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Tadbīr

(898 words)

Author(s): Heffening
(a.), Maṣdar of the second stem of the root d-b-r. 1. With the meaning of „direction, administration”. The Arabic lexicographers explain dabbara as a verb from the noun dubur “the hindmost, the end” (opposite: ḳubul); thus we read in the Lisān, v. 358: an tanẓura ilā mā taʾūlu ilaihi ʿāḳibatahu, “to heed what one attains at the end of a matter”, or yanẓuru fī ʿawāḳibihi, “to heed the end of a matter”. This verb has now a double application: a. in the sense of government, administration (e. g. in the title of a work by Ibn Abi ’l-Rabīʿ, Sulūk al-Mālik fī Tadbīr ’l-Mamālik [cf. siyāsa]) and b. which c…

ʿIbādāt

(361 words)

Author(s): Heffening
(a., pl. of ʿibāda), the ordinances of divine worship. The term ʿibāda is already found in the Ḳorʾān in this sense (e.g. Sūrā x. 30; xviii. 110; xix. 66 and passim) but is only very rarely applied to the worship of idols (e.g. Sūra xix. 85; xlvi. 5).— Under this general head is comprised the first part of the works on law in Islām: ṭahāra, ṣalāt, zakāt, ṣawm, ḥad̲j̲d̲j̲ and sometimes also d̲j̲ihād. According to al-ʿAbbādī ( al-Ḏj̲awhara al-naiyira, Constantinople 1323, i. 146) the mas̲h̲rūʿāt are divided into five groups: 1. the articles of the creed; 2. the ʿibādāt; 3. the muʿāmalāt which inc…

al-Kāsānī

(580 words)

Author(s): Heffening
, Abū Bakr b. Masʿūd b. Aḥmad ʿAlāʾ al-Dīn Malik al-ʿUlamā, Ḥanafī jurist, also wrongly called al-Kās̲h̲ānī; his nisba is derived ¶ from Kāsān, “a place beyond al-S̲h̲ās̲h̲” (Ḳuras̲h̲ī, Ibn Duḳmāḳ), i. e. in Ferg̲h̲āna, north of the Saiḥūn; cf. Mustawfī, Nuzhat al- Ḳulūb, p. 246; Samʿānī, fol. 417r; Yāḳūt, iv. 227. He was a pupil of ʿAlāʾ al-Dīn Muḥammad b. Aḥmad b. Abī Aḥmad al-Samarḳandī (d. 539 =1144) and married his daughter Fāṭima known as Faḳīha, giving his commentary on the Tuḥfa of his master as a bridal gift. He lived at first at the Sald̲j̲ūḳ court but was forced to…

al-S̲h̲īrāzī

(553 words)

Author(s): Heffening
, Abū Isḥāḳ Ibrāhīm b. ʿAlī b. Yūsuf al-Fīruzābādī, a S̲h̲āfiʿī jurist, born in Fīrūzābād in 393 (1003). To study Fiḳh he went to S̲h̲īrāz in 410, then to Baṣra and in S̲h̲awwāl 415 (Dec. 1024) reached Bag̲h̲dād, where he completed his studies in the Uṣul with Abū Hatim al-Ḳazwīnī (d. 440) and in the Furūʿ with Abu ’l-Ṭaiyib al-Ṭabarī (d. 450). In 430 (1038/1039) he began to teach in Bag̲h̲dād (Subkī, ¶ iii. 177); the fame of his learning soon became so great that students sat at his feet from all over the Muslim world. Many of his pupils held offices as Ḳāḍīs and p…

Wilāya

(1,341 words)

Author(s): Heffening
(a.), a maṣdar from waliya “to have power over something”, according to others a substantive like ṣināʿa; a general term for any “conferment of power”, authorisation. Ḏj̲urd̲j̲ānī, Taʿrīfāt, p. 275, defines it as the “carrying through of a decision affecting a third person whether the latter wishes or not”. I. In constitutional law it means the sovereign power (= sulṭān; Ibn al-Sikkīt [d. 243 = 857], in Lisān, s. v.) or the power delegated by the sovereign, the office of a governor, a wālī. The wilāya is derived from Sūra iv. 62: “O ye who believe, obey God and obey the Prophet …

al-S̲h̲aibānī

(631 words)

