Ḥiyal
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Ḥiyal
''Ḥiyal'' (, singular ''ḥīla'' "contortion, contrivance; device, subterfuge") is "legalistic trickery" in Islamic jurisprudence. The main purpose of ''ḥiyal'' is to avoid straightforward observance of Islamic law in difficult situations while still obeying the letter of the law. An example of ''hiyal'' is the practice of "dual purchase" (') to avoid the prohibition of usury by making two contracts of purchase and re-purchase (at a higher price), similar to the modern futures contract. A special sub-field of ''ḥiyal'' is "oath-trickery" () dedicated to the formulation of ambiguous statements designed to be interpreted as an oath or promise while leaving open loopholes to avoid perjury. Views on its admissibility in Islam have varied by schools of Islamic jurisprudence ('' Madhhab''), by time period, and by type of ''ḥiyal''. A substantial literature on such tricks has developed in the Hanafi school of jurisprudence in particular. In history and Madhhab The earliest d ...
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Book Of Ingenious Devices
The ''Book of Ingenious Devices'' (, ) is a large illustrated work on mechanical devices, including automata, published in 850 by the three brothers of Persian descent, the Banū Mūsā brothers (Ahmad, Muhammad and Hasan ibn Musa ibn Shakir) working at the House of Wisdom (''Bayt al-Hikma'') in Baghdad, Iraq, under the Abbasid Caliphate. The book described about one hundred devices and how to use them. Overview The book was commissioned by the Abbasid Caliph of Baghdad, Al-Ma'mun (786–833), who instructed the Banū Mūsā brothers to acquire all of the Hellenistic texts that had been preserved by monasteries and by scholars during the decline and fall of Roman civilization. The Banū Mūsā brothers invented a number of automata (automatic machines) and mechanical devices, and they described a hundred such devices in their ''Book of Ingenious Devices''. Some of the devices described in the ''Book of Ingenious Devices'' were inspired by the works of Hero of Alexandria a ...
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Al-Ḫaṣṣāf
Abu Bakr al-Khassaf (,''Abu Bakr Al-Ḫaṣṣāf'' ) (died 874, full name ''Abu-Bakr Ahmad Ibn-Amru ash-Shaybani al-Khassaf'') was a Hanafite law scholar at the court of the 14th Abbasid Caliph al-Muhtadi. He is the author of a seminal work on '' Qādī'', known as . A commentary on the work was written by al-Jaṣṣās in the 10th century. An English translation was published by G. P. Verbit in 2008. Al-Ḫaṣṣāf is also the author of a'' Kitāb al-ḥiyal wa-l-maḫārij'', a work on legalistic trickery or '' ḥiyal'', and a ''kitāb aḥkām al-awqāf'', on religious institutions or ''waqf''. The earliest development of this field is the ''Kitāb al-maḫārij fī l-ḥiyal'' ("book of evasion and trickery") by Muhammad al-Shaybani (d. 805). A more comprehensive treatment is the ''Kitāb al-ḥiyal wa-l-maḫārij'' by Al-Khassaf.Schacht 1926, 218. Editions * al-Khaṣṣāf, Adab al-qāḍī, ed. Farḥāt Ziyāda (Cairo: American University in Cairo Press, 19 ...
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Sahih Al-Bukhari
() is the first hadith collection of the Six Books of Sunni Islam. Compiled by Islamic scholar al-Bukhari () in the format, the work is valued by Sunni Muslims, alongside , as the most authentic after the Qur'an. Al-Bukhari organized the book mostly in the Hijaz at the Sacred Mosque of Mecca and the Prophet's Mosque of Medina and completed the work in Bukhara around 846 (232 AH). The work was examined by his teachers Ahmad ibn Hanbal, Ali ibn al-Madini, Yahya ibn Ma'in and others. Content Sources differ on the exact number of hadiths in Sahih al-Bukhari, with definitions of hadith varying from a prophetic tradition or sunnah, or a narration of that tradition. Experts have estimated the number of full-'' isnad'' narrations in the Sahih at 7,563, with the number reducing to around 2,600 without considerations to repetitions or different versions of the same hadith. Bukhari chose these narrations from a collection of 600,000 narrations he had collected over 16 years. The ...
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Sharia Legal Terminology
Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intangible divine law; contrary to ''fiqh'', which refers to its interpretations by Ulama, Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside urf, customary law from the very beginning in Islamic history; has been elaborated and developed over the centuries by fatwa, legal opinions issued by mufti, qualified jurists – reflecting the tendencies of Schools of Fiqh, different schools – and integrated and with various economic, penal and administrative laws issued by Muslims, Muslim rulers; and implemented for centuries by Qadi, judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional Principles of Islamic jurisprudence, theory o ...
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