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ʿAd̲hāb

(133 words)

Author(s): Juynboll, Th.W.
(a.), “torment, suffering, affliction”, inflicted by God or a human ruler, and in so far as it expresses not only absolute power but also love of justice, also “punishment, chastisement ( ʿuḳūba )”. The divine judgments, which are often mentioned in the Ḳurʾān, strike the individual as well as whole nations in the life of this world as well as in the life to come. It is mainly unbelief, doubt of the divine mission of the prophets and apostles, rebellion against God, that are punished in this manner [see ʿād , firʿawn , lūṭ , nūḥ , t̲h̲amūd , and others]. With regard to …

Farḍ

(221 words)

Author(s): Juynboll, Th.W.
(a.), also farīḍa , literally “something which has been apportioned, or made obligatory”, and as a technical term, a religious duty or obligation, the omission of which will be punished and the performance of which will be rewarded. It is one of the so-called al-aḥkām al-k̲h̲amsa , the “five qualifications” by which every act of man is qualified in religious law [see aḥkām ]. A synonym is wād̲j̲ib . The Ḥanafī school makes a distinction between farḍ and wād̲j̲ib, applying the first term to those religious duties which are explicitly mentioned in the proof texts (Ḳurʾān and sunna

Bād̲j̲ūrī

(309 words)

Author(s): Juynboll, Th.W.
(or bayd̲j̲ūrī ), ibrāhīm b. muḥāmmad , a S̲h̲āfiʿī scholar and author. Born in 1198/1783 in Bād̲j̲ūr, a village in the Manūfiyya province of Egypt (ʿAlī Pas̲h̲a Mubārak, al-Ḵh̲iṭaṭ al-Ḏj̲adīda , Būlāḳ 1306, ix, 2), he studied at al-Azhar, became a very successful teacher there, Rector ( s̲h̲ayk̲h̲ al-Azhar ) in 1263/1846, and died in 1276/1860. The most popular items in his very extensive but wholly derivative literary production are: (1) a Risāla fī ʿIlm al-Tawḥīd ; (2) al-Mawāhib al-Laduniyya a commentary on the K. al-S̲h̲amāʾil of al-Tirmid̲h̲ī; (3) a g…

D̲j̲anāba

(177 words)

Author(s): Juynboll, Th.W.
, the state of so-called major ritual impurity. It is caused by marital intercourse, to which the religious law assimilates any effusio seminis. One who is in This state is called d̲j̲unub , and can only become ritually clean again by the so-called major ritual ablution ( g̲h̲usl [ q.v.]) or by the tayammum [ q.v.]. On the other hand, the law prescribes for a Muslim in the state of so-called minor impurity the minor ritual ablution ( wuḍūʾ [ q.v.]). The distinction is based on the wording of Ḳurʾān, V, 6. The d̲j̲unub cannot perform a valid ṣalāt he may not make a ṭawāf round…

Iḳāma

(384 words)

Author(s): Juynboll, Th.W.
(a.), the second call to the ṣalāt which is pronounced by the muʾad̲h̲d̲h̲in in the mosque before each of the five prescribed daily ṣalāts as well as before the ṣalāt at the Friday service. This second call is given at the moment at which the ṣalāt begins. The formulae of the iḳāma are the same as those of the ad̲h̲ān . According to the Ḥanafīs, they are repeated as often as in the ad̲h̲ān; according to the other schools, they are pronounced only once with the exception of the words “God is great”, which are repeated twice at the beginning as well as at the end of the iḳāma. Moreover, after the formul…

Akdariyya

(436 words)

Author(s): Juynboll, Th.W.
is the name of a well-known difficult law-question about inheritance which belongs to the masāʾil mulaḳḳaba (i.e. questions “called by special names”). When a woman leaves behind as her heirs: 1. her husband, 2. her mother, 3. her grandfather, and 4. her sister (whether she be her s̲h̲aḳiḳa , i.e. her full sister, or her uk̲h̲t li ’l-ab, i.e. her half-sister on the father’s side), then her husband gets ½, the mother ⅓ (cf. Ḳurʾan, iv, 12-13), so that there would only remain 1/6 of the inheritance for the grandfather and the sister. The latter two are …

Ad̲hān

(1,030 words)

