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al-habis
(al hubus) |
An alternate
term used for al-waqf, mostly in North Africa.
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al-hadith
(al ahadith) |
Speech,
conversation. Tech: Speech, action, habits and events of the
Prophet's life codified by his companions and enlarged and
revised by later Muslims. There is a large collection of
ahadith, the most authentic of which have been recorded
in the six books compiled by Bukhari, Muslim, Tirmadhi, Abu
Dawud, Ibn Majah and Nisai. These books are known as
sihah sittah, the 'six correct compilations'. There are
other collections also, the compilers of which are not
regarded with comparable grace. In the process of collection
and compilation of ahadith, a detailed art of
evaluation of hadith developed. Later on all
ahadith were graded according to the criteria accepted
by the majority. Hadith is the second source of law
in Islam. In Islamic economics as well, the contents of
authentic ahadith are accepted as a valid source.
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al-hafiz |
A person
employed to keep guard on zakat assets. He is
included in the category of ami!in and paid out of
zakat funds.
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al-hajjah
al-asliyyah |
Lit: Basic
needs. Tech: In relation to the law of zakat, the
shariah has exempted those assets which are required to
fulfill one's basic needs. Also spoken with regard to
economic role of the Islamic state. The Islamic state is
responsible to provide for the basic needs of all citizens,
should some of them fall short of the means.
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al-hajr |
Lit: To deny
access, to stop, to detain. Tech: To deny the right to make
use of one's own assets, in case one's activities are
harmful for the collective good or one is unable to use them
properly because of lunacy, minority, indebtedness or
slavery. It includes restrictions on extravagance and
squandering of wealth on frivolous objects. This law gives
wide powers to the state for intervening into individual
freedom. This executive authority, however, remains bound by
the superiority of the judiciary, where one can resort to
for seeking justice, in case the state has exceeded its
limits.
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al-halal |
Permissible.
The concept of al-halal has spiritual overtones.
There are activities, professions, contracts and
transactions which have been explicitly prohibited (al-haram)
by the Quran or the sunnah. Barring them (i.e. al-haram),
all other activities, professions, transactions, etc., are
al-halal (permissible). This is one of the
distinctive features of the Islamic economics vis-a-vis
Western economics where no such concept exists. In Western
economics, all activities are judged on the touchstone of
economic utility. In Islamic economics other factors, mostly
moral and spiritual are also involved. An activity may be
economically sound, but may not be allowed in the Islamic
society if it is not permitted by the shariah.
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haly
al-mahzur |
Prohibited
ornaments. Tech: Relating to the law of zakat, it
refers to gold or silver cast into utensils or decoration
pieces.
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al-hamalah |
A bloodwit or
a debt, an obligation or a responsibility that must be paid,
discharged or performed, taken upon him by a person for
others.
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al-hamulah |
Transport
charges. Tech: Transport charges of the tax' on agricultural
land paid by the tiller in kind. During mediaeval Islam the
peasant was supposed to pay the tax in cash or deliver the
crop at the place designated by the government, bearing the
transport charges himself. The jurists contended that this
was an undesirable practice and the peasants should be
exempted from it.
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haqq bait
aI-mal |
What is due to
the state treasury. Tech: It refers to the taxation system
in Ummayyad Iraq in which the tiller held the land under
more than one lord, i.e., the local feudal lord and the
state, So the term haqq bait al-mal was used in
distinction with haqq al-dihqanah, which meant what
was due to the local feudal lord.
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haqq-al-'irtifaq |
The right of
utilization or easement. Tech: The right to derive benefits
gratis from the immovable property of someone else. This
right has been recognized by the shariah in the spirit of
generosity which members of a community should display about
each other, Following are important classes of this haqq,
(a)The right to obtain drinking water for self and animals
from the canal privately owned by someone else, known as
haqq al-shurb. (b) The right to fetch canal water from
across the land owned by someone else, known as haqq
al-majra, (c) The right to drain out waste water over
the property of someone else, known as haqq al-masil.
(d) The right of access to one's own property across the
property of someone else, known as haqq al-murur. (e)
The right of stopping the neighbor from carrying out such
modifications in his property that may cause harm to
oneself, known as haqq al1'iwar.
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al-haram |
Prohibited,
unlawful. See
al-halal.
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al-harth |
Relating to
the law of zakat, it refers to agricultural produce
in general.
