Academic literature on the topic 'Hanbali'

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Journal articles on the topic "Hanbali"

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Hadisaputra, Samian. "Deskripsi dan Analisis Gerakan Salafiyah." Aqlania 9, no. 2 (December 9, 2018): 143. http://dx.doi.org/10.32678/aqlania.v9i2.1296.

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Aliran Salaf ini dinisbatkan kepada Imam Ahmad ibn Hanbal sehingga penganut aliran ini dapat juga disebut sebagai simpatisan Hanbali, tetapi penamaan Aliran Salaf ini lebih dekat dengan Ibnu Taimiyah. Kemudian ajaran-ajaran aliran Salaf diteruskan oleh Muhammad Abd al-Wahhab yang telah mempelopori kelahiran Gerakan Wahhabi. Aliran Salaf merupakan aliran dalam Islam yang menisbatkan nama alirannya pada Slaf as-Shalihin (generasi Islam terdahulu). Metode berpikir aliran salaf bersifat literal/tekstual, dan juga menjadi aliran kontekstual sehingga cenderung menjadi mazdhab kolektif atau mazdhab kutifan, terutama dalam bidang keagamaan.
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Fakhruddin, Fakhruddin. "PENGARUH MAZHAB DALAM REGULASI WAKAF DI INDONESIA." JURISDICTIE 10, no. 2 (January 14, 2020): 253. http://dx.doi.org/10.18860/j.v10i2.8225.

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<p>Wakaf merupakan salah satu institusi dalam Islam yang memperhatikan kesejahteraan umat. Sebagai negara yang mayoritas penduduknya Muslim, Indonesia mempunyai peluang besar untuk meningkatkan kesejahteraan masyarakat dengan wakaf. Dengan peluang yang besar ini, pemerintah Indonesia membuat beberapa regulasi untuk mengatur wakaf dalam bentuk Undang-Undang, Peraturan Pemerintah, Kompilasi, Peraturan Menteri Agama, dan Peraturan Badan Wakaf Indonesia. Beberapa regulasi yang telah dibentuk tidak lepas dari pengaruh masyarakat Indonesia yang mayoritas bermadzhab Syafi’i, di samping madzhab Hanafi, Maliki, dan Hanbali. Tulisan ini mengkaji tentang pengaruh madzhab terhadap regulasi wakaf di Indonesia, khususnya Undang-Undang Nomor 41 tahun 2004 tentang Wakaf dan Kompilasi Hukum Islam. Dengan menggunakan pendekatan kuantitatif, dapat diambil kesimpulan bahwa madzhab Hanafi mempengaruhi Undang-Undang Nomor 41 Tahun 2004 tentang Wakaf sebanyak 78%, madzhab Maliki dan Syafi’i memiliki pengaruh sebesar 100% dan madzhab Hanbali memiliki pengaruh sebanyak 85%. Lebih lanjut, pengaruh madzhab Hanafi terhadap Kompilasi Hukum Islam adalah sebanyak 85%, dan madzhab Maliki, Syafi’i, dan Hanbali masing-masing memiliki pengaruh sebesar 100%. </p><p>Waqf is one of the institutions in Islam that considers the welfare of society. As a predominantly Muslim country, Indonesia has a great opportunity to improve the welfare of society through waqf. With this great opportunity, the Indonesian government made several regulations to manage waqf in the form of laws, government regulations, compilation, regulations of the Minister of Religion, and regulations of the Indonesian Waqf Board. Some of the regulations that have been formed are inseparable from the influence of the majority of Indonesian people as the followers of the Shafi'i’s school of thought, besides the thoughts of Hanafi, Maliki, and Hanbali. This paper examines the influence of school of thought (<em>madzhab</em>) on waqf regulation in Indonesia, specifically in Law Number 41 of 2004 on Endowment and Compilation of Islamic Law. Using a quantitative approach, it can be concluded that the Hanafi’s schools influence Law Number 41 of 2004 on Waqf as much as 78%, the Maliki’s and Shafi'i’s schools have an influence of 100% and the Hanbali schools have an influence of 85%. Furthermore, the influence of the Hanafi’s schools in Islamic Law Compilation was 85%, and each Maliki’s, Shafi'i’s, and Hanbali’s schools had an influence of 100%</p>
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Al-Naqib, Prof Dr Murtadha, and Assist Prof Dr Asma Abdallah Gany. "The transition of Albaghdadi Orator from Al-Hanbalis to Al-Ash’aris (Analytical Study)." ALUSTATH JOURNAL FOR HUMAN AND SOCIAL SCIENCES 224, no. 2 (March 1, 2018): 1–12. http://dx.doi.org/10.36473/ujhss.v224i2.256.

