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Islamic Jurisprudence
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith). The first Muslims (the Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations ('' Tabi'un'' and '' Tabi' al-Tabi'in'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west, Hoyland, ''In God's Path'', 2015: p.223 where it was systematized and elaborated Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513 The history of Islamic jurisprudence is "customarily divided into eight periods": El-Gamal, ''Islamic Finance'', 2006: pp. 30–31 *the first period ending with the death of Muhammad in 11 AH. *second period "characterized by personal interpret ...
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Ijtihad
''Ijtihad'' ( ; ar, اجتهاد ', ; lit. physical or mental ''effort'') is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with '' taqlid'' (imitation, conformity to legal precedent). According to classical Sunni theory, ''ijtihad'' requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence ('' usul al-fiqh''), and is not employed where authentic and authoritative texts (Qur'an and Hadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (''ijma''). ''Ijtihad'' is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ''ijtihad'' is called as a "'' mujtahid''". Throughout the first five Islamic centuries, the practice of ''ijtihad'' continued both theoretically and practi ...
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Mujtahid
''Ijtihad'' ( ; ar, اجتهاد ', ; lit. physical or mental ''effort'') is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with '' taqlid'' (imitation, conformity to legal precedent). According to classical Sunni theory, ''ijtihad'' requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence ('' usul al-fiqh''), and is not employed where authentic and authoritative texts (Qur'an and Hadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (''ijma''). ''Ijtihad'' is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ''ijtihad'' is called as a "'' mujtahid''". Throughout the first five Islamic centuries, the practice of ''ijtihad'' continued both theoretically and practi ...
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Collins English Dictionary
The ''Collins English Dictionary'' is a printed and online dictionary of English. It is published by HarperCollins in Glasgow. The edition of the dictionary in 1979 with Patrick Hanks as editor and Laurence Urdang as editorial director, was the first British English dictionary to be typeset from the output from a computer database in a specified format. This meant that every aspect of an entry was handled by a different editor using different forms or templates. Once all the entries for an entry had been assembled, they were passed on to be keyed into the slowly assembled dictionary database which was completed for the typesetting of the first edition. In a later edition, they increasingly used the Bank of English established by John Sinclair at COBUILD to provide typical citations rather than examples composed by the lexicographer. Editions The current edition is the 13th edition, which was published in November 2018. The previous edition was the 12th edition, which wa ...
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Ibn Khaldun
Ibn Khaldun (; ar, أبو زيد عبد الرحمن بن محمد بن خلدون الحضرمي, ; 27 May 1332 – 17 March 1406, 732-808 AH) was an Arab The Historical Muhammad', Irving M. Zeitlin, (Polity Press, 2007), p. 21; "It is, of course, Ibn Khaldun as an Arab here speaking, for he claims Arab descent through the male line.". The Arab World: Society, Culture, and State', Halim Barakat (University of California Press, 1993), p. 48;"The renowned Arab sociologist-historian Ibn Khaldun first interpreted Arab history in terms of badu versus hadar conflicts and struggles for power." Ibn Khaldun', M. Talbi, ''The Encyclopaedia of Islam'', Vol. III, ed. B. Lewis, V.L. Menage, C. Pellat, J. Schacht, (Brill, 1986), 825; "Ibn Khaldun was born in Tunis, on I Ramadan 732/27 May 1332, in an Arab family which came originally from the Hadramawt and had been settled at Seville since the beginning of the Muslim conquest...." Ibn Khaldun's Philosophy of History: A Study in the Philos ...
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Abd El-Razzak El-Sanhuri
Abd el-Razzak el-Sanhuri or ‘Abd al-Razzāq al-Sanhūrī ( ar, عبد الرزاق السنهوري) (11 August 1895 – 21 July 1971) was an Egyptian jurist, law professor, judge and politician. He is best remembered as the primary author of the revised Egyptian Civil Code of 1948. Al-Sanhūrī's multi-volume masterwork, ''Al-Wasīṭ fī sharḥ al-qānūn al-madanī al-jadīd'', a comprehensive commentary on the Egyptian Civil Code of 1948 and on civil law more generally, published during 1952-1970, remains in print and is highly regarded in legal and juristic professions throughout the Arab world. Al-Sanhūrī was Minister of Education in the Cabinet of Mahmoud El Nokrashy Pasha from 1945-1946 and again from late 1946 to 1948. He was subsequently appointed as President of the Egyptian Council of State. Al-Sanhūrī's tenure as President of the Council of State lasted until 1954, when he was dismissed by coercion. He has been described as "a personality of unique embroidery, ...
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Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediterranean Sea to the north, the Gaza Strip of Palestine and Israel to the northeast, the Red Sea to the east, Sudan to the south, and Libya to the west. The Gulf of Aqaba in the northeast separates Egypt from Jordan and Saudi Arabia. Cairo is the capital and largest city of Egypt, while Alexandria, the second-largest city, is an important industrial and tourist hub at the Mediterranean coast. At approximately 100 million inhabitants, Egypt is the 14th-most populated country in the world. Egypt has one of the longest histories of any country, tracing its heritage along the Nile Delta back to the 6th–4th millennia BCE. Considered a cradle of civilisation, Ancient Egypt saw some of the earliest developments of writing, agriculture ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ...
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John Roberts
John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' National Federation of Independent Business v. Sebelius,'' ''Shelby County v. Holder'', and ''Riley v. California''. He has been described as having a conservative judicial philosophy but, above all, is an institutionalist. He has shown a willingness to work with the Supreme Court's liberal bloc, and after the retirement of Anthony Kennedy in 2018, he has been regarded as the primary swing vote on the Court. However, Roberts is no longer regarded as the Court's median vote following the replacement of Ruth Bader Ginsburg by Amy Coney Barrett in 2020. Roberts grew up in northwestern Indiana and was educated in a series of Catholic schools. He studied history at Harvard University and then attended Harvard Law School, where he was managing ...
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Modern Standard Arabic
Modern Standard Arabic (MSA) or Modern Written Arabic (MWA), terms used mostly by linguists, is the variety of standardized, literary Arabic that developed in the Arab world in the late 19th and early 20th centuries; occasionally, it also refers to spoken Arabic that approximates this written standard. MSA is the language used in literature, academia, print and mass media, law and legislation, though it is generally not spoken as a first language, similar to Contemporary Latin. It is a pluricentric standard language taught throughout the Arab world in formal education, differing significantly from many vernacular varieties of Arabic that are commonly spoken as mother tongues in the area; these are only partially mutually intelligible with both MSA and with each other depending on their proximity in the Arabic dialect continuum. Many linguists consider MSA to be distinct from Classical Arabic (CA; ) – the written language prior to the mid-19th century – although there ...
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Mubah
''Mubāḥ'' (Arabic: مباح) is an Arabic word meaning "permitted", which has technical uses in Islamic law. In uṣūl al-fiqh (''principles of Islamic jurisprudence''), ''mubāḥ'' is one of the five degrees of approval ( ahkam): # () - compulsory, obligatory # () - recommended # () - neutral, not involving God's judgment # () - disliked, reprehensible # () - forbidden Mubah is commonly translated as "neutral", "indifferent" or "(merely) permitted". It refers to an action that is not mandatory, recommended, reprehensible or forbidden, and thus involves no judgement from God. Assigning acts to this legal category reflects a deliberate choice rather than an oversight on the part of jurists. In Islamic property law, the term ''mubāḥ'' refers to things which have no owner. It is similar to the concept ''res nullius ''Res nullius'' is a doctrine.Johnston. The International Law of Fisheries. 1987p 309 The expression "res nullius" (lit: ''nobody's thing'') is a ...
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