Basic Vocab Flashcards
(20 cards)
qadi, qazi
judge in an Islamic court
indemnification
to give (someone) money or another kind of payment for some damage, loss, or injury
ta’zir
?
hadd
fixed penalty, prescribed Islamic punishment
mufti/fatwas
jurisconsult, a learned man empowered to deliver formal legal opinions (fatwas)
nushuz
the state of disobedience of a wife, following which the husband is not bound to maintain her
qadhf
calumny, false accusation of fornication
mutun
the textbooks that sum up the doctrine of a legalschool
mahr
the dower; the gift or collection of gifts given to the bride by the husband, without which the marriage is not valid
khul’
divorce at the instance of the wife, who must pay a compensation or otherwise negotiate an agreement acceptable to her husband
khalwa
a period of privacy, perhaps quite brief, shared by a man and a woman, usually assumed to include intercourse
fatwa
a legal opinion, usually delivered by a mufti, that pronounces on specific points, but not necessarily a specific situation, often as a result of apetition or inquiry
fuqaha (pl), faqih
jurisprudent or legal thinker
faskh
annulment of the marriage contract
diya
financial compensation for wounds or loss of life; blood money for voluntary or involuntary homicide, which the perpetrator can be required to pay to the relative of the victim as satisfaction
‘aqil
rational, in full possession of the mental faculties
ijtihad
Process of deriving fiqh from direct engagement with religious texts was known as ijtihad.
Ijtihad - deriving fiqh from four “sources”: Qur’an, hadith literature, consensus (ijma), and juristic logic (qiyas)
High ranking jurists only! Interpreting god’s texts requires big guns - mujtahid
tawatur
- the determining of accuracy of a hadith report
IJMA
- Establishing certainty of interpretation by juristic consensus
God protects muslim community from erring
if a jurist presents something and everyone agrees on it, it goes up in certainty levels.
NOT A SOURCE WHERE RULINGS ARE DERIVED - just where certainty is established
Problem: how do you know when there’s an ijma? Which kinds of jurists have to agree?
Most jurists: each generation has its own scholars that make up ijma and whatever the ijma was on topic x, it applies from here on out. It is deferred to later on - it can’t be overruled.
Ibn Taymiyya: only ijma from first generation of muslims counts! all the new scholarly ijma is persuasive, but not binding [this was accepted in Egypt by the SCC which meant fewer rulings had to be obeyed - only those made by P’s companions now]
Maqasid
Necessaries: clear qur’an prefers these. no law of sharia could ever lead to loss of these:
religion self property children reason
(later, ird - honor, added)
