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Ḳabḍ

(86 words)

Author(s): Juynboll, Th. W.
(a.) means the legitimate taking possession of a thing, for example by inheritance or as the result of a contract. Ḳabḍ is usually discussed in the Muslim law-books in close connection with delivery by a contract of sale, for example in al-Bād̲j̲ūrī’s Ḥās̲h̲iya on Ibn Ḳāsim’s Fatḥ al-Ḳarīb, at the beginning of the chapter on Baiʿ (Būlāḳ edition 1307, i. 358); cf. E. Sachau, Muḥammed. Recht nach Schafiitischer Lehre, p. 283 sq.; Th. W. Juynboll, Handb. des islām. Gesetzes, p. 263. (Th. W. Juynboll)

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.

K̲h̲āl

(257 words)

Author(s): Juynboll, Th. W.
(a.), maternal uncle. The k̲h̲āl, although, according to the traditional patriarchal family law in Arabia, not actually considered a relative of his sister’s son, was in popular regard equal to the latter’s father and his father’s relatives. It usually took a good deal of effort to fight on the side of one’s paternal relatives against those of one’s mother, and to avenge the death of paternal relatives also on one’s k̲h̲āl’s. Special stress was generally laid on the noble blood of one’s k̲h̲āl’s because the sister’s children in particular were considered to inherit all noble …

Farḍ

(180 words)

Author(s): Juynboll, Th. W.
means that which is strictly prescribed and obligatory, the omission of which will be punished while the execution will be rewarded. According to the Ḥanafi school farḍ means that which is regarded as duty on the basis of cogent arguments; wād̲j̲ib (i.e. necessary) on the other hand is that which is considered a duty by the faḳīhs on grounds of probability only. According to the S̲h̲āfiʿīs and other Fiḳh-schools farḍ and wād̲j̲ib are synonyms. The law distinguishes farḍ al-ʿain, to which every one is bound and fard al-kifāya (or: ʿalal-kifāya), in which it is only demanded that a s…

ʿĀrīya

(128 words)

Author(s): Juynboll, Th. W.
(a.), gratuitous loan, (commodatum). In Muslim law this is defined as a contract by which a person relinquishes a thing belonging to him — the use or employment of which is permitted by law and does not immediately destroy the object in question — to another person for the latter’s use without demanding payment, but under the condition that the recipient should restore the object let after using it. (Th. W. Juynboll) Bibliography E. Sachau, Muhamm. Recht nach schafiitischer Lehre, p. 457—471 L. W. C. van den Berg, Principes du droit musulman selon les rites d’Abou Ḥanîfah el de Chafiʾî (Alger…

Iḳrār

(374 words)

Author(s): Juynboll, Th. W.
(a.), Confession. If the accused in the case before the ḳāḍī confesses that the prosecutor is right, no further proof is needed according to Muslim law. The judge can at once give his verdict. An iḳrār however can only be considered valid when it is made by a person of age in full possession of his faculties and without any pressure before the ḳāḍī. Measures to extort a confession are absolutely forbidden. Even an iḳrār made by some one perhaps from fear of a flogging is invalid. If the case concerns the law of property, the one who acknowledges the demand must be capable of independent action ( ras̲h…

Ad̲h̲ān

(886 words)

Author(s): Juynboll, Th. W.
(a.), „announcement“, a technical term for the call to the divine service of Friday and the five daily ṣalāts. According to Mussulman tradition, the Prophet, soon after his arrival at Medina (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 blown or a 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 use…

ʿIwaḍ

(39 words)

Author(s): Juynboll, Th. W.
(a.) means in Muslim law all that must be given or done as a guarantee of the fulfilment of what the other party is pledged to, in a contract or sale or other agreement. (Th. W. Juynboll)

G̲h̲aṣb

(97 words)

Author(s): Juynboll, Th. W.
i.e. usurpation. By this term the law in general understands the illegal taking possession and illegitimate exercise of the rights of another (e. g. when some one rides on a horse without the owner’s permission). The purloining of a thing in secret is not called g̲h̲aṣb but sariḳa (theft). In learned discussions ( ādāb al-baḥt̲h̲) g̲h̲aṣb, means to seize suddenly upon some one’s words and contest his opinion without giving him time to explain himself fully. (Th. W. Juynboll) Bibliography Ḏj̲urd̲j̲ānī, Taʿrīfāt (ed. Flügel), p. 108 E. Sachau, Muhamm. Recht nach Schafiitischer Lehre, p. …

Istiṣḥāb

(240 words)

