FAIʾ (فى)
Definition
FAIʾ (فى) refers to booty obtained from infidels without resistance. This term is specifically used in Islamic jurisprudence to differentiate between types of war spoils. Faiʾ is distinct from ghanīmah, which refers to plunder or spoils taken through conquest with resistance.
Etymology
The term “FAIʾ” (فى) is derived from the Arabic root “ف-ئ”, which signifies “return” or “restoration.” It implies the spoils of war that “return” to the Islamic state from lands or people who submit without a fight.
Arabic and Turkish Translations
- Arabic: فى
- Turkish: Fai
Historical Context and Usage
According to various historical sources, including Islamic jurisprudence texts and hadith collections, the distinction between faiʾ and ghanīmah was significant in early Islamic history. Muḥammad ibn Ṭāhir noted that faiʾ is specifically the booty taken from a territory or people who submitted to Islam without offering resistance.
The second caliph, `Umar ibn al-Khattāb (r), emphasized this distinction, noting that this form of booty was a special prerogative granted to the Prophet Muhammad (s) which was not available to any other prophet.
Prophet Muhammad’s Practice
One specific episode narrated by ʿAuf ibn Mālik highlights that the Prophet Muhammad (s) would divide faiʾ immediately upon acquisition. The Prophet allocated shares based on marital status, granting two shares to a married man and one to an unmarried man. This practice is documented in the Mishkāt al-Maṣābīḥ, Book XVII, Chapter XII.
Scholarly Perspectives
Recommended Books for Further Study
- “The Early Islamic Institutions: Administration and Taxation from Muhammad to the Umayyads” by Yasin Dutton
- “Islamic Jurisprudence: An International Perspective” by Ahmad Hasan
- “The History of Al-Tabari: The Conquest of Arabia” translated by Fred M. Donner
- “War and Peace in the Law of Islam” by Majid Khadduri
Takeaways
- Faiʾ refers to booty obtained from territories or people who submit to Islamic rule without resistance.
- This concept emphasizes the justice and structured approach of Islamic law in dealing with war spoils.
- The Prophet Muhammad (s) had unique privileges concerning the division and distribution of faiʾ, which set precedents for future Islamic leadership.
Conclusion
FAIʾ (فى) is an essential term within Islamic legal and historical discourse. Understanding the difference between faiʾ and ghanīmah offers insights into Islamic practices concerning war spoils and the administrative strategies of early Islamic governance. The distinction underscores the flexibility and equity embedded in Islamic law, balancing both justice and the need for communal support.
By exploring these facets of faiʾ, one gains a deeper appreciation of the complexities and nuances in early Islamic legal and ethical frameworks.
