GLOSSARY AND GUIDE

1. General translation methodology

My principal aim has been to provide a word for word translation of the Code1, using English
words and expressions with sufficient linguistic and legal fidelity and accuracy to enable the
meaning of the Arabic to appear fully and correctly from the words of the translation itself,
without further annotation or explanation. Mostly that has been possible. In many cases,
however, it has not been possible, particularly where the original text repeats or is closely
modelled on the wording of rules of law formulated in the early years of Islam. The
explanations appearing below will show how I have dealt with those cases where a direct
word to word correspondence has not been possible.

I have assumed in the reader an overall familiarity with the more common terminology of
English law, and the great majority of the words and expressions used in the translation will
be self explanatory to those having such familiarity.

Note to students of Arabic: The translation of the statutory text of the Code may safely be
taken as a linguistically faithful rendering and used as a learning tool by students of legal
Arabic. Although the same applies to many parts of the Commentary, it does not apply to all
parts, as the translation contains expansions, omissions, syncopations and paraphrases, as
explained in the separate preface to the Commentary.

Acknowledgment: In my preface to the 1987 translation I acknowledged my debt of gratitude

to my then wife Carol Whelan for her unfailing encouragement in the long task of translation.
Despite the fact that the tides of life have since taken us in different directions, it is a measure
of her constancy to this venture that she willingly undertook the task of editing, error reading
and correction in the glossary.

2. Footnotes
For the most part, the words and expressions that require explanation are footnoted in the
text, and the reader can then refer to those words in the glossary for further explanation.

In most cases the glossary gives the numbers of those articles where the Arabic word appears,
so that the user can, by looking at those articles as well as the definitions in the glossary
itself, see the range of usage of the word. In some cases the references in the glossary refer
to parts of the Commentary, or to separate vocabulary notes that I have inserted into the Code
or the Commentary.

3. Words with both specialised and non-specialised meanings

Certain words are used both as technical legal terms, and as ordinary non-technical terms.
For example, muttaṣil is both a technical term dealt with in the glossary, and also a general
term meaning inter alia 'related to'. No special mention is made of the non-technical uses of
words that have both technical and non-technical uses.

4. Technical words of infrequent occurrence

Where a technical word, or a particular technical use of a word, occurs rarely or only once in
the Code and is sufficiently discussed or explained in a footnote or in the body of the text at

1
For the methodology adopted for the translation of the Commentary, see the preface to the Commentary.
the place where it appears, it is not usually included in the glossary. Examples are masāgh in
article 1 and maʿdūm in article 55. In such cases the footnotes to those articles give sufficient
explanation, and they are not included in the glossary.

5. Table of English to Arabic correspondences

It is inevitable in the nature of things that it is not always possible in translating to ensure an
invariable one-to-one correspondence between Arabic and English words. However, in the
case of certain technical terms of frequent occurrence, I have particularly endeavoured to
ensure a one-to-one correspondence in respect of the English words and expressions
appearing in the table at the end of this Section 5.

The English words and expressions appearing in the table are invariably (save where
separately noted in the text) translations of the corresponding Arabic words.

The intended advantage of assembling these words in a table of correspondences is twofold.

Firstly, it saves overburdening the text with hundreds of additional footnotes.

Secondly, taking the example of the word 'damage', the reader will know, by the fact that it is
included in the table below, that wherever it appears in the text it is always a translation of
talaf. A search under talaf in the glossary will show that it is defined in the commentary to
article 300. In this way, there should never be any doubt as to the exact meaning and scope
of the word 'damage' in the translation.

The rare exceptions are specifically marked in a footnote to the text.

The above applies to the words as they appear in the translation of statutory text of the Code
itself. Although I have endeavoured to apply the same principles to the translation of the
Commentary, there are inevitably places where it will have been departed from. This should
not in practice create any confusion, as the text of the Code itself will show which word is
intended.

English words that invariably translate Arabic transliteration Arabic

the corresponding Arabic words
bear the risk/loss ḍamān ‫ضمان‬
custom ʿurf ‫عرف‬
damage talaf ‫تلف‬
disposition taṣarruf ‫تصرف‬
executor/executorship waṣīy/wiṣāya ‫وصاية‬/‫وصي‬
fair fee ujr/ujrat al-mithl ‫أجرة المثل‬/‫أجر‬
fair remuneration
fair rent
fair wage
guardian/guardianship walīy/wilāya ‫ولية‬/‫ولي‬
harm ḍarar ‫ضرر‬
heir wārith ‫وارث‬
in rem ʿayn, ʿaynan, aynīy ‫عين عينا ا عينيي‬
in rem security taʾmīn ʿaynīy ‫تأمين عينيي‬
indemnify/indemnity ḍamān ‫ضمان‬
infringement taʿaddī ّ‫تعيدي‬
legator muwarrith (in respect of the mandatory ‫مويرث‬
part of the inheritance under Islamic
law)
liable, make/hold liable ḍamān ‫ضمان‬
make good ḍamān ‫ضمان‬
obligee dāʾin ‫دائن‬
obligor madīn ‫مدين‬
ordinary ʿādīy/muʿtād ‫عاد ي‬
‫معتاد‬/ّ‫ي‬
perish halāk ‫هلكا‬
practice ʿāda ‫عادة‬
price thaman ‫ثمن‬
protector/protectorship qayyim/qiwāma ‫قوامة‬/ّ‫قييم‬
real property, real estate (or translated ʿaqār ‫عقار‬
just as 'property' where it is evident
from the context)
rescind fasakh ‫فسخ‬
responsible/responsibility masʾūl/masʾūlīya ‫مسؤولية‬/‫مسؤول‬
right in rem ḥaqq ʿaynīy ‫حق عينيي‬
security in rem taʾmīn ʿaynīy ‫تأمين عينيي‬
specie, in specie ʿayn, ʿaynan, aynīy ‫عين عينا ا عينيي‬
usage (in the sense of custom) istiʿmāl ‫استعمال‬
usual ʿādīy/muʿtād ‫معتاد‬/ّ‫ي‬‫عاد ي‬
value qīma ‫قيمة‬
victim maḍrūr / mutaḍarrir (one who has ‫مضرور متضيرر‬
suffered ḍarar)
void (of no legal effect whatever) bāṭil ‫باطل‬
voluntary disposition tabarruʿ ّ‫تبيرع‬
wrongdoing, wrongful act taʿaddī ّ‫تعدد تعيدي‬

6. Special note on ḍamān

The concept of ḍamān is one of the most frequently used concepts in the Code. It does not
allow of a simple one-to-one translation. The original etymological meaning is to contain.
By extension, it means to contain a loss in the sense that the loss stays with, or falls on, or
may be imposed on, the person 'containing' it.

