Glossary. The Author(s) 2015 M.A. Al-Bar and H. Chamsi-Pasha, Contemporary Bioethics, DOI /

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1 Glossary Aql reason; an authoritative source of law for Shiite Islam (after Qur an and Sunna) Aqd contract Arsh compensation for a wound Advance directive (AD) a legally binding statement of preferences for treatment at the end of life Akhlaq virtue ethics; ethics in general Al-Akhlāqiyāt Ethics as related to human behavior or conduct Alim singular of ulama; a religious authority; literally, one who knows ART assisted reproductive technology; methods of assisting infertile couples to have children Ash ari a school of Islamic theology, very influential in Sunni Islam; founded by Abu hasan al-ash ari (d.circa 941) Asnad (singular, Sanad) statement of chain of authorities in a tradition of the Prophet Batil void Bayyina proof positive Cadaveric donations organs removed from donors after death Ḍarūrah Dire necessity; external mitigating factors; an essential rule which renders a forbidden act permissible under certain critical conditions Diyya blood money payable in respect of unintentional homicide DNR a do-not-resuscitate order in the case of heart or lung failure, extensive disease, multiple organ failure, widespread cancer etc., where Cardio Pulmonary Resuscitation (CPR) is considered unsuitable and will only increase the suffering of the patient The Author(s) 2015 M.A. Al-Bar and H. Chamsi-Pasha, Contemporary Bioethics, DOI /

2 262 Glossary Fatwā (pl. fatāwā) A non-binding, context specific Islamic ethico-legal assessment or ruling issued by a trained Islamic jurist. The Fatwa of the highest authority in the country is binding to that country Fiqh Jurisprudential understanding or an ethico-legal ruling; legal discourse Fuqaha jurists; those trained in the discipline of fiqh Fitra a Qur anic doctrine that signifies innate nature or disposition with which humans have been created Furu al-fiqh (branches of jurisprudence) an elaboration of rules which govern ritual and social activities Ghayb Unseen realm Hadd a prescribed penalty for certain specific offenses Hadith record of the traditions or sayings of the Prophet Muhammad, revered and received as a major source of religious law and moral guidance, second only to the authority of the Qur an, the holy book of Islam Hanafi the most widespread of the four Sunni schools of law, dominant in Turkey, the Eastern Mediterranean, and South Asia. Hanafī legal thought (madhhab) developed from the teachings of the theologian Imām Abū Ḥanīfah (c ) by such disciples as Abū Yūsuf (d. 798) and Muhammad ash-shaybānī (749/ ) and became the official system of Islāmic legal interpretation of the Abbāsids, Seljuqs, and Ottomans Hanbali the least widespread of the four Sunni schools of law, dominant in the Arabian Peninsula. It is based on the teachings of Aḥmad ibn Ḥanbal ( ). the Ḥanbalī legal school (madhhab) emphasized virtually complete dependence on the divine in the establishment of legal theory and rejected personal opinion (ra y), analogy (qiyās) Haram forbidden by law; taboo; one of the five values of legal action Hurma sanctity of the human body, Places of worship e.g. mosques and the inviolability of freedom of religion, human life Ḥukm (pl. aḥkām) Ruling; Judgment; decree IFC of Islamic World League Islamic Fiqh council of Islamic World League, Makkah Al Mukaramah (Majma al-fiqhi al-islami of the Muslim World League, Makkah) Ifta the giving of legal opinions (fatwas) by muftis Idda the period during which a divorced or widowed woman may not re-marry Ijhad (isqat) abortion whether spontaneous or induced