Author(s): Juynboll, Th.W.
, “announcement”, a technical term for the call to the divine service of Friday and the five daily ṣalāts [see ṣalāt ]. According to Muslim tradition, the Prophet, soon after his arrival at Madīna (1 or 2 years after the ¶ Hid̲j̲ra), deliberated with his companions on the best manner of announcing to the faithful the hour of prayer. Some proposed that every time a fire should be kindled, a horn should be belown or nāḳūs (i.e. a long piece of wood clapped with another piece of wood; with such a nāḳūs the Christians in the East used at that time to announce the hour of prayer) should be…

Iḥyāʾ

(162 words)

Author(s): Juynboll, Th. W.
(a.) “bringing waste land into cultivation”. The Muslim Fiḳh-books in the section on legal transactions have a chapter on iḥyāʾ al-mawāt, literally, making the dead (soil) alive. Land which is not being used is called mawāt. Every Muslim who cultivates neglected land for himself becomes the proprietor if it does not belong to another Muslim. According to most faḳīh’s express permission from the authorities is not necessary. The imām Abū Ḥanīfa however considers it illegal to cultivate a mawāt without permission from the authorities. (Th. W. Juynboll) Bibliography Abū Yūsuf, Kitāb al-…

Faiʾ

(934 words)

Author(s): Juynboll, Th. W.
By this word Muslim scholars in general understand all things which may be taken from the unbelievers “without fighting” and further very often the lands in conquered territories. The name faiʾ is explained from the peculiar expression in the Ḳorʾān, lix, verses 6 and 7. “What God has allowed to return to his apostle” ( mā afāʾa ’llāhu ʿalā rasūlihi). The possessions of the unbelievers which are “returned” to the Muslims form the faiʾ. Verses lix, 6, 8 and 10 of the Ḳorʾān were revealed, according to Muslim tradition, when Muḥammad had resolved not to divide the field…

Istins̲h̲āḳ

(70 words)

Author(s): Juynboll, Th. W.
(a.), the inhaling of water through the nose, is considered by most faḳīhs as a sunna (i. e. a commendable act, according to Aḥmad b. Ḥanbal however, a religious duty) both at the g̲h̲usl [q. v.] and the wuḍūʾ (i. e. the major and minor ritual purification). (Th. W. Juynboll) Bibliography al-Dimas̲h̲ḳī, Raḥmat al-Umma ’Ḵh̲tilāf al-Aʾimma (Būlāḳ 1300), p. 8 al-Ḵh̲wārizmī, Mafātīḥ al-ʿUlūm (ed. van Vloten), p. 10, 6.

Salaf

(197 words)

Author(s): Juynboll, Th. W.
(a.) or Salam (a.). is regarded by law as a permissible purchase ( baiʿ). The purchaser in this case has to pay the purchase money in advance while the seller, on the other hand, is only required to deliver the article purchased after the expiry of a definite period. That which is sold must be a thing which can be replaced, not simply mentioned by kind but accurately described in the contract. The place where delivery is to be made must also be exactly defined. According to the S̲h̲āfiʿī school it is not nec…

Ḥadīt̲h̲

(5,412 words)

Author(s): Juynboll, Th. W.
(a.) Tradition. The word ḥadīt̲h̲ means primarily a communication or narrative in general whether religious or profane, then it has the particular meaning of a record of actions or sayings of the Prophet and his companions. In the latter sense the whole body of the sacred Tradition of the Muḥammadans is called “the Ḥadīt̲h̲.” and its science ʿIlm al-Ḥadīt̲h̲. I. Subject-matter and Character of Ḥadīt̲h̲. Even among the heathen Arabs (see I. Goldziher, Muhamm. Stud. i. 41, note 8) it was considered a virtue to follow tbe “ sunna” of one’s forefathers ( sunna is properly the way one is acc…

ʿAḳīḳa

(493 words)

Author(s): Juynboll, Th. W.
(a.) is the name of the sacrifice on the seventh day after the birth of a child. According to religious law it is recommendable ( mustaḥabb or sunna) on that day to give a name to the new-born child, to shave off its hair and to kill a victim (for a boy two rams or two hegoats; for a girl one of these suffices). If the offering of the ʿaḳīḳa has been neglected on the seventh day, it can be done afterwards, even by the child itself when it has come of age. The greater part of the flesh of the sacrifice is distributed amongst the poor and indigent. Some of the older scholars (amongst other Dāwūd al-Ẓāhir…

ʿĀḳila

(751 words)

Author(s): Juynboll, Th. W.
(a.) is the name of a man’s male relatives who according to the precept of the religious law have to pay the penalty (the ʿaḳl) for him, when unintentionally he has caused the death of a Moslem. This decree was based on a verdict of the Prophet. One day in a quarrel between two women of the Hud̲h̲ail tribe one of them, who was with child, was killed by the other with a stone, which hit her in the womb. When, soon after, the other woman also died, the Prophet decided, that her kin ( ʿāḳila, or, according to a different reading, her ʿaṣaba, i. e. agnates), in accordance with an old custom, had to p…

