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Ibn Surayd̲j̲

(1,108 words)

Author(s): Schacht, J.
, Abu ’l-ʿAbbās Aḥmad b. ʿUmar , a famous S̲h̲āfiʿī scholar and polemicist of the 3rd/9th century. His grandfather, Surayd̲j̲ (d. 235/849-50), had been a pious traditionist (Ibn Tag̲h̲rībirdī, Nud̲j̲ūm , ed. Juynboll, i, 709 f.; Cairo ed., ii, 281 f.). He is considered the most prominent S̲h̲āfiʿī scholar after S̲h̲āfiʿī’s own companions, and some ranked him even higher than al-Muzanī [ q.v.]. His main teacher was ʿUt̲h̲mān b. Saʿīd al-Anmāṭī (d. 288/901), a disciple of Muzanī. The tradition according to which each century would see a renovator of Islam wa…

Muḥammad ʿAbduh

(2,502 words)

Author(s): Schacht, J.
, a Muslim theologian, founder of the Egyptian modernist school. Muḥammad ʿAbduh belonged to an Egyptian peasant family and was born in 1849 in Lower Egypt. He spent his childhood in the little village of Maḥallat Naṣr in the mudīriyya of Buḥayra in Lower Egypt, where his father had returned to his land. When Muḥammad ʿAbduh had learned the Ḳurʾān by heart, he was sent in 1862 to the theological school of Ṭanṭā but he left this after a year-and-a-half, ¶ discouraged, and was only induced to resume his studies through the influence of a grand-uncle who aroused in him an inte…

Abū Ḥanīfa al-Nuʿmān

(1,795 words)

Author(s): Schacht, J.
b. T̲h̲ābit , theologian and religious lawyer, the eponym of the school of the Ḥanafīs [ q.v.]. He died in 150/767 at the age of 70, and was therefore born about the year 80/699. His grandfather Zūṭā is said to have been brought as a slave from Kābul to Kūfa, and set free by a member of the Arabian tribe of Taym-Allāh b. T̲h̲aʿlaba; he and his descendants became thus clients ( mawlā ) of this tribe, and Abū Ḥanīfa is occasionally called al-Taymī. Very little is known of his life, except that he lived in Kūfa as a manufacturer and merchant of a kind of silk material ( k̲h̲azz ). It …

Ibn ʿĀṣim

(374 words)

Author(s): Schacht, J.
, Abū Bakr Muḥammad b. Muḥammad b. Muḥammad b. Muḥammad b. ʿĀṣim al-G̲h̲arnāṭī , a famous Mālikī jurisconsult, grammarian and man of letters. He was born in Granada on 12 D̲j̲umādā I 760/11 April 1359 and died there on 11 S̲h̲awwāl 829/15 August 1426. He had a brother, who was also called Muḥammad but had the kunya Abū Yaḥyā, and a son who also had the kunya Abū Yaḥyā; this last was the author of a ¶ Memorandum on the members of his family (Aḥmad Bābā, Nayl , 285). Ibn ʿĀṣim came of a family of scholars which belonged to the intellectual aristocracy of Granad…

Ibn Ḳāsim al-G̲h̲azzī

(280 words)

Author(s): Schacht, J.
S̲h̲ams al-Dīn Abū ʿAbd Allāh Muḥammad al-Miṣrī , also known as Ibn al-G̲h̲arābīlī, a S̲h̲āfiʿī scholar and commentator, d. 918/1512. He was born and grew up in G̲h̲azza, and was a disciple of Ḏj̲alāl al-Dīn al-Maḥallī (d. 864/1459; Brockelmann, II, 138, S II, 140), but little else is known of his life. The following works of his have survived: 1. Fatḥ al-ḳarīb al-mud̲j̲īb , or al-Ḳawl al-muk̲h̲tār fī s̲h̲arḥ G̲h̲āyat al-ik̲h̲tiṣār , a commentary on the Muk̲h̲taṣar , or Taḳrīb , or G̲h̲āyat al-ik̲h̲tiṣār of Abū S̲h̲ud̲j̲āʿ [ q.v.]; editio princeps, Būlāḳ 1271, very often reprinted, a…

Bayʿ

(2,214 words)

Author(s): Schacht, J.
(a). Two roots are used in Arabic to designate the contract of sale: b-y-ʿ and s̲h̲-r-y in the first verbal form both usually mean “to sell”, but also “to buy”, in the eighth form exclusively “to buy”; the function of expressing both sides of a mutual relationship is shared by these two roots ¶ with a number of other old legal tenus. Bayʿ originally means the clasping of hands on concluding an agreement, s̲h̲-r-y perhaps the busy activity of the market. In the technical usage of Islamic law, the normal term for selling is bāʿa , for the contract of sale, the infinitive bayʿ , and for buying, ibtāʿa

Ḥiyal

(2,920 words)

