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(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…

(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…

, abū ʿamr ʿabd al-raḥmān b. ʿamr , the main representative of the ancient Syrian school of religious law. His nisba is derived from al-Awzāʿ, a suburb of Damascus, so called after a South Arabian tribe, or an agglomeration ( awzāʿ ) of clans, who lived there (Ibn ʿAsākir, Taʾrīk̲h̲ . Dimas̲h̲ḳ , ed. al-Munad̲j̲d̲j̲id, ii, 1954, 144; Yāḳūt, ¶ i, 403 f.). An ancestor of his had been made a prisoner in Yaman (al-Masʿūdī, Murūd̲j̲ , vi, 214). He seems to have been born in Damascus, and he did part of his studies at least in al-Yamāma, where he went in…

, ʿAbd Allāh b. ʿAbd al-Raḥmān b. ʿAbd Allāh Bahāʾ al-Dīn al-Hās̲h̲imī , born 694/1294 (or 698 or 700), died 769/1367, an important S̲h̲āfiʿī jurisconsult and grammarian. A native of Bālis [ q.v.] in Syria, he arrived destitute in Cairo, where his ability was recognized by his teacher in grammar, Abū Ḥayyān al-G̲h̲arnāṭī [ q.v.]. His main teachers in fiḳh were, among others, ʿAlāʾ al-Dīn al-Ḳōnawī (Brockelmann. II, 105; S II, 101) and the Chief Ḳāḍī D̲j̲alāl al-Dīn al-Ḳazwīnī (Subkī, Ṭabaḳāt , v, 238); having held various posts as substitute ḳāḍī ¶ ( nāʾib ), he bec…

(a.), an article found (more precisely: “picked up”). The leading principle in the Muslim law regarding articles lost and found may be said to be the protection of the owner from the finder, sometimes mingled with social considerations. The picking up of articles found is generally permitted, although it is sometimes also said to be more meritorious to leave them. The finder is bound to advertise the article which he has found (or taken) for a whole year unless it is of quite insignificant value…

, ʿāmir b. abī mūsā according to the accepted opinion one of the first ḳāḍīs of Kūfa. Apart from the fact that he was a son of Abū Mūsā al-As̲h̲ʿarī [ q.v.], little that can be considered authentic is known of his life and work. As a member of the Islamic aristocracy, it was only natural for him to be appointed as an official of the treasury (Ibn Saʿd); he also appears as one of the notables of Kūfa in 51/671, when he gave evidence against the followers of Ḥud̲j̲r b. ʿAdī [ q.v.] (Ṭabarī, II, 131 f.; Ag̲h̲ānī , xvi, 7), and again in 76/695-6, when he did homage to the Ḵh̲ārid̲j̲ī insurgent S̲h̲abīb b. Yazīd [ q…

, Abu ʿAlī Muḥammad al-Baṣrī , a Muʿtazilī theologian. After a slow start, he became the most distinguished disciple of Abū Hās̲h̲im (d. 321/933; see al-d̲j̲ubbāʾī ), first in al-ʿAskar and then in Bag̲h̲dād. He is the author of a Kitāb al-Uṣūl and a Kitāb al-S̲h̲arḥ ; he was also a man of letters and of general culture ( adab wa-maʿrifa ). He did not live to an old age, and therefore seems to have died before the middle of the 4th/10th century. Two of his disciples, who also studied under Abū Hās̲h̲im and in their turn were teachers of the ḳāḍī ʿAbd al-D̲j̲abbār b. Aḥmad [ q.v.], were Abū ʿAbd Allāh…

(a.), lit. increase, as a technical term, usury and interest, and in general any unjustified increase of capital for which no compensation is given. Derivatives from the same root are used in other Semitic languages to describe interest. A. In classical Islamic law. 1. Transactions with a fixed time limit and payment of interest, as well as speculations of all kinds, formed an essential element in the highly developed trading system of Mecca (cf. Lammens, La Mecque à la veille de l’hégire , 139 ff., 155 ff., 213-14). Among the details given by the Muslim…

