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Safar

(416 words)

Author(s): Peters, R.
, (a.) “journey”, “travel”. 1. In law. In Islamic law, travelling permits certain mitigations in the carrying out of ritual duties. This applies to three topics: 1. ritual purity: according to most schools, a traveller may extend the period during which he is allowed to perform the minor ritual ablution ( wuḍūʾ [ q.v.]) by rubbing his foot-covering instead of washing his feet, from one to three days; 2. ritual prayer ( ṣalāt [ q.v.]): a traveller is permitted to shorten ( ḳaṣr ) the ṣalāts with four rakʿa s [ q.v.], i.e. the ṣalāt al-ẓuhr , the ṣalāt al-ʿaṣr , and the ṣalāt al-ʿis̲h̲āʾ , to two rakʿas…

Nafaḳa

(685 words)

Author(s): Peters, R.
(a.), in Islamic law, maintenance, i.e. of the necessities of life, consisting of food, clothing and shelter. The obligation to provide for a person’s maintenance arises from kinship, ownership and marriage. Kinship Fathers are obliged to provide for their children, unless the latter have sufficient property to support themselves. The obligation lasts with regard to boys until puberty, and regarding girls, until they marry and their marriage is consummated. After puberty, boys are entitled to maintenance from their fathers if …

Waṣiyya

(1,793 words)

Author(s): Peters, R.
(a.), in Islamic law, bequest, last will and testament. In fiḳh , waṣiyya refers to two related notions: (1) that of bequest or legacy (defined as the transfer of the corpus or the usufruct ( manfaʿa ) of a thing after one’s death without a consideration); and (2) that of appointing a testamentary executor or guardian over minor children. The term waṣiyya is sometimes translated as last will or testament, since for both legal acts a testamentary disposition is required. 1. Historical background Several Ḳurʾānic verses mention or refer to bequests. From XXXVI, 50, it appears th…

Zinā or Zināʾ

(1,328 words)

Author(s): Peters, R.
(a.), unlawful sexual intercourse, i.e. intercourse between a man and a woman who are not married to one another nor in a state of lawful concubinage based on ownership (the relationship between the owner and his female slave). The Ḳurʾān disapproved of the promiscuity prevailing at that time in Arabia and forbade e.g. the prostitution of slave girls by their masters (XXIV, 33). Several verses refer to unlawful sexual intercourse. Some of these mention that it is a sin ( fāḥis̲h̲a ) and that it will be punished in the Hereafter (XVII, 32, XXV, 68-9). Mo…

Ṣaḥīḥ

(1,384 words)

Author(s): Juynboll, G.H.A. | Peters, R. | Carter, M.G.
(a.), literally, “sound, healthy”. 1. As a technical term in the science of ḥadīt̲h̲ [ q.v.], i.e. Muslim tradition. It did not come into use immediately with the onset of isnād criticism, for al-Rāmahurmuzī (d. 360/970 [ q.v.]), who wrote the first systematic work on ḥadīt̲h̲, does not seem to have applied it yet. It is used by mediaeval as well as modern Muslim tradition experts (sometimes followed in this by some western scholars) to describe or qualify one particular prophetic tradition or a whole collection of such traditions. Ṣaḥīḥ traditions constitute o…

S̲h̲āhid

(1,588 words)

Author(s): Peters, R.
(a.) “witness”. In Islamic law, testimony ( s̲h̲ahāda ) is the paramount medium of legal evidence ( bayyina [ q.v.]), the other means being acknowledgement ( iḳrār [ q.v.]) and the oath ( yamīn [ q.v.]). Testimony is “a statement in court based on observation, introduced by the words ‘I testify ( as̲h̲hadu ), concerning the rights of others.” Giving testimony in court on what one has seen or heard is a collective obligation ( farḍ ʿalā ’l-kifāya ), ¶ which becomes an individual one in case someone will loose his right if a specific person does not testify to it. This is ba…

Hid̲j̲ra

(334 words)

Author(s): Peters, R.
in fiḳh . For Muslims residing in the Dār al-Ḥarb , emigration to the Dār al-Islām ( hid̲j̲rd ) is a recommendable act. If they cannot perform their religious duties in freedom, emigration becomes obligatory. These prescriptions are founded on Ḳurʾān, IV, 97-100 and some traditions, like Muḥammad’s saying: “I have nothing to do with Muslims residing amongst the polytheists” (Abū Dāwūd, d̲j̲ihād, 95; Nasāʾī, ḳasāma , 27). The Mālikīs hold that emigration is always obligatory and that the tradition: “No emigration after the Conquest [of Mecca]” (Buk̲h̲ārī, d̲j̲ihād, 1, 27, īmān , 41, ṣayd

Waḳf

(47,506 words)

Author(s): Peters, R. | Abouseif, Doris Behrens | Powers, D.S. | Carmona, A. | Layish, A. | Et al.
(a.), in Islamic law, the act of founding a charitable trust, and, hence the trust itself. A synonym, used mainly by Mālikī jurists, is ḥabs , ḥubus or ḥubs (in French often rendered as habous ). The essential elements are that a person, with the intention of committing a pious deed, declares part of his or her property to be henceforth unalienable ( ḥabs, taḥbīs ) and designates persons or public utilities as beneficiaries of its yields ( al-taṣadduḳ bi ’l-manfaʿa , tasbīl al-manfaʿa ). The Imāmī S̲h̲īʿa distinguish between waḳf and ḥabs, the latter being a precarious type of waḳf in which th…

Rukhṣa

(860 words)

Author(s): Peters, R. | Haar, J.G.J. ter
(a.), literally “permission”, dispensation”. 1. In law. ¶ Here, ruk̲h̲ṣa is a legal ruling relaxing or suspending by way of exception under certain circumstances an injunction of a primary and general nature ( ʿazīma [ q.v.]). The general obligation to fast during Ramaḍān is, by way of rukhṣa , suspended during the days of an illness or a journey, under condition that these days are made up after Ramaḍān. Similarly, the general prohibition to eat meat that has not been ritually slaughtered is suspended if a Muslim could …