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al-hawalah |
Bill of
exchange, promissory note, cheque, draft. Tech: A debtor
passes on the responsibility of payment of his debt to a
third party who owes the former a debt. Thus the
responsibility of payment is ultimately shifted to a third
party. Al-hawalah is a mechanism which can be
usefully employed for settling international accounts by
book transfer. This obviates, to a large extent, the
necessity of physical transfer of cash. The term was also
used, historically, in the public finance during the
Abbaside period to refer to cases where the state treasury
could not meet the claims presented to it and it directed
its claimants to occupy a certain region for a certain
period and procure their claims themselves by taxing the
people. This method was also known as tasabbub. The
taxes collected and transmitted to the central treasury were
known as mahmul (i.e. carried to the treasury) while
those assigned to the claimants or provinces were known as
musabbab.
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al-hawalah
'ala aI-bari' |
Endorsement of
one's debt to a third party who is not a debtor of the
person endorsing the debt. The term has been applied in the
model of riba-free banking by some. An obvious
example is the case where a cheque is written in favor of a
third party and drawn upon the bank which does not have a
credit balance of the cheque-writer in its books.
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Al-hawalah
'ala al-maqrud |
Endorsement of
one's debt to a third party who is a debtor of the person
endorsing the debt. The term has been used in the model of
riba-free banking by some. An obvious example is the
case where a cheque is written in favour of a third party
and drawn upon the bank which has a credit balance of the
cheque-writer in the books of the bank.
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al-hawamil |
Used in the
law of zakat for those animals engaged in carriage of
goods.
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al-hawl |
Period for
which zakat (ushr) becomes due. In case 'of cash,
gold, silver, stock-in-trade and cattle, it is one year and
in case of agricultural and mineral produce, it is as and
when the produce is available.
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'al-hizir |
An estimator
for the green fruits and vegetables employed by the tax
departments during the Abbaside period..
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al-hibah |
Gift,
donation. Tech: Transfer of a determinate property (mal)
without any material consideration. Muslims have been
exhorted by the Prophet to donate gifts to others. This is
one of the important values of a Muslim society. It is
intended to cultivate love and co-operation among citizens
rather than rivalry and competition.
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hibah bil
'iwad |
A gift in
exchange of gift without the exchange being a condition of
the gift. It is a simple gift transaction except that
revocation of gift cannot take place.
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hibah bi
shart al-'iwad |
A gift on
condition of an exchange. For instance, A gives a house to B
on condition that B will give to A a garden belonging to B.
Such a transaction partakes of the nature both of gift and
sale. It is regarded as a gift in its inception, so that it
will not be valid with respect to an undivided property (musha)
and neither party. will acquire any right in the thing given
to him before delivery of seisin. After delivery of
possession by each party the transaction has all the
incidents of a sale, so that neither party can revoke his
act; the right of pre-emption will attach to the property
and either party can return for defect the article which he
has received.
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al-hilm |
Being mild,
gentle, clement. Restraining oneself at la time when the
spirit is roused to anger, Tech: Relating to mutual
relations of trade, employment and qard (debt), the
aggrieved party is required to keep his cool and show
al-hilm towards others. It is one of the values of
Muslim society.
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al-hima |
Grazing lands
for the cattle. Tech: Those pieces of land which are meant
for the grazing of state cattle. On these plots individual
ownership is not permitted. The Islamic state has an
inherent right to declare any remote or commonly used meadow
as al-hima. But the state cannot appropriate any
individual's property for this purpose.
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al-hiqqah |
Relating to
the nisab for zakat, a young (grown up)
she-camel in her fourth year. Such a she-camel is fit for
becoming pregnant and for carrying a load.
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al-hisbah |
Reward,
calculation, Tech: An institution throughout Muslim history
to implement what is proper and to prevent what is improper.
The main role of the hisbah remained the control of
markets. The department of hisbah used to have a head
with technical staff well-versed in various products and
processes. The department was often assisted by the police.
The hisbah staff used to summon recalcitrant debtors
to pay their debts, prevent too-heavy charges required by
ships and street porters, destroy houses that were near
falling off and control weights and measures.
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al-hiyal
(sing. hila) |
Artifices,
strategic, tricks, devices.
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hulwan
al-kahin |
Sweets offered
to a sorcerer. Tech: The earnings of a fortuneteller in
whatever form they may be. |