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Musāḳāt

(428 words)

Author(s): Young, M.J.L.
, a legal term denoting a lease of a plantation for one crop period, with profit-sharing. The contract for such a lease is between the owner of the plantation and a husbandman ( ʿāmil ), who undertakes to tend the trees or vines of the plantation for one season, at the end of which the proceeds of the crop are divided in agreed portions between the two contracting parties. The landowner’s portion constitutes his rent ( ud̲j̲ra ). The contract of musāḳāt is similar in its general features to that of muzāraʿa [ q.v.], but differs from the latter in four respects: (1) it is binding on both…

Muzāraʿa

(493 words)

Author(s): Young, M.J.L.
(a.), a legal term denoting a lease of agricultural land with profit-sharing. In this widespread type of verbal or written contract the owner of the land arranges with a husbandman ( ʿāmil ) for the latter to have the use of his land for a specified period, during which the husbandman sows, tends and harvests an agricultural crop. The seed may be provided by either the landowner or the husbandman. When the crop is harvested the two parties to the contract divide the proceeds in agreed snares, the share of the landowner constituting the rent ( ud̲j̲ra ) for the lease of his land. To comply with the…

ʿAḳār

(197 words)

Author(s): Ebied, R. Y. | Young, M. J. L.
(a.), a legal term denoting “immovable property”, such as houses, shops and land, as opposed to māl manḳūl (“movable property”). As such, ʿaḳār is identical with “realty” or “real property”. All property which is ʿaḳār is non-fungible ( ḳīmī ), but the two terms are not co-extensive, since animals, furniture, etc. are ḳīmī, although they do not constitute ʿaḳār. The owner of ʿaḳār is deemed also to be the owner of anything on it, over it or under it, to any height or depth, so that ownership of land includes ownership of minerals beneath it and buildings and plants ¶ on it. Like personalty, r…

Ibn Daḳīḳ al-ʿĪd

(256 words)

Author(s): Ebied, R. Y. | Young, M. J. L.
, Taḳī al-Dīn Abū ’l-Fatḥ Muḥammad b. ʿAlī b. Wahb b. Muṭīʿ b. Abi ’l-Ṭāʿa , jurist and traditionist who was born in S̲h̲aʿbān 625/July 1228 in Yanbuʿ in the Ḥid̲j̲āz (not in Lower Egypt as stated by Brockelmann), although his parents came from Manfalūṭ in Upper Egypt. He was brought up in Ḳūṣ in Upper Egypt, and travelled to Cairo and Damascus to hear ḥadīt̲h̲ s. He later taught jurisprudence according to the Mālikī and S̲h̲āfiʿī schools. He became a judge in 675/1295, and died in Cairo on 11 Ṣafar 702/6 October 1302. He wrote a number of books on fiḳh and ḥadīt̲h̲, including a work in twenty vo…

Buṭrus Karāma

(367 words)

Author(s): Ebied, R. Y. | Young, M. J. L.
, Christian Arab official and writer, the son of Ibrāhīm Karāma, was born in Ḥimṣ in 1774. Together with his father he was converted from the Greek Orthodox faith of the Karāma family to Greek Catholicism. As a result they were forced to migrate to Acre, where Buṭrus entered the service of the Pas̲h̲a ʿAlī al-Asʿad (1806). In 1811 he moved to Lebanon, where he was employed by the amīr Bas̲h̲īr al-S̲h̲ihābī [see bas̲h̲īr s̲h̲ihāb ii ] as a tutor to his sons and as head of his chancellery. After Bas̲h̲īr’s deposition in 1840, Buṭrus accompanied him t…

Handžić (al-K̲h̲ānd̲j̲ī)

(286 words)

Author(s): Ebied, R. Y. | Young, M. J. L.
, Muḥammad b. Muḥammad b. Ṣāliḥ b. Muḥammad , a leading Bosnian Muslim and Arabic author who was born in Saray Bosna about 1909. He received his early education in Bosnia, and his higher education at al-Azhar in Cairo, where he was admitted to the degree of al-ʿālimiyya . After this he performed the ḥad̲j̲d̲j̲ with his father, and returned to his native country to teach. He belonged to the Ḥanafī mad̲h̲hab , and followed the teachings of Ibn Taymiyya in fiḳh . He died at Saray Bosna on 29 July, 1944. During his short literary career he contributed both to the intemational literature of…

Ikrāh

(310 words)

Author(s): Ebied, R. Y. | Young, M. J. L.
(a.), a legal term denoting “duress”. The jurists distinguish two kinds: unlawful ( ikrāh g̲h̲ayr mas̲h̲rūʿ ), and lawful ( ikrāh bi-ḥaḳḳ ). Only the first of these is recognised by the Ḳurʾān ( lā ikrāh fi ’l-dīn , II, 256), and has legal effects. Unlawful duress may be of two degrees, being grave ( ikrāh tāmm or mulad̲j̲d̲j̲iʾ ) if it involves severe bodily harm, or slight ( ikrāh nāḳiṣ or g̲h̲ayr mulad̲j̲d̲j̲iʾ ) if it only involves verbal threats or minor buffets. Lawful duress, which has no legal effect, may take the form, for example, of a …

al-D̲j̲azarī

(298 words)