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In conclusion, Imam Abu Bakir Al-Baghdadi was a milestone in the history of science of Hadith. He was acknowledged and recognized in Baghdad early 5th Hijra century/ 11th century A.D. by most Muhadditheen (Traditionists) as the orator of Baghdad and its Muhaddith without exaggeration. All what has been said against him by Ibn Al-Jawzi and his followers of extremists Hanbalis narrators and advisors whether heard or narrated was falls in Hadith science, falls allegations against him were uncountable in Hadith sessions places; mosques or scientific centers or markets, whether these sessions were in Hanbali sessions places or others of Hadith places in the city.
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Kurniawan, Edi, Ulul Albab Fadhlan, and Illy Yanti. "Khul' Menurut Imam Syafi'i dan Imam Hanbali: Mencari Relevansinya di Indonesia." AL-HUKAMA' 10, no. 1 (November 27, 2020): 150–70. http://dx.doi.org/10.15642/alhukama.2020.10.1.150-170.

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Khul' or divorce requested by a wife is one of the causes marital termination. According to Imam Syafi'i, khul' is a divorce (talak) with an 'iddah of three menstruat cycles. In contrast, for Imam Hanbali, khul' is fasakh in which its 'iddah is one menstrual cycle and its legality does not require a judge's decision. This difference has dissimilar legal implications when it is applied in Indonesia. Therefore, this article aims to seek the both relevancies in the context of Indonesian law, especially under the Compilation of Islamic Law and the nature of the religious practice of Indonesian Muslims. After examining the relevant literature sources, this article shows that, both Imam Syafi'i and Imam Hanbali agree that khul' is like a buy-sell contract, and hence a judge's decision is not required. However these both agremeents are not relevance under the Compilation of Islamic Laws, but the Imam Hanbali's fiqh in which khul' as fasakh would be difficult to seek its relevance. Thus, the fiqh of Imam Syafi'i is more appropriate, since beside it is used as a basis for the Compilation of Islamic Laws the majority of Indonesian Muslims embrace the Syafi’i mazhab.
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Opwis, Felicitas. "The Construction of Madhhab Authority: Ibn Taymiyya's Interpretation of Juristic Preference (Istihsān)." Islamic Law and Society 15, no. 2 (2008): 219–49. http://dx.doi.org/10.1163/156851908x290592.

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AbstractThis essay analyzes Ibn Taymiyya's discussion of juristic preference (istihsān) as a valid method of law-finding. Ibn Taymiyya rejects the interpretation of leading Hanbalīs of juristic preference as contrary to analogy and explains it instead as specification of the ratio legis (takhsīs al-'illa). His changed understanding of juristic preference leads him to re-interpret several of Ibn Hanbal's rulings that are based on this legal principle. How Ibn Taymiyya does this is illustrated with Ibn Hanbal's ruling on usurpation of agricultural land. Ibn Taymiyya does not question the actual ruling but rather rejects the rationalization adduced for it by previous Hanbalīs, such as Abū Ya'lā and Ibn 'Aqīl. By attributing his own position to Ibn Hanbal, Ibn Taymiyya undermines the authority of earlier prominent Hanbalīs, increases the authority of the eponym of the school, and enhances his own position as the living heir of Ibn Hanbal.
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Saifullah Bin Anshor, Sartini Lambajo, Dewi Indriani, and Rizqa Izzati. "Menyentuh Mushaf Tanpa Wudu dalam Perspektif Mazhab Syāfi’ī dan Hanbali." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 2, no. 2 (August 16, 2021): 221–31. http://dx.doi.org/10.36701/bustanul.v2i2.375.

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This study aimed to find out how the law of touching Mushaf of the Qur'an for people who are in hadas according to the Syāfi'ī and Hanbali schools. The type of study was descriptive qualitative research that focuses on retrieving data sources from library research using a normative juridical approach. The results showed that the sects of Syāfi'ī and Hanbali both viewed the prohibition of touching Mushaf of the Qur'an without wudu for the person in hadas. As for the law of touching or carrying a mushaf wrapping sheath (which has a hanger) or a box in which there is a Mushaf of the Qur'an, the sects of Syāfi'ī and Hanbali differ. The Syāfi'ī sect thinks it is haram because it is made for mushaf and converted to it like a mushaf cover skin. The Hanbali sect argues that it is permissible not to touch the mushaf because what is forbidden is touching, while carrying does not mean touching. This difference arises because of differences in views on the basis of qiyas in the source of the law of its sect.
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Maevskaya, L. B. "THE INFLUENCE OF ISRAILIYAT ON THE TEACHINGS OF THE SECT OF EARLY ANTHROPOMORPHISTS, THE HISTORY OF THE HANBALI MADHHAB AND THE FORMATION OF RELIGIOUS AND PHILOSOPHICAL VIEWS OF IBN TAYMIYYAH." Innovative Solution in Modern Science 4, no. 40 (July 5, 2020): 39. http://dx.doi.org/10.26886/2414-634x.4(40)2020.4.

