|
Blood Money In Islam
''Diya'' (; : ''diyāt'', ) in Islamic law, is the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage by mistake. It is an alternative punishment to ''qisas'' (equal retaliation). In Arabic, the word means both blood money and ransom, and it is spelled sometimes as ''diyah'' or ''diyeh''. It only applies when murder is committed by mistake and secondly victim's family has the free consent to compromise with the guilty party; otherwise ''qisas'' applies. ''Diya'' compensation rates have historically varied based on the gender and religion of the victim.Anver M. Emon (2012), ''Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law'', Oxford University Press, , pp. 234-235 In the modern era, diya plays a role in the legal system of Iran, Pakistan, Saudi Arabia and the United Arab Emirates. In Iran, the diya for recognized religious minorities ( Zoroastrians, Jews, and Christians, with the exc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharia
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Settlement (litigation)
In law, a settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. A collective settlement is a settlement of multiple similar legal cases. The term also has other meanings in the context of law. Structured settlements provide for future periodic payments, instead of a one time cash payment. Basis A settlement, as well as dealing with the dispute between the parties is a contract between those parties, and is one possible (and common) result when parties sue (or contemplate so doing) each other in civil proceedings. The plaintiffs and defendants identified in the lawsuit can end the dispute between themselves without a trial. The contract is based upon the bargain that a party forgoes its ability to sue (if it has not sued already), or to continue with the claim (if the plaintiff has sued), in return for the certainty written into the settlement. The courts will enforce the settlement. If it is breached, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Companions Of The Prophet
The Companions of the Prophet () were the Muslim disciples and followers of the Islamic prophet Muhammad who saw or met him during his lifetime. The companions played a major role in Muslim battles, society, hadith narration, and governance during and after the life of Muhammad. The era of the companions began following the death of Muhammad in 632 CE, and ended in 110 AH (728 CE) when the last companion Abu al-Tufayl died. Later Islamic scholars accepted their testimony of the words and deeds of Muhammad, the occasions on which the Quran was revealed and other important matters in Islamic history and practice. The testimony of the companions, as it was passed down through trusted chains of narrators ('' asānīd''), was the basis of the developing Islamic tradition. From the traditions (''hadith'') of the life of Muhammad and his companions are drawn the Muslim way of life (''sunnah''), the code of conduct (''sharia'') it requires, and Islamic jurisprudence (''fiqh''). ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apostasy In Islam
Apostasy in Islam ( or ) is commonly defined as the abandonment of Islam by a Muslim, in thought, word, or through deed. It includes not only explicit renunciations of the Islamic faith by Religious conversion, converting to another religion or Irreligion, abandoning religion altogether, but also Islam and blasphemy, blasphemy or heresy by those who consider themselves Muslims, through any action or utterance which implies unbelief, including those who deny a "fundamental tenet or Aqidah, creed" of Islam. An apostate from Islam is known as a ''murtadd'' (). While Fiqh, Islamic jurisprudence calls for the Capital punishment in Islam, death penalty of those who refuse to repent of apostasy from Islam, what statements or acts qualify as apostasy, and whether and how they should be punished, are disputed among Ulama, Muslim scholars, with Liberalism and progressivism within Islam, liberal Islamic movements rejecting physical punishment for apostasy. The penalty of killing of apost ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ja'fari
The Jaʿfarī school, also known as the Jafarite school, Jaʿfarī fiqh () or Ja'fari jurisprudence, is a prominent school of jurisprudence (''fiqh'') within Twelver and Ismaili (including Nizari) Shia Islam, named after the sixth Imam, Ja'far al-Sadiq. In Iran, Jaʽfari jurisprudence is enshrined in the constitution, shaping various aspects of governance, legislation, and judiciary in the country. In Lebanon this school of jurispudence is also accounted for in the sectarian legal system of the country and Shia muslims can call upon it for their legal disputes. It differs from the predominant madhhabs of Sunni jurisprudence in its reliance on ''ijtihad'', as well as on matters of inheritance, religious taxes, commerce, personal status, and the allowing of temporary marriage or '' mutʿa''. Since 1959, Jaʿfari jurisprudence has been afforded the status of "fifth school" along with the four Sunni schools by Azhar University. In addition, it is one of the eight recognized ''madh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shafi'i
The Shafi'i school or Shafi'i Madhhab () or Shafi'i is one of the four major schools of fiqh (Islamic jurisprudence), belonging to the Ahl al-Hadith tradition within Sunni Islam. It was founded by the Muslim scholar, jurist, and traditionist al-Shafi'i (), "the father of Muslim jurisprudence", in the early 9th century. The other three schools of Sunnī jurisprudence are Ḥanafī, Mālikī and Ḥanbalī. Like the other schools of fiqh, Shafii recognize the First Four Caliphs as the Islamic prophet Muhammad's rightful successors and relies on the Qurʾān and the "sound" books of Ḥadīths as primary sources of law. The Shafi'i school affirms the authority of both divine law-giving (the Qurʾān and the Sunnah) and human speculation regarding the Law. Where passages of Qurʾān and/or the Ḥadīths are ambiguous, the school seeks guidance of Qiyās (analogical reasoning). The Ijmā' (consensus of scholars or of the community) was "accepted but not stressed". The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanbali
The Hanbali school or Hanbalism is one of the four major schools of Islamic jurisprudence, belonging to the Ahl al-Hadith tradition within Sunni Islam. It is named after and based on the teachings of the 9th-century scholar, jurist and traditionist, Ahmad ibn Hanbal (), and later institutionalized by his students. One who ascribes to the Hanbali school is called a Hanbali (, or ). It adheres to the Athari school of theology and is the smallest out of the four major Sunni schools, the others being the Hanafi, Maliki and Shafi'i schools.Ziauddin Sardar (2014), Mecca: The Sacred City, Bloomsbury, , p. 100 Like the other Sunni schools, it primarily derives sharia from the Quran, hadith and views of Muhammad's companions. In cases where there is no clear answer in the sacred texts of Islam, the Hanbali school does not accept istihsan, juristic discretion or urf, customs of a community as sound bases to derive Islamic law on their own—methods that the Hanafi and Maliki schools ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maliki
The Maliki school or Malikism is one of the four major madhhab, schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas () in the 8th century. In contrast to the Ahl al-Hadith and Ahl al-Ra'y schools of thought, the Maliki school takes a unique position known as ''Ahl al-Amal'', in which they consider the Sunnah to be primarily sourced from the practice of the people of Medina and Urf, living Islamic traditions for their rulings on Sharia, Islamic law. The Maliki school is one of the largest groups of Sunni Muslims, comparable to the Shafi’i madhhab in adherents, but smaller than the Hanafi madhhab. Sharia based on Maliki Fiqh is predominantly found in North Africa (excluding parts of Egypt), West Africa, Chad, Sudan and the Persian Gulf, Arabian Gulf. In the Middle Ages, medieval era, the Maliki school was also found in parts of Islam in Europe, Europe under Islamic rule, particularly Al-Andalus, Islamic Spain and the Emirate of Sicily. A major ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jizya
Jizya (), or jizyah, is a type of taxation levied on non-Muslim subjects of a state governed by Sharia, Islamic law. The Quran and hadiths mention jizya without specifying its rate or amount,Sabet, Amr (2006), ''The American Journal of Islamic Social Sciences'' 24:4, Oxford; pp. 99–100. and the application of jizya varied in the course of Islamic history. However, scholars largely agree that early Muslim rulers adapted some of the existing systems of taxation and modified them according to Islamic religious law.online Historically, the jizya tax has been understood in Islam as a fee for protection provided by the Muslim ruler to non-Muslims, for the exemption from military service for non-Muslims, for the permission to practice a non-Muslim faith with some communal autonomy in a Muslim state, and as material proof of the non-Muslims' allegiance to the Muslim state and its laws. The majority of Muslim jurists required adult, free, sane men, males among the dhimma community to pay ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harun Al-Rashid
Abū Jaʿfar Hārūn ibn Muḥammad ar-Rāshīd (), or simply Hārūn ibn al-Mahdī (; or 766 – 24 March 809), famously known as Hārūn al-Rāshīd (), was the fifth Abbasid caliph of the Abbasid Caliphate, reigning from September 786 until his death in March 809. His reign is traditionally regarded to be the beginning of the Islamic Golden Age. His epithet ''al-Rashid'' translates to "the Just", "the Upright", or "the Rightly-Guided". Harun established the legendary library Bayt al-Hikma ("House of Wisdom") in Baghdad in present-day Iraq, and during his rule Baghdad began to flourish as a world center of knowledge, culture and trade. During his rule, the family of Barmakids, which played a deciding role in establishing the Abbasid Caliphate, declined gradually. In 796, he moved his court and government to Raqqa in present-day Syria. Domestically, Harun pursued policies similar to those of his father Al-Mahdi. He released many of the Umayyads and 'Alids his brother Al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abu Yusuf
Ya'qub ibn Ibrahim al-Ansari (), better known as Abu Yusuf () (729–798) was an Islamic jurist, as well as a student of Abu Hanifa (d.767) and Malik ibn Anas (d.795), who helped spread the influence of the Hanafi school of Islamic law, and was notable for having introduced the Maliki-like position of Urf being a valid source of sunnah, that could overrule literary traditions. Biography Abu Yusuf lived in Kufa and Baghdad, in what is now Iraq, during the 8th century. His genealogy has been traced back to Sa'd ibn Habta, a youth in Medina in the time of the Prophet, and his birth date is estimated based on the date of his death to be around 113/729CE. Based on anecdotal stories, Abu Yusuf was raised poor but with a ferocious appetite for knowledge. His mother disapproved of his academic desires, insisting that he master some trade (the art of tailoring, according to some source) so as to help make ends meet. While it cannot be fully verified, stories suggest that he complie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanafi
The Hanafi school or Hanafism is the oldest and largest Madhhab, school of Islamic jurisprudence out of the four schools within Sunni Islam. It developed from the teachings of the Faqīh, jurist and theologian Abu Hanifa (), who systemised the use of reasoning (). Hanafi legal theory primarily derives law from the Quran, the sayings and practices of Muhammad (''sunnah''), scholarly consensus () and analogical reasoning (), but also considers juristic discretion () and local customs (). It is distinctive in its greater usage of ''qiyas'' than other schools. The school spread throughout the Muslim world under the patronage of various Islamic empires, including the Abbasids and Seljuk Empire, Seljuks. The Central Asian region of Transoxiana emerged as a centre of classical Hanafi scholarship between the 10th and 12th centuries, which gave rise to the Maturidi school of theology. The Ottoman Empire adopted Hanafism as its official school of law and influenced the legal thought of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