Author(s): Heffening
, Abū ʿAbd Allāh Muḥammad b. al-Ḥasan b. Farḳad, Mawlā of the Banū S̲h̲aibān, a Ḥanafī jurist, born at Wāsiṭ in 132 (749/750). Brought up in al-Kūfa, he studied at the early age of fourteen under Abū Ḥanīfa, under whose influence he devoted himself to raʾy. At twenty he is said to have lectured in the mosque of al-Kūfa. He extended his knowledge of ḥadīt̲h̲ under Sufyān al-T̲h̲awrī (d. 161), al-Awzāʿī (d. 157) and others and especially Mālik b. Anas (d. 179), whose lectures he attended for over three years in Medīna. His training in Fiḳh, …

al-Nasafī

(714 words)

Author(s): Heffening
, Ḥāfihẓ al-Dīn Abu ’l-Barakāt ʿAbd Allāh b. Aḥmad b. Maḥmūd, an important Ḥanafī legist and theologian, born in Nasaf in Sogdiana, was a pupil of S̲h̲ams al-Aʾimma al-Kardarī (d. 642 = 1244—1245), Ḥamīd al-Dīn al-Ḍarīr (d. 666 = 1267—1268) and Badr al-Dīn Ḵh̲wāherzāde (d. 651 = 1253). He taught in the Madrasa al-Ḳuṭbīya al-Sulṭānīya in Kirmān, came in 710 to Bag̲h̲dād and died in Rabīʿ I 710 (August 1310; according to Ḳuras̲h̲ī and Ibn Tag̲h̲rībirdī: ¶ 701) apparently on his way back to Īd̲j̲ad̲j̲ (in Ḵh̲ūzistān), where he was buried. His pupils were Muẓaffar al-Dīn Ib…

Muwallad

(248 words)

Author(s): Heffening
(a.) means properly one born of non-Arab parents but brought up among Arabs. This is how it is usually to be translated in the Ḥadīt̲h̲ (e. g. Mālik, Nikāḥ, bāb 42). Later it was used to distinguish from the new convert the children of converts, who were brought up in Islām. The common translation “renegade” is wrong as is the adoptado of Pedro de Alcala. In theory they had equal rights with the old Muslims but the caliph ʿOmar in the interest of the state’s finances ordered that they should pay the land-tax ( k̲h̲arād̲j̲) while the old Muslims only paid a tenth of the yield. The muwalla…

al-Marg̲h̲īnānī

(782 words)

Author(s): Heffening
, the name of two families of Ḥanafī lawyers, nisba from their native town and the scene of their activities Marg̲h̲īnān in Farg̲h̲āna. I. 1. The most important was Burhān al-Dīn Abu ’l-Ḥasan ʿAlī b. Abī Bakr b. ʿAbd al-Ḏj̲alīl al-Farg̲h̲ānī al-Marg̲h̲īnānī, the author of the celebrated Hidāya. He acquired his knowledge on his travels, then still the usual way of studying in Islām. His principal teachers were Nad̲j̲m al-Dīn Abū Ḥafṣ ʿUmar b. Muḥammad b. Aḥmad al-Nasafī († 537 = 1142—1143), al-Ṣadr al-S̲h̲ahīd Ḥusām al-Dīn ʿOmar b. ʿAbd al-ʿA…

ʿUrs

(10,235 words)

Author(s): Heffening
, ʿUrus (a., Pl. aʿrās and ʿurusāt), originally the leading of the bride to her bridegroom, marriage, also the wedding feast simply; whence a denominal verb iv. Aʿrasa “to celebrate a marriage”. ʿArūs means both bridegroom and bride; in modern linguistic usage this term has however been supplanted by ʿarīs “bridegroom” and ʿarūsa “bride” (as early as the 1001 Nights, cf. Dozy, Supplément), Two kinds of weddings have to be distinguished: ʿurs is the wedding performed in the tribe or the house of the man, and ʿumra is the wedding performed in the house or tribe of the woman (this d…

