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(782 words)

Author(s): Heffening
, the name of two families of Ḥanafī lawyers, nisba from their native town and the scene of their activities Marg̲h̲īnān in Farg̲h̲āna. I. 1. The most important was Burhān al-Dīn Abu ’l-Ḥasan ʿAlī b. Abī Bakr b. ʿAbd al-Ḏj̲alīl al-Farg̲h̲ānī al-Marg̲h̲īnānī, the author of the celebrated Hidāya. He acquired his knowledge on his travels, then still the usual way of studying in Islām. His principal teachers were Nad̲j̲m al-Dīn Abū Ḥafṣ ʿUmar b. Muḥammad b. Aḥmad al-Nasafī († 537 = 1142—1143), al-Ṣadr al-S̲h̲ahīd Ḥusām al-Dīn ʿOmar b. ʿAbd al-ʿA…


(967 words)

Author(s): Heffening
, nisba from Ṭabaristān; most of the bearers of the nisba have come from Āmul, the capital of this province. This nisba is also wrongly referred to Ṭabarīya (Tiberias) in place of the correct al-Ṭabarānī (cf. Samʿānī, Ansāb, fol. 366b; Tād̲j̲ al-ʿArūs, iii. 355). 1. Abu ’l-Ṭaiyib al-Ṭabarī, Ṭāhir b. ʿAbd Allāh b. Ṭāhir, a S̲h̲āfiʿī jurist, teacher of Abū Isḥāḳ al-S̲h̲īrāzī and of al-Ḵh̲aṭīb al-Bag̲h̲dādī; al-S̲h̲īrāzī who attended his lectures for over ten years, praises him as his best teacher. Al-Ṭabarī was born in Āmul in the year 348 (959/960). At the age of 14 he began his studies in fiḳh


(966 words)

Author(s): Heffening
(or al-Nawāwī), Muḥyī al-Dīn Abū Zakarīyāʾ Yaḥyā b. S̲h̲araf b. Murī [following Nawawī’sown spelling, Suyūṭī, fol. 53b] b. Ḥasan b. Ḥusain b. Muḥammad b. Ḏj̲umʿa b. Ḥizām al-Hihẓāmī al-Dimas̲h̲ḳī, a S̲h̲āfiʿī jurist, born in Muḥarram 631 (Oct. 1233) in Nawā south of Damascus in Ḏj̲awlān. The ability of the boy very early attracted attention and his father brought him in 649 to the Madrasa al-Rawāḥīya in Damascus. There he first of all studied medicine but very soon went over to Islāmic learning. In 651 he made the pilgrima…


(434 words)

Author(s): Heffening
, composition, settlement, which is recommended as early as Ḳurʾān, iv. 127, is a contract of sale ( baiʿ) with the object of averting a dispute (cf. the Roman-Byzantine transactio, διάλυσιΣ: Cod., 2, 4, 21; also Dig., 2, 15, 1). The rules of baiʿ hold for it, especially ḳubūl and īd̲j̲āb. There are three kinds of settlements: the defendant either acknowledges the disputed point to be justified ( iḳrār) or he disputes it ( inkār) or he says nothing ( sukūt). The older jurists differ on the admissibility of these three kinds: al-S̲h̲āfiʿī and Ibn Abī Lailā demand definite ac…


(361 words)

Author(s): Heffening
(a., pl. of ʿibāda), the ordinances of divine worship. The term ʿibāda is already found in the Ḳorʾān in this sense (e.g. Sūrā x. 30; xviii. 110; xix. 66 and passim) but is only very rarely applied to the worship of idols (e.g. Sūra xix. 85; xlvi. 5).— Under this general head is comprised the first part of the works on law in Islām: ṭahāra, ṣalāt, zakāt, ṣawm, ḥad̲j̲d̲j̲ and sometimes also d̲j̲ihād. According to al-ʿAbbādī ( al-Ḏj̲awhara al-naiyira, Constantinople 1323, i. 146) the mas̲h̲rūʿāt are divided into five groups: 1. the articles of the creed; 2. the ʿibādāt; 3. the muʿāmalāt which inc…


(1,341 words)

Author(s): Heffening
(a.), a maṣdar from waliya “to have power over something”, according to others a substantive like ṣināʿa; a general term for any “conferment of power”, authorisation. Ḏj̲urd̲j̲ānī, Taʿrīfāt, p. 275, defines it as the “carrying through of a decision affecting a third person whether the latter wishes or not”. I. In constitutional law it means the sovereign power (= sulṭān; Ibn al-Sikkīt [d. 243 = 857], in Lisān, s. v.) or the power delegated by the sovereign, the office of a governor, a wālī. The wilāya is derived from Sūra iv. 62: “O ye who believe, obey God and obey the Prophet …


(789 words)

