Qabālah, Qibālah (قبالة) - Definition, Etymology, and Importance in Islamic Law
Definition
Qabālah and Qibālah (Arabic: قبالة) refer to legal terms used within Islamic law that imply a deed of conveyance or transfer of right or property. These terms denote a legally binding document, often signed by a judge, which formalizes the transfer or sale of rights or properties from one party to another.
Etymology
The words “Qabālah” and “Qibālah” are derived from the Arabic root “ق ب ل” (transliteration: q-b-l), which carries the meanings of acceptance or receipt. The term signifies the acceptance or receipt of property or rights by the buyer from the seller under the aegis of a legal framework.
Arabic Translation: قبالة (Qabālah, Qibālah)
Turkish Translation: Taşınmaz Devir (Conveyance of real estate); Sözleşme (Contract)
Legal Context and Usage
In the context of Islamic law and jurisprudence, the terms Qabālah and Qibālah highlight the formal nature of transferring ownership or rights, indicating that the process should be documented and ratified before a judge or legal authority to ensure its validity. These agreements are highly regarded in Sharia, ensuring the binding nature of such transactions and protecting both parties’ rights.
Reference in Islamic Jurisprudence
One of the classical references to Qabālah and Qibālah can be found in the text “Hidāyah” (الهدایة), particularly in volume ii, page 569. Hidāyah stands as a respected Hanafi jurisprudence manual, indicating the procedural and ethical considerations surrounding these transactions.
Further Reading
For those interested in a deeper dive into the subject, the following books and resources are recommended:
- “Al-Hidāyah: The Guide” by Burhan al-Din al-Marghinani
- “Islamic Law of Contracts and Business Transactions” by Ayman H. Abdel-Khalek
- “Studies in Islamic Law and Society” edited by Rudolph Peters
Takeaways
- Qabālah and Qibālah signify the formal process of transferring property or rights under Islamic law.
- These transfers are validated through documentation and are often signed by a judge to ensure legality.
- These terms underscore the importance of formal, legally binding agreements in Islamic jurisprudence.
Conclusion
Understanding Qabālah and Qibālah provides significant insights into how property and rights are transferred within Islamic legal frameworks. These terms emphasize the necessity for legal documentation and protection of contractual rights, highlighting the structured and ethical approach undertaken in Islamic jurisprudence to mitigate disputes and ensure fairness.