Amān

(189 words)

Author(s): Juynboll, Th. W.
(a.), security, protection, inviolability. Infidels in the dominions of Islām have a legal claim to the protection of the Muslim authorities, if they are either recognized as Ḏh̲immī [q. v.] or if a Muslim has granted them the amān, According to the religious law every Muslim, not only freemen but even slaves and women, is entitled to offer security to an infidel. The Prophet has said: “All Muslims are bound to protect an infidel if security has been expressly guaranteed to him (though it were b…

Ibn Nud̲j̲aim

(133 words)

Author(s): Juynboll, Th. W.
, Zaīn al-ʿĀbidīn b. Ibrāhīm b. Nud̲j̲aim al-Miṣrī, w a s one of the distinguished scholars of the Ḥanafī school in the xth (xvith century), whose writings on Islāmic law are well known and popular in the east. He died in 970 (1562). Of his works we may mention the principal ones: 1. Al-As̲h̲bāh wa ’l-Naẓāʾir al-fiḳhīya ʿalā Mad̲h̲hab al-Ḥanafīya, printed at Calcutta in 1826; 2. al-Badr al-rāʾiḳ, a commentary on al-Nasafī’s well known fiḳh book Kanz al-Daḳāʾiḳ, printed at Cairo in 1311 (1893) 8 vols.; 3. Al-Fatāwī al-Zainīya fī Fiḳh al-Ḥanafīya, a collection of fatwā’s collected after his…

Ḍamān

(142 words)

Author(s): Juynboll, Th. W.
“security, bail”, is an agreement by which a man pledges himself to the creditor ( al-maḍmūn lahu) to pay the debts of a third person ( al-maḍmūn ʿanḥu) if the latter does not do so. The guarantor ( ḍāmin or ḍamīn) can only demand compensation from the debtor when he pays his debts if he becomes security for him with the latter’s consent; otherwise he is considered a guarantor “for the sake of God”. The latter is the case amongst others when a man becomes security for the debts of a dead Muslim. — Ḍamān in the books on Fiḳh further means responsibility for things, the loss of or damage to whi…

Bād̲j̲ūrī

(457 words)

Author(s): Juynboll, Th. W.
(or Baid̲j̲ūrī, Ibrāhīm ibn Muḥammad), born in the year 1198 (1783) in Bād̲j̲ūr, a village 12 hours journey from Cairo, devoted himself after 1212 (1797) to study at the Azharmosque. After retiring to al-Ḏj̲īze during the French occupation he resumed his studies in Cairo in 1216 (1801). Soon afterwards he began to give lectures in the Azhar and the fame of his learning became so great that hundreds of students used to attend his lectures. He “was undoubtedly the most learned of all the teachers then in the Azhar” says one of his pupils (the S̲h̲ēk̲h̲ al-Ṭanṭāwī in his autobiography: Zeitschr. …

Kaffāra

(215 words)

Author(s): Juynboll, Th. W.
(a.), atonement, expiation, literally, what “covers” the sin. The kaffāra has usually to consist in releasing a Muslim slave or — for those who are not sufficiently well off — in a three days’ (and in some cases even two months’) fast or as a substitute — for those who are not able to fast — in bestowing food or clothes on a definite number of poor people (from 10 to 60). In some cases the Ḳurʾān has already prescribed a definite kaffāra for the sinner, e. g. Ḳurʾān iv. 94, after killing by accident or by design, Ḳurʾān v., 91, to avert the evil consequence of breaking an oath, Ḳurʾān lviii. 4 sq., if a ma…

ʿAḳīl

(126 words)

Author(s): Juynboll, Th. W.
(a.) = “in the full possession of one’s mental faculties”, in the Moslem law-books often combined with the adjective bālig̲h̲, i. e. “grown up”, “of age”. Such a person is capable of acting with a purpose in view and deliberately. That is why the jurisconsults briefly describe the ʿāḳil-bālig̲h̲ as mukallaf, i. e. “some one who is obliged to fulfill the precepts of the law”, to whom the commandments and prohibitions of the religious law refer in general. (Th. W. Juynboll) Amongst the Druses and a few other sects the name ʿāḳil (plur. ʿuḳḳāl) is used to denote some one, who is an adept i…
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