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Al-Hidayah
''Al-Hidayah fi Sharh Bidayat al-Mubtadi'' (d. 593 AH/1197 CE) (, ''al-Hidāyah fī Sharḥ Bidāyat al-Mubtadī''), commonly referred to as ''al-Hidayah'' (lit. "the guidance", also spelled ''Hedaya'' Charles Hamilton (trans.) ''The Hedaya: Commentary on the Islamic Laws'' (Delhi) 1994 (2nd Edition 1870)), is a 12th-century legal manual by Burhan al-Din al-Marghinani, which is considered to be one of the most influential compendium of Hanafi jurisprudence (''fiqh''). It has been subject of numerous commentaries. History and significance The author, Shaykh al-Islam Burhan al-Din al-Farghani al-Marghinani (d.593AH/1197CE), was considered to be one of the most esteemed jurists of the Hanafite school. Al-Hidayah is a concise commentary on al-Marghinani's own compendium ''al-Bidayat al-mubtadi'', which was in turn based on ''Mukhtasar'' by al-Quduri and al-Shaybani's ''al-Jami‘ al-saghir''. The significance of al-Hidayah in the Hanafite school lay not in its intrinsic virtues, b ...
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Charles Hamilton (orientalist)
Charles Hamilton (1753?–1792) was a British orientalist, known for his English translation of ''Al-Hidayah (book), Al-Hidayah''. Life Born in Belfast about 1753, he was the only son of Charles Hamilton (died 1759), merchant, by Katherine Mackay (died 1767). After spending two years in the office of a Dublin merchant, he obtained a cadetship on the East India Company's establishment at Bengal, and went to India in 1776. He gained his first commission on 24 October that year, and was promoted lieutenant on 10 July 1778. Hamilton studied oriental languages, and became one of the first members of the Asiatic Society of Calcutta. He returned to England for his major work of translation, completed and published in 1791. He was appointed resident at the court of the grand vizier at Oudh, and prepared to leave England. Symptoms of tuberculosis, consumption, however, appeared, and he was recommended to take a voyage to Lisbon; but he died at Hampstead on 14 March 1792, aged 39, and was b ...
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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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Anglo-Muhammadan Law
Anglo-Muhammadan law was a legal system used in the British Empire which combined British and Islamic law. Legal tradition The legal system emerged in British India during the colonial period, integrating elements of both English (Anglo) and Islamic (Muhammadan) legal traditions. It was established by the British colonial authorities to govern the Muslim population of India, alongside other legal systems for different religious communities. The Anglo-Muhammadan law was based on Islamic law (Sharia) principles but adapted to fit within the broader framework of English common law. British administrators and judges worked to codify and apply Islamic legal principles within the colonial legal system. The goal was to maintain social order and justice while also accommodating the diverse religious and cultural practices within the Indian subcontinent. Key features of Anglo-Muhammadan law included the recognition of Islamic personal laws in matters such as marriage, inheritance, and fa ...
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Burhan Al-Din Al-Marghinani
Burhān al-Dīn Abu’l-Ḥasan ‘Alī bin Abī Bakr bin ‘Abd al-Jalīl al-Farghānī al-Marghīnānī () (1135-1197) was an Islamic scholar of the Hanafi school of jurisprudence. He was born to an Arab family whose lineage goes back to Caliph Abu Bakr al-Siddiq. He was born in Marghinan near Farghana (in present day Uzbekistan). He died in 1197 (593 AH). He is best known as the author of '' al-Hidayah'', which is considered to be one of the most influential compendia of Hanafi jurisprudence (''fiqh''). Sheikh Muhammad Abd al-Hayy al-Laknawi mentioned in the book al-Fawa’id al-Bahiyyah, saying: And know that they divided our Hanafi companions into six classes, and the fourth: the class of those with preferential judgment, such as Burhan al-Din al-Marginani, who are able to prefer some narrations over others. Some with good knowledge. Life Al-Marghanini performed the Hajj and visited Medina in the year 544 AH. He was thought to have died on the 14th of Dhu'l-Hijjah in the ...
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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 ...
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Hanafi Literature
The Hanafi school or Hanafism is the oldest and largest school of Islamic jurisprudence out of the four schools within Sunni Islam. It developed from the teachings of the 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 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 the school, eventually codifyi ...
