Āda, habit
Ālat al-qatl, tool-of-killing
Ālat ḥādda, sharply edged tool, considered enough for Ḥanafīs to determine intentional killing
‘Aqila, – a culprit charged of homicide, and which might be requested by court action for a partial or total payment of the blood money
A‘yān, s. ‘ayn, notables (in pl.), also tangible objects (s. Or pl.)
Abūkāt, from the french avocat, lawyer; professional lawyers
Adab al-qāḍī, the rules of judicial decision making
‘adam, the nonexistence of a thing
Aḥyā, to cultivate a land that was left over as mawāt
Ahālī, ahl, people of a locality
Ajnabī, foreign, someone outside the agnatic group per se
Ajzā’, bodily parts, or more generally, fragments
Al-milla al-rāfiḍa, “the confession of refusal,” meaning the shī‘īs
‘amār, buildings, built area either in the city or countryside
‘amd, intentional killing
Amr, order
Amwāl al-aytām, funds of orphans
Amwāl amīriyya, taxes and surtaxes due to the state
Ankara, to deny
Arḍ, land
Arḍ-u al-kharāj, land subject to the kharāj (q.v.) Tax
Arshad, the most “mature” among all beneficiaries
‘aṣaba, kin, agnation, consanguinity, blood relationship
‘aṣabiyya, group feeling
Aṣl, essence
‘ashīra, clan
Awāmir sulṭāniyya, sultanic orders, ordinances
‘ayn, pl. A‘yān, tangible object, and in its plural form the notables of a city
Bāṭin, intrinsic or hidden meaning, or the inner side of the manifest meaning (bāṭin)
Bay‘ al-wafā‘, sale with a right of the seller to repurchase (redeem) the property by refunding the purchase price
Bayyina, evidence
Burhān, proof
Bustān, garden, a small cultivable land in the vicinity of the city
Çiftlik, farm or mazra‘a
ḍārib, assailant
Dīwān, the paperwork of the judge in the classical islamic systems
Dār, home
Da‘wa, lawsuit
Dalīl, evidence, indication
Dayn, debt
Dayyān, lender
Defter, arabic daftar, turkish for register
Defterdār, higher official next to the governor (wālī)
Dukkān, shop
Dustūr, law, constitution, codes
Faqīh, pl. Fuqahā’, jurist, practitioner of the fiqh
Farā’iḍ, branch of the fiqh devoted to successions and the division of an inheritance fairly among its beneficiaries
Fatwā, pl. Fatāwā, responsum delivered by a jurisconsult
Fiqh, jurisprudence, legal school, also “knowledge”
Ghaṣb, unlawful usurpation
ḥāditha, event
ḥādithat al-fatwā, a unique occurence—or event—that prompted a muftī’s fatwā (q.v.)
ḥānūt, small shop
Ḥanafī, one of the four schools of the sunnī fiqh,
Haqq, right, obligation
ḥaqq ‘aynī, the right over the tangible object, which is accorded once the property passes from seller to buyer
ḥaqq shakhṣī, personal right, a modern notion taken from roman law
ḥīla, pl. ḥiyal, legal subterfuge, procedural fiction (see table 2-2)
ḥujja, record of a transaction or a contract
ḥukm, ruling
‘ibādāt, religious rituals
Ijmā‘, consensus
Ijtihād, act of independent reasoning and interpretation excercised by a mujtahid (q.v.)
‘ilm, knowledge based on the scriptures
‘ilm al-fiqh, jurisprudential knowledge
‘ilm al-kalām, theology
Iltizām, ottoman tax-farming system, or rent-payment system through the multazim
Imām, head of a school, sect or group
Inkār, denial
Irth, inheritance
Istibdāl, property substitution for the purpose of benefiting a waqf (q.v.)