Author(s): Juynboll, Th. W.
(a.), i. e., the seeking for a link (i. e., to something which is known and certain). This is the name of a process of settling fiḳh rules by argument, which was especially used in the S̲h̲āfiʿī school and with certain limitations among the Ḥanafīs also. This seeking for a link means the endeavour to link up a later set of circumstances with an earlier, and is based on the assumption that the fiḳh rules applicable to certain conditions remain valid so long as it not certain that these conditions have altered. If for example on account of the long absence of some one …

K̲h̲arād̲j̲

(567 words)

Author(s): Juynboll, Th. W.
(a). The word k̲h̲arād̲j̲, borrowed by the Arabs from the administrative language of the Byzantines — Greek probably: χορηγία; see P. Schwarz, Die Herkunft von arabisch ḫarāǧ, ( Grund-) steuer, in Der Islam, 1916, vi. 97 sqq. — originally meant the tribute in a general sense (just as did d̲j̲izya) to which unbelievers in Muslim lands were liable. In the later Fiḳh-works the word k̲h̲arād̲j̲ sometimes still has this general meaning (see e. g. Fatḥ al-Ḳarīb, ed. van den Berg, p. 620). But by the first century a. h. k̲h̲arād̲j̲ — probably because it was taken to be an original Arabic w…

Ibn Ḳāsim

(264 words)

Author(s): Juynboll, Th. W.
, Abū ʿAbd Allāh ʿAbd al-Raḥmān b. al-Ḳāsim al-ʿUtaḳī, was the Imām Mālik’s most prominent pupil. He studied under him for 20 years and after Mālik’s death was regarded as the greatest Mālikī teacher. Through him Mālikī teaching was disseminated in the Mag̲h̲rib, where it is still predominant. He died in Cairo in 191 (806). One of the chief works of the Mālikīs, the socalled Mudawwana is usually ascribed to Ibn al-Ḳāsim. It was originally put together by Asad b. al-Furāt and consists of the answers of Ibn al-Ḳāsim to Asad’s questions on the doctrine of Mālik …

Abū Ḥanīfa

(996 words)

Author(s): Juynboll, Th. W.
, a Mussulman jurist, the founder of the Ḥanafite school which is named after him. He was probably born in the year 80 (699) and died in the year 150 (767) at the age of 70. His grandfather Zūṭā was brought to Kūfa from Persia as a slave by the Muḥammedan conquerors and received his freedom in that town, thus becoming the client ( Mawlā) of the Arabian tribe of Taim-Allāh, to which his liberator belonged. T̲h̲ābit, the father of Abū Ḥanīfa, was born a member of this tribe. He probably belonged to the ʿAlide party, for it is expressly stated (e. g. Nawawī, ed…

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 …

Ḏj̲anāba

(195 words)

Author(s): Juynboll, Th. W.
is the so-called “major” ritual impurity. One who is in this unclean state is called d̲j̲unub and can only become “clean” again by a so-called major ritual ablution ( g̲h̲usl). On the other hand the law only prescribes for a Muslim in a state of so-called “minor” impurity a wuḍūʾ (minor ritual ablution). The distinction is based on the different beginnings of verses 8 and 9 of Sūra V. of the Ḳorʾān. Ḏj̲anāba is the unclean condition described in the ninth verse: “When ye have had marital intercourse with your wives, purify yourselves”. The law…

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…

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…

ʿAbd

(3,587 words)

Author(s): Juynboll, Th. W.
(a.), slave, servant. a. Islām and slavery in general. It is known that Islām has kept up the ancient Arabic institution of slavery, the legality of which the old Biblical world admitted. The Mussulman’s religion, allows him to appropriate to his own use the infidels of any country, which is neither subject to nor allied with the Islamic empire, and the slave-trade has for long been an important business for the Mussulman countries. A male slave is generally called in Arabic ʿAbd (plur. ʿabīd) or mamlūk, a female slave ama or d̲j̲āriya. Prisoners of war, including women and children, t…

Fask̲h̲

(401 words)

Author(s): Juynboll, Th. W.
means in general the annulling of a contract, e. g. of sale on the ground of hidden defects which the buyer discovers in the article, after he has bought it, or of a political treaty which is declared void by one or both parties. In the first case one speaks of fask̲h̲, in the second of mufāsak̲h̲a. Cf. Ibn Faḍl Allāh al-ʿOmarī, al-Taʾrīf bi ’l-Muṣṭalaḥ al-S̲h̲arīf, p. 170 et seq. A marriage contract in particular can be declared null and void, if after the completion of the ceremony it transpires that one or other of the parties does not fulfil certain conditions. Legal grounds for fask̲h̲. in the…
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