Author(s): Ebied, R. Y. | Young, M. J. L.
, S̲h̲ams al-Milla wa ’l-Dīn Abū l-Nadā Maʿadd b. Naṣr Allāh , ʿIrāḳī composer of maḳāmāt ; a native of D̲j̲azīrat al-ʿUmar, he died in 701/1301. His al-Maḳāmāt al-Zayniyya , which were written in 672/1273 for the author’s son Zayn al-Dīn Abu’l-Fatḥ Naṣr Allāh, are a good example of the imitations of the Maḳāmāt of al-Ḥarīrī. The external form of the work follows that of al-Ḥarīrī precisely: there are 50 maḳāmāt, most of which are named after towns. The various episodes are linked together by a common hero, Abū Naṣr al-Miṣrī, and a common narrator, called al-Ḳāsim…

Ḥinn

(151 words)

Author(s): Ebied, R. Y. | Young, M. J. L.
, an inferior species of d̲j̲inn [ q.v.]. Masʿūdī ( Murūd̲j̲ , iv, 11 = § 1340) states that many people believe that the Ḥinn are a sub-species of the d̲j̲inn who are of a weaker and lowlier kind, but condemns the belief in them as a delusion. Belief in the Ḥinn, is, however, accepted by the Druzes (see H. Guys, Théogonie des Druses , Paris 1863, n. 78, p. 106; Taḳsīm Ḏj̲abal Lubnān (Leeds Arab. MS 178, fol. 14b); C.F. Seybold, Die Drusenschrift : Kitāb Alnoqaṭ Waldawāir. Das Buch der Punkte und Kreise , Kirchhain 1902, 71), and they are occasionally mentioned elsew…

Binn

(283 words)

Author(s): Ebied, R. Y. | Young, M. J. L.
, a term of the Druze religion. In this, the Binn were conceived of as one of a number of earlier races or sects whose names are also mentioned in the Druze writings, such as the Rimm and the Ṭimm. The Binn were said to have been a group of inhabitants of Had̲j̲ar in the Yemen who believed in the message of S̲h̲aṭnīl, the incarnation of Ḥamza ¶ in the Age of Adam. According to the Druzes, the city was originally called Ṣurna (meaning “Miracle” according to Ḥamza), and S̲h̲atnīl came there from India. He called on the people to renounce polytheism and worship al-Ḥākim bi-Amr Allāh [ q.v.] as their sole…

Darb Zubayda

(1,225 words)

Author(s): al-Rashid, Saad A. | Young, M. J. L.
, the pilgrim highway running from al-ʿIrāḳ to the Holy Cities of the Ḥid̲j̲āz, named after Zubayda bint D̲j̲aʿfar [ q.v.], the wife of Hārūn al-Ras̲h̲īd. The main section of the Darb Zubayda, from Kūfa to Mecca, is something over 1,400 km. in length. The branch to Medina leaves the main road at Maʿdin al-Naḳira, which is also the point at which the road from Baṣra joins it. From Maʿdin al-Naḳira to Mecca the distance is about 500 km., and from the same point to Medina it is about 250 km. Between Maʿdin al-Naḳira and Mec…

al-Ḳurṭubī

(260 words)

Author(s): Ebied, R.Y. | Young, M.J.L.
, Yaḥyā b. ʿUmar b. Saʿdūn al-Azdī , poet and Mālikī jurist, born in Cordova in 486/1093. He travelled extensively in the east, visiting Cairo, Bag̲h̲dād and Damascus for the purpose of study. He died in Mawṣil on the ʿĪd al-Fiṭr in 567/1172. His chief surviving literary works are ¶ Dalāʾil al-aḥkām , ʿAḳīdat al-Imām ʿAlī , and the poem on Muslim religious observances, the Urd̲j̲ūzat al-wildān , also known as al-Muḳaddima al-Ḳurṭubiyya , for which he is best known. The Urd̲j̲ūza sets out in summary form the basic observances of the five “Pillars of Isla…

Isḳāṭ

(317 words)

Author(s): Ebied, R.Y. | Young, M.J.L.
(a.), a legal term meaning “relinquishment”, specifically of a right ( ḥaḳḳ ). In general, four conditions must be met to make the relinquishment of a right valid: (a) that the right should exist at the time it is relinquished (e.g. the right to collect a debt to be incurred in the future may not be relinquished); (b) that the right relinquished does not concern milk al-ʿayn (i.e. the ownership of the substance of a thing, whether movable or immovable, is not subject to relinquishment, but only to transfer, naḳl ); (c) that the interest of the person entitled to…

Māʾ

(34,897 words)

Author(s): Fahd, T. | Young, M.J.L. | Hill, D.R. | Rabie, Hassanein | Cahen, Cl. | Et al.
(a.) “water”. The present article covers the religio-magical and the Islamic legal aspects of water, together with irrigation techniques, as follows: 1. Hydromancy A a vehicle for the sacred, water has been employed for various techniques of divination, and in particular, for potamonancy (sc. divination by means of the colour of the waters of a river and their ebbing and flowing; cf. FY. Cumont, Études syriennes , Paris 1917, 250 ff., notably on the purification power of the Euphrates, consulted for divinatory reasons); for pegomancy (sc…