, i.e., Abū Yaʿḳūb Isḥāḳ b. Ibrāhīm b. Mak̲h̲lad b. Ibrāhīm al-Ḥanẓalī al-Marwazī , a prominent traditionist. His father was called Rāhwayh because he had been born on a road. Ibn Rāhwayh himself was born in Marw in 161/778 or 166/782-3, travelled in ʿIrāḳ, Ḥid̲j̲āz, Yemen and Syria, visited Bag̲h̲dād more than once and finally settled in Nīsābūr where he died in 238/853; his tomb became a place of pilgrimage. He heard traditions from ʿAbd Allāh b. al-Mubārak (Brockelmann, S I, 256), Sufyān b. ʿUyayna [ q.v.], Wakīʿ b. al-D̲j̲arrāḥ, an authority of al-Buk̲h̲ārī, and Ḏj̲arīr b. ʿA…

al-Ḳaṣabī (also al-T̲h̲aḳafī), a prominent Muʿtazilī theologian and ascetic of the school of Bag̲h̲dād, d. 234/848-9. He was a disciple of Abū Mūsā al-Murdār, and to some slight degree also influenced by al-Naẓẓām [ q.v.] of Baṣra. Little is known of his life except some anecdotes about his abnegation of the world, and the information that he introduced the Muʿtazilī doctrine to ʿĀna [ q.v.], and held disputations with Bis̲h̲r b. G̲h̲iyāt̲h̲ al-Marīsī [ q.v.]. He is the author of numerous works on fiḳh and kalām (al-K̲h̲ayyāṭ 81; Fihrist 37) and he had numerou…

, Abu ʿAbd Allāh ʿAbd al-Raḥmān b. al-Ḳāsim b. K̲h̲ālid b. D̲j̲unāda al-ʿUtaḳi , the most prominent disciple of Mālik b. Anas [ q.v.], and considered the most reliable transmitter of Mālik’s opinions. He was a mawlā affiliated to the descendants of the ʿUtaḳāʾ, a band of robbers who had been captured and subsequently manumitted by Muḥammad. He was born in 128/746 or, more probably, in 132/749 in Ramla, and died in Cairo in 191/806. He is reported to have studied with Mālik for twenty years, and he was the mai…

(a.), denotes in classical Islamic law a slave-girl who has borne her master a child. 1. The pre-Islamic period The master’s right to take his slave-girls as concubines was recognised by Muhammad in continuation of a general practice of Arab paganism. In regard to the position of the children of such unions, a change of view had been perceptible among the Arabs in the period just before the coming of Islam. In place of the previous unrestrictedness in marriage and concubinage, a certain decree of regulation had gr…

, Muḥammad b. Muḥammad al-S̲h̲āfiʿī , a writer on Islamic dogmatics and teacher of al-Bād̲j̲ūrī [ q.v.], d. 1236/1821. Both of his works, Kifāyat al-ʿAwāmm fīmā yad̲j̲ib ʿalayhim min ʿilm al-kalām , and a commentary on the profession of monotheism, Risāla ʿalā lā ilāha illa ’llāh , have been commented upon by al-Bād̲j̲ūrī and have been often printed together with the commentaries. (J. Schacht) Bibliography Brockelmann, II, 641 S II, 744 D. B. Macdonald, in EI 1, s.v. translations of his Kifāya by Macdonald, Development of Muslim theology, etc., 1903, 315 ff., and by M. Horten, Muhammedanis…

, injunction, command; thence: obligation, engagement; thence: agreement, covenant, treaty. The term (as well as the 1st and the 3rd forms of the corresponding verb) occurs frequently in the Ḳurʾān. It is used there over the whole range of its meanings, of Allāh’s covenant with men and His commands, of the religious engagement into which the believers have entered, of political agreements and undertakings of believers and unbelievers towards the Prophet and amongst each other, and of ordinary ci…

