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al-'adl |
Straightness,
justice, fairness, equitableness. Tech (consists of
two elements): first, that a sort of balance and proportion
should be maintained between the people with respect to
their rights; second, that everyone's due share should be
conscientiously rendered to that person. What justice (adl)
really demands is balance and proportion, rather than
equality in the rights of citizenship. In certain respects,
equality is quite contrary to justice, such as in the moral
and social equality between parents and their children or in
the equality of remuneration between those doing higher
services and those not so eminently engaged. What Allah has
ordained is proportion and balance in the equality of
rights. This order requires that to every person should be
honestly rendered all moral, social, economic, legal,
political and civil rights. Al-adl is a mother virtue
in a Muslim society. Individuals and society as a whole have
been exhorted to observe justice in all their dealings.
Ant: al-zulm, which is to deprive one of one's rightful
and just share.
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African
Arabian Islamic Bank (AAIB) |
An
international bank registered in the Bahamas and entirely
owned by private Muslim individuals, the bank claims to
conduct its operations on the basis of the Shariah. It
offers services in syndicated interest-free loans,
international investment, technology transfer, trade,
commodities and currency trade and development funding.
Perhaps the most prestigious of the bank's recent (1984)
involvements is the multimillion dollar monorail scheme
linking Calgary to Edmonton (Canada). Similarly the bank is
arranging financial and trading services for Powell
Chemicals of the United States for Arabian Express Card-the
first consumer discount and travel protection card in the
Arab World-and for various other activities, such as gold
and diamond mining in West Africa, wind-mill technology in
Salt Lake city and tar-sand technology in Canada.
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al- 'afw |
Surplus.
Tech: The expression appears in the Quran (2:219),
wherein people have been instructed to spend in the cause of
Allah whatever is over and above their needs. Some people
have also applied the concept of al-afw to the canons
of taxation in the Islamic economy. According to them, the
Islamic state should tax a person on the income or wealth
which is over and above the basic needs of individuals.
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Agreement
for Promotion, Protection and Guarantee of Investments among
Member States of the Islamic Conference |
Initiated by
Saudi Arabia in 1981 to supplement and make firm the 1977
General Agreement among OIC countries, it primarily relates
to liberalization of capital movements and protection of
direct investments by member states.
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'ahadith
al-muamalah |
Traditions of
the Prophet relating to the Khaibar lands which he gave back
to the Jews for cultivation on half share of the produce.
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al- 'ain |
Relating to
the law of zakat, originally meaning gold and silver, now
also applicable to coins, currency notes, demand deposits,
time deposits and any other form in which money may be held.
The word has several other meanings in fiqh in
general.
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al-'ajir
al-khass |
Specific
worker. Tech: A full time worker who agrees to perform a
certain duty for one employer exclusively; for example, a
watchman, who sells his time exclusively to his employer.
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al-'ajir
al-mushtarak |
Shared worker.
Tech: A worker or craftsman who does not deserve his wage
until he performs the duty assigned to him; for example, a
washer man, a dyer or a carpenter. Such craftsmen do not
sell the whole of their time; instead, they agree to perform
certain functions for certain wages. They accept to perform
these functions but not exclusively for any particular
person. Their time is shared by all those persons who want
them to perform these functions.
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al-'ajr al-mithl |
Wages
prevalent in the market for a certain service.
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al-'akarah |
Historically,
peasants who held no fixed leases and were mostly landless
day laborers.
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'akl bil
batil |
Eating someone
else's property unjustifiably. Tech: It is the Quranic
expression for unlawful acquisition of wealth such as riba,
bribery and usurpation of orphan's we etc.
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'akl al-suht |
Acquiring
illegal property. Tech: Quranic term for bribery, especially
to accept gifts for distorting divine guidance.
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al-'amanah |
Reliability,
trustworthiness, loyalty, honesty. Tech: An important value
of Islamic society in mutual dealings. It also refers to
deposits in trust. A person may hold a property in trust for
another, sometimes by express contract and sometimes by
implication of a contract.
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al-Ameen
Islamic Financial and Investment Corporation (India) Limited |
Incorporated
on 12 April 1984 in Karnatak (India), it has four branches,
authorized capital of Rs.10 million. Paid-up capital, Rs.O.5
million.
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al-'amil |
In a contract
of mudarabah, the person who acts as entrepreneur. Also used
for a collector of zakat.
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'amil al
fai' |
The official
appointed to collect jizyah and kharaj, to lease fai land
and superintend its cultivation. The amil would receive
payment for his services from out of the revenue collected
by him. He was not authorized to spend the revenue collected
by him without permission.
