ARĀẒĪ (اراضى‎) in Islamic Law

Islamic Law Land Sale ARĀẒĪ
Explore the term 'ARĀẒĪ,' its implications, and usage in the Islamic legal context. Understand the nuances of land sale in Islamic jurisprudence, including exclusions like tombs and harvest stations.
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ARĀẒĪ (اراضى‎)

Definition

ARĀẒĪ (اراضى‎): The Arabic term “ARĀẒĪ” translates to “lands”. In the context of Islamic jurisprudence, it specifically refers to the sale of lands and the legal implications surrounding such transactions.

Etymology

  • Arabic: أراضى‎ (ARĀẒĪ)
  • Turkish: Araziler

In Islamic law, the sale of land comes with specific stipulations and exclusions:

  1. Tombs: The sale of land does not include tombs. This exclusion is significant because tombs are considered sacred and are generally excluded from commercial transactions.

  2. Harvest Stations: A place or station for casting the harvest is not considered one of the rights and advantages of the land, and therefore, it does not enter into the sale of it. This indicates a clear distinction between the land itself and the associated agricultural infrastructure.

Islamic Jurisprudence References

The details about land sale, including exclusions like tombs and harvest stations, can be found in seminal works on Islamic law such as Baillie’s Law of Sale (pages 54, 55).

Further Reading

For those interested in a deeper exploration of Islamic legal principles surrounding land transactions, the following books are recommended:

  • “Islamic Law and Legal Theory” by Ian Edge
  • “The Encyclopedia of Islam” edited by P.J. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel, and W.P. Heinrichs
  • “Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali

Takeaways

  • ARĀẒĪ refers to lands, particularly in the context of sale and legal stipulations in Islamic law.
  • Tombs and harvest stations are excluded from land sales, indicating a nuanced legal framework.
  • Familiarity with foundational texts like Baillie’s Law of Sale can provide critical insights into these legal principles.

Conclusion

Understanding the term ARĀẒĪ and its nuances in Islamic law is crucial for comprehending the complexities of land transactions in Muslim-majority societies. Legal, cultural, and religious factors collectively influence these transactions, underscoring the importance of detailed jurisprudential knowledge.

This entry provides a holistic understanding of “ARĀẒĪ” and its legal significance in Islam, aiding both academic study and practical application.

As-Sāmirī (السامرِيّ‎)
Ar-Raqīm

Dictionary of Islam

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