TAḤĀLUF (تحالف)
Etymology and Translation
- Arabic: تحالف (TAḤĀLUF)
- Turkish: Tahaıf
The term TAḤĀLUF derives from the Arabic root ḥ-l-f, which means “to swear” or “to take an oath”. Its primary meaning in the context of Islamic law refers to the mutual swearing of oaths by both parties involved in a civil disagreement.
Definition
TAḤĀLUF signifies the act where both the plaintiff and the defendant, or both the seller and the purchaser in a civil dispute, swear oaths regarding their claims or defenses. This practice is particularly pertinent when there is a disagreement and clear evidence is lacking to decisively support one party’s position over the other.
Legal Context and Application
According to Hamilton’s Hidāyah (vol. iii. p. 85), TAḤĀLUF is utilized in the following scenarios:
Civil Suits
In cases where there is a dispute between the seller and the purchaser, each party is required to swear an oath stating the veracity of their claims. This is intended to ensure that both parties are honest and that neither is being deceitful.
Judicial Resolution
If both plaintiff and defendant oblige in taking the required oaths, and the disagreement remains unresolved through their testimonies, it becomes the duty of the Qāẓī (Islamic judge) to dissolve the sale or contract. This action aims to preclude any possibility of injustice or fraud, thereby maintaining the fiduciary reliability that underpins Islamic commercial jurisprudence.
Books for Further Studies
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“The Hidāyah: A Commentary on the Islamic Laws” by Charles Hamilton
Offers detailed insights into the principles of Islamic law and specific examples including the practice of TAḤĀLUF. -
“Islamic Jurisprudence” by Zahraa Mahdi
An accessible guide to the concepts and applications of Islamic law, including oaths and their implications in civil disputes. -
“Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali
Explores the broader context of Islamic law, including how oaths like TAḤĀLUF serve to ensure justice in the absence of conclusive evidence.
Conclusion
TAḤĀLUF is a crucial principle in Islamic jurisprudence, employed to resolve disputes in the absence of clear evidence. By mandating both parties to take oaths, the system underscores the sanctity of truthfulness and ethical dealings. This practice not only reinforces moral integrity among disputants but also aids in preserving justice within Islamic legal proceedings.
Takeaways
- Ethical Integrity: TAḤĀLUF exemplifies the emphasis on ethical integrity in Islamic law.
- Judicial Prudence: The Qāẓī’s role in dissolving unresolved disputes showcases the precautionary measures embedded within Islamic jurisprudence to ensure fairness.
- Scholarly Resources: Several seminal books provide deeper understanding and context for this principle, beneficial for anyone studying Islamic legal traditions.