Ṭabaḳāt

(922 words)

Author(s): Heffening
, “book of categories”. The word means when used of place: “similar, lying above one another” and with regard to time: “similar, following one another”; e.g. Sūra lxvii. 3; lxxi. 14, of the seven heavens placed one above the other; also the “storey” of a house (glossary to Idrīsī, Description de l’Afrique, ed. Dozy and de Goeje, Leyden 1866, p. 338; Sobernheim, inscr. N°. 41, in M. I. F.A.O., xxv.; Fagnan, Additions, s. v.); ṭabaḳāt al-ʿain “the successive skins of the eye” (Ḵh̲wārizmī, Mafātīḥ, p. 154). With reference to time, it means especially “generation” (the lexicographers give ḳarn

al-Ḳazwīnī

(233 words)

Author(s): Heffening
, Abū Ḥātim Maḥmūd b. al-Ḥasan al-Ṭabarī, a S̲h̲āfiʿī jurist, teacher of al-S̲h̲īrāzī. He belonged to Āmul in Ṭabaristān where he began his studies. In Bag̲h̲dād he studied under Abū Ḥāmid al-Isfarāʾinī († 406), the law of inheritance under Ibn al-Labbān († 402) and the Uṣul under Ibn al-Bākillānī († 403). He taught in Bag̲h̲dād and Āmul in 440 (1048/49). Al-S̲h̲īrāzī describes him as his best teacher. Of his works the following are mentioned: 1) Kitāb Tad̲j̲rīd al-Tad̲j̲rīd, a synopsis of the legal work of the same name by al-Maḥāmilī († 415); 2) Rawnaḳ, a synopsis of the Lubāb al-Fiḳh of al…

al-Nawawī

(966 words)

Author(s): Heffening
(or al-Nawāwī), Muḥyī al-Dīn Abū Zakarīyāʾ Yaḥyā b. S̲h̲araf b. Murī [following Nawawī’sown spelling, Suyūṭī, fol. 53b] b. Ḥasan b. Ḥusain b. Muḥammad b. Ḏj̲umʿa b. Ḥizām al-Hihẓāmī al-Dimas̲h̲ḳī, a S̲h̲āfiʿī jurist, born in Muḥarram 631 (Oct. 1233) in Nawā south of Damascus in Ḏj̲awlān. The ability of the boy very early attracted attention and his father brought him in 649 to the Madrasa al-Rawāḥīya in Damascus. There he first of all studied medicine but very soon went over to Islāmic learning. In 651 he made the pilgrima…

al-Ṭabarī

(967 words)

Author(s): Heffening
, nisba from Ṭabaristān; most of the bearers of the nisba have come from Āmul, the capital of this province. This nisba is also wrongly referred to Ṭabarīya (Tiberias) in place of the correct al-Ṭabarānī (cf. Samʿānī, Ansāb, fol. 366b; Tād̲j̲ al-ʿArūs, iii. 355). 1. Abu ’l-Ṭaiyib al-Ṭabarī, Ṭāhir b. ʿAbd Allāh b. Ṭāhir, a S̲h̲āfiʿī jurist, teacher of Abū Isḥāḳ al-S̲h̲īrāzī and of al-Ḵh̲aṭīb al-Bag̲h̲dādī; al-S̲h̲īrāzī who attended his lectures for over ten years, praises him as his best teacher. Al-Ṭabarī was born in Āmul in the year 348 (959/960). At the age of 14 he began his studies in fiḳh

Tid̲j̲āra

(4,871 words)

Author(s): Heffening
(a.), trade, commerce; maṣdar from tad̲j̲ara, “to trade”, which again is a denominal verb from tād̲j̲ir “a merchant”. Like many terms in Arab commercial language, tād̲j̲ir is an old Aramaic loanword (cf. e. g. Syr. and “merchant”, derived from the verb , which again comes from “price, reward”) which is found as early as the pre-Muḥammadan period. Apart from; the fact that the root t-d̲j̲-r has remarkably few derivatives in Arabic, the fact that the word tād̲j̲ir originally had the limited meaning of “wine-merchant” suggests its foreign origin. The earliest Aramaic merch…