Author(s): Schacht, J.
, plural of ḥīla (a.), artifice, device, expedient, stratagem, a means of evading a thing, or of effecting an object. The word is used in several technical meanings. 1. Ḥiyal is a technical term for stratagems in war (synonyms are makāʾid and ādāb ). The use of stratagems in war is justified by a saying attributed to the Prophet, really an old proverb, al-ḥarb k̲h̲udʿa , ‘‘war is deceit”. The term occurs in the titles of works on military art, as well as in their text. The earliest of these works known to us is the Kitāb al-Ḥiyal of a certain al-Hart̲h̲amī al-S̲h̲aʿrān…

Ad̲j̲r

(369 words)

Author(s): Schacht, J.
(a.), reward, wages, rent. The word is of Akkadian origin and was received into Arabic, through the intermediary of Aramaic, at an early date. It is used in a religious and in a legal sense, which both occur from the Ḳurʾān onwards. 1. In a great number of ḳurʾānic passages, ad̲j̲r denotes the reward, in the world to come, for pious deeds. This concept seems to derive from Christian rather than from Jewish sources, and it has become one of the fundamental ideas of practical ethics in Islam. According to Ḳurʾān, vi, 160, ten good deeds are credited for each one accomplished, though the term ad̲j̲r d…

al-Ak̲h̲ḍarī

(255 words)

Author(s): Schacht, J.
, abū zayd ʿabd al-raḥmān b. sayyidī muḥammad al-ṣag̲h̲īr , Algerian author of the 10th/16th century. He wrote (1) al-Sullam al-Murawnaḳ (composed in 941/1534), a short versification of al-Abharī’s [ q.v.] Īsāg̲h̲ūd̲j̲ī on logic; this little work soon became extremely popular and acquired numerous commentaries (one by the author himself) and glosses; it has often been lithographed or printed, in Fās, Būlāḳ (editio princeps of 1241 in Mad̲j̲mūʿ Muhimmāt al- Mutūn ), Cairo and Luck-now; French transl. by J. D. Lucianī, Le Soullam , Algiers 1921. Very popular, too, is his (2) al-Ḏj̲awhar …

ʿAṭāʾ

(481 words)

Author(s): Schacht, J.
b. abī rabāḥ , a prominent representative of the ancient Meccan school of religious law. Born in Yaman of Nubian parentage but brought up in Mecca, he was a mawlā of the family of Abū Maysara b. Abī Ḵh̲ut̲h̲aym al-Fihrī. He died in Mecca in 114 or 115 (732 or 733) at a very old age (88 or even 100 years are mentioned). ʿAṭāʾ is the only ancient Meccan jurisconsult who is more than a name to us; an analysis of the doctrines ascribed to him enables us to separate an authentic core from later, fictitious accretions. In the manner common to his contemporaries, he did not hesitate to use his personal opinion ( r…

Amān

(1,375 words)

Author(s): Schacht, J.
, safety, protection, safe conduct, quarter; mustaʾmin , the person who has received an amān . The term does not occur in the Ḳurʾān; it is derived from sūra ix, 6: "If a Polytheist asks you for d̲j̲iwār (see below), give it to him so that he may hear Allāh’s words, then let him go to his place of safety ( maʾman )" (cf. also sūra xvi, 112). In Muḥammad’s letters to the Arab tribes, amān (or amana ) occurs as a synonym of ʿahd [ q.v.], d̲h̲imma [ q.v.] and d̲j̲iwār. ¶ The institution of amān continues, in fact, the pre-Islamic Arab institution of d̲j̲iwār by which a stranger, who was in principle o…

Īd̲j̲āb

(267 words)

Author(s): Schacht, J.
(a.), literally “making definite, binding, due ( wād̲j̲ib )”, is in Islamic law the technical term for the offer which, together with the acceptance ( ḳabūl [see bayʿ ]), is one of the two essential formal elements which for the juridical analysis constitute a contract, which is construed as a bilateral transaction. Offer and acceptance can be expressed verbally (also in the form of compliance with an order, e.g. by the words “sell me” and “I sell you herewith”), or by the conclusive acts of the parties, e.g. the silent ex…

Ibāḥa

(1,424 words)

Author(s): Schacht, J.
(I) (a.), a verbal noun meaning originally “making a thing apparent or manifest”, with the implication that the beholder may take it or leave it, and then “making a thing allowable or free to him who desires it”; it has become a technical term with several connected meanings in the religious law of Islam; istibāḥa , taking a thing as allowed, free, or lawful; mubāḥ (the contrary of maḥẓūr ), “indifferent”, i.e., neither obligatory or recommended, nor forbidden or reprehensible; it is to be distinguished from its near synonym d̲j̲āʾiz , “unobjectionable, valid, permitted”; the concept ḥalāl…

