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Talfīḳ
(753 words)
(a.), a notion in Islamic law. 1. In classical Islamic law. The basic meaning of
lafaḳa and form II
laffaḳa is “to sew (a garment) together (by joining two lengths of cloth)”, whence “to patch together”, and by an extension of meaning, “to piece together (a verse or story), to concoct”, which is close to the legal meaning. In legal jargon,
talfīḳ connotes the bringing together of certain elements of two or more doctrines in such a manner as to create therefrom yet another, different doctrine. It is to be noted that no technical dicti…
S̲h̲arṭ
(2,360 words)
(pls.
s̲h̲urūṭ ,
s̲h̲arāʾiṭ ), literally, “condition”. 1. In Islamic law. Here, it has the sense of “condition, term, stipulation”. The term has two major connotations. Generally, it denotes that which does not partake in the quiddity of a thing but upon which the existence of that thing hinges. Ritual cleansing (
ṭahāra ), for instance, is not a constitutive part of prayer (
ṣalāt ) but it is a condition for its validity. In legal theory (
uṣūl al-fiḳh ),
s̲h̲arṭ signifies a condition in verifying the
ratio legis, the
ʿilla .
S̲h̲arṭ requires the ruling (
ḥukm ) to be n…