The active participle is ḍāmin, so the ḍāmin is the person subject to the ḍamān.

In most cases, ḍamān indicates liability for loss or damage caused to another, whether in his
goods or otherwise. Where e.g. a person is at fault for causing loss, he will be the ḍāmin of
the loss. This is variously translated as being liable for it, or having the obligation to make it
good, or to provide an indemnity for it. In such a case the relationship of ḍamān is between
two parties. See for example article 777.

In certain cases the obligation of ḍamān will be absolute - a concept akin to strict liability in
English law. A prime example is the case of misappropriation of goods. Once the
misappropriation has taken place, the misappropriator becomes a ḍāmin - strictly liable for
loss or damage however carefully he looks after the goods following his initial wrongful act -
see article 304(3).
In the case of misappropriation, the meaning of ḍamān is further extended to being held
accountable for the profits or yield of the thing misappropriated - see article 304(4). In that
case it means being obliged to disgorge a profit rather than being liable for a loss.

The concept of ḍamān also embraces a guarantee in the sense of a person assuming a liability
for the non-performance of an obligation by another. In this sense it is virtually synonymous
with the English law concept of a (third party) guarantee, and is translated as guarantee. See
for example articles 377 and 447.

The word is also used in the sense of who bears the risk of loss. E.g. the seller is the ḍāmin
of goods sold if they perish (even without his fault) prior to delivery to the buyer - see article
496. This does not mean that he has to compensate the buyer. It means that the loss falls on
and stays with the seller, and that he has no claim against the buyer.

In some cases the concept of ḍamān does not involve a relationship of obligation between
persons, and bears no connotation of liability or guarantee. For example, a person who is the
absolute beneficial owner of a thing in his own possession is the ḍāmin of it, in the sense that
if it is lost or damaged the loss will fall on him - be 'contained' by him - and not on another.
Sometimes this concept is best expressed by the goods being at the risk of a certain person, in
the sense of bearing the burden of the loss with no recourse against another- see e.g. articles
66 and 1452.

7. Abbreviations and indexing/lexicographical expressions:

act. part. active participle
adj. adjective
art. article
cf. compare
cv. causative verb: e.g. fāsid cv. yufsid. fāsid means defective, and the
corresponding causative verb yufsid means to render defective, to vitiate
esp. especially
et and
et seq. et sequentes/sequentia - and following (i.e. the immediately following
words, lines or articles)
et supra and above
incl. including
lit. literally
passim sporadically, scattered throughout the work; it usually indicates that the
word in question is so frequent that it has not been useful or practicable
to note all the individual instances
pl. plural
pp. passive participle (e.g. ʿurf pp. maʿrūf means that maʿrūf 'known' is the
passive participle corresponding to the headword ʿurf.
qv. quod vide, qua vide - which see, i.e. look up under that heading/those
qqv. headings
usu. usually
vn. verbal noun (e.g. ajāz vn. ijāza means that ajāz is the finite verb and
ijāza is the corresponding verbal noun, as in the English pair
 permit/permission)

8. Grammatical variants of words:

For the purposes of citing words, I have for the most part cited in the glossary only one
grammatical variant of the word, sometimes two. These will be the form or forms most often
occurring in the text. For example, from the verb ittaṣal the following forms occur in the
text:
ittaṣal: finite verb - past (masculine singular)
yattaṣil finite verb - present (masculine singular)
ittiṣāl verbal noun
muttaṣil adjectival participle
Where this word appears in the text as a finite verb in the past or present tense, respectively
ittaṣal and yattaṣil, I have footnoted it for purposes of reference to the glossary as the verbal
noun ittiṣāl.

Where a noun has been cited in the plural, reference is made to its corresponding singular.
E.g. the entry under arkān refers to the singular form rukn, and it is under the singular form
rukn that the word is discussed and cross-referenced.

Verbs and adjectives appearing in the feminine and/or plural have been cited both in the
glossary and in the footnotes to the text in the masculine singular.

9. Transliteration:
The Arabic consonants are transliterated as follows (following the Arabic alphabetical order):
Arabic Transliteration
‫أ ء‬ hamza - the glottal stop: ʾ (backward facing apostrophe - cf. ʿ forward facing apostrophe
for ʿayn). Note that the hamza is transliterated medially and finally, but not initially.
Thus barāʾa and barīʾ respectively for ‫ براءة‬and ‫برىء‬, but ibrāʾ (and not ʾibrāʾ) for ‫إبراء‬.
‫ب‬ b
‫ت‬ t
‫ث‬ th
‫ج‬ j
‫ح‬ ḥ
‫خ‬ kh
‫د‬ d
‫ذ‬ dh
‫ر‬ r
‫ز‬ z
‫س‬ s
‫ش‬ sh
‫ص‬ ṣ
‫ض‬ ḍ
‫ط‬ ṭ
‫ظ‬ ẓ
ّ‫ع‬ ʿ (forward facing apostrophe - cf. ʾ backward facing apostrophe for hamza)
‫غ‬ gh
‫ف‬ f
‫ق‬ q
‫كا‬ k
 ‫ل‬ l
‫م‬ m
‫ن‬ n
‫ه‬ h
‫و‬ w
ّ‫ي‬ y

The long vowels are marked by a macron: a/ā, i/ī, u/ū.

Doubled (mushaddad) consonants are written as two adjacent letters. E.g. ‫ ميكن‬makkan. Where the
doubled letter is transliterated as a digraph (i.e. two letters together representing one sound, e.g. /sh/),
the whole digraph is doubled. E.g. ‫ش‬ ‫ غ ي‬ghishsh.

The tāʾ marbūṭa ~ ‫ ة‬is transliterated as -a, unless in a possessive construction, when it is
transliterated as -at. E.g. ujra, but ujrat al-mithl.