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al-'amilin |
Used in the
law of zakat for tax-collectors, it includes all such
officials as collectors, clerks, scribes, distributors,
store-keepers, accountants, etc.
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al-'amin
al-'amm |
A person who
holds in trust property of another person, possession of
which has been passed on to the trustee by the owner
himself, but the principal objective of transfer is not safe
custody. For example a tenant who hires a house or a mudarib
in a contract of mudarabah, etc.
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al-'amin
al-khass |
A person who
holds in trust property of another person with the principal
objective of safe-custody.
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al-'amir |
Inhabited or
cultivated land. Tech: A land belonged to a people
collectively, such as a path, a canal or a river. Nobody can
claim ownership of these lands except with the express
permission of these people. See al-mawat.
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al-'amwal |
See
al-mal
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al-'amwal
al-fadilah |
Miscellaneous
receipts. Tech: Miscellaneous receipts of the bait al-mal.
It was a regular head of account in the bait ai-mal of the
caliph and consisted of such receipts as luqatah, property
of the heirless or properties of persons who had fled from
the Islamic state.
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al-'amwal
al-ribawiyyah |
It connotes
six items on which riba al-fadl arises: gold, silver, dates,
wheat, salt and barley. Their exchange has been conditional
with equality in weight and measure and simultaneous
transfer of possession, failing which it would involve riba
a-lfadl. It has been held by some jurists that riba al-fadl
arises only in respect of these six articles, but others
have included such other articles as well which could be
accepted as being similar to these six.
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al-'anfal
(sing. al-nafl) |
An accretion
or addition received beyond one's due. Tech: Spoils of war,
signifying that they are incidental accessions above and
beyond anything that a mujahid is entitled to expect. A
mujahid fights to uphold the cause of righteousness and for
the supremacy of Islam; if in this fight he gets a share in
the spoils of war, it is an extra favour to him. See also
khumus.
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al-'aqar |
Immovable
property. Tech: Relating to the law of kharaj and ushr, it
includes immovable property and all other allied forms of
property such as minerals, treasure trove and fruits on
trees, etc.
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al-'aqd |
Legal contract
implying an enforceable act involving a bilateral
declaration, namely, the offer (ijab) and the acceptance (qabul).
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al-'aqid |
One who
contracts. Tech: In the law of inan partnership, the
partner who enters into a transaction with a third party.
The other partners are known as muwakkil. The
jurisdiction of al-aqid has been defined specifically for
different types of transactions. The aqid acts as the agent
(wakil) of the remaining partners but not as surety (kafil)
for them.
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al-'aqilah |
That group of
people who share the blood-money liability of anyone among
them.
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al-'ard
al-'adiyy |
Abandoned or
dead lands without any traceable owners. See al-ard al-mawat.
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'ard al-'afw |
A category of
sulh lands, the owners of which have left it and
which Muslims have taken without fighting.
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'ard al-'anwah |
Land conquered
by force of arms without any agreement.
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al-'ard al-baida' |
Bare or
uncultivated land, especially land without fruit trees.
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'ard-al-ba'l |
According to
some, it consists of areas where the level of underground
water stands so high that it brings moisture to deeply sunk
plant roots, while others think it is the land that is
watered by a sufficient supply of rainfall. Historically,
these lands were . also treated as ones which did not
involve human labors for irrigation. Therefore, the taxation
on them was the heaviest.
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'ard
aI-ghil |
Lands
irrigated by water dammed up in reservoirs or from
underground canals. Taxation of them was ushr or
half-ushr, depending upon the investment involved in
irrigation.
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'ard al-hawz |
Land, the
owner of which died without leaving an heir, which reverts
to bait al-mal. It also applies as a general term to the
land annexed to the bait al-mal by way of ghanimah.
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al-'ard al-khalisah |
Those lands
which have been declared as public property.
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'ard al-kharaj |
Those lands
which are owned by non-Muslims but have been conquered by
Muslims either by force or by truce and have been left with
the previous owners by the Islamic state. A land tax agreed
to in the treaty or fixed by the state is levied on such
lands.
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'ard al-mamlakah |
The class of
conquered lands whereby the rights of ownership have been
vested in the state. In case of such lands, the cultivator
is a state tenant and does not possess right of alienation
or transfer. It is also known as al-ard al hawz,
al-ard al-sultaniyah or al-ard li-bait al mal. 'Main
sources of this type of land are (a) conquest of foreign
lands not occupied by anyone at the time of conquest; (b)
state accession of lands left by the heirless; (c) khumus
of the conquered lands if distributed among soldiers; (d)lands
conquered by storm and appropriated by the head of the.
state to the bait al-mal. These types of land are
meant for the benefit of those who have the right to receive
benefit from the bait al-mal.