Istiṣnā‘, contract providing for the manufacture and purchase of a specified item
Ithm, sin, offense
Jamā‘a, group of people
Jināya, pl. Jināyāt, the act of the killing of a soul (nafs); a homicide
Kīs, “bag,” or 500 piasters
Kātib, scribe
Kalām allāh, the word of god, the qur’ān
Kashshāf, mustakshif, someone who “explores” a homicide scene at the request of a judge
Khāne, the ottoman household unit for taxation purposes
Kharāj al-muqāsama, “tax” imposed in the early islamic empires in which the peasant shared part of his produce for using state-owned lands
Kharāj al-waẓīfa, land flat-tax in the early islamic empires, or the “rent” for using state-owned lands
Khaṣm, opponent
Khaṣm jāḥid, denying opponent
Khaṭa’, error
Khuṣūma, conflict that led to a litigation
Kitāb, book, section of a manual
Liwā’, administrative unit of a province
Mīrī, ottoman land-tenure system, state-owned lands
Mālikāne, land granted as a life-appointment
Ma‘dūm, nonexistent
Ma‘na bāṭinī, hidden intrinsic meaning
Ma‘na ḥaqīqī, literal and manifest meaning
Ma‘na majāzī, metaphorical meaning
Madhhab, school of jurisprudence (fiqh)
Maḥall al-‘aqd, the licit object of legal obligation
Mahjūr shar‘-an, legally abandoned
Majālis al-tanẓīmāt, the regional councils of the tanz˝īmāt (q.v.)
Majlis, pl. Majālis, place of meeting to contract, or to conduct a hearing (courtroom), or, more generally, a place of assembly such as a parliament or council
Maqṭū‘, lump-sum payment of a tax
Marṣad, “investment” that a tenant would make in a waqf’s property to secure a long lease
Mashāyikh al-ṭawāyif, elders of a confessional group
Mashadd maskeh, right of cultivation, and which the tenant must purchase from the previous tenant in order to compensate the latter for the invested labor and to transfer that right
Maṭlab, request made to a scholar and for which he is expected to issue a responsum
Mawāt (pl.), dead lands, which might be unsuitable for cultivation and left as such for a long period of time; always used in plural
Mawqūf, the blocked properties dedicated to a waqf (q.v.)
Mawqūf ‘alayhim, the beneficiaries of a waqf (q.v.)
Mazra‘a, farm; equivalent to the turkish çiftlik
Milk, private property
Milla, turkish millet, confessional and political system of the ottoman empire in which various religious groups (ṭā’ifa, millet) were provided “autonomy” within the system at large
Mūjib, pl. Mūjibāt, obligation
Mu‘āmalāt, s. Mu‘āmala, pecuniary transactions
Mubāḥ, permitted, permissible
Mudda‘ī, plaintiff
Mudda‘ī ‘alayhī, defendant
Muftī, jurisconsult
Muḥaṣṣil, person responsible for collecting taxes and surtaxes in a locality or region, and considered of a higher status to the multazim (q.v.)
Mujarrad, single, bachelor, classification mostly used for statistical purposes
Mujtahid, genuine interpreter and scholar who relies on his own independent reasoning
Multazim, ottoman tax-farmer
Muqāṭa‘a, pl. Muqāṭa‘āt, ottoman tax-unit granted to a tax-farmer by auction
Muqallid, a scholar of lower rank who cannot rely on his own reasoning and therefore follows a mujtahid
Murābaḥa, markup contract of sale
Mushā‘, commonly owned property
Mutakallimūn, theologians
Mutawallī, waqf’s administrator
Nāḥiya, smaller administrative division to the province
Nā’ib al-qāḍī, deputy judge
Nāẓir, waqf’s administrator
Nafs, soul
Naṣṣ, text, or text, as in the case of a text of divine nature
Nawādir, less authoritative works of the school, literally “rarities”
Niyāba ‘āmma, public prosecution office, which was nonexistent in ottoman times
Niyya, intention
Qāḍī, judge
Qāḍī al-quḍāt, chief judge
Qānūn, law, statute
Qānūnnāme, set of regional codes legislated by the ottoman bureaucracy and which acted in parallel to Ḥanafism
Qaḍa, to rule, to draft a final decision
Qaḍā’, religious office or function of the judge
Qarāba, kin
Qarḍ, loan
Qaṣd, purpose, an intended action
Qawā‘id kulliyya, the general rules of Ḥanafism, formulated explicitly for the first time by ibn nujaym
Qawad, punishment
Qawl, authorized opinion by a recognized scholar
Qiyās, reasoning by analogy
Quṣāṣ, punishment
Rāshid, the most mature among the beneficiaries
Ra‘iyya, ra‘āyā, in singular or plural refers to the “subjects” of the empire who are perceived as a “flock” on the top of which rules a sultan as a “guardian” to his “subjects”
Raf‘ yad, to vacate a property that has been subjected to unlawful usurpation
Ribā, usury
Ribḥ, gain, profit
Ribḥ fāḥish, excessive gain
Rujū‘ ‘an al-waqf, act of revoking some or all of the original stipulations of a waqf (q.v.)