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The relevance of this topic is due to the lack of study of the history of the formation of two mutually exclusive concepts of God, tanzih akyda (impropriety) and tashbih akyda (likening God to created) and the influence of this process on the formation and development of the Hanbali madhhab in Russian history and religious studies. The influence of Israiliyat, individual stories and beliefs inherent in some Jewish and Christian sects on the formation of the teachings of anthropomorphic sects is also noted. In this regard, the special role of neophytes, who formally accepted Islam and actively introduced Israelism, was noted. This applies primarily to Kab al-Akhbar and Wahb Ibn Munabbih. The subject of the study is tanzih akida and tashbih akida, the influence of Israiliyat on its formation and its role in the history of the Hanbali madhhab. Due to the fact that our research is primarily of a philosophical and religious nature, we applied research methods adopted in these Humanities. As a result, we studied the processes of influence of Israiliyat on the formation of tashbih akyda and came to the conclusion that it had a great impact on the formation of the Hanbali madhhab and the historical features of its development. Particular emphasis was placed on the fact that Imam Ahmad Ibn Hanbali, the eponym of Hanbali madhhab, held the aqida of unlikening God to created, but some of his disciples, who were followers of some anthropomorphistic sects, brought tasbih aqida mazhab, which was formed largely under the influence of Israiliyat. This has led to the fact that for many centuries, under the name of Hanbali madhhab, researchers unite two groups of people who profess a diametrically opposite concept of God. This research occupies an important place in religious studies, history and philosophy, because it reveals new aspects of the formation and historical development of this madhhab. There is also shown the Israiliyat influence on the formation of tasbih aqida and religious-philosophical doctrine, which at the turn of XIII – XIV centuries was preached by a famous religious figure from Syria – Ahmad Ibn Taymiyah, known for having the key influence on the formation of the Wahhabi sect in Arabia. The scope of the research results includes: theoretical development of courses and textbooks on the history of Islam, Islamic theology and sectarianism, etc. Practical application of the research results is possible in the development of methods for resolving religious and political conflicts of modern times, mainly between Sunnis and Shiites, as our research helps to understand the origins of their appearance and the formation of religious and political differences.Key words: Islam, Muslim, Israiliyat, tanzih aqida, tasbih aqida, Kab al-Ahbar, Wahb Ibn Munabbih, Hanbali madhhab, Ahmad Ibn Imam Hanbali, Ibn al-jawzi, the history of Baghdad
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Hurvitz, Nimrod. "Schools Of Law And Historical Context: Re-Examining The Formation Of The Hanbalī Madhhab." Islamic Law and Society 7, no. 1 (2000): 37–64. http://dx.doi.org/10.1163/156851900507562.

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AbstractScholarly investigations of the formative stages of the madhāhib (schools of law) have generated several interpretations but few substantive studies. One of the underlying assumptions of madhhab scholarship is that personal schools grew out of regional schools. In this essay, I (1) challenge the notion of regional schools, suggesting that greater attention should be paid to circles of masters and their disciples; (2) survey the scholarship that has dealt with the formation of Hanbalism, with special attention to Ibn Hanbal and his followers; and (3) examine how the Hanbalī moral outlook contributed to the growth of the Hanbalī circle and discuss the influence of this moral outlook on the internal dynamics of the circle.
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Abdul Cader, Akram. "Islamic challenges to advertising: a Saudi Arabian perspective." Journal of Islamic Marketing 6, no. 2 (June 8, 2015): 166–87. http://dx.doi.org/10.1108/jima-03-2014-0028.