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al-ard_al-mawat |
Those lands
located away from habitation whose owners are not traceable
or were never occupied by anybody. Such land becomes the
property of the person who develops and tills it. Al-Mawat
do not include (a) those lands which serve a community, such
as meadows, woods for fuel, etc.; (b) those lands which are
known to have such deposits of minerals as salt, coal tar
and petroleum and are required for the people at large; (c)
those lands declared as state pastures (hima).
According to some of the jurists, in order to avoid disputes
possession of such lands must be preceded by permission from
the state.
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al-'ard al-mubahah |
Lands not
owned or occupied by any identifiable person. Also known as
al-ard ghair al-mamlukah. They are of three types:
(a) those lands which provide common convenience to the
inhabitants, such as streets, roads, drains, graveyards,
mosques, grazing fields, etc., which cannot be owned by any
particular person and even the state cannot impose
proprietary restrictions on their use, known as al-ard
fana li baladah; (b) those lands, consisting of jungles,
barren fields, mountains, etc., which do not provide any
common convenience, are not arable and are not owned by
anyone, also known as al-mawat; (c) those arable
lands not owned by anyone, also known as al-ard li-bait
al-mal.
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al-'ard al-mukhtassah |
The most
fertile lands of fourteenth century A.D. Spain procured by
the sultan. The agricultural proceeds were the property of
the ruler.
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'ard al-quniy |
Land watered
from underground canals. Tax on this land was lower than
ushr, since they involved investment in irrigation.
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'ard al-saih |
Lands
irrigated by running water (of rivers and valleys). Tech: A
category of land taxed most heavily since it involved the
least human effort.
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'ard
al-sail |
Lands
irrigation by rain-flooding.Tech: A category of land taxed
most heavily (like ard al-saih) because it involves the
least human effort for irrigation.
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al-'ard al-sulh |
Lands of
conquered country for which there exists a provision in the
agreement of the truce.
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'ard al- timar |
A piece of
land donated by the state to a person from out of heirless
lands accessed to the bait al-mal. The done gets the
right to the produce of the land after praying for the
subsistence of the tillers of the land. The ownership
remains with the bait al-mal.
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al-'ard al-ushriyah |
It refers to
all land owned by Muslim who pay ushr on it; the
land, the owners of which accept Islam; the land of Africa;
and the land of those areas which were conquered by fighting
and the land distributed among soldiers of the Muslim army.
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'ard al-waqf |
The land which
Muslim assign to the welfare of the community. See also
hima
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al-'ariyah |
Borrowed.
Tech: To authorize someone to receive benefit from one's
property without any consideration. It is one of the customs
of Muslim society. People borrow quite frequently small
articles of household goods from neighbors and relatives,
which is considered as a custom to promote love and
cooperation among citizens (Quran 107:7). The difference
between ariyah and qard is that in the former
case, the thing borrowed (which is always other than money)
is to be returned in its original form, whereas in the case
of qard, the loan can be, and is usually, returned in money
of equivalent value.
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al-'ariyah
al-madmunah. |
A loan
supported by a surety, guarantee or warranty.
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al-'arzaq |
Daily ration
of wheat, barley and other food grains (including cloth)
periodically distributed free among the people in the early
days of Islam.
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al-'asabah |
Relating to
the law of inheritance, those relatives in whose line of
relationship no female enters. There is no fixed share of
the sabah prescribed in the Quran. If the deceased is
not survived by any dhawul1araid, the whole of the
property falls to the asabah, otherwise the residue
of the dhawul1araid. The asabat are the
following relatives: (a) sons and daughters (grandsons/
daughters in the absence of sons and daughters); (b) father,
grandfather and great-grand-father, if there is no son,
grandson, daughters and grand daughters); (c) in the absence
of son, grandson, daughter, grand-daughter, father,
grand-father, brother is an asabah including sons and
daughters of the brother if the brother is not alive;(d)
consanguine brother; if there is no consanguine brother.
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'ashab al-matalib |
An institution
of eighth century A.D., Egypt. Guilds which worked in close
collaboration with the official mint (dar al-sikkah)
to uncover hoarded wealth of tombs and funerary. One-fifth
of such discoveries was credited to the bait at-mal
as khumus. The hoarded gold from the tombs of
Pharaohs was largely brought to circulation by the efforts
of such guilds.
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al'ashir |
Collectors of
custom duties and akat stationed by the state on the public
roads.
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al-'ata' |
Annual
pensions distributed among the people from out of bait
al-mal during the early days of Islam.
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al-'athariyy |
Relating to
the law of ushr, land irrigated by ainfall
exclusively.
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al-'awamil |
Relating to
the law of zakat, animals employed for work or for tilling
of land.
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