3 Glossary 263 Ijmā Consensus agreement, usually of the scholars; an authoritative source for Islamic law; after Qur an and Sunna Ijtihad Juristic effort or methodology used to construct a fatwa in a novel or unprecedented case Ijtihad jama i The process of group decision making based on uṣūl al-fiqh within a council of Islamic juris consults Illa effective cause (on which ta lil is based) Imam Sunnism: the leader of prayer or of a congregation; a political leader Imam Shiism: one of the twelve descendants of the Prophet who led the community; the twelfth Imam remains hidden and will return IOMS Islamic Organization of Medical Sciences (Kuwait) IUD intrauterine device, a form of contraceptive IVF in vitro fertilization, fertilization of the egg outside of the womb Istihsan in Jurisprudence the method of prioritization of two or more equally valid judgments through juristic practice; also known as juristic preference usually used by Hanafi Jurists Istislah one of the major principles in promoting and securing benefits and preventing and removing harms in the public sphere. Maslaha has been linked to the term istislah that is, to seek to promote and secure common good. It was first introduced by Iman Malik but accepted by all others with difference details Ittibā Following the example of (an individual) Ja fari the dominant Shiite school of law, found among the Imami (Twelver) Shiites La darar wa la dirar fi al-islam various meanings are taken into consideration. Among these are: In islam there shall be no harm inflicted or reciprocated Madarra in the context of public good, an obligation to prevent and remove evil. It comes close to the principle of non-maleficence in secular bioethics Madhhab (pl. madhāhīb) doctrine, The schools of Islamic law which have tradition-based legal theories; group of scholars sharing a common outlook on sources and their interpretation Maliki one of the four Sunni schools of law, dominant in North and West Africa Mālikiyyah also called Madhhab Mālik, English Malikites, one of the four Sunnī schools of law. Founded in the eighth century and based on the teachings of the imam Mālik ibn Anas, the Mālikiyyah stressed local Medinese community practice (sunnah), preferring traditional opinions (ra y) and analogical reasoning

4 264 Glossary (qiyās) to a strict and reliance on Ḥadīth (traditions concerning the Prophet s life and utterances) as a basis for legal judgment Manfa a in the context of public good, an obligation to seek and promote good. It comes close to the principle of beneficence in secular bioethics Makruh disapproved, reprehensible; one of the five legal categories; but not prohibited by Islamic Law. However, the Hanafi school use the word Makruh in two different meanings (i) Prohibited things not officially mentioned in the Qur an or Hadith as Prohibited; (ii); Preferable to avoid but if committed not considered as sin (Haram) Maqasid al-shari a the aims of the shari a; principles perceived as underlying Islamic law Maslaha general principle of public good. A variably interpreted source of Islamic law. This principle is evoked in providing solutions to majority of novel issues in biomedical ethics. Maslaha can refer to actions that customarily agree with what reasonable people do Masalih al-mursala al the phrase signifies public good that is established by reason. Technically, al-mursala means extra-revelatory that is not requiring scriptural proof. When used with maslaha, the phrase signifies seeking the good of the people without any reference to a particular text in the revelation Mubah allowable, indifferent; one of the five legal categories Muftī/faqīh Islamic ethicist; Juris consult, authoritative person who renders a legal opinion (fatwa) in response to a query Mu tazali a school of Islamic theology, very influential in Zaidi Shiite Islam, and to some extent in other Shiite groups and Ibadiya group found in Oman, Algeirs some part of Libya Mu tazilah (Arabic: Those Who Withdraw, or Stand Apart) English Mutazilites, in Islām, political or religious neutralists; by the tenth century the term came to refer specifically to an Islāmic school of speculative theology that flourished in Basra and Baghdad (eighth tenth centuries ad). The name first appears in early Islāmic history in the dispute over Alī s leadership of the Muslim community after the murder of the third caliph, Uthmān (656). Those who would neither condemn nor sanction Alī or his opponents but took a middle position were termed the Mu tazilah Nafs Self, sometimes used interchangeably with rūḥ (Soul) Nasab blood relationship Naskh abrogation, repeal, supersession Naṣṣ Textual sources of the Islamic ethico-legal tradition, such as the Qu ran and the Sunnah