, Naṣr b. Muḥ. b. Aḥmad b. Ibrāhīm , known as Imām al-Hudā , a Ḥanafī theologian and jurisconsult of the 4th/10th century. The date of his death is variously given as between 373/983-4 and 393/1002-3. He must not be confused with his slightly older contemporary al-Ḥāfiẓ al-Samarḳandī, whose name was also Abu ’l-Layt̲h̲ Naṣr. The oldest known biographical source, ʿAbd al-Ḳādir (d. 775/1373), attributes to this latter person some of the main works that generally go under the name of the Imām al-Hudā, but this seems to be a mistake. Abu ’l-Layt̲h̲ was a very success…

(a.), a mistake, which is made in thought, speech or action (a fault which one has is called ʿayb ), the opposite of ṣawāb , what is correct; hence in the field of knowledge, error; in that of action, omission, failure, all this, of course, unintentional. From the last meaning develops that of wrong which one commits, transgression; whether this is to be regarded as unintentional or—as in k̲h̲aṭīʾa and k̲h̲iṭʾ —deliberate (sc. a sin) is a disputed point with the lexicographers. K̲h̲aṭāʾ and k̲h̲aṭʾ (the latter is found only in the Ḳāmūs , so that it is hardly class…

, Sayyid Aḥmad b. Zaynī , born in Mecca towards the beginning of the 19th century, was from 1288/1871 Muftī of the S̲h̲āfiʿīs and S̲h̲ayk̲h̲ al-ʿUlamāʾ (head of the corporation of scholars and therefore of the body of teachers in the Ḥaram ) in his native city. When the Grand S̲h̲arīf ʿAwn al-Rafīḳ, because of a dispute with the Ottoman Governor ʿUt̲h̲mān Pas̲h̲a, removed himself to Madīna, Daḥlān followed him there but died soon afterwards from the fatigue of the journey in 1304/ 1886. Particularly in his later ye…

, pl. of ḥukm , decision, judgment. [See also ḥakam.] In the Ḳurʾān, the word occurs onl in the singular, and is used (as is the corresponding verb) of Allāh, the Prophets, and other men. Used of Allāh, it denotes both individual ordinances and the whole of His dispensation (iii, 79; xlv, 16; lx, 10). In the ultimate sense, final jurisdiction belongs to Allāh alone [see al-muḥakkima], but He has given authority to make decisions to His Prophets. The jurisdiction of Muḥammad, in particular, is opposed to that of paganism (v, 50). So ḥukm comes to mean the authority, imperium, of the Isla…

, Abū Ḥafṣ ʿUmar b. Isḥāḳ b. Aḥmad al-G̲h̲aznawī al-Dawlatābādī al-Hindī al-Ḥanafī Sirād̲j̲ al-Dīn, celebrated faḳīh , more commonly known by the nisba al-Hindī. Born in India ca. 704/1304-5, he studied fiḳh in Dihlī with Wad̲j̲īh al-Dīn al-Dihlawī al-Rāzī, S̲h̲ams al-Dīn al-Dūlī al-K̲h̲aṭīb, Sirād̲j̲ al-Dīn al-T̲h̲aḳafī al-Dihlawī, Rukn al-Dīn al-Badā’ūnī, pupils of Abu ’l-Ḳāsim al-Tanūk̲h̲ī (d. 670/1271-2), and ḥadīt̲h̲ in Cairo with Aḥmad b. Manṣūr al-D̲j̲awharī and others. Having made the pilgrimage to Mecca, where he also studied, he came to Egypt in ca. 740/1339-40 where…

(a.), court. The subject-matter of this article is the administration of justice, and the organisation of its administration, in the Muslim countries, the office of the judge being dealt with in the art. ḳāḍī . The following topics are covered: 1. General The judicial functions of the Prophet, which had been expressly attributed to him in the Ḳurʾān (IV, 65, 105; V, 42, 48-9; XXIV, 48, 51), were taken over after his death by the first caliphs, who administered the law in person in Medina. Already under ʿUmar, the expansion of the Islami…