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Purpose – The purpose of this study is to synthesize the existing research on Islam and advertising with the perspective of the Salafi authority of Saudi Arabia. This study is an exploration of the impact of the conservative interpretation of Islam on advertising. Design/methodology/approach – This study critically reviews the literature on advertising in Islam, specifically in the context of the conservative religious Saudi Arabia, Islam and advertising and its connection with the interpretations of the religiously conservative segment of Saudi Arabian society. This systematic review covered 42 studies in Islamic advertising and Salafist/Hanbali jurisprudence, ranging from 1980 to 2014. These studies were validated through data triangulation using a meta-synthesis of 39 articles with 5 articles on Salafism and 5 Hanbali juristic texts. Findings – The investigation concludes that there are several factors to be considered when developing advertising messages and content for the conservative segment of Islam. The considerations are as follows: (C1) avoidance of Islamic creedal taboos and displays of immorality; (C2) avoiding usage of musical instruments and taboo entertainment; (C3) women must be dressed appropriately, and gender roles must be in conjunction with Islamic texts; and (C4) avoiding deceptive marketing, defaming competition, and ambiguous transactions. Although there was a general consensus on C1 and C3, few studies discussed C2 and C4. Hanbali jurisprudence, the official school of thought in Saudi Arabia, was found to be in agreement with all four considerations. Additionally, the study synthesizes previous studies and contributes more knowledge to the few existing literature on the topic of Islam and advertising. A better understanding of the conservative interpretation of Islam can contribute to scholarship in the field of Islamic marketing. Research limitations/implications – This paper was limited to the Salafist/Wahhabist interpretation of Islam based on Hanbali jurisprudence found in Saudi Arabia. The findings of this paper can be extended and validated through studying the attitudes of Salafists in different regions toward advertising messages and content. Practical implications – This paper was limited to the Salafist/Wahhabist interpretation of Islam based on Hanbali jurisprudence found in Saudi Arabia. The findings of this paper can be extended and validated through studying the attitudes of Salafists in different regions toward advertising messages and content. Originality/value – This study adds to the limited research on Islamic attitudes and challenges toward advertising in the Middle East. The study reviews existing research and utilizes religious rulings to research the conservative Islamic perspective of advertising.
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Saleh, Nabil. "The Role of Intention (Niyya) Under Saudi Arabian Hanbali Law." Arab Law Quarterly 23, no. 3 (2009): 347–52. http://dx.doi.org/10.1163/157302509x454735.

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AbstractOn the authority of the Shari'a, the part that intention (niyya) holds in religious matters ('ibādāt) is undisputed. However, a number of schools of thought have questioned its significance with respect to secular transactions (mu'āmalāt). The very first hadīth reported in the Compendium of Tradition, Sahih al-Bukhari says in substance: “Deeds are judged according to intention and every human being will have to take responsibility for what he intended”. Sunni schools of law are divided with regard to the extent of application of that hadīth. Whilst Hanafī and Shāfī'ī schools interpret it narrowly to cover only religious matters, Hanbalī and Mālikī teachings extend it to mu'āmalāt. This article looks at intention and its possible relevance in matters concerning breach of contact, abuse of rights and the validity and construction of contract when governed by Saudi/Hanbalī law.
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Dissertations / Theses on the topic "Hanbali"

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Al, Sarhan Saud Saleh. "Early Muslim traditionalism : a critical study of the works and political theology of Ahmad Ibn Hanbal." Thesis, University of Exeter, 2011. http://hdl.handle.net/10036/3374.

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The political theology of AÎmad Ibn Íanbal (d. 241/855( is analysed through comprehensive examination of the authenticity of theological and juridical books attributed to him. The eponym of the ÍanbalÐ school (madhhab) of law and theology, AÎmad’s importance lies in his teaching as a jurisprudent and his practices as a zÁhid (renunciant), which attracted many students to his circle. However, he is best known for his reputation as a defender of correct belief, and for firmly resisting the doctrine of three ÝAbbÁsid caliphs that the QurÞÁn was created, although he was imprisoned and beaten during the Inquisition known as al-MiÎnah (between 218/833 and c. 232/847). As a result of AÎmad’s importance, a variety of different opinions and epistles were ascribed to him. Theologically, the most important among these are the Six Creeds and al-Radd ÝalÁ al-ZanÁdiqah wa-al-JahmÐyah which is a polemical epistle. In jurisprudence there were response collections from AÎmad’s students called al-MasÁÞil, eight of which are still extant, either partly or completely. These works are examined in this thesis. AÎmad’s theo-political ideas are critical to understanding the political thought of Sunnism in general, and the study analyses his doctrines on the importance of the JamÁÝah (Community), ÓÁÝah (Obedience) and al-Amr bi-al-maÝrÙf wa-al-nahy Ýan al-munkar (commanding right and forbidding wrong). AÎmad was a quietist thinker, but the main purpose of his quietism was in fact to save the unity of the Muslim community from internal fighting and protect the common people who always lacked security and suffered from threats of looting of their shops and houses. Though a quietist, AÎmad was not in favour of the rulers and avoided all kinds of connections to them, including not accepting their gifts or working with them. He became angry with his family when they accepted the caliph’s money.
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al-Matroudi, Abdul Hakim I. "The role of Ibn Taymiyyah in the Hanbali School of Law." Thesis, University of Leeds, 1999. http://etheses.whiterose.ac.uk/590/.

