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Qiṣāṣ
''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 or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Criminal Jurisprudence
Islamic criminal law () is criminal law in accordance with Sharia. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". Islamic law divides crimes into three different categories depending on the offense – '' Hudud'' (crimes "against God", whose punishment is fixed in the Quran and the Hadiths), ''Qisas'' (crimes against an individual or family whose punishment is equal retaliation in the Quran and the Hadiths), and ''Tazir'' (crimes whose punishment is not specified in the Quran and the Hadiths, and is left to the discretion of the ruler or Qadi, i.e. judge). Some add the fourth category of ''Siyasah'' (crimes against government), while others consider it as part of either ''Hadd'' or ''Tazir'' crimes. Crimes against God are prosecuted by the state as ''hudud'' crimes, and all other criminal matters, including murder and bodily injury, are treated as disputes between individuals with an Islamic judge deciding the outcome based on Sharia ''fiqh'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Code Of Hammurabi
The Code of Hammurabi is a Babylonian legal text composed during 1755–1750 BC. It is the longest, best-organized, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian language, Akkadian, purportedly by Hammurabi, sixth king of the First Dynasty of Babylon. The primary copy of the text is inscribed on a basalt stele tall. The stele was rediscovered in 1901 at the site of Susa in present-day Iran, where it had been taken as plunder six hundred years after its creation. The text itself was copied and studied by Mesopotamian scribes for over a millennium. The stele now resides in the Louvre Museum. The top of the stele features an image in bas-relief, relief of Hammurabi with Shamash, the Babylonian sun god and god of justice. Below the relief are about 4,130 lines of cuneiform text: one fifth contains a prologue and epilogue in poetic style, while the remaining four fifths contain what are generally called the laws. In ... [...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] |
Sunni
Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr () rightfully succeeded him as the caliph of the Muslim community, being appointed at the meeting of Saqifa. This contrasts with the Shia view, which holds that Muhammad appointed Ali ibn Abi Talib () as his successor. Nevertheless, Sunnis revere Ali, along with Abu Bakr, Umar () and Uthman () as ' rightly-guided caliphs'. The term means those who observe the , the practices of Muhammad. The Quran, together with hadith (especially the Six Books) and (scholarly consensus), form the basis of all traditional jurisprudence within Sunni Islam. Sharia legal rulings are derived from these basic sources, in conjunction with consideration of public welfare and juristic discretion, using the principles of jurisprudence developed by the four legal schools: Hanafi, Hanbali, Maliki ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Musta'min
Mustaʾmīn or Musta'man () is a historical Islamic term for a non-Muslim foreigner temporarily residing in Muslim lands with ''aman'', or guarantee of short-term safe-conduct ('' aman mu'aqqat''), affording the protected status of dhimmi (non-Muslim subjects permanently living in a Muslim-ruled land) without the payment of jizya.Khadduri p. 163 Merchants, messengers, students and other groups could be given an ''aman'', while foreign envoys and emissaries were automatically protected. Types of safe-conducts The short-term safe-conduct can be personal or general: * Personal ''aman'' (''khass'') can be granted by any sane and mature Muslim to one or a group of non-Muslim foreigners (''harbis'').Yakoob, Mir p. 109 * General ''aman'' (amm'') can be granted only by the caliph or his deputy to an unspecified number of ''harbis''. The term is valid up to one year for the ''musta'min'', along with his minor children and all the women related to him. Many Hanbalite jurists allowed th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Opinion
A judicial opinion is a form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision. Drafting process An opinion may be released in several stages of completeness. First, a bench opinion may be handed down, with the judge or panel of judges indicating their decision and a rough explanation of the reasoning underlying it. A slip opinion may also be issued the day the decision is handed down, and is usually not typeset or fully formatted. It is not the final or most authoritative version, being subject to further revision before being replaced with a final published edition. The Supreme Court of the United States issues slip opinions with the following disclaimer: Types of judicial opinions A unanimous opinion is one in which all of the justices agree and offer one r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fasting