Author(s): Heffening
, Abu ’l-Ḥasan ʿAlī b. ʿOmar b. Aḥmad b. Mahdī, a distinguished traditionist, “the commander of the faithful in ḥadīt̲h̲”, was born in 305 (917—918) in Dār al-Ḳuṭn, a quarter of Bag̲h̲dād. As was the custom of the time, he travelled to learn traditions from the most famous traditionists of his time and thus visited Baṣra, Kūfa, Wāsiṭ, Syria and Egypt. He also studied recitation of the Ḳurʾān with Ibn Mud̲j̲āhid (d. 323 = 935), Muḥammad b. al-Ḥasan al-Naḳḳās̲h̲ (d. 351 = 962) and others (Ibn Ḵh̲allikān); and fiḳh with Abū Saʿīd al-Iṣṭak̲h̲rī (d. 328 = 939—940). He was also a student…


(699 words)

Author(s): Heffening
, Abū Ibrāhīm Ismāʿīl b. Yaḥyā (in the Fihrist: Ibrāhīm), a pupil of al-S̲h̲āfiʿī, the “champion” of the S̲h̲āfiʿī school of law, was born in 175 (791—792) and lived in Miṣr. Although he compiled a celebrated compendium ( muk̲h̲taṣar) of the writings and lectures of his teacher, he was an independent thinker, who differed from his master on many points but not on the fundamentals ( uṣūl), as the Muk̲h̲taṣar eloquently shows (for example his master’s views are bluntly described as wrong: iv. 26; v. 20 etc.). There is even mention of a special mad̲h̲hab of Muzanī (Subḳī, i. 243; Nawawī); i…


(391 words)

Author(s): Heffening
, S̲h̲ams al-Aʾimma Abū Bakr Muḥammad b. Aḥmad b. Abī Sahl, the most important Ḥanafī lawyer of the fifth century in Mā warāʾ al-Nahr. Little is known of his life. Probably born in Sarak̲h̲s, he studied under ʿAbd al-ʿAzīz al-Ḥalwānī († 448 = 1056) in Buk̲h̲ārā. He then came to the court of the Ḳarak̲h̲ānids in Uzd̲j̲and. There he was thrown into prison by the Ḵh̲aḳān Ḥasan, probably because he alone of all the ʿUlamāʾ stigmatised as illegal the conduct of the ruler when he married his manumitted umm walad’s without observing the ʿidda. Here he languished for over ten years and dictated…


(10,235 words)

Author(s): Heffening
, ʿUrus (a., Pl. aʿrās and ʿurusāt), originally the leading of the bride to her bridegroom, marriage, also the wedding feast simply; whence a denominal verb iv. Aʿrasa “to celebrate a marriage”. ʿArūs means both bridegroom and bride; in modern linguistic usage this term has however been supplanted by ʿarīs “bridegroom” and ʿarūsa “bride” (as early as the 1001 Nights, cf. Dozy, Supplément), Two kinds of weddings have to be distinguished: ʿurs is the wedding performed in the tribe or the house of the man, and ʿumra is the wedding performed in the house or tribe of the woman (this d…


(922 words)

Author(s): Heffening
, “book of categories”. The word means when used of place: “similar, lying above one another” and with regard to time: “similar, following one another”; e.g. Sūra lxvii. 3; lxxi. 14, of the seven heavens placed one above the other; also the “storey” of a house (glossary to Idrīsī, Description de l’Afrique, ed. Dozy and de Goeje, Leyden 1866, p. 338; Sobernheim, inscr. N°. 41, in M. I. F.A.O., xxv.; Fagnan, Additions, s. v.); ṭabaḳāt al-ʿain “the successive skins of the eye” (Ḵh̲wārizmī, Mafātīḥ, p. 154). With reference to time, it means especially “generation” (the lexicographers give ḳarn


(653 words)

Author(s): Heffening
is defined by the jurists as a contract of sale ( baiʿ) in which the goods to be exchanged are of precious metal ( thaman). Ṣarf is primarily money-changing, but also includes any exchange of gold and silver. As the name shows — ṣarf is maṣdar of a verbum denominativum from ṣairaf or ṣarrāf — the business of money-changing is of Aramaic origin (cf. Fraenkel, Die aram. Fremdwörter im Arab., p. 182 sqq.; Lambert in the R. E. J., 1906, ii. 29). The expression ṣarf seems to have been first naturalised in Islām about the. end of the first century a. h. With this is connected the fact that Mālik b. Anas in the Mu…


(7,773 words)

Author(s): Heffening
or Ḥabs (a.) is properly an Arabic maṣdar meaning “to prevent, restrain”. In Muslim legal terminology it means primarily “to protect a thing, to prevent it from becoming the property of a third person ( tamlīk)” (Sarak̲h̲sī. Mabsūṭ, xii. 27). By it is meant I. state land, which on being conquered passed to the Muslim community either by force or by treaty and remained in possession of the previous owners on payment of the k̲h̲arād̲j̲ and could neither be sold nor pledged by them (cf. e. g. Mawardī, Aḥkām, ed. Enger, p. 237 sq.) and 2. commonly a pious endowment, which is defined in vari…