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Sameeruddin Qasmi
Muhammad Sameeruddin Qasmi (; born 6 November 1950), also written as Samīruddīn Qasmi, is an Indian Islamic scholar based in the UK, specializing in Islamic astronomy, hadith, Hanafi jurisprudence, and Islamic theology. Early life and education Qasmi was born on 6 November 1950 in the village of Ghutti, Godda district, in the former state of Bihar, India (now Jharkhand). He began his early education at a local maktab and continued his studies at various religious institutions across India. He completed his advanced studies at Darul Uloom Deoband in 1970, studying under notable scholars such as Syed Fakhruddin Ahmad, Muhammad Tayyib Qasmi, Anzar Shah Kashmiri, Naseer Ahmad Khan, Mahmood Hasan Gangohi, Wahiduzzaman Kairanawi, and Muhammad Salim Qasmi. He has particularly benefited from Naseer Ahmad Khan in the field of Islamic astronomy and from Wahiduzzaman Kairanawi in Arabic. Career Qasmi began teaching in Gujarat, India, before moving to the United Kingdom, where he ...
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Imran Khan Nyazee
Imran Ahsan Khan Nyazee (عمران احسن خان نیازی; born 25 October 1945, Pakistan) is a Pakistani legal scholar. Who taught at the International Islamic University Islamabad. His Theories of Islamic Law has been described as laying the foundations for a 'new (Islamic) jurisprudence'. His works include Theories of Islamic Law, in which Islamic legal theories have been presented from the perspective of comparative jurisprudence; Islamic Law of Business Organizations (Partnerships)—which discusses aspects of Islamic business law; Islamic Law of Business Organizations (Corporations)—a treatise on fictitious personality in the light of classical fiqh; The Concept of Riba in Islamic Banking and its sequel, Prohibition of Riba Elaborated as well as Murabaha and Credit Sale —all three of which are strong critiques of Islamic Banking. Academic career Nyazee enrolled in the LLM program in Islamic law offered by the Faculty of Shariah and Law at International Islami ...
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Lucknow
Lucknow () is the List of state and union territory capitals in India, capital and the largest city of the List of state and union territory capitals in India, Indian state of Uttar Pradesh and it is the administrative headquarters of the eponymous Lucknow district, district and Lucknow division, division. Having a population of 2.8 million as per 2011 census, it is the List of cities in India by population, eleventh most populous city and List of million-plus urban agglomerations in India, the twelfth-most populous urban agglomeration of India. Lucknow has always been a Multiculturalism, multicultural city that flourished as a North Indian cultural and artistic hub, and the seat of power of Nawabs in the 18th and 19th centuries. It continues to be an important centre of governance, administration, education, commerce, aerospace, finance, pharmaceuticals, information technology, design, culture, tourism, music, and poetry. Lucknow, along with Agra and Varanasi, is in the Uttar P ...
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Calcutta
Kolkata, also known as Calcutta (List of renamed places in India#West Bengal, its official name until 2001), is the capital and largest city of the Indian States and union territories of India, state of West Bengal. It lies on the eastern bank of the Hooghly River, west of the border with Bangladesh. It is the primary Financial centre, financial and Commercial area, commercial centre of Eastern India, eastern and Northeast India, northeastern India. Kolkata is the list of cities in India by population, seventh most populous city in India with an estimated city proper population of 4.5 million (0.45 crore) while its metropolitan region Kolkata Metropolitan Area is the List of million-plus agglomerations in India, third most populous metropolitan region of India with a metro population of over 15 million (1.5 crore). Kolkata is regarded by many sources as the cultural capital of India and a historically and culturally significant city in the historic Bengal, region of ...
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Bengal
Bengal ( ) is a Historical geography, historical geographical, ethnolinguistic and cultural term referring to a region in the Eastern South Asia, eastern part of the Indian subcontinent at the apex of the Bay of Bengal. The region of Bengal proper is divided between the modern-day sovereign nation of Bangladesh and the States and union territories of India, Indian states of West Bengal, and Karimganj district of Assam. The ancient Vanga Kingdom is widely regarded as the namesake of the Bengal region. The Bengali calendar dates back to the reign of Shashanka in the 7th century CE. The Pala Empire was founded in Bengal during the 8th century. The Sena dynasty and Deva dynasty ruled between the 11th and 13th centuries. By the 14th century, Bengal was absorbed by Muslim conquests in the Indian subcontinent. An independent Bengal Sultanate was formed and became the eastern frontier of the Islamic world. During this period, Bengal's rule and influence spread to Assam, Arakan, Tri ...
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English Common Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. ...
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