Taʿzīr

(1,109 words)

Author(s): Heffening
(a.), punishment, intended to prevent the culprit from relapsing, to reform him ( li ’l-taṭhīr).— The Ḳurʾān does not know this kind of punishment; on the contrary it classifies several transgressions afterwards punished with taʿzīr merely as sins, e. g. slander, for which there is no ḥadd punishment (Sūra iv. 112) and the bearing of false witness (Sūra ii. 283; iv. 134). Tradition has very little to record about it. According to one tradition of ʿAbd Allāh b. ʿOmar, in the time of the Prophet, those who bought provisions wholesale without …

al-S̲h̲āfiʿī

(2,076 words)

Author(s): Heffening
, al-Imām Abū ʿAbd Allāh Muḥmmad b. Idrīs, the founder of the S̲h̲āfiʿī school of law. A great mass of legend has grown up around his life and it is difficult to sift out the really historical matter. The chronology in particular offers great difficulties. The early sources are very scanty. Al-Masʿūdī (d. 345) is the first historian to mention him. The only authentic documents are the Waḳf grant of his two houses in Mecca of Ṣafar 203 (Aug. 818; Umm, vi. 179 = Kern in M. S. O. S. As., 1904, p. 55), his will of S̲h̲aʿbān 203 (Feb. 819; Umm, iv. 48 = Kern in M. S. O. S., As., 1904, p. 59) and the Waḳf gran…

Waḳf

(7,773 words)

Author(s): Heffening
or Ḥabs (a.) is properly an Arabic maṣdar meaning “to prevent, restrain”. In Muslim legal terminology it means primarily “to protect a thing, to prevent it from becoming the property of a third person ( tamlīk)” (Sarak̲h̲sī. Mabsūṭ, xii. 27). By it is meant I. state land, which on being conquered passed to the Muslim community either by force or by treaty and remained in possession of the previous owners on payment of the k̲h̲arād̲j̲ and could neither be sold nor pledged by them (cf. e. g. Mawardī, Aḥkām, ed. Enger, p. 237 sq.) and 2. commonly a pious endowment, which is defined in vari…

al-Sarak̲h̲sī

(391 words)

Author(s): Heffening
, S̲h̲ams al-Aʾimma Abū Bakr Muḥammad b. Aḥmad b. Abī Sahl, the most important Ḥanafī lawyer of the fifth century in Mā warāʾ al-Nahr. Little is known of his life. Probably born in Sarak̲h̲s, he studied under ʿAbd al-ʿAzīz al-Ḥalwānī († 448 = 1056) in Buk̲h̲ārā. He then came to the court of the Ḳarak̲h̲ānids in Uzd̲j̲and. There he was thrown into prison by the Ḵh̲aḳān Ḥasan, probably because he alone of all the ʿUlamāʾ stigmatised as illegal the conduct of the ruler when he married his manumitted umm walad’s without observing the ʿidda. Here he languished for over ten years and dictated…

al-Muzanī

(699 words)

Author(s): Heffening
, Abū Ibrāhīm Ismāʿīl b. Yaḥyā (in the Fihrist: Ibrāhīm), a pupil of al-S̲h̲āfiʿī, the “champion” of the S̲h̲āfiʿī school of law, was born in 175 (791—792) and lived in Miṣr. Although he compiled a celebrated compendium ( muk̲h̲taṣar) of the writings and lectures of his teacher, he was an independent thinker, who differed from his master on many points but not on the fundamentals ( uṣūl), as the Muk̲h̲taṣar eloquently shows (for example his master’s views are bluntly described as wrong: iv. 26; v. 20 etc.). There is even mention of a special mad̲h̲hab of Muzanī (Subḳī, i. 243; Nawawī); i…
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