In common with prevailing practice I have ignored the taʿrīb (final short vowels and nunation), with
the exception of the indefinite accusative (naṣb) ending ~an used adverbially. Thus, as nouns, ʿāda
(not ʿādatun) and ʿayn (not ʿaynun), but used as adverbs they are transliterated respectively as
ʿādatan and ʿaynan.

10. References in the body of the glossary:

The numbers in the third column of the glossary below are the numbers of the articles in which that
word or phrase appears. Not every occurrence has been noted, particularly in respect of the most
frequent words.

A capital C in front of a number is a reference to the Commentary for that article.

An article number or other reference in bold indicates that the word is defined or otherwise explained
in that place. Where such a definition or explanation is found elsewhere, it is for the most part not
repeated in the glossary, and the reader should refer to the place indicated. E.g. under amāna, the
reference general overview above C282 means that the reader should read the general overview in
the commentary above article 282 for a fuller explanation.

Order of entries: The order follows the letters of the roman alphabet, that is to say ignoring
diacriticals, and ignoring also the ʾ (hamza) and the ʿ (ʿayn).

Transliteration Arabic English

aʿadd ‫أعدد‬ prepare, make ready, make (e.g. evidence, a plan): 8, 889
hold (oneself) ready, e.g. for duty: 912
to design, intend, as in the intended purpose: 349, 517, 777,
vn. iʿdād 1157, 1186, 1191, 1202
aʿār vn. iʿāra ‫أعار‬ lend: see under iʿāra

ʿāda ‫عادة‬ 1. practice, in the sense of usage or custom, - overlaps with

ʿurf = custom, and istiʿmāl = usage: 46, 47, 246
2. habit, as in the habitual behaviour of an animal: 1204
ʿādatan See note under ʿurf in this glossary.
ʿādatan: adverbial form of ʿāda = usually, normally: 81, 569
ʿāda muḥkama ‫عادة مكحمة‬ established or firm practice/usage: 46

adabīy ‫أدب‬ moral, as opposed to material/pecuniary (harm or interest): 254,

293
adilla ‫أددلة‬ pl. of dalīl

ʿādīy ‫ي‬
‫عاد د‬
ordinary, usual
1. ordinary as opposed to a priority creditor: 1256, 1399
(the adjectival
form of ʿāda) 2. most commonly found in the expression al-rajul al-ʿadīy 'the
ordinary man' , or al-shakhṣ al-ʿādīy 'the ordinary person' in
describing standards and duties of care, the equivalent of the
English law's 'reasonable man': 345, 545, 776, 817, 861, 905,
967, 1472
A grammatical variant is muʿtād, which for practical legal
purposes is indistinguishable in meaning.
ʿadīm al-ahlīya ‫عدي الهألية‬ having no capacity: 169, 1220
compare nāqiṣ al-ahlīya = of defective capacity
ʿadl ‫عدل‬ 1. justice
2. by extension: a just person
3. by further extension: a stakeholder, one who has a duty to act
fairly and impartially between two parties having competing
interests, esp. in the holding of money or goods pending a future
event, or the resolution of a dispute: 1448, 1453 et seq., 1476,
1498
ahlīya ‫أهألية‬ legal capacity/competence (esp. to execute certain transactions,
e.g. contracts and gifts): 5, 11, 14, 16, 86 et seq., 93, 157, 165,
169 et seq., 175, 213 et seq., 346, 675, 694, 723, 743, 954, 1047,
1220
mutaʾahhil, from the same root, means qualified, as in
professionally or technically qualified
ajal ‫أجل‬ 1. term, (usu. agreed) period during which e.g. an option
subsists, or an obligation must be performed, maturity date: 227,
281, 322, 360, 420 et supra, 429 et supra et seq., 433, 509, 562,
572 et seq., 576, 578 et seq., 718, 867, 877, 958, 1025, 1032,
1034, 1046, 1054, 1077, 1081, 1090, 1099, 1113, 1127, 1239,
1303, 1345, 1373, 1415, 1420, 1429, 1489
2. agreed period for the duration of a venture or legal
relationship, e.g. a partnership or company: 674, 705 et seq.,
1184, or employment: 916, or agency: 954, or bailment: 995
3. period of deferment (for the performance of an obligation)
granted by a judge: 272, 359
muʾajjal passive participle of above: performance of an obligation is
‫مؤدجل‬ muʾajjal where the obligor is permitted to defer performance to
an ascertained or ascertainable time; (in respect of e.g. a debt),
deferred: 508, 583, 1081
ajāz ‫أجاز إجازة‬ passim
to permit, affirm. See under verbal noun ijāza
- a contract, where a party has the option to affirm and be bound,
or to reject and not be bound: 210 et seq., 495
- an act done by another, e.g. A purports to sell B's goods to
another - B can retrospectively validate the contract by
expressing his ijāza
in agency: 930; 944
principal's later affirmation of an unauthorised contract made by
the agent: 156
ajīr ‫أجي‬ a hired person, hireling. The ajīr may be an ajīr khāṣṣ or an ajīr
mushtarak qqv.
ajīr khāṣṣ ‫أجي خاص‬ lit. private hireling, a person engaged by a contract of
employment to work for one employer only:general overview
above C871. In modern parlance the equivalent is muwaẓẓaf =
employee.
ajīr mushtarak ‫أجي مشتكر‬ common/joint hireling, demiurge, a person who makes his work
and skill available to the public generally: general overview
above C872
al-fi'l al-ḍārr ‫الفعل الضادر‬ harmful act: see under ḍarar

