G͟HURRAH (غرة)
Definition and Context
Ghurrah (غرة), in the context of Islamic jurisprudence, refers to a specific type of fine or indemnity. It is stipulated as a compensation of five hundred dirhams or a slave of equivalent value. This fine is particularly relevant in cases where a person causes a woman to miscarry through an act of violence or negligence.
Etymology
The term Ghurrah (غرة) originates from Arabic, where it literally means “perfection” or “the best part.” The root of the word is غ ر ر (gh-r-r), which can denote brightness or being distinguished. In this legal context, it signifies a specific and distinguished form of compensation.
Translation
- Arabic: غرة
- Turkish: Gurra
Legal Context and Application
The application of Ghurrah is specifically detailed in classical Islamic legal texts. For instance, it is mentioned in “Hidāyah, a classical text on Hanafi jurisprudence, where it’s defined within the framework of Diyah (blood money or compensation):
<p>“It is the fine for a person striking a woman so as to occasion a miscarriage” (Hidāyah, vol. iv. p. 552).</p>
Intersection with Diyah
Ghurrah forms a crucial part of the broader concepts of Diyah (blood money) prescribed in Islamic law. Diyah is structured to ensure justice and compensation for various harms and injuries, including miscarriage caused by external factors.
Books for Further Study
To delve deeper into the concepts surrounding Ghurrah and related aspects of Islamic jurisprudence, the following books are recommended:
- “The Hedaya: Commentary on the Islamic Laws” by Charles Hamilton: This translation of the classical Hanafi fiqh manual offers detailed legal explanations, including the application of Ghurrah.
- “Islamic Jurisprudence in the Classical Era” by Norman Calder: Provides a detailed exploration of various Islamic legal concepts and their historical contexts.
- “Introduction to Islamic Law” by Joseph Schacht: A seminal text that provides an overview of the development and practice of Islamic law, including cases involving Diyah.
Takeaways and Conclusion
Ghurrah (غرة) exemplifies the precision and structure of Islamic legal principles in matters of compensation and justice. It specifically addresses the unfortunate circumstance of miscarriage due to physical violence, assigning a clear monetary or equivalent value penalty. This reflects the detailed nature of Islamic jurisprudence in catering to various aspects of societal conduct and ensuring justice.
In summary, understanding Ghurrah enhances our comprehension of how Islamic law integrates compensation mechanisms to uphold justice, particularly in sensitive and impactful scenarios like miscarriage.
By structuring the entry in this manner, we offer a comprehensive look into a specific Islamic legal term, contextualizing its application, and providing resources for further exploration.
