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Diyya
''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 ...
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Qisas
''Qisas'' or ''Qiṣāṣ'' () is an Islamic term interpreted to mean "retaliation in kind",Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, "eye for an eye", or retributive justice. ''Qisas'' and ''diyya'' applied as an alternative in cases where retaliation conditions not met are two of several forms of punishment in classical/traditional Islamic criminal jurisprudence, the others being '' Hudud'' and '' Ta'zir''. In ancient societies, the principle of retaliation meant that the person who committed a crime or the tribe to which he belonged was punished in a manner, equivalent to the crime committed. So, an eye for an eye, a tooth for a tooth, an ear for an ear, and a life for a life. Since there was no principle of individual responsibility in ancient societies, someone else, such as the closest relative, could be punished instead of the criminal. Most of the time, it was ignored whether the act was intentional or not, and a price of life ...
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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 ...
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Saudi Arabia
Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in West Asia. Located in the centre of the Middle East, it covers the bulk of the Arabian Peninsula and has a land area of about , making it the List of Asian countries by area, fifth-largest country in Asia, the largest in the Middle East, and the List of countries and dependencies by area, 12th-largest in the world. It is bordered by the Red Sea to the west; Jordan, Iraq, and Kuwait to the north; the Persian Gulf, Bahrain, Qatar and the United Arab Emirates to the east; Oman to the southeast; and Yemen to Saudi Arabia–Yemen border, the south. The Gulf of Aqaba in the northwest separates Saudi Arabia from Egypt and Israel. Saudi Arabia is the only country with a coastline along both the Red Sea and the Persian Gulf, and most of Geography of Saudi Arabia, its terrain consists of Arabian Desert, arid desert, lowland, steppe, and List of mountains in Saudi Arabia, mountains. The capital and List of cities ...
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Pakistan
Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country#Countries, second-largest Muslim population as of 2023. Islamabad is the nation's capital, while Karachi is List of cities in Pakistan by population, its largest city and financial centre. Pakistan is the List of countries and dependencies by area, 33rd-largest country by area. Bounded by the Arabian Sea on the south, the Gulf of Oman on the southwest, and the Sir Creek on the southeast, it shares land borders with India to the east; Afghanistan to the west; Iran to the southwest; and China to the northeast. It shares a maritime border with Oman in the Gulf of Oman, and is separated from Tajikistan in the northwest by Afghanistan's narrow Wakhan Corridor. Pakistan is the site of History of Pakistan, several ancient cultures, including the ...
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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 ...
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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 ...
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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 ...
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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 ...
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Dhimmi
' ( ', , collectively ''/'' "the people of the covenant") or () is a historical term for non-Muslims living in an Islamic state with legal protection. The word literally means "protected person", referring to the state's obligation under ''sharia'' to protect the individual's life, property, as well as freedom of religion, in exchange for loyalty to the state and payment of the '' jizya'' tax, in contrast to the '' zakat'', or obligatory alms, paid by the Muslim subjects. ''Dhimmi'' were exempt from military service and other duties assigned specifically to Muslims if they paid the poll tax (''jizya'') but were otherwise equal under the laws of property, contract, and obligation. Dhimmis were subject to specific restrictions as well, which were codified in agreements like the ''Pact of ʿUmar''. These included prohibitions on building new places of worship, repairing existing ones in areas where Muslims lived, teaching children the Qurʾān, and preventing relatives from conve ...
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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 ...
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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 ...
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