al-rajul al-ʿādīy ‫ي‬

‫الرجل العاد د‬
'the ordinary man': see under ʿādīy

al-rajul al-muʿtād ‫الرجل العتاد‬ 'the ordinary man': see under ʿādīy

al-shakhṣ al-ʿādīy ‫الشخص العادي‬ 'the ordinary person' - see under ʿādīy

al-shakhṣ al- ‫الشخص العتاد‬ 'the ordinary person' - see under ʿādīy
muʿtād
al-muwakkil al- ‫الومكل الصأيل‬ the original principal - see under aṣīl
aṣīl
amāna ‫أمانة‬ 1. trust: general overview above C282, 235 , 309, 566, 776,
855, 966, 981, 983, 1002, 1108
2. trust, trustworthiness in a moral sense: 265
see also the entries under amīn = trustee.
The root meaning of the word is safe/safety.
Care should be taken not to confuse it with trust/trustee in the
English law sense. It usually imports a duty of care over
another's goods, arising usu. out of a contract, such as bailment,
loan or lease. The duty is less than strict liability ḍamān, and
there will be liability only for wrongdoing or default.
amḍā ‫أمضى‬ to affirm (a contract): 515, 533, 589. Overlaps with ajāz, which
is far more common.
amīn ‫امي‬ 1. trustee, but usually in the sense of a person in possession of
another's goods with a qualified duty of care, the qualification
being that he will be liable for loss or damage only in the event
of a default or wrongdoing on his part, as opposed to strict
liability: 663, 695, 696, 926
2. also in the sense of a morally trustworthy person: 866, 970,
976
Not to be confused with a trustee in the English law sense.
See also the entries under amāna, which is the abstract noun =
trust, trusteeship.
ʿanāṣir ‫عناصأر‬ pl. of ʿunṣur = element (esp. of a contract)

ʿaqār ‫عقار‬ 1. real property (as opposed to moveable property, chattels): 17,
18, 19 101 et seq., 188, 349, 785, 848, 1091, 1144, 1192, 1197,
1209, 1219, 1223, 1237, 1256, 1262, 1275, 1277 et seq.
2. but sometimes specifically buildings as opposed to land: 842;
844
ʿaqārāt ‫عقارات‬ plural of ʿaqār

aqarr ‫اقدر‬ to admit. See under verbal noun iqrār.

ʿāriḍ ‫عارض‬ 1. The original meaning is 'coming in from the side', or

'presenting itself'. Thus, supervening, accidental, as opposed to
 original.
2. in legal proceedings: interlocutory (application), as opposed to
the original action: 372
3. (unexpectedly) arising: 1128
4. as a noun: occurrence, esp. unforeseen: 572
5. obstacle: 1020
See ṣifa ʿāriḍa
āriya ‫عارية‬ thing lent - see under iʿāra

arkān ‫أركان‬ plural of rukn

arsh ‫أرش‬ shari’a damages for personal injury not resulting in death: 299

aṣāla ‫أصأالة‬ abstract noun of aṣīl - see vocabulary note above 149, 149 et
seq.
the principal (as opposed to subsidiary) element of a contract:
520
bi'l-aṣāla on one's own behalf, as principal: 149 et seq.
Caution: even some legally educated Arab writers wrongly use
bi'l-aṣāla as if it were synonymous with its paired opposite bi'l-
niyāba = by proxy, on behalf of another.
asās ‫أساس‬ 1. original meaning: foundation (on which something is built):
1188(a)
2. by extension: basis, foundation; adj. asāsīy basic,
fundamental: 3, 129, 141, 1026, 1157
3. the basis on which e.g. a calculation is made: 523, 886 et seq.,
1052
4. underlying assumption of the parties to a contract: 543
aṣīl ‫أصأيل‬ 1. principal (as opposed to agent or proxy) - see vocabulary
note above 149, 149 et seq.
2. original/principal obligor/debtor (in a suretyship
arrangement): 1061, 1065, 1078 et seq.
al-muwakkil al-aṣīl: the original principal, as opposed to an
intermediate principal (in a chain of agency)
aṣl ‫أصأل‬ 1. root (of a plant): 588 et seq.
2. root = principal subject matter: 54, 57, 64, 98,
3. substance (as opposed to form, e.g. of a contract): 209 et seq.
4. origin (e.g. of possession): 1321
5. presumption (of fact - i.e. the starting point in the absence of
evidence to the contrary): 36, 37, 38, 40, 54, 118, 257
6. stock (genealogical): 76
7. line of ascent (genealogical): 77 et seq.
8. principle, essence: 257
9. original subject matter (e.g. of a contract, as opposed to a
substituted subject matter): 435, 507
aṣl al-dayn ‫أصأل الدين‬ the 'root' of the debt, the principal (amount of the debt): 356,
1474, 1483
aṣlīy ‫أصألي‬ 'of the root', original: 109 et seq. et passim
adjectival form of aṣl.
ʿatah ‫عته‬ imbecility: 86, 168 et seq., 343
one afflicted by ʿatah is maʿtūh = imbecile
See note in the Glossary under safīh
awḍāʿ ‫أوضاع‬ pl. of waḍʿ : rules, requirements, usu. in the sense of rules of
form, modalities, formalities, the prescribed way of doing things:
 12, 130, 166 et seq., 352, 1026
ʿayn ‫عي‬ passim
1. a specific thing: 95, 100, 126, 749
2. also used to distinguish between the physical thing itself, and
a right over it: 200
ʿaynīy ‫عين‬ passim
relating to a particular thing (over which a right or obligation
exists, as opposed to e.g. a money obligation); see ḥaqq ʿaynīy;
kafīl ʿaynīy; taʾmīn ʿaynīy
badal ‫بدل بدل‬ 1. exchange, countervalue: 539, 725 et seq., 872 et seq., 885
2. consideration: 220, 231, 243, 245, 415, 441, 448, 539
adj. badalīy
3. substitute, 27/11/2010 57, 216, 311, 354, 435, 577, 725
bāhiẓ ‫باهأظ‬ exorbitant (expense), excessively onerous: 350, 806, 1380