5 Glossary 265 Niyya intention No harm, no harassment functions both as a principle and a source for the rule that states hardship necessitates relief OIC Organization of the Islamic Conference (Jeddah), an intergovernmental organization representing fifty-seven Muslim states OIC-IFA The International Islamic Fiqh Academy of Organization of Islamic Conferences (Majma al-fiqhi al-islami of the Organization of the Islamic Conference, Jeddah) Oocytes human egg cells Preventing harm has a priority over promoting good this principle is the main source for careful analysis of harm and benefit when for example, a medical procedure prolongs the life of a terminally ill patient without advancing long term cure Qāḍī A judge who is given legal authority by an Islamic government Qawa id fiqhi primary rules in juridical methodology for deducing rulings. See also: qawa id usul Qawa id usul primary principles in Islamic juristic ethics that are stated as obligations and their derivatives are stated as qawa id fiqhi Qiyas reasoning and deduction of rules of law by analogy with Qur an, Sunna and Ijma; a formal source (uṣūl) of Islamic law Qur an God s revelation to the Prophet Muhammad; the most authoritative document in Islam Ra y, al Sound opinion formulated by a jurist in order to promote the good of the people. Accepted, mainly by Hanafi jurists Rūḥ Soul Ruwat (Singular Rawi) narrators Shafi i one of the four Sunni schools of law, dominant in Egypt and Southeast Asia, South Yemen. Somalia etc. Shāfi īyah also called Madhhab Shāfi ī, English Shafiites, one of the four Sunnī schools ofreligious law, derived from the teachings of Abū Abd Allāh ash- Shāfi ī ( ). This legal school (madhhab) stabilized the bases of Islāmic legal theory, admitting the validity of both divine will and human speculation. Imam Shāfi ī introduced Qiyas (Analogy) as a source of reaching Hokum (plural Ahkam) after the Qur an, Sunna and Ijma. It was agreed also by others Shari a, Sharī ah Islamic law; the correct path of action as determined by God

6 266 Glossary Shiites Shi a, a Muslim sect that differs from Sunnis in several ways, especially their veneration of the Prophet's family; Imami Shiites are dominant in Iran and Iraq; Isma i'li s are found in South Asia and East Africa; Zaydis dominate in Yemen Shura juristic rule of consultation, a feature of Islamic communitarian ethics, against the dominant principle of autonomy that is based on liberal individualism. Muslims are exhorted to conduct their affairs by mutual consultation Sufi one concerned with the esoteric side of religious belief; a mystic Sunna Tradition a hadith report, collected and compiled to form the basis for legal ethical rulings, the second authoritative source for Muslims; the correct way of doing things; the Prophet Muhammad exemplary action as recorded in hadith Sunnah (Arabic: habitual practice ) also spelled Sunna, the body of traditional social and legal custom and practice of the Islamic community. Along with the Qur ān (the holy book of Islam) and Hadith (recorded sayings of the Prophet Muhammad), it is a major source of Sharī ah, or Islamic law Sunni the majority sect of Muslims, as opposed to Shiite Sura one of the 114 chapters of the Qur an Tafsir interpretation, usually of the Qur an Talaq dissolution of marriage by the husband; Repudiation or divorce; Tazir a doctrine of punishment; (literally) disgracing Ulama religious scholars, literally, the people of knowledge. The term refers to scholars of the Islamic tradition trained in Islamic seminaries. A near-equivalent term or synonym is Fuqahā (singular Faqīh), meaning, scholars of fiqh, which specifically refers to Islamic scholars of law and ethics U rf (also ada) usage; custom; refers to the social practice and norms of a community. It is regarded as one of the important sources in deriving judicial rulings based on conventions and customs of the region, but it should not contradict a rule of Qur an, Sunna, Ijma or Qiyas Umma Muslim community; supercedes all other loyalties Uṣūl al-fiqh Islamic legal theory or moral theology; the science identifies the sources of ethicolegal knowledge and lays down the discursive rules for moralethical reasoning; literally, roots of jurisprudence Wahy inspiration Walī Guardian and protector; one who is responsible for someone else Wilāyah Authority and governance

7 Glossary 267 Yaqīn Absolute certainty Zahiri a historically important school of law, emphasizing literal interpretation of the sources Ẓāhirīyah, (Arabic: Literalists ) followers of an Islamic legal and theological school that insisted on strict adherence to the literal text (ẓāhir) of the Qur ān and Ḥadīth (sayings and actions of the Prophet Muḥammad) as the only source of Muslim law. It rejected practices in law (fiqh) such as analogical reasoning (qiyas) and pure reason (ra y) as sources of jurisprudence and looked askance at consensus (ijmā). Theologically, the school formed the extreme rejection of anthropomorphism (tashbih), attributing to God only those essential elements and qualities set forth clearly in the Qur ān. Ẓannī refers to a judgment (or proof text interpretation) that is probability based Zaydi a subgroup of Shiites, found in Yemen Zina illicit sexual intercourse