). Besides its religious significance, it is widely regarded as the finest work in Arabic literature, and has significantly influenced the Arabic, Arabic language. It is the object of a modern field of academic research known as Quranic studies. Muslims believe the Quran was orally revealed by God to the final Islamic Prophets and messengers in Islam, prophet Muhammad in Islam, Muhammad through the Angel#Islam, angel Gabriel#Islam, Gabriel incrementally over a period of some 23 years, beginning on the Night of Power, Laylat al-Qadr, when Muhammad was 40, and concluding in 632, the year of his death. Muslims regard the Quran as Muhammad's most important Islamic view of miracles, miracle, a proof of his prophet ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Al-Shafi'i
Al-Shafi'i (; ;767–820 CE) was a Muslim scholar, jurist, muhaddith, traditionist, theologian, ascetic, and eponym of the Shafi'i school of Sunni Islamic jurisprudence. He is known to be the first to write a book upon the principles of Islamic jurisprudence, having authored one of the earliest work on the subject: '' al-Risala''. His legacy and teaching on the matter provided it with a systematic form, thereby "fundamentally influencing the succeeding generations which are under his direct and obvious impact," and "beginning a new phase of the development of legal theory." Being born in Gaza, Palestine, to the Banu Muttalib clan of the Quraysh tribe, he relocated at the age of two and was raised in Mecca. He later resided in Medina, Yemen, Baghdad in Iraq, and Egypt, and also served as a judge for some time in Najran. Introduction The biography of al-Shafi'i is difficult to trace. It was said Dawud al-Zahiri (d. 884 CE) was the first to write one, but the work ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dhimmi
' ( ', , 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 conve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Al-Mawardi
Ali ibn Muhammad ibn Habib (; –1058), commonly known by the '' nisba'' al-Mawardi (), was a Sunni polymath and a Shafi'i jurist, legal theoretician, muhaddith, theologian, sociologist and an expert in political science. He is considered to be an eminent scholar of his time who wrote on numerous subjects, including Qur'anic interpretations, religion, government, public and constitutional law, language, ethics and belles-lettres. Name As the son of a person who sold rose water, the terms "maa" (water) and "Wardah" (rose) are combined to form the name "Al-Mawardi." The title "Al-Mawardi" was given to him because of his brilliance, eloquence, and great analytical abilities in debate, discussions, and oratory. He was also eager in evaluating a variety of situations that he came across. Early life He was born in the year 364 AH/974 CE in Basra, Iraq. Some authors make the claim that his family was Kurdish, a claim which is unsubstantiated. Education When Baghdad was a centre a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Opinion
A judicial opinion is a form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision. Drafting process An opinion may be released in several stages of completeness. First, a bench opinion may be handed down, with the judge or panel of judges indicating their decision and a rough explanation of the reasoning underlying it. A slip opinion may also be issued the day the decision is handed down, and is usually not typeset or fully formatted. It is not the final or most authoritative version, being subject to further revision before being replaced with a final published edition. The Supreme Court of the United States issues slip opinions with the following disclaimer: Types of judicial opinions A unanimous opinion is one in which all of the justices agree and offer one r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Slave
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavement is the placement of a person into slavery, and the person is called a slave or an enslaved person (see ). Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, suffering a military defeat, or exploitation for cheaper labor; other forms of slavery were instituted along demographic lines such as Racism, race or sex. Slaves would be kept in bondage for life, or for a fixed period of time after which they would be Manumission, granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntary slavery, voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