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The study of Ibn Taymiyyah's life and knowledge has attracted the attention of researchers. Yet, the role of this scholar in the klanbali school of law has not been adequately researched and examined. Accordingly, this thesis seeks to study in depth some aspects of this role. The thesis is divided into seven chapters. The first chapter is divided into two sections: the first section studies and discusses several points related to Ibn klanbal after whom the klanbali school was named and especially the question of whether he can be considered as a jurist or just a traditionist (muhaddith). The second section is devoted to the study of certain aspects of Ibn Taymiyyah, focusing on the most important of his works in the field of jurisprudence and its general principles. The second chapter is a comparison between the basic sources of law of both Abmad and Ibn Taymiyyah, a conclusion of which helps in deciding the rank of the latter's status in knowledge. The third and fourth chapters deal with Ibn Taymiyyah's role in clarifying and correcting certain issues in the principles of the tianbali school of Law, and ljanbali jurisprudence respectively. The role of this scholar in influencing Hanbali jurists is the subject of the fifth chapter, where a detailed study and analysis of books of tabaqat and tarajum, as well as treatises compiled by the scholars under study is carried out. The sixth chapter discusses and studies Ibn Taymiyyah's position towards the triple divorce as a case study of the problematical fatawa of Ibn Taymiyyah which have been confronted with great opposition by Hanbali scholars and surprisingly has left an influence on the school's position regarding this legal issue. Although the subject of this thesis is a study of the role of a scholar who lived in the seventh-eighth/thirteenth-fourteenth centuries on the I-Janbali school of law, this is, however, a subject of interest to today's scholars and the Muslim public, this being due to the fact that Ibn Taymiyyah is one of the scholars who has greatly influenced the klanbali school of law which is an existing school of law in various parts of the Islamic world. In addition, the various corrections and clarifications made by Ibn Taymiyyah to the Hanbali school of law in both its jurisprudence and general principles, may be applied to other schools of law, within which similar problems can be found.
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Zargar, Cameron. "The Hanbali and Wahhabi Schools of Thought as Observed Through the Case of Ziyarah." The Ohio State University, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=osu1398829915.

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Al-Munais, Waleed A. A. "An edition and study of al-Munawwar on Hanbali jurisprudence by al-Adami (d.749 A.H./A.D.1329)." Thesis, SOAS, University of London, 2003. http://eprints.soas.ac.uk/28870/.

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The aim of this thesis is to present an edition of a unique and important manuscript of Hanbali jurisprudence entitled 'Al-Munawwar fi Rajih al-Muharrar' written by Ahmad b. Muhammad al-Adami (d.c.749AH/AD1329) and which has not yet been studied despite later Hanbali scholars' heavy reliance on it in their work. This edition is supplemented by an introduction designed to make the edited text more accessible. This commentary discusses the manuscript, the author and his sources. A broad discussion of Hanbali legal terminology and a comparison of Al-Muharrar with other important works of jurisprudence provides a better understanding of the text, which is presented with explanatory footnotes in the final section of the thesis. In the process of editing the manuscript every effort was made to do as accurate an edition of the work as possible, preserving the originality of the work whilst making it accessible to the modem reader. The study consists of five parts which are divided into a number of chapters. Part One: This explores the importance of Al-Munawwar, provides a biography of Al-Adami, describes the framework of Al-Munawwar, ascribes it to its author and discusses the plague of 749/1329. Part Two: This describes the sources of Al-Munawwar with particular reference to Al-Majd's Al-Muharrar of which it is an abridgement. I also discuss the methodology and terminology adopted by both Al-Adami and Al-Majd. Part Three: This gives definitions of the major legal terms used in Hanbali jurisprudence, including a history of how this terminology has been understood by different generations. Part Four: This part focuses on the methodology of editing the manuscript. Part Five: The edited and authenticated text is presented with an annotated commentary.
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Al-Yahya, Nasser A. A. "Ibn Qudamah's methodology and his approach to certain aspects of the Islamic law of international relations in the Hanbali juristic tradition." Thesis, University of Manchester, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.501172.

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Adi, Muhammad Ubadah. "A study and an edition of Imam Muhammad ibn Ahmad ibn Salim Al-Saffarini Al-Hanbali sales book Kitab Al-Buyu from Kashf Al-Litham Li Sharh Umdat Al-Ahkam." Thesis, University of Wales Trinity Saint David, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.504261.

