The Doctrinal Development of “Maraḍ Al-Mawt” in the Formative Period of Islamic Law

1998 ◽  
Vol 5 (3) ◽  
pp. 326-358
Author(s):  
Hiroyuki Yanagihashi
Keyword(s):  
Classical Theory ◽  
Islamic Law ◽  
Formative Period ◽  
Eighth Century ◽  
Second Century ◽  
Fear Of Death ◽  
The Third ◽  
Sick Person ◽  
Doctrinal Development ◽  
The Moment

AbstractMuslim jurists were at first reluctant to place restrictions on gratuitous dispositions by a dying person. During the first quarter of the second century/second quarter of the eighth century, however, they created a concept of “a sickness causing a fear of death” (al-maraḍ al-mukhawwif) to safeguard the interests of heirs and creditors. They did so by introducing the principle that a gratuitous disposition made by a sick person for the purpose of modifying the inheritance rules should be subject to the bequest restrictions. At the same time, Muslim jurists permitted the wife divorced by her dying husband to inherit from him by according her, retrospectively, inheritance rights at the moment when her husband contracted a sickness which led irrevocably to his death. By the end of the third quarter of the second century/end of the eighth century, the jurists had combined these two definitions of sickness to form the classical theory of death-sickness (Maraḍ Al-Mawt).

scholarly journals LIMINAL CRAFT, EXCEPTIONAL LAW: PRELIMINARY NOTES ON MIDWIVES IN MEDIEVAL ISLAMIC WRITINGS

2010 ◽  
Vol 42 (2) ◽  
pp. 202a-202a ◽  
Author(s):  
Avner Giladi
Keyword(s):  
Islamic Law ◽  
Formative Period ◽  
Minor Role ◽  
Ongoing Research ◽  
Legal Rules ◽  
Legal Texts ◽  
History Of ◽  
Ambivalent Attitude ◽  
The Moment ◽  
A Minor

In this article, the first fruit of an ongoing research on the sociocultural history of midwifery in medieval Muslim societies, I trace the attitudes toward midwives as revealed in Arabic biographical, medical, and legal texts. These texts, the product of male scholars, mirror an ambivalent attitude toward midwives: a mixture of repressed admiration, open repulsion, and fear. Thus, midwives are almost totally absent from Islamic scriptures, and Muslim writers make them play only a minor role in biographical and hagiographic literature, where the midwives of the Prophet's family are consciously or unconsciously “blocked” from becoming mythological figures. Women, sometimes hesitatingly identified as midwives, nevertheless played a role through their very presence at the moment of the Prophet's birth. In a storylike manner, they set an example for the implication of the legal rules concerning the midwife's exceptional status as a witness in court, rules that were formulated and consolidated in the formative period of Islamic law side by side with the traditions on the Prophet Muhammad's birth.

scholarly journals Who lived around Mecca during the 7th and 8th centuries: المجاورون في مكة في القرنين السابع والثامن للهجرة

2017 ◽  
Vol 1 (3) ◽  
Author(s):  
Shadia Abdel Rahman Al - Balawi
Keyword(s):  
Eighth Century ◽  
Second Century ◽  
Political Life ◽  
Political Activity ◽  
Third Century ◽  
Islamic History ◽  
Cultural Aspects ◽  
The Third ◽  
History Of

Mecca has received the sanctity and place in the hearts of Muslims a lot of different writings that covered various political and cultural aspects of its history through different ages, yet we note through our study that Mecca, despite its great importance, but the sources of Islamic history were keen on The history of Mecca since the time of the Prophet peace be upon him until the middle of the second century AH, on the day of Mecca was the center of political activity and scientific alike, and then began to diminish this concern, especially since the beginning of the third century AH, these sources are no longer provide us only a little Nazer focused primarily On The history of religious Mecca, such as the pilgrimage to people and so on, rarely refer to the aspects of political life, economic and civilization of this country, but this little information with the written historian Makkah Azraqi and Fakhi in the third century, provides the researcher important information about the history of Mecca during the first three centuries, Historians Azraqi in the year 250 AH and Fakhi in the year 280 AH entered the history of Mecca in the almost forgotten, and surrounded by the mystery, which lasted for five centuries, that the rule of God has a historian of its children in the eighth century AH is Taqi al-Din Fassi Fassi felt the vacuum experienced by historians Mecca m A drive on the classification of books bosses (precious decade) and (healing gram), two of the most important books that relied upon in my study of the neighboring Mecca, and given the importance of this layer (Majaoron) in Mecca society and its substantial role in which it has signed an optional on this subject to search.

