XI
Glossary of Terms
Ahliyyah al-ada Having achieved puberty and possessing mental
discrimination.
Ahliyyah al tabarru’ Legal capacity to create a waqf, i.e., having ahliyyah al
wujuh and ahliyyah al-ada.
Ahliyyah al-wujuh In existence and having a legal entity.
Akarat The revenue or income bearing property that is endowed
together with the hayrat for purposes of supporting the
akarat,
Arkan The essential elements for the existence of a contract.
Aqil Baligh Puberty.
‘Aqidan Contracting party.
Batil Void.
Dhimah mustaqilah Legal
entity. Dhimmi Entity.
Fasikh A Hanafi concept whereby a contract is void unless made
valid by amendment, addition, or deletion of a condition.
Fiqh A set of Islamic rulings or law pertaining to a particular
subject matter.
Fuqaha Muslim jurists.
Halal Concept by which activities, processes, actions and
products are measured as to their permissibility or
licitness in accordance with Sharia’ requirements.
Hayrat Property that is endowed and intended for charitable use
Ijarah A contract of hire of usufruct. It can be either an
employment of services (ijarah al-’amal) or the rental of
property (ijarah) in exchange for a fee or salary (ujrah) and
rent (ujur), respectively.
Maqasid al-Sharia’ Purposes of the law.