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A valuable manuscript written by Imam Muhammad ibn Ahmad ibn Salim Al- Saffärini Al-Hanbali (1114-1188 AH / 1702-1774 CE). There are two manuscripts available at Princeton University library in the United States of America and copies at Jum'ah Al-Mäjid Center for Culture and Heritage in Dubai in the United Arab Emirates. Al-Safrarini explained " `Umdat Al Ahkäm" by Al-Häfiz Al-Jamma'ili. The latter, Al- Jamma'Ili collected Hadith jurisprudence from , Sahib Al-Bukhäri and Sahib Muslim. Al-Safrarini used both linguistic and jurisprudence explanations in addition to companions' biographies who narrated Hadith. I only edited Sales Chapter "Kitdb Al- Buyü "' form "Kashf Al-Lithäm". This research is divided into two parts: Study and Edition. The study contains three chapters. In the first chapter I introduce A1-Jammd'ili as follows: Name and Origins, Birth, Early Life and the Search for Knowledge, His Sheikhs, His Students, His Appreciation by Other Scholars, Academic Works, Qualities and Ethics, His Ordeal and His Death. The second chapter specifically introduces Al-Saffärini as follows: Author's Era, Name and Origins, Birth, Early Life and the Search for Knowledge, His Sheikhs, His Students, His Appreciation by Other Scholars, Academic Works, Qualities and Ethics and His Death. The third chapter contains a study of "Kashf A1- Litham" as follows: book title and its attribution to the author, description of the two manuscripts of the book, the book's significance, author's approach, author's sources, criticism of the book and editional methods. The edition aspect of the work was accurately completed by using an objective academic method to organise the text, supply punctuation marks, number pages, rewrite the text in accordance with modem rules of dictation, locate sürahs and verses, refer Hadiths to their sources, explain vague vocabulary, conform Qur'dnic texts to `Uthmani scripture, define idioms, verify jurisprudence issues, correct grammatical mistakes and describe eminent persons and places. The edition is concluded with general technical indexes
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Alshamrani, Saad A. "An anlaysis of the origins, extent, and nature of the legal concept of prescription in civil matters under Saudi Arabian Hanbali law with reference to the effects of Sharia and positive law." Thesis, Brunel University, 2014. http://bura.brunel.ac.uk/handle/2438/13801.

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In Islamic Sharia law, prescription has been more commonly referred to as murūr al-zamān [the lapse of time]. It has been claimed that the abstract principle of the lapse of time only has the effect of barring a claim and that is not capable of creating and extinguishing the right itself. In the context of Islamic law, this concept of prescription is often ascribed only to the Hanafi and Maliki schools of Sharia law, and it has been claimed that such principle has not been recognized by the Hanbali School. Based on that, my reading shows that, under Saudi jurisdiction (which is principally based on uncodified Hanbali Sharia law), this hypothesis is a key problem as in practice there are many secondary Saudi laws in place applying prescription rules to bar civil actions. Thus, by arguing that such principle has not been recognized by Sharia law as applied in Saudi Arabia, the legality of such provisions would be in question, given the fact that all Saudi enacted laws must conform with Islamic law. Moreover, my analysis argues that in studies of Saudi Hanbali law, prescription has neither been discussed widely nor given serious independent consideration. In the context of Saudi and Hanbali law, issues of prescription have not only been marginalized and minimized, but also inaccuracies and mis-readings are often found in related academic literature. Drawing on findings across various disciplines, including studies of classical and modern Islamic law, as well as legal studies on Saudi and Arab laws, this study presents new readings of the issues of the existence and origins of the legal concept of civil prescription from the perspectives of the Saudi-Hanbali School of law. Moreover, it presents the first comprehensive survey of the extent of implementation of the rules of prescription in the Saudi civil regulations over the last eight decades. Finally, from both theory and practice aspects, the thesis attempts to conclude with a critical analysis of the single ‘negative’ perspective of prescription in both Islamic and Saudi law.
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Mouline, Nabil. "Les héritiers des Prophètes : sociologie historique de la tradition hanbalo-wahhâbite." Paris, Institut d'études politiques, 2010. http://www.theses.fr/2010IEPP0040.

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Reconstituer la généalogie de la tradition hanbalo-wahhâbite, retracer sa trajectoire historique, décrire ses doctrines et ses pratiques, déterminer son identité, saisir les permanences et les changements qui la traversent, telles étaient les ambitions de ce travail. Son étude dans la longue durée nous a en effet permis de passer en revue les variables historiques, sociales et politiques qui présidèrent à la mise en place d'une morale de responsabilité et d'un processus de routinisation au sens wébérien dans le but de préserver et de transmettre l'orthodoxie, l'orthopraxie et l'ordre politique
The aims of this work were to deconstruct the genealogy of the hanbalo-wahhâbi tradition, trace its historical trajectory, describe its doctrines and practices, determine its identity, and examine the continuities and changes that characterize it. The study of this tradition in the longue durée has enabled us to review and re-consider historical variables, and social policies which directed the establishment of an ethic of responsability and a process of routinization to preserve and transmit orthodoxy, orthopraxy and political order
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9

AL, RAHIL MOHAMMED. "Sulayman at-tufi juriste hanbalite de l'epoque mamluke (657 1259-716 1316)." Université Marc Bloch (Strasbourg) (1971-2008), 1991. http://www.theses.fr/1991STR20004.