barāʾa ‫براءة‬ 1. innocence; absence of indebtedness: 37

2. the demonstration of lack of liability: 119
3. exemption or discharge from liability (contractual): 238, 343,
460, 1065, 1101, 1105
bāṭil ‫باطل‬ null, void: see general overview above 209; 138, 45
passim
In contracts, it usually means void ab initio, as opposed to a
cancellation faskh which has the effect that the contract is valid
up to the moment of cancellation, but not thereafter.
bayʿ ‫بيع‬ sale: 489 et seq.
passim
bayyina ‫بدينة‬ evidence, esp. positive evidence demonstrating the contrary of
an apparently true fact, or demonstrating a fact where there is no
presumption or implication either way: 117, 118, 579, 734, 741,
979, 1129
dāʾin ‫دائن‬ passim
obligee, creditor, one having the benefit of an obligation, used
both for money debts and obligations generally
dalāla ‫دللة‬ 1. purport, import, effect (of words): 1
2. (indicative) evidence: 8, 259, 262
3. something that demonstrates something else: 132
4. implication (as opposed to express words): 120, 215, 223,
229, 230, 233, 483, 1297, 1502
ṣarīḥan aw dalālatan - expressly or by implication
dalīl pl. adilla ‫ أددلة‬.‫دليل ج‬ From the root meaning to guide, to show.
evidence, and more specifically, positive evidence rebutting
presumptive evidence or the evidence of apparent fact: 32, 142,
148, 208, 289, 1152, 1202, 1261, 1267, 1311 et seq., 1320
also adillat al-ithbāt lit. 'evidence of proof': 8
see also dalāla
ḍaman vn. ḍamān ‫ ضمان‬/ ‫ضمن‬ passim
See special note on ḍamān - section 6 above.
al-damān al-ʿāmm - note 3 to general overview above C338
and general overview before C282 and C391
darak ‫دركر‬ guaranteeing against the consequences of adverse third party
rights in property sold: defined at 1075
ḍarar act. part. ‫ضرر‬ passim
harm (in the broadest sense, including moral and intangible
ḍārr
al-fiʿl al-ḍārr ‫الفعل الضادر‬ detriment): 42, 771
harmful act, tort: 124
 It is wider than talaf, but overlaps with it, and is sometimes used
when talaf would have been more limited and exact, see e.g.
article 861(2).
ḍirār ‫ضرار‬ ḍarar (qv. - harm) done in return for or in revenge for another
harm done: 42, general overview above C282
diyāna ‫ديانة‬ [duty of] religion, duty of conscience but not legally
enforceable: 340, 341
faḍāla ‫فضالة‬ 325 et seq. - voluntary agency - see under fuḍūlīy

fāḥish ‫فاحش‬ serious, gross, generally in the sense of being beyond the bounds
of normal tolerances: 203, 301, 490, 772, 844, 940, 1136 et seq.
see also under ghubn fāḥish
faqd; fuqdān ‫فقدان‬/‫فقد‬ 1. loss, usu. in the narrower sense of no longer having a physical
thing that one had in one's possession. Also used figuratively, as
in loss of possession or ownership, or of a legal status, or a right,
or the ability to make a free choice, or (in the case of an animal)
a habit: 18; 493; 535; 1048
2. forfeit: (e.g. earnest money): 148
3. the active participle fāqid is used in the sense not only of
having lost, but of lacking, esp. in the expression fāqid al-ahlīya
= lacking capacity: 675
fāqid ‫فاقد‬ active participle of faqd

farʿ ‫فرع‬ 1. branch = subsidiary subject matter (as opposed to aṣl root):
54, 64
2. line of descent (genealogical): 77 et seq.
farz; ifrāz
passive participle:
‫فرز إفراز‬ division, segregation, esp. the partition and distribution of jointly
owned property into separate lots each falling separately to a co-
mufraz
‫ممفرز‬ owner, whereupon the co-ownership ceases: 1152 et seq., 1160,
1245, 1253, 1275, 1276
fasakh ‫فسخ‬ cancel, rescind: 187, 523 et passim
see note under bāṭil
and see sharṭ ~
fāsid vn. fasād ‫فاسد‬ The root meaning is spoil, as e.g. food or other perishable goods:
593, 981
cv. afsad/yufsid
defective (contract, condition): general overview above C209
and C212, 267, 537, 613, 690
yufsid: to render defective, vitiate (the validity of a contract):
179
fiqh ‫فقه‬ jurisprudence, generally the corpus of Islamic legal writings and
knowledge: 2, above 29 et seq.
fuḍūlīy ‫ل‬
‫فضوم د‬
volunteer, voluntary agent: general overview above C213;
general overview above C325, 326 et seq., 744, 1175
fuqdān ‫فقدان‬ = faqd

ghalaṭ ‫غلط‬ mistake - general overview above C193; 193 et seq., 1052

gharaḍ ‫غرض‬ object, purpose: 207, 209, 383, 847, 919, 1144, 1157, 1182, 1186
et seq., 1197, 1201, 1377
incl. the objects of a company: 663 et seq.
gharar ‫غرر‬ hazard (esp. in the sense of one or both of the contracting parties
being in a state of uncertainty as to the subject matter or
consideration of the contract, or as to the event that might give
rise to an obligation): 202, 624, 1012 et seq.
gharrar ‫غدرر‬ to misrepresent, deceive, mislead. Verbal noun taghrīr qv.

ghilla ‫غغدلة‬ yield, any profit or produce of a thing, including e.g. the milk of
a cow, or the rent from land: 417, 502, 553, 816, 823 et seq.,
1005, 1111, 1302, 1413, 1437, 1474, 1485 et seq.
ghishsh ‫ش‬
‫غ د‬
fraud, deceit (overlaps with iḥtiyāl): 383, 409, 775, 1033, 1039,
1167, 1233
ghubn ‫غب‬ cheating: general overview before C185 et seq., 599, 940 et
seq., 1254
The original meaning was overreaching or outdoing another, and
then by extension getting for oneself the better end of a bargain
in the market.
ghubn fāḥish ‫غب فاحش‬ gross cheating: 187 et seq., 940, 942, 1172 et seq.

ghubn yasīr ‫غب يسي‬ slight cheating (usually permitted in transactions between equals
at arm's length): 599 et seq., 940
ghurūr ‫غرور‬ deception: 285
see under taghrīr
ḥabs ‫حبس‬ detain, lien (usu. the goods of another or payment due to another
as security for wrongfully delayed or withheld performance of
that other's obligation): 102, 275, see general overview above
art. 338, 566,795, 943, 1121, 1280, 1468
See note under ḥajz contrasting ḥabs with hajz
hadīya ‫هأدية‬ gift, esp. given out of personal affection rather than religious
motives: general overview above C614, et seq.
ḥajr ‫حجر‬ restriction, esp. on the capacity of a minor or person of unsound
mind to make legal dispositions, and on insolvent persons
restricting their ability to dispose of their assets: 85 , 168, 344,
401 et seq.
maḥjūr ʿalayh ‫مجومر عليه‬ under a restriction: 83, 85, 168