ṣāḥibayn, the two companions, meaning abū Ḥanīfa’s two disciples, abū yūsuf and shaybānī
ṣulḥ, settlement
Salīkh, land with no plantations
Salam, advance loan; purchase of item known by specification or description for delivery at a later specified time, with payment of price in full at time of contract
Sanjāq, province, administrative division
Shāhid, witness
Shaddād, pl. Shaddādūn, special category of peasants protected by various forms of legislation and by the regional councils
Shahāda, testimony
Shar‘, canon law based on the scriptures
Sharḥ, interpretation
Sharḥ adab al-qāḍī, intepretation of the rules of judicial decision making
Sharṭ mulā’im li-l-‘aqd, conditions appropriate to the contract
Shibh al-‘amd, quasi-intent
Shurūṭ, stipulations, conditions
Shurūṭ al-tazkiya, conditions of approval
Shurūṭ, s. Sharṭ, stipulations
Sijill, pl. Sijillāt, court register; name associated with the “bound” registers of the ottoman sharī‘a courts, thus replacing the classical unbound dīwāns
Sulṭa, power
Sulṭān, head of a ruling dynasty
ṭā’ifa, religious group, a corporation, a craft-guild
ṭabaqa, pl. ṭabaqāt, generation of scholars, bio-biographies based on a specific juristic typology of the school
Taghyīr wa-l-tabdīl, changes that might have been introduced in the origininal act of a waqf (q.v.)
Tajdīd, the renewal of a tradition based on a new interpretation
Takhrīj, a form of reasoning and interpretation by analogy
Tamlīk al-‘ayn, ownership of the tangible object, transmitted through a contract of sale
Tamlīk al-buḍa‘, possession of the husband of his wife’s genatalia, which for Ḥanafīs was granted through the contract of marriage
Tamlīk al-dayn, ownership of the debt which entails for the borrower an obligation to reimburse
Tamlīk al-manfa‘a, ownership of the usufruct as a result of a tenancy contract
Tanẓīmāt, ottoman reforms which began with the edict of 1839
Taqlīd, the following of a tradition based on already established opinion
Taqlīd, the following of a tradition
Tarika, succession
Taṣarruf, right of possession
Tawkīl, contract of representation
‘ulamā’, s. ‘ālim, corporation of the scholars of islam
‘umla, money, currencies
Umūr ‘āriḍa, contingent matters
‘urf, custom, linguistic custom
‘uṣba, community
Uṣūl al-fiqh, the basic rules on which a legal school is based
‘ushr, the old classifical form of tithe, or one-tenth of the produce
Verghi, “impôt foncier,” equivalent to 4/1000 of the value of lands subjected to the ‘ushr (q.v.)
Wālī, governor of a province appointed by the imperial center
Wāqif, founder (benefactor) of a waqf
Waḍ‘ yad, occupation, a common Ḥanafī notion that gives the right of “possession” to anyone who has worked on a land for a period of time
Wakīl, representative
Walī al-dam, next of kin of a murdered victim
Waqf, pl. Awqāf, blocked properties whose “usufruct” is the property of its beneficiaries
Waqfiyya, the document where the stipulations of a waqf are drafted
Waṣiyya, will
Yatīm, pl. Aytām, orphan
ẓāhir, manifest meaning, in opposition to its intrinsic meaning (bāṭin)
ẓāhir al-riwāya, a Ḥanafī term to denote the uṣūl al-fiqh of the school based on shaybānī’s six manuals, which were agreed upon by later jurists
Zakka, to approve
Zukkiyat al-bayyina, evidence has been validated