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Cette recherche se propose de faire connaitre la personnalite de l'imam sulayman at-tufi, savant et juriste hanbalite de l'epoque des mamluks bahrites, dont l'histoire rapporte les guerres, les conflits et les conditions sociales et economiques degradees. Les biographes d'at-tufi le depeignent comme un esprit brillant, ouvert et independant, qui a etudie tous les rites islamiques, accede a l'igtihad et repudie l'imitation, pourtant omnipresente a son epoque. L'oeuvre considerable qu'il a laissee, porte, essentiellement, sur le figh (science de la loir religieuse) et ses usul (fondements), sur le tafsir (l'exegese coranique) et 'ilm al-kalam (theologie dogmatique). En outre, elle englobe les sciences de la langue arabe, comme la grammaire et la rhetorique et revele un poete doue. At-tufi fut accuse de 'si'isme et connut une dure epreuve qui le marqua profondement, toput en contribuant a jeter un voile d'oubli sur sa personne et son oeuvre. Ainsi, l'un des buts de notre travail consiste, autant que se peut, a lever ce voile et a tenter de rehabiliter un savant qui merite, a notre avis, de figurer parmi les plus juristes sunnites et, notamment, hanbalites
THE RESEARCH SHALL MAKE A NAME FOR THE PERSONALITY OF THE IMAM SULAYMAN AT-TUFI, A HANBALITE SCIENTIST AND JURIST OF THE ERA OF THE MAMLUKS BAHRITES WHOSE HISTORY TELLS OF THE WARS, THE CONFLICTS AND THE DEBASED SOCIAL AND ECONOMIC CONDITIONS. THE BIOGRAPHERS OF AT-TUFI DEPICT HIM AS HAVING A BRILLIANT OPEN-MINDED AND INDEPENDANT MIND WHO HAS STUDIED ALL THE ISLAMIC RITUALS, ATTAINED THE IGTIHAD AND RENOUNCED THE IMITATION OMNIPRESENT AT THAT TIME THOUGH THE CONSIDERABLE WORK HE LEFT WAS ESSENTIALLY ON THE FIGH (SCIENCE OF THE RELIGIOUS LAW) AND ITS USULS (FOUNDATIONS), ON THE TAFSIR (THE CORANIC EXEGERIS) AND " ILM AL-KALAM" (DOGMATIC THEOLOGIC). HOWEVER, IT INCLUDES THE Science OF THE ARABIC LANGUAGE, LIKE GRAMMAR AND RHETORIC AND REVEALS A BRIGHT POET. AT-TUFI WAS ACCUSED OF SI'ISM AND SUFFERED GREAT HARDSHIPS WHICH DEAPLY MARKED HIM, AT THE SAME TIME AS CONTRIBUTING TO DRAWING A VEIL OF OBLIVION ON HIS FIGURE AND HIS WORK. THEREFORE, ONE OF THE PURPOSES OF OUR WORK CONSISTS, AS FAR AS POSSIBLE, IN LIFTING THIS WEIL AND TRYING TO RESTORE A SCIENTIST WHO DESERVES, IN OUR OPINION, TO APPEAR AMONG THE GREATEST SUNNITES JURISTS AND PARTICULARY HANBALITES
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10

Abouya, Mohamed. "Les principes du contrat de vente d'apres les quatres doctrines hanafite, malikite, chafieite, et hanbalite." Paris 4, 1993. http://www.theses.fr/1994PA040020.

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Le but de cette these est d'etudier les points de vue des quatres doctrines du fikh islamique (hanafite, malikite, chafieite, hanbalite) sur le principe de contrat de vente dont les elements fondamentaux sont : la formule d'entente, les contractants, l'objet du contrat. La formule d7entente : oralement, par ecrit et par geste, ou vente (donneur-donnant), puis l'explication des options au pretoire du contrat de vente qui sont : l'option de l'acceptation, de renonciation et pretoire; on traite le sujet de la correspondance entre l'offre et l'acceptation ainsi que la methode de conclusion du contrat de vente entre les absents et les presents. Le contractant : concernant sa capacite peut etre totale, partielle ou nulle. On cite les vices du consentement du contractant qui sont : la violence, la lesion et l'erreur. L'objet du contrat comprend : l'offre et le prix. Les doctrines exigent que l'objet du contrat soit connu, pur, exploitable legalement. Il peut etre livre. Quant au prix, il doit etre pur, determine et estime sur la base du prix paye par vendeur. On explique les options liees au contrat de vente (l'option de la condition, de la designation et du vice), et enfin on traite les effets du contrat
The aim of this thesis to study the viewpoints of the four doctrines of the islamic fikh (hanafite, malikite, chafieite et hanbalite) on the principle of a sale contrat, the basic elements of which one : the agreement formulea, the contracting party, the purpose of the contrat. The agreement formula : orally, in writing, and by gestines, then the explication of the options to the court, which are the option of acceptation of abnegation and the option of the court. The subjet of the correspondence between the offer and ecceptation is treated and olso the method of the conclusion of the sale contrat between the absents and the presents. The contracting party : his ability may be complete or incomplete; or he may be unable. The vices of the contracting party's assent, which are : violence, lesion and mistake, are quoted the surpose of the contrat includes : the offer and the price. The doctrines demand the purpose of the contrat be known, pure, legally used. It can be communicated. Concerning the price, it must be pure, determinated and estimated on the basis of the price by seller. Then the options of the sale contrat are elucidated (the option of
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Books on the topic "Hanbali"

1

Maghnīyah, Muḥammad Jawād. The five Schools of Islamic law: Al-Hanafi, al-Hanbali ... Qum: Ansariyan Publications, 1995.