Fasting is the act of refraining from eating, and sometimes drinking. However, from a purely physiological context, "fasting" may refer to the metabolic status of a person who has not eaten overnight (before "breakfast"), or to the metabolic state achieved after complete digestion and absorption of a meal. Metabolic changes in the fasting state begin after absorption of a meal (typically 3–5 hours after eating). A '' diagnostic fast'' refers to prolonged fasting from 1–100 hours (depending on age), conducted under observation, to facilitate the investigation of a health complication (usually hypoglycemia). Many people may also fast as part of a medical procedure or a check-up, such as preceding a colonoscopy or surgery, or before certain medical tests. '' Intermittent fasting'' is a technique sometimes used for weight loss or other health benefits that incorporates regular fasting into a person's dietary schedule. Fasting may also be part of a religious ritual, often asso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Slave
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavement is the placement of a person into slavery, and the person is called a slave or an enslaved person (see ). Many historical cases of enslavement occurred as a result of breaking the law, becoming indebted, suffering a military defeat, or exploitation for cheaper labor; other forms of slavery were instituted along demographic lines such as Racism, race or sex. Slaves would be kept in bondage for life, or for a fixed period of time after which they would be Manumission, granted freedom. Although slavery is usually involuntary and involves coercion, there are also cases where people voluntary slavery, voluntarily enter into slavery to pay a debt or earn money due to poverty. In the course of human history, slavery was a typical feature of civ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Al-Shafi'i
Al-Shafi'i (; ;767–820 CE) was a Muslim scholar, jurist, muhaddith, traditionist, theologian, ascetic, and eponym of the Shafi'i school of Sunni Islamic jurisprudence. He is known to be the first to write a book upon the principles of Islamic jurisprudence, having authored one of the earliest work on the subject: '' al-Risala''. His legacy and teaching on the matter provided it with a systematic form, thereby "fundamentally influencing the succeeding generations which are under his direct and obvious impact," and "beginning a new phase of the development of legal theory." Being born in Gaza, Palestine, to the Banu Muttalib clan of the Quraysh tribe, he relocated at the age of two and was raised in Mecca. He later resided in Medina, Yemen, Baghdad in Iraq, and Egypt, and also served as a judge for some time in Najran. Introduction The biography of al-Shafi'i is difficult to trace. It was said Dawud al-Zahiri (d. 884 CE) was the first to write one, but the work ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiqh
''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh Encyclopædia Britannica ''Fiqh'' is often described as the style of human understanding, research and practices of the sharia; that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions). Fiqh expands and develops Shariah through interpretation (''ijtihad'') of the Quran and ''Sunnah'' by Islamic jurists (''ulama'') and is implemented by the rulings (''fatwa'') of jurists on questions presented to them. Thus, whereas ''sharia'' is considered immutable and infallible by Muslims, ''fiqh'' is considered fallible and changeable. ''Fiqh'' deals with the observance of rituals, morals and social legislation in Islam as well as econo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Al-Mawardi
Ali ibn Muhammad ibn Habib (; –1058), commonly known by the '' nisba'' al-Mawardi (), was a Sunni polymath and a Shafi'i jurist, legal theoretician, muhaddith, theologian, sociologist and an expert in political science. He is considered to be an eminent scholar of his time who wrote on numerous subjects, including Qur'anic interpretations, religion, government, public and constitutional law, language, ethics and belles-lettres. Name As the son of a person who sold rose water, the terms "maa" (water) and "Wardah" (rose) are combined to form the name "Al-Mawardi." The title "Al-Mawardi" was given to him because of his brilliance, eloquence, and great analytical abilities in debate, discussions, and oratory. He was also eager in evaluating a variety of situations that he came across. Early life He was born in the year 364 AH/974 CE in Basra, Iraq. Some authors make the claim that his family was Kurdish, a claim which is unsubstantiated. Education When Baghdad was a centre a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
