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Farāʾiḍ

(330 words)

Author(s): Juynboll, Th.W.
(a.), plural of farīḍa [see farḍ ], literally “appointed or obligatory portions”, is the technical term for the fixed shares in an estate (½, ¼, ⅓, ⅛, ⅔ and 1/16) which are given to certain heirs, who are called d̲h̲awu ’l-farāʾiḍ or aṣḥāb al-farāʾiḍ , on the basis of Ḳurʾān, IV, 11-2 and 176. These Ḳurʾānic enactments aim at modifying a system of purely agnatic succession, under which only men can inherit, in favour of the nearest female relatives (including half-brothers on the mother’s side), the spouse, and also the father (who is protected against ¶ being excluded by existing male de…

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…

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 …

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…

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…

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

Kafāla

(175 words)

Author(s): Juynboll, Th. W.
(a.), the pledge given by any one (the kafīl) to a creditor (the makfūl lahu) to secure that the debtor (the makfūl bihi) will be present at a definite place e. g. to pay his debt ¶ or fine or, in case of retaliation, to undergo punishment. If the makfūl bihi is not there at the time arranged, the guarantor can be kept prisoner till the debtor comes or until it is proved that he cannot come (e. g. because he is dead). As to the question whether the guarantor is bound to pay for the makfūl bihi or to suffer his punishment, the opinions of the different mad̲h̲hab’s vary. According to the S̲h̲āfiʿī schoo…

G̲h̲anīma

(522 words)

Author(s): Juynboll, Th. W.
, spoils of war. By g̲h̲anīma Muslim scholars mean the weapons, horses and. all other movable possessions taken in battle from conquered unbelievers (cf. faiʾ ii. 38b et seq.). Four-fifths of the booty were to be divided among the troops, who were present at the battle whether they actually fought in it or not. Horsemen could claim a share three times as large (according to Abū Ḥanīfa’s view only twice) as that of a foot-soldier; one who had slain an enemy in battle also received his equipment ( Salab). The remaining fifth belongs to Allāh: “Know that a fifth of what ye have won bel…

Daʿwā

(751 words)

Author(s): Juynboll, Th. W.
, means accusation or arraignment in civil and criminal law. It should be noted that according to Muḥammadan law, prosecution is still partly a private affair in as much as the aggrieved person himself or his heir (and not the authorities) has the right either to inflict punishment himself on the guilty individual or to demand his punishment. The law however distinguishes between laws made by man ( ḥaḳḳ ādamī) and divine laws ( ḥaḳḳ Allāh). There is for example a human claim for justice when anyone ¶ has to demand the blood-money ( diya) in atonement for a murder or the price of a thing …

G̲h̲usl

(126 words)

Author(s): Juynboll, Th. W.
is the so-called “major” ritual ablution, which the law ordains for a d̲j̲unub, i. e. a man who is in a state of major ritual impurity (cf. the article d̲j̲anāba, i. 1013a). The g̲h̲usl consists in washing the whole body. The formulation previously of the niya (intention) is indispensable for this and the believer has to be careful that not only is every impurity removed from his body but also that the water moistens every part of his body and his hair. (Th. W. Juynboll) Bibliography The chapter on purity ( ṭahāra) in the collections on Tradition and the Fiḳh books R. Strotbmann, Kultus der Zaidi…

Ḳāḍī

(1,346 words)

Author(s): Juynboll, Th. W.
(a.) is the judge, who, according to the theory of Muslim law, has to decide all cases involving questions of civil and criminal law. In practice, however, there has been from quite an early period throughout the Muslim east a twofold method of administration of law, usually distinguished one from the other, with a certain amount of correctness, as “religious” and “secular”. Only such questions as are popularly felt to be closely connected with religion (e. g. disputes on points of family law or…

Istiḥsān

(171 words)

Author(s): Juynboll, Th. W.
(a.), i. e., to consider something ḥasan (i. e good). This is the name given to a method of argument used in the Ḥanafī school to settle fiḳh rules in conformity with the requirements of every day life, equity or social conditions. The object of istiḥsān is much the same as that of istiṣlāḥ (i. e., to think that something is ṣāliḥ, i. e., in the general interest or most appropriate) applied in the Mālikī school. According to both methods, the results of ḳiyas (i. e. analogy) were often simply disregarded, when it was considered necessary or simply desirable to depart from the …