Dāwūd b. ʿAlī b. K̲h̲alaf

(627 words)

Author(s): Schacht, J.
al-Iṣfahānī Abū Sulaymān , the imām of the school of the Ẓāhiriyya ([ q.v.]; also called Dāwūdiyya) in religious law. An extreme representative of the tendency hostile to human reasoning and relying exlusively on Ḳurʾān and ḥadīt̲h̲, Dāwūd not only rejected personal opinion ( raʾy ) as al-S̲h̲āfiʿī [ q.v.] had done, but, as far as he could, systematic reasoning by analogy ( ḳiyās ) which al-S̲h̲āfiʿī had admitted and tried to regularize, and he made it his principle to follow the outward or literal meaning ( ẓāhir ) of Ḳurʾān and ḥadīt̲h̲ exclusively; he also restricted the concept of …

Abū T̲h̲awr

(255 words)

Author(s): Schacht, J.
Ibrāhim b. Ḵh̲ālid b. Abi ’l-Yamān al-Kalbī , prominent jurisconsult and founder of a school of religious law, died in Bag̲h̲dād in Ṣafar 240/July 854. Living in ʿIrāḳ one generation after al-S̲h̲āfiʿī. Abū T̲h̲awr seems to have been influenced by al-S̲h̲āfiʿī’s methodological insistence on the authority of the ḥadīt̲h̲ of the Prophet, without, however, renouncing the use of raʾy [ q.v.], as had been customary in the ancient schools of law. The later biographers represented this as a conversion on the part of Abū T̲h̲awr from the raʾy of the ancient ʿIrāḳians to the school of al-S…

Ahl al-Ḥadīt̲h̲

(667 words)

Author(s): Schacht, J.
, also aṣḥāb al-ḥadīt̲h̲ , the partisans of traditions [see ḥadīth]. Traditionalism in Islam manifested itself first in the re-emergence of the old Arabian concept of sunna [ q.v.], the normative custom of the community, which was in due course identified with the sunna of the Prophet. This normative custom found its expression in the "living tradition" of the ancient schools of religious law, which came into being at the very beginning of the second century of Islam. In opposition to the ancient schools and their extensive use of human reasoning and personal opinion [see aṣḥāb al-raʾy and r…

al-D̲j̲uwaynī

(82 words)

Author(s): Schacht, J.
, ʿAbd Allāh b. Yūsuf Abu Muḥammad , a S̲h̲āfiʿī scholar, father of ʿAbd al-Malik [see the following art.], lived for most of his life in Nīsābūr, and died there in 438/1047. As an author, he was mainly concerned with the literary form of furūḳ , on which see Schacht, in Islamica , ii/4, 1927, 505 ff. (J. Schacht) Bibliography al-Subkī, Ṭabaḳāt, iii, 208-19 W. Wüstenfeld, Der Imâm el-Schâfiʾi, etc., no. 365 (a), 248 ff. Brockelmann, I, 482 S I, 667.

Liʿān

(2,381 words)

Author(s): Schacht, J.
(a.), in Islamic law, an oath which gives a husband the possibility of accusing his wife of adultery without legal proof and without his becoming liable to the punishment prescribed for this, ¶ and the possibility also of denying the paternity of a child borne by the wife. “In the language of the S̲h̲arīʿa , evidence given by the husband, strengthened by oaths, by which the husband invokes the curse ( laʿna: from this the whole process is a potiori named) and the wife the wrath of Allāh upon themselves, if they should lie; it frees the husband from ḥadd [ q.v.] (the legal punishment) for ḳad̲h̲f [ q.v…

Ḳiṣāṣ

(3,877 words)

Author(s): Schacht, J.
(a.), synonymous with ḳawad , retaliation (“settlement”, not “cutting off” or “prosecution”), according to Muslim law is applied in cases of killing, and of wounding which do not prove fatal, called in the former case ḳiṣāṣ fi ’l-nafs (blood-vengeance) and in the latter ḳiṣāṣ fī-mā dūn al-nafs . For ḳiṣāṣ among the pagan Arabs see Wellhausen, Reste arabischen Heidentums2 , 186 ff.; Procksch, Über die Blutrache bei den vorislamischen Arabern und Mohammeds Stellung zu ihr; the collection of essays Zum ältesten Strafrecht der Kulturvo…

Ik̲h̲tilāf

(1,073 words)

Author(s): Schacht, J.
(a.), difference, also inconsistency; as a technical term, the differences of opinion amongst the authorities of religious law, both between the several schools and within each of them; opp. id̲j̲māʾ , ittifāḳ . The ancient schools of law, on the one hand, accepted geographical differences of doctrines as natural; on the other hand, they voiced strong objections to disagreement within each school, an opinion which was mitigated by their acceptance as legitimate of different opinions if based on id̲j̲tihād . The rising tide of traditions from the Prop…
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