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Mayta

(1,784 words)

Author(s): Schacht, J.
(a.), feminine of mayt , dead (used of irrational beings); as a substantive it means an animal that has died in any way other than by slaughter. In later terminology, the word means firstly an animal that has not been slain in the ritually prescribed fashion, the flesh of which therefore cannot be eaten, and secondly all parts of animals whose flesh cannot be eaten, whether because not properly slaughtered or as a result of a general prohibition against eating them. In addition to sūra XXXVI, 33, where mayta appears as an adjective, the word occurs in the foll…

Ibn Ḳāḍī S̲h̲uhba

(317 words)

Author(s): Schacht, J.
, an appellation of members of a family of religious scholars from Damascus called so after an ancestor who had been ḳāḍī of S̲h̲uhba in Ḥawrān. 1. The most widely known member of this family is Abū Bakr b. Aḥmad b. Muḥammad b. ʿUmar , Taḳī al-Dīn, known as an author of biographical works, although his main reputation during his lifetime rested on fiḳh . He was born in 779/1377, and he died suddenly and painlessly in 851/1448. His most senior teacher was Sirād̲j̲ al-Dīn al-Bulḳīnī [ q.v.]. He taught at a number of madrasas in Damascus, was an inspector of the Nūrī hospital there, became a ḳāḍī and fi…

Alti̊̊ Parmak

(314 words)

Author(s): Schacht, J.
("the man with six toes"), muḥammad b. muḥammad , Turkish scholar and translator. He was born in Üsküp, where he studied and joined the ṣūfī ṭarīqa of the Bayramiyya [ q.v.], became a preacher ( wāʿiẓ ) and teacher in Istanbul and later in Cairo, where he died in 1033/1623-24. (1) His main work is the Dalāʾil-i Nubuwwat-i Muḥammadī wa-S̲h̲amāʾil-i Futuwwat-i Aḥmadī , a translation of the Persian Maʿārid̲j̲ al-Nubuwwa by Muʿīn al-Dīn b. S̲h̲araf al-Dīn Farāhī, known as Mullā Miskīn (d. 907/1501-02); there are numerous manuscripts in Istanbul,…

Ḥad̲j̲r

(674 words)

Author(s): Schacht, J.
(a.), literally prevention, inhibition, is the technical term for the interdiction, the restriction of the capacity to dispose. The term expresses both the act of imposing this restriction and the resulting status; a person who is in this status is called maḥd̲j̲ūr (abbreviated from maḥd̲j̲ūr ʿalayh ). Subject to ḥad̲j̲r are (a) the minor, (b) the insane, (c) the irresponsible, and in particular the spendthrift, (d) the bankrupt, (e) a person during his mortal illness, and (f) the slave. Whether ḥad̲j̲r comes into being automatically or needs to be imposed by the ḳāḍī

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…

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…

Ibn ʿĪsā

(343 words)

Author(s): Schacht, J.
, Maḥammad (sic) b. Aḥmad b. ʿĪsā al-Ṣanhād̲j̲ī , Abū ʿAbd Allāh , a Moroccan man of letters (to be distinguished from his homonym, Abū ʿAbd Allāh Muḥammad b. Aḥmad b. ʿĪsā al-Mag̲h̲ribī, d. in Damascus in 1016/1607; Brockelmann, ¶ S II, 334). His father, who died in 955/1548-9, was also a renowned man of letters. Ibn ʿĪsā, “no mean poet and a superb prose stylist”, was secretary of the sultans ʿAbd Allāh al-G̲h̲ālib bi ’llāh (964-81/1557-74) and Abū Marwān ʿAbd al-Malik (983-6/1576-8), became wazīr al-ḳalam al-aʿlā , “First Secretary of State”, to the sultan Aḥmad al-Manṣūr al-D̲h̲ahabī ([ q…

Ibn al-Ḳaysarānī

(790 words)

Author(s): Schacht, J.
(the nisba refers to Ḳaysāriyya, Caesarea in Palestine; see Samʿānī, Kitāb al-Ansāb , s.v. al-Ḳaysārī). The following persons are known under this name: 1. Abu ’l-Faḍl Muḥammad b. Ṭāhir b. ʿAlī b. Aḥmad al-Maḳdisī al-S̲h̲aybānī . a specialist in traditions. He was born in Jerusalem in 448/1058, studied in Bag̲h̲dād from 468/1075 onwards, and travelled widely in the eastern part of the Islamic world in order to collect traditions. Being an indefatigable walker, he made all his journeys in search of traditions…