scholarly journals The Role of Yemenis in the Berber Revolution in Morocco during the Umayyad Era «122-132 AH / 739-749 AD»

2015 ◽  
Vol 6 (1) ◽  
pp. 85
Author(s):  
Saeed Naji Ghalib Qaid Iskander
Keyword(s):  
Eighth Century ◽  
Second Century ◽  
The Third ◽  
Umayyad Caliphate ◽  
The Revolution

This research aims to highlight the role of Yemenis in the revolution of the Berbers that erupted at the beginning of the third decade of the second century AH / eighth century AD, and involved most of the parts of Morocco. The study examined the conditions that contributed to the involvement of Yemenis in that revolution, and then traced and monitored their roles in it. The study relied, on the whole, on in-depth reading of the sources that made the foundation of this research. The results show that Yemenis took up varied and diverse roles. Some were supporters and contributed effectively to this revolution. While others remained in support of the Umayyad Caliphate, and made great efforts to quell the revolution. 

scholarly journals THE JUDICIAL SYSTEM IN THE MAJORITY STATE (184296AH/800909AD) HISTORICAL STUDY ‎

2021 ◽  
Vol 03 (08) ◽  
pp. 375-386
Author(s):  
Wafaa Ahmed MUSTAFA‎
Keyword(s):  
Ninth Century ◽  
Eighth Century ◽  
Second Century ◽  
Judicial System ◽  
Historical Study ◽  
Islamic State ◽  
The Third ◽  
Definition Of ◽  
Islamic Civilization

Since the end of the second century AH-AD eighth century AD the ‎Islamic Maghreb witnessed the establishment of in dependent states in ‎all its parts in the lower Morocco the Aghlabid state was established and ‎the sons of Aghlabid were from an ancient Family that ruled Africa ‎throughout the third AH-ninth century AD founded by Ibrahim bin AI-‎Aghlab bin Salem AI- Tamimi who was confirmed by the year 184AH-‎‎800AD the pages of this research have been included within the ‎framework of the study of Islamic systems as they are among the most ‎important systems that contributed to building Islamic civilization as well ‎as providing security and achieving just and equality between the states ‎and peoples of the Islamic Maghreb so that the Islamic state knew its ‎security by the strength of its judicial is considered one of the most ‎prominent purpose of Islamic Sharia and the first goal that the rulers of ‎states seek to implement and to know the most prominent various ‎organization as well as the role of judges and the approach they ‎followed in applying the provisions of this system and what are its ‎legitimacy and conditions for its assumption the research is divided into ‎three main axes the first included the definition of the judiciary ‎linguistically and idiomatically and the emergence and development of ‎the judiciary in the majority state AS for the second axis it referred to the ‎appointment and dismissal of judges as well as their assistants while the ‎third axis talked about the institution of the majority judiciary which ‎included grievances the calculation and the police and the research came ‎out with a sent of important conclusions‎‎‎. Keywords: The Judiciary, The Aghlabids, The Lower Morocco‎.

scholarly journals The Second-Century Šīʿite Ġulāt: Were They Really Gnostic?

1970 ◽  
pp. 13-61
Author(s):  
Tamima Bayhom-Daou
Keyword(s):  
Ninth Century ◽  
Eighth Century ◽  
Second Century ◽  
The Third ◽  
The Past

This paper questions the suggestion of our sources that gnostic currents had already appeared among Šīʿites by the early second/eighth century. It contends that gnosticism did not surface in Šīʿism until the third/ninth century and that our information on its existence among second-century Šīʿites is the result of retrospective ascription to groups and individuals who, on account of their (real or alleged) messianic beliefs, had already been identified by moderate Imāmīs as ġulāt. That information would have served to distance Imāmism and its imāms from gnostic teachings by associating those teachings with repudiated figures from the past. The paper examines evidence showing that in his work on firaq Hišām b. al-Ḥakam (d. 179/795) was not aware of the existence of gnostic ideas in Šīʿism. Other examined evidence also shows that references to gnostic ġuluww are conspicuous by their absence from sources on Šīʿism that are datable to before the third/ ninth century.