(4,871 words)

Author(s): Heffening
(a.), trade, commerce; maṣdar from tad̲j̲ara, “to trade”, which again is a denominal verb from tād̲j̲ir “a merchant”. Like many terms in Arab commercial language, tād̲j̲ir is an old Aramaic loanword (cf. e. g. Syr. and “merchant”, derived from the verb , which again comes from “price, reward”) which is found as early as the pre-Muḥammadan period. Apart from; the fact that the root t-d̲j̲-r has remarkably few derivatives in Arabic, the fact that the word tād̲j̲ir originally had the limited meaning of “wine-merchant” suggests its foreign origin. The earliest Aramaic merch…


(769 words)

Author(s): Heffening
(or S̲h̲arika; the former is according to al-Faiyūmī, Miṣbāḥ and the more usual form in the Turkish legal language). S̲h̲irka originally implied simply that a thing belonged to several ¶ persons in common in such a way that each one had ownership in every smallest part of it in proportion to the share allotted to him. This idea seems to be a general Semitic one. It is found similarly in the Talmudic , cf. L. Auerbach, Jüd. Obligationenrecht, § 45. Like this conception s̲h̲irka was also later transferred to the different forms of trading companies. The jurists therefore u…


(233 words)

Author(s): Heffening
, Abū Ḥātim Maḥmūd b. al-Ḥasan al-Ṭabarī, a S̲h̲āfiʿī jurist, teacher of al-S̲h̲īrāzī. He belonged to Āmul in Ṭabaristān where he began his studies. In Bag̲h̲dād he studied under Abū Ḥāmid al-Isfarāʾinī († 406), the law of inheritance under Ibn al-Labbān († 402) and the Uṣul under Ibn al-Bākillānī († 403). He taught in Bag̲h̲dād and Āmul in 440 (1048/49). Al-S̲h̲īrāzī describes him as his best teacher. Of his works the following are mentioned: 1) Kitāb Tad̲j̲rīd al-Tad̲j̲rīd, a synopsis of the legal work of the same name by al-Maḥāmilī († 415); 2) Rawnaḳ, a synopsis of the Lubāb al-Fiḳh of al…


(3,037 words)

Author(s): Heffening
(a.), temporary marriage (according to the Arab lexicographers “marriage of pleasure”), a marriage which is contracted for a fixed period on rewarding the woman. I. Before Islām. According to Ammianus Marcellinus, xiv. 4, 4, temporary marriage was in use among the Arabs already in the fourth century a. d.; but this can hardly be a reference to mutʿa as the woman brings a lance and tent to the man and can leave him if she likes after the period has elapsed. It is also doubtful if there is a distinct muʿta character in the marriage of Hās̲h̲im …


(1,109 words)

Author(s): Heffening
(a.), punishment, intended to prevent the culprit from relapsing, to reform him ( li ’l-taṭhīr).— The Ḳurʾān does not know this kind of punishment; on the contrary it classifies several transgressions afterwards punished with taʿzīr merely as sins, e. g. slander, for which there is no ḥadd punishment (Sūra iv. 112) and the bearing of false witness (Sūra ii. 283; iv. 134). Tradition has very little to record about it. According to one tradition of ʿAbd Allāh b. ʿOmar, in the time of the Prophet, those who bought provisions wholesale without …


(1,989 words)

Author(s): Heffening
(a.), “one who turns back”, especially from Islām, an apostate. Apostacy is called irtidād or ridda; it may be committed verbally by denying a principle of belief or by an action, for example treating a copy of the Ḳurʾān with disrespect. 1. In the Ḳurʾān the apostate is threatened with punishment in the next world only; the “wrath of God” will fall upon him according to a Sūra of the latest Meccan period (xvi. 108 sq.) and severe punishment ( ʿad̲h̲āb) “except he did it under compulsion and his heart is steadfast in belief”. Similarly it is written in the Medīna Sūra iii. 80 sqq.: “…This is the p…


(553 words)

Author(s): Heffening
, Abū Isḥāḳ Ibrāhīm b. ʿAlī b. Yūsuf al-Fīruzābādī, a S̲h̲āfiʿī jurist, born in Fīrūzābād in 393 (1003). To study Fiḳh he went to S̲h̲īrāz in 410, then to Baṣra and in S̲h̲awwāl 415 (Dec. 1024) reached Bag̲h̲dād, where he completed his studies in the Uṣul with Abū Hatim al-Ḳazwīnī (d. 440) and in the Furūʿ with Abu ’l-Ṭaiyib al-Ṭabarī (d. 450). In 430 (1038/1039) he began to teach in Bag̲h̲dād (Subkī, ¶ iii. 177); the fame of his learning soon became so great that students sat at his feet from all over the Muslim world. Many of his pupils held offices as Ḳāḍīs and p…
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