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…

Id̲j̲āb

(184 words)

Author(s): Juynboll, Th. W.
(a.) i. e. offer (in contracts), really the solemn declaration that the offer is irrevocable (cf. the Arabic expression ḳad wad̲j̲aba al-baiʿ i. e. the contract of sale is binding and ¶ irrevocable). In all legal transactions the observation of the prescribed legal form is most necessary and the mutual declarations, known in the fiḳh books as īd̲j̲āb and ḳabūl (i. e. offer and acceptance) are as a rule indispensable. Nevertheless in detailed books on law the question is discussed how far contracts are legal without such an īd̲j̲āb or ḳabūl. For example, in cases where it is the local…

Iḳāma

(369 words)

Author(s): Juynboll, Th. W.
(a.) is the second call to the ṣalāt which is pronounced by the muʾad̲h̲d̲h̲in in the mosque before each of the five prescribed daily ṣalāt’s as well as before the ṣalāt at the Friday service. This second call gives the moment at which the ṣalāt begins. The formulae of the iḳāma are the same as those of the ad̲h̲ān [q. v.]. According ¶ to the Ḥanafīs, they are repeated as often as in the ad̲h̲ān; according to the other Fiḳh 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 th…

Ibn Suraid̲j̲

(152 words)

Author(s): Juynboll, Th. W.
, Abu ’l-ʿAbbās Aḥmad b. ʿUmar b. Suraid̲j̲, was, according to the Arab biographers, one of the greatest S̲h̲āfiʿī teachers of the third century. Many celebrated S̲h̲āfiʿīs were his pupils, and he attained such repute that he was considered by many to be superior to all other S̲h̲āfiʿī students, even al-Muzanī. He was ḳāḍī in S̲h̲īrāz and wrote treatises refuting the Ẓāhirīs, etc. The number of his works is placed at 400, but none of them now exists. Only a few of the titles of his works are known. He died at the age of 57 in Bag̲h̲dād in 306 = 918. (Th. W. Juynboll) Bibliography Ibn Ḵh̲allikān, Wafay…

Ars̲h̲

(91 words)

Author(s): Juynboll, Th. W.
(a.) denotes in the Muslim Books of Law the compensation to be paid for wounds or injuries; its amount is accurately determined for any given case. If the injuries be of such a nature as to leave retaliation possible, often the full blood-money for murder ( Diya) must be paid, in other cases only a fixed part of it. Cf. diya und ḥukūma. (Th. W. Juynboll) Bibliography The chapter on “Bloodmoney and compensations for injuries inflicted” in the Books of Fiḳh E. Sachau, Muhamm. Recht nach schafiitischcr Lehre, pp. 788, 792.

Istind̲j̲āʾ

(97 words)

Author(s): Juynboll, Th. W.
(a.) means a purification fully described in the Fiḳh books in the chapter on ritual purity. It is a religious duty (according to Abū Ḥanīfa, however, only a recommended action) for every Muslim who has attended to the call of nature. A Muslim is in general allowed to delay this purification until he is about to perform the ṣalāt, or has to be in a state of ritual purity for some other reason. (Th. W. Juynboll) Bibliography al-Dimas̲h̲ḳī, Raḥmat al-Umma fi ’Ḵh̲tilāf al-Aʾimma (Būlāḳ 1300), p. 7 A. J. Wensinck in Der Islam, i. 101 sq.

Ibn al-Ḳāsim al-G̲h̲azzī

(103 words)

Author(s): Juynboll, Th. W.
, S̲h̲ams al-Dīn Abū ʿAbd Allāh Muḥammad, a S̲h̲āfiʿī scholar, who wrote glosses on the celebrated ʿAḳāʾid of al-Nasafī (Ḥād̲j̲d̲j̲ī Ḵh̲alīfa, iv. 222), which are no longer extant, and a commentary, still very popular, on the little manual of Muslim law by Abū S̲h̲ud̲j̲āʿ, which has been often printed in the east and also publ. and transl. by L. W. C. van den Berg ( Fatḥ al-Qarîb, Commentaire sur le précis de jurisprudence musulmane d’Abou Chodjâʿ par Ibn Qâsim al-Ghazzî, Leide 1894); cf. E. Sachau, Muhammedanisches Recht nach schafiitischer Lehre, Berlin 1897. He died in 918 (1512). (Th. W…
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