Crime and Punishment in Islamic Law; Theory and Practice from the Sixteenth to the Twenty-first Century

Crime and Punishment in Islamic Law; Theory and Practice from the Sixteenth to the Twenty-first... book reviews 294 should be fulfilled,” instead of “unless they have a pact, which is fully fulfilled.” On p. 45, the sentence fa-lamm § k § nat al-‘a ã iyya al-mu ã laqa wa’l-kir §" al-mu ã laq innam § yuq ß ad bihim § al-wajh al-j §" iz È umila mulk al-su "§ l # al § dh § lika wa-lam yu È kam siw § bi-hadm al-kan Ê sa is translated as, “When the terms “outright gift” or “unlimited lease” were only aimed at the permissible form ( wajh ). M § lik took up the question on that, and only gave a ruling on demolition of the kan Ê sa .” The phrase is a conditional sentence and there is no reason to read “M § lik” instead of “ mulk .” It may be translated as, “When there is an unrestricted gift or lease, the permissible type [of gift or lease] is only intended, [and] an examination of the ownership [of the property] in question is restricted to this [principle] so that a judgment for the destruction of the synagogue must be issued.” On p. 54, the phrase alhama all § h ba #· http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Islamic Law and Society Brill

Crime and Punishment in Islamic Law; Theory and Practice from the Sixteenth to the Twenty-first Century

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Publisher
BRILL
Copyright
© 2007 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9380
eISSN
1568-5195
D.O.I.
10.1163/156851907781492458
Publisher site
See Article on Publisher Site

Abstract

book reviews 294 should be fulfilled,” instead of “unless they have a pact, which is fully fulfilled.” On p. 45, the sentence fa-lamm § k § nat al-‘a ã iyya al-mu ã laqa wa’l-kir §" al-mu ã laq innam § yuq ß ad bihim § al-wajh al-j §" iz È umila mulk al-su "§ l # al § dh § lika wa-lam yu È kam siw § bi-hadm al-kan Ê sa is translated as, “When the terms “outright gift” or “unlimited lease” were only aimed at the permissible form ( wajh ). M § lik took up the question on that, and only gave a ruling on demolition of the kan Ê sa .” The phrase is a conditional sentence and there is no reason to read “M § lik” instead of “ mulk .” It may be translated as, “When there is an unrestricted gift or lease, the permissible type [of gift or lease] is only intended, [and] an examination of the ownership [of the property] in question is restricted to this [principle] so that a judgment for the destruction of the synagogue must be issued.” On p. 54, the phrase alhama all § h ba #·

Journal

Islamic Law and SocietyBrill

Published: Jan 1, 2007

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