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Shams-ul-Haq, Qazi, ed. The principles of Muhammadan jurisprudence according to the Hanafi, Maliki, Shafi'i and Hanbali schools. Lahore: Irfan Law Book House, 2006.

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Abdur, Rahim. The principles of Muhammadan jurisprudence: According to the Hanafi, Maliki, Shafi and Hanbali schools. Lahore: Kausar Brothers, 2003.

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Maghnĭyah, Muḥammad Jawād. The five schools of Islamic law: Al-hanafi, al-hanbali, al-ja'fari, al-maliki, al-shafi'i. Qum: Anssariyan Publications, 1995.

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Hanbai, kōkoku. Tōkyō: Sanʼichi Shobō, 1988.

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Sentā, Un'yu Keizai Kenkyū. Kankōbutsu hanbai mokuroku. Tōkyō: Un'yu Keizai Kenkyū Sentā, 1990.

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Hanbal apsŏn kyŏngmae chaetʻekʻŭ. Sŏul-si: TRC, 2006.

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"Kurita Shuppan Hanbai Shichijūgonenshi" Henshū Iinkai. Kurita Shuppan Hanbai shichijūgonenshi. Tōkyō: Kurita Shuppan Hanbai Kabushiki Kaisha, 1993.

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Ching-ja, Yu, ed. Hanbang miyongpŏp. Sŏul: Osŏng Chʻulpʻansa, 1987.

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1954-, Kim Ki-yŏng, ed. Hanbang yangnihak. Sŏul Tʻŭkpyŏlsi: Ŭisŏngdang, 2004.

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Book chapters on the topic "Hanbali"

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Al-Khatib, Mu’taz. "Abortion in the Hanbali School of Jurisprudence: A Systematic Ethical Approach." In Abortion, 155–67. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-63023-2_13.

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Hurvitz, Nimrod. "Early Hanbalism and the Shi‘a." In The Sunna and Shi'a in History, 37–50. New York: Palgrave Macmillan US, 2011. http://dx.doi.org/10.1057/9781137495068_3.

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Chen, Dongping. "The Intercultural Communication Ability of Hanban Teachers Based on Artificial Intelligence and Big Data." In Advances in Intelligent Systems and Computing, 879–85. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-33-4572-0_126.

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Van Renterghem, Vanessa. "Autorité religieuse et autorité sociale dans le groupe hanbalite bagdadien d’après le «Journal» d’Ibn al-Bannâ’ (ve/xie siècle)." In Miroir de l'Orient Musulman, 63–85. Turnhout: Brepols Publishers, 2011. http://dx.doi.org/10.1484/m.mom-eb.4.00006.

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Mouline, Nabil, and Ethan S. Rundell. "The Birth of the Hanbali Tradition." In Clerics of Islam, 17–45. Yale University Press, 2014. http://dx.doi.org/10.12987/yale/9780300178906.003.0002.

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Mouline, Nabil, and Ethan S. Rundell. "Hanbali-Wahhabism in the Nineteenth Century." In Clerics of Islam, 70–93. Yale University Press, 2014. http://dx.doi.org/10.12987/yale/9780300178906.003.0004.

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Mouline, Nabil, and Ethan S. Rundell. "Routinization and Institutionalization of Hanbali-Wahhabism." In Clerics of Islam, 119–45. Yale University Press, 2014. http://dx.doi.org/10.12987/yale/9780300178906.003.0006.

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"INTRODUCTION." In The Hanbali School of Law and Ibn Taymiyyah, 17–19. Routledge, 2006. http://dx.doi.org/10.4324/9780203481301-10.

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"Ibn Åanbal and Ibn Taymiyyah." In The Hanbali School of Law and Ibn Taymiyyah, 20–46. Routledge, 2006. http://dx.doi.org/10.4324/9780203481301-11.

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"A COMPARISON OF THE BASIC PRINCIPLES OF ISLAMIC LAW ACCORDING TO IBN HANBAL AND IBN TAYMIYYAH." In The Hanbali School of Law and Ibn Taymiyyah, 47–71. Routledge, 2006. http://dx.doi.org/10.4324/9780203481301-12.

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