ḥajz ‫حجز‬ attachment, distraint (e.g. of the property of a debtor, preventing

disposal): 103, 392, 402, 573, 902, 1131, 1256, 1494, 1517, 1520
A ḥajz is usually an attachment by judicial order, as opposed to
ḥabs, which is a unilateral retention or lien of assets physically
under the control of the lienor. A ḥajz includes e.g. the judicial
arrest of a ship, and the freezing of a bank account.
halak vn halāk ‫هألكر‬/‫هألك‬ to perish, be destroyed: 35, 496 et passim
It covers states from slight diminution to total destruction. A
cake of soap will suffer progressive halāk from the moment it is
first used until it entirely disappears. Istihlāk, a derivative from
the same root, means consuming as in consumables such as food,
fuel, soap etc.
In certain cases the meaning appears to overlap with talaf. See
e.g. art. 533(1), where halak (translated, as always, by the word
'perish') is probably intended to be no different from talaf
(translated, as always, by 'damage') in article 533(2).
ḥaqq ʿaynīy ‫حق عين‬ right over an ʿayn, right in rem, in respect of a particular thing,
right in specie; as opposed to e.g. a right to receive money:
18,108, 109, 110, 658, 1318 et seq., 1333, 1353, 1406, 1431 et
seq., 1504
ḥarbīy ‫حرب‬ from ḥarb = war: defined at 619

ḥawāla ‫حومالة‬ assignment (of the burden of a debt): 1065, 1105, defined at
1106, 1494
muḥāl ʿalayh ‫مال عليه‬ assignee (i.e. of the burden of the debt - the new debtor): 1106
muḥāl ilayh ‫مال إليه‬
creditor in respect of the assigned debt
hiba ‫هأبة‬ passim
gift: general overview above C614, et seq., defined at 614
ḥirāsa ‫حراسة‬ custodianship: defined at 997, 1507

ḥujja ‫حجة‬ probative force, (valid) argument, something that can be relied
on in a dispute: 47, 65, 114, 122
ḥukm pl. aḥkām ‫أحكحام‬ ‫ حكحم‬1. provision, rule: 29, 33
2. concomitants of a legal status: 89
3. regime, governing force (of a contract): 243, general
overview above C338, 420
4. judgment (of a court)
5. constructive: 657, 964
adj. ḥukmīy dayn ḥukmīy - constructive debt: 367
taslīm ḥukmīy - constructive delivery: 528 et seq.
iʿāra ‫ إعارة‬lend: 100, 627, 786, 849
This refers to the loan of a specific thing which must itself be
given back, as opposed to the loan e.g. of a fungible such as
money, which may be spent or consumed, and the equivalent
amount be given back. The latter type of loan is qarḍ.
ibāḥa ‫ إباحة‬vn. of mubāḥ
ibrāʾ ‫ إبراء‬vn. of cv. of barāʾa
declare or restore the barāʾa qv. of someone, discharge, acquit
(from a debt): 279, 455 et seq., 468 et seq., 617, 1099
ʿibra ‫ عبة‬1. criterion: 258, 508, 1172
2. (esp. in the negative phrase lā ʿibra) evidential weight: 49,
60, 61
3. lā ʿibra bi ... also = ... shall be of no account, no regard shall
be had to ...: 259, 719
īdāʿ ‫ إيداع‬1. bailment: 935, 962 et seq.
2. deposit, e.g. goods of a third party for safe keeping: 348 et
‫ وديعة‬seq., 1457, 1489, 1498
3. lodge (money, esp. with the court, by way of security or
pending determination of entitlement): 564, 1225 et seq., 1442
wadīʿa
wadīʿa = the goods bailed by way of īdāʿ
iʿdād ‫إعداد‬ vn. of aʿadd to prepare etc.

īdhāʾ ‫إيذاء‬ harm to the person (as opposed to damage to goods): 299

idhʿān ‫إذعان‬ adhesion (as in contracts of adhesion): 145, 248 , 266

iʿdhār ‫إعذار‬ (the giving of) notice: 212, 271 et seq., 347 et seq., 380, 387 et
seq., 459, 651, 1157. The word usually imports an element of
warning, i.e. a notice that sets time running against the recipient
of the notice, or otherwise puts him on risk.
idhn ‫إذن‬ passim
permission: vocabulary note at 787
iḍṭirār ‫اضطرار‬ compelling need (esp. as an excuse for a wrongdoing): 45
pp muḍṭarr = compelled: 968
ifrāz ‫إفراز‬ see farz
iftirāḍ ‫افتاض‬ (rebuttable) presumption (of fact): 152, 208
often found in conjunction with dalīl - the iftirāḍ will be
presumed to be true unless displaced by dalīl: 208
iḥtibās ‫احتباس‬ withholding (of performance): 414 et seq., (of delivery of
goods): 557, 1448. This word is related to ḥabs qv. and overlaps
with it.
iḥtiyāl ‫احتيال‬ fraud, trickery, deceit: 175, 185, 409

ījār ‫إيار‬ same as ijāra

ijāra ‫إجارة‬ passim

(contract of) hire/lease: 742; vocabulary note at 741, 658
ijāza ‫إجازة‬ to permit, approve, affirm
- a contract, where a party has the option to affirm and be bound,
or to reject and not be bound: 182, 210 et seq., 495
- an act done by another, e.g. A purports to sell B's goods to
another - B can retrospectively validate the contract by
expressing his ijāza
- in agency: 930; 944
- principal's later affirmation of an unauthorised contract made
by the agent: 156
For the distinction between ijāza and idhn, see vocabulary note
under 787
ijbār ‫إجبار‬ coercion: 176 et seq., 910
ijbārīy: mandatory, compulsory (as opposed to voluntary): 1182
adj. ijbārīy
ijtihād ‫اجتهاد‬ (innovative) legal reasoning: 1, 19

ikrāh ‫إكراه‬ duress: 176 et seq., 214, 289, 1309, 1313

iltizām ‫التزام‬ obligation: 15, 19, 20, 124 et seq., 341 et passim

imtiyāz ‫امتياز‬ (lit. 'distinction') priority right, esp. of one creditor over other
creditors: 110, 1224, 1306, 1504 et seq.
ʿināyat al-ḥarīṣ ‫عناية الريص‬ the [degree of] care of the diligent man: 430