Ibn Buṭlān

(1,504 words)

Author(s): Schacht, J.
, al-Muk̲h̲tār (or Yuwānīs = Johannes) B. al-Ḥasan b. ʿAbdūn b. Saʿdūn b. Buṭlān , a Christian physician and theologian of Bag̲h̲dād. He was the foremost disciple of the Christian priest, philosopher and physician, Ibn al-Ṭayyib [ q.v.], and Ibn Buṭlān himself was certainly a Nestorian cleric and probably a priest. He used to teach medicine and philosophy in Bag̲h̲dād, but left his native city in Ramaḍān 440/January 1049 for a journey which took him by way of Raḥba, Ruṣāfa, Aleppo, Antioch, Laodicea and Jaffa to Cairo, where he arr…

Ibn Nud̲j̲aym

(574 words)

Author(s): Schacht, J.
(so called after a remote ancestor), Zayn al-Dīn (or al-ʿĀbidīn ), or simply Zayn b. Ibrāhīm b. Muḥammad b. Muḥammad b. Muḥammad al-Miṣrī , a distinguished Ḥanafī scholar. Little is known of the events of his life, except that he was born in Cairo in 926/1520, studied the usual subjects of Islamic and Arabic learning, started to teach and to give fatwās at an early age while his teachers were still alive, performed the had̲j̲d̲j̲ in 953/1547, taught at the madrasa of the amīr Ṣarg̲h̲itmis̲h̲, and died in 970/1563, when he had not yet…

ʿIkrima

(538 words)

Author(s): Schacht, J.
, a distinguished member of the generation of Successors ( tābiʿūn ), and one of the main transmitters of the traditional interpretation of the Ḳurʾān attributed to Ibn ʿAbbās. He was a slave of Ibn ʿAbbās, to whom he was supposed to have been given when he was governor of Baṣra, and manumitted by his son ʿAlī; he is therefore also often called a mawlā of Ibn ʿAbbās. He is sometimes counted among the Successors of Mecca, sometimes among those of Medina. He travelled a good deal, and his presence is attested in Mecca and Medina, Egypt, S…

Abu ’l-Suʿūd

(732 words)

Author(s): Schacht, J.
Muḥammad b. Muḥyi ’l-Dīn Muḥ. b. al-ʿImād Muṣṭafā al-ʿImādī , known as Ḵh̲od̲j̲a Čelebi (Hoca Çelebi), famous commentator of the Ḳurʾān, Ḥanafī scholar and Shayk̲h̲ al-Islām, born 17 Ṣafar 896/30 December 1490, died 5 Ḏj̲umādā I 982/23 August 1574. His father, a native of Iskilīb (Iskilip, west of Amasia) had been a notable scholar and ṣūfī. Abu ’l-Suʿūd began his career as a teacher, being eventually promoted to one of the "Eight Madrasas" of Sulṭān Muḥammad II. In 939/1533 he was appointed ḳāḍī , first in Brūsa (Bursa), then in Istanbul; in 944/1537 he became ḳāḍī ʿasker

Rahn

(512 words)

Author(s): Schacht, J.
(a.), pledge, security; rāhin , the giver and murtahin , the taker of the pledge. The Ḳurʾān (II, 283), obviously in confirmation of pre-Islamic legal usage, provides for the giving of pledges ( rihānun maḳbūḍa ) in business in which a definite period is concerned, if the preparation of a written document is impossible. The part here played by the security as evidence of the existence of an obligation is in Islamic law much less important than that of securing the fulfilment of a demand. From the latter point of view, the traditions are mainly concerned with two questions: a. whether the secu…

Aḥmad

(566 words)

Author(s): Schacht, J.
, one of the names of the Prophet Muḥammad and a proper name used by Muslims. Formally, it is the elative of Maḥmūd or Ḥamīd and means “more, or most, worthy of praise”, or, less probably, of Ḥāmid, in which case it would mean "praising [God] to a higher, or the highest, degree”. As a proper name it is, however, distinct from the other, etymologically connected forms, including the name Muḥammad. It occurs occasionally, and less frequently than Muḥammad, among the pre-Islamic Arabs. In the Ṣafāi…

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…
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