Ragam Bangunan Perundang-Undangan Hukum Keluarga di Negera-Negara Muslim Modern: Kajian Tipologis

2018 ◽  
Vol 11 (1) ◽  
pp. 49-60
Author(s):  
Miftahul Huda
Keyword(s):  
Saudi Arabia ◽  
United Arab Emirates ◽  
Islamic Law ◽  
Family Law ◽  
Marriage Law ◽  
The Third ◽  
Muslim Countries ◽  
Fourth Type ◽  
Modern Family ◽  
The Difference

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.

After Chalcedon

2018 ◽  
Author(s):  
Brian E. Daley, SJ
Keyword(s):  
Eighth Century ◽  
Seventh Century ◽  
The Third ◽  
John Of Damascus ◽  
Perceived Impact ◽  
Orthodox Theology ◽  
Definition Of ◽  
Maximus The Confessor ◽  
Severus Of Antioch

The Council of Chalcedon’s definition of the terms in which Nicene orthodoxy should conceive of Christ’s person remained controversial. Leontius of Byzantium argued for the correctness of the Council’s formulation, especially against the arguments of Severus of Antioch, but suggested that more than academic issues were at stake: the debate concerned the lived, permanently dialectical unity between God and humanity. In the mid-seventh century, imperially sponsored efforts to lessen the perceived impact of Chalcedonian language by stressing that Christ’s two natures were activated by “a single, theandric energy,” also remained without effect: largely because of the monk Maximus “the Confessor”, who argued that two complete spheres of activity and two wills remained evident in Christ’s life. Maximus’s position was ratified at the Lateran Synod and at the Third Council of Constantinople. The eighth-century Palestinian monk John of Damascus incorporated these arguments into his own influential synthesis of orthodox theology.

Capital Scripts

2020 ◽  
pp. 78-97
Author(s):  
David Wright
Keyword(s):  
Eighth Century ◽  
Fifth Century ◽  
Second Century ◽  
Sixth Century ◽  
Augustan Era

This chapter surveys capital letterforms, which have been in use from the second century BC until the present day. It defines two types of capitals in use since the Augustan Era: formal Square Capitals and informal Rustic Capitals, and traces the development of Rustic Capitals as a text hand in manuscripts of classical authors until the sixth century AD as well as the use of Square Capitals until the late fifth century AD. It closes with a look at the use of Rustic Capitals in rubrics of eighth-century manuscripts from England, and Rustic and Square Capitals found in Carolingian contexts.

The Celtic Warrior Fibula

1996 ◽  
Vol 76 ◽  
pp. 1-16 ◽  
Author(s):  
I. M. Stead ◽  
N. D. Meeks
Keyword(s):  
Fourth Century ◽  
Second Century ◽  
Art Exhibition ◽  
Front Cover ◽  
The Third ◽  
La Tène ◽  
La Tene

In 1960 and 1961 Ole Klindt-Jensen published two short notes about a golden statuette of a Celtic warrior, soldered to a fine brooch. He was convinced that the warrior did not belong to the brooch, and thought that they had been combined fairly recently. J. M. de Navarro added a comment to the 1961 note, concluding: ‘My impression (from photographs only) is that the brooch might date from the fourth century BC and the figure not before the latter half of the third or the second century BC, i.e. that it was added later.’ Klindt-Jensen's notes were accompanied by plates, and at the same time another photograph was published on the front cover ofCelticum, volume I. A decade later the brooch was shown at the Royal Scottish Museum, Edinburgh, and at the Hayward Gallery, London, as item no. 35 in the Early Celtic Art exhibition held in 1970. The catalogue entry was based on Klindt-Jensen's note, but no photograph was published. In the mid 1970s R. M. Rowlett prepared a paper on the authenticity of the brooch, including metal analyses and a comparison of its proportions with those of some La Tène II brooches: Rowlett considered that the figure of the warrior was contemporary with the rest of the brooch, which he accepted as an authentic antiquity. His paper was eventually published about twenty years later.

Sign in / Sign up

Export Citation Format

Share Document