intifāʿ ‫انتفاع‬ enjoyment, usufruct (of the benefit of land, a chattel etc.): 1333
et seq.
intiqāṣ ‫انتقاص‬ severability (of a contract): C211

iqāla ‫إقالة‬ revoke, abrogate: above 267, 269 et seq., 732

iqrār ‫إقرار‬ vn. of aqarr

1. affirm: 599 (a contract of another); same in this context as
ajāz; see the same parallel in 605/606
2. ratify: (the act of a voluntary agent) 326
3. admit: (a fact against oneself) 63, 112, 114, 406, 461, 477,
483, 538, 727, 741, 936, 1468
4 acknowledge (that one is bound by a promise made by
another): 253
5. admission by an agent against the principal: 959
irāda ‫إرادة‬ 1. will; intention (esp. contractual intention): 125, 132 , 152,
258, 265, 276
2. free choice (including one not vitiated by mental incapacity):
1048, 1315
See note under qaṣd comparing and contrasting the two words
iʿrāḍ ‫إعراض‬ turning away: esp. in the sense that the parties have held
preliminary contractual negotiations, but have 'turned away', i.e.
ceased to deal with the matter and turned their attention to other
things, before an agreement has been reached: 136, 137
irtibāṭ ‫ارتباط‬ coming together, linking up - esp. of offer and acceptance to
create a contract: 125, 130
irtifāq ‫ارتفاق‬ easement: 110, 540, 1281, 1355, defined at 1362 et seq.

ishāra ‫إشارة‬ pointing to something physically present at the meeting of the

parties, and by extension indicating it (esp. in connection with
the making of contracts, as opposed to describing something that
is not physically present to them): 132, 203, 490
isqāṭ ‫إسقاط‬ causing (a right) to lapse, disclaiming or nullifying or
abandoning a right; lit: making fall, causing to fall: 229, 241,
279, 723, 732, 808, 1300, 1372
ismīy ‫اسدي‬ relative adjective from ism name. Bearing a name. Used esp. in
instruments made out to the name of a particular person rather
than to bearer. See sanad ismīy
istahlak ‫استهلك‬ vn of istihlāk: 310

istihlāk ‫استهلكر‬ from the root halak perish. Originally to destroy, then to destroy
by consumption. Now mostly in the meaning of 'consume' as in
consumables as opposed to durables: 100, 192, 713, 1268, 1343
istiḥqāq ‫استحقاق‬ passim
1. third party right
2. maturity, falling due (for payment, esp. a deferred debt): 1498
3. claim of right: 65
istiʿmāl ‫استعمال‬ usage (common practice, custom): 47
Overlaps with ʿāda practice and ʿurf custom. See note under
ʿurf in this glossary.
(The more common meaning is as the ordinary verb to use, and
by extension to exercise, as in the exercise of a right.)
istiqrār ‫استقرار‬ stability (esp. of the contractual relationship once it has been
established): 208
The word is used in the Commentary in speaking of the general
social and commercial desirability of stability and fixity of
contracts - that a done deal is a done deal and may be relied on
as such by both parties and others deriving rights thereunder.
istiṣḥāb ‫استصحاب‬ presumption of continuance: C36, C39, C1267 (obsolete in
modern usage)
istiṣnāʿ ‫استصناع‬ a contract whereby the buyer engages a person to manufacture
an object: C41 (obsolete in modern usage)
iʿtiyāḍ ‫اعتياض اعتياضدي‬ substitute (performance - one thing done in satisfaction of
another obligation): 365 et seq., 453, 1113
adj. iʿtiyāḍīy
itlāf ‫إتلفا‬ passim
vn. of cv. atlaf, the causing of talaf : 300 et seq.
ittiṣāl ‫اتصال‬ vn. of muttaṣil 'joined' qv.: 102, 319, 517, 801, 1261 et seq.,
1273 et seq.
jadhdh ‫جدذ‬ harvesting specifically by cutting through the stem: 521

jadwal ‫جدول‬ stream, then esp. an irrigation channel or trench: 1383 et seq.
(In modern parlance = schedule, but not so used in the Code.)
jahāla ‫جهالة‬ ignorance, uncertainty, esp. with regard to the subject matter of a
contract: 203; general overview above C231, 490, 740, 1014
jahāla fāḥisha ‫جهالة فاحشة‬ gross uncertainty, i.e. the lack of certainty surrounding the
subject matter of a contract sufficient to make it void for
uncertainty: 203, 490
jaʿl ‫جعل‬ reward, prize (in betting): 1012 et seq.

jasīm ‫جسيم‬ gross, serious, beyond the bounds of what is normally tolerated:
- danger: 177
- harm: 359, 380
- default, error: 383, 886, 993
- major (repairs): 1339, 1342
jawharīy ‫ي‬
‫جومهأر د‬
essential - overlaps with asāsīy basic: 146; 1134
fundamental (damage): 676; (obstacle): 1315
jazāf ‫جزافا‬ (sale by) job lot: 512, 582, 739

jins ‫جنس‬ kind: 194, 357, 370, 373 et seq., 445, 448, 569 et seq., 739, 810,
1113, 1499
See 194 for a full discussion of the meaning of jins.
kafāla ‫كفالة‬ see kafīl

kafīl/kafāla ‫كفالة‬/‫كفيل‬ surety/suretyship: 1056 et seq.

kafīl ʿaynīy ‫كفيل عين‬ guarantor in rem, a person whose obligation under a guarantee is
not a money obligation but specific property: 1401, 1417
kafīl malīʾ ‫كفيل مليء‬ solvent guarantor/surety, a surety who genuinely is capable of
meeting the relevant obligation: 564, 996
khalal ‫خلل‬ 1. fault, derangement (overlapping with ʿayb defect): 767
2. defect (though not normally used in this sense): 880
3. detriment or prejudice or interference (e.g. to the enjoyment of
a lawful right): 523, 767, 770, 780, 782, 1390
4. legal imperfection or defect (esp. in the form of a contract):
210
khasāra ‫خسارة‬ loss, as in a business or financial loss, loss as opposed to profit:
249, 506, 654, 682, 688, 692, 699, 700 et seq., 878
khaṭaʾ ‫خطأ‬ mistake, error: 974, 993, 1039
When used on its own, it tends to mean the level of error that
even the normal careful person can make: . 974.
When accompanied by the adjective jasīm 'gross', it denotes an
inexcusable level of error.
It denotes something non-deliberate - see e.g. 1038.
Usu. in the sense of an error in action. An error/mistake in
understanding in more commonly ghalaṭ.
khiyānat al-amāna ‫خيانة المانة‬ lit. breach of trust - see note to 1027, 1233

khiyār ‫خيار‬ choice, option, esp. the option in favour of one of the parties to a
contract to cancel after the offer and acceptance have been
expressed - passim
khiyār al-ʿayb ‫خيار العيب‬ lit. 'option of defect': option to cancel (esp. a contract of sale) on
the grounds of a defect in the thing sold: 237 et seq., 543, 774,
1171, 1303
khiyār al-majlis ‫خيار اللس‬ lit: the option of the session: the option to withdraw from
acceptance of a contract while the parties are still in session: see
general overview before C129; 136
khiyār al-ruʾya ‫خيار الرؤية‬ the option of sight: the option of the buyer who has bought
goods without seeing them, to affirm or to cancel upon seeing
 them: see general overview above C226, 226 et seq., 1171, 1303
khiyār al-sharṭ ‫خيار الشرط‬ lit. 'option of condition' - equivalent to a cooling off period,
during which the person in whose favour the option has been
stipulated has the right to withdraw from the contract: 219 et
seq., 1059, 1171
khiyār al-taʿyīn ‫خيار التعيي‬ lit. 'option to specify': an option in favour of one party to elect
one of two or three potential objects of the contract: 231 et seq.,
434
khufyatan ‫خفية‬ without someone's knowledge, covertly: 419, 1315

khulʿ ‫خلع‬ see mukhālaʿa

lā ʿibra bi ... ‫ل عبة بـ‬ see under ʿibra

lafẓ pl. alfāẓ ‫ ألفاظ‬.‫لفظ ج‬ 1. (literal) word(s), as opposed to intended meaning, 'the letter'
(as opposed to 'the spirit'): 1, 258, 265
2. the spoken as opposed to the written word: 132
3. (form of) words generally, an utterance: 928, 1057
lazim ‫لزم لزم‬ passim
1. be/become binding (i.e. where a contract becomes finally
act. part. lāzim
binding upon a party who until that moment had an option to
affirm or not): general overview above C209; 195, 267, 495,
500
2. be/become obligatory (i.e. the performance of a particular
act): 496

‫التزم‬ be obliged, be bound

iltazam
madīn ‫مدين‬ passim
obligor, debtor, one having the burden of an obligation, used
both for money debts and obligations generally
maḥall ‫مل‬ 1. general meaning: place
2. subject matter (of a contract): 129, 194, 199 et seq., 747
maḥall iʿtibār ‫مل اعتبار‬ criterion, that to which regard is had: 152
material factor: 896 - also see muʿtabar
maḥjūr ʿalayh ‫مجومر عليه‬ (person) under a restriction (in the making of dispositions, e.g.
by reason of insolvency or insanity): 83
see ḥajr
maḥram ‫مرم‬ pl. maḥārim: 'forbidden' person, i.e. person within the degree of
consanguinity precluding marriage: 77, 178, 649
majlis ‫ملس‬ session: 63,129 and above, 136, 143, 210, 270, 397

māl ‫مال‬ property, anything that is or can be owned: 11, 41, 95 et seq.,
125, 489, 710
Caution: In certain modern regional usages, māl is often
interpreted as being restricted to money. As used in the Code,
this word includes all property, including but not limited to
money. The confusion is compounded in that in modern usage
the related word tamwīl, which etymologically means the
providing of māl, does exclusively mean 'finance/financing' in
the sense of providing the finance/money e.g. for a project.
maʿnawīy ‫معنومي‬ corporate (body, person, as opposed to a natural person) 92
intangible, moral, incorporeal: 97, 107, 111, 126, 176 (duress)
manfaʿa ‫منفعة منافع‬ benefit, (right of) use/enjoyment: 44, 126, 208, 245, 658, 702 et
supra, 742, 849
pl. manāfiʿ
act. part. muntafiʿ ‫منتفع‬ usufructuary - the person who enjoys the benefit: 245
beneficiary: 254
vn. intifāʿ qv.
māniʿ pl. ‫مانع مومانع‬ impediment, obstacle, bar (esp. a legal bar): 52, 357, 525, 549,
646, 649, 711, 733, 763, 1454
mawāniʿ
also used in the sense of a reasonable cause for failing to
perform an act within a time limit: 1293
physical impediment to the carrying out of an activity: 1315
maqāṣid ‫مقاصأد‬ pl. of maqṣad

maqṣūd/maqṣad ‫مقصومد مقصد‬ the thing aimed at, the intention (incl. of the contracting parties):
137, 207, 258, 383, 523, 742, 928, 1048, 1073, 1137, 1165, 1260
incl. the intended purpose in a contract of hire/lease: 763 et seq.
marāfiq thābita ‫مرافق ثابتة‬ lit. fixed facilities = fixtures (in the sale of land): 518

marjaʿ ‫مرجع‬ point of reference, esp. an authoritative source or criterion to

which recourse is had for guidance in interpretation: 2, 10
The corresponding finite verbal form is yurjaʿ ilā: 12
martaba ‫مرتبة‬ rank, ranking (of a debt): 1399, 1425 et seq., 1442, 1465,
1486,1505, 1516, 1523 et seq.
mashaqqa ‫مشقة‬ hardship, esp. justifying an act that would not otherwise be
permitted: 1380
maʿṣiya ‫معصية‬ sin, sinful act: 127, 613

maṣlaḥa ‫مصلحة‬ 1. interest, expediency: 1

2. a public interest, the public interest generally: 58, 842 et seq.,
1136
3. a private interest, esp. a lawful interest that has the protection
of the law: 122, 210, 249, 254, 342, 375, 488, 678, 752, 954,
999, 1145, 1183, 1199, 1244, 1304, 1344, 1378
4. (insurable) interest: 1036, 1042 et seq.
5. (in) favour (of), (for the) benefit (of): 256, 266, 402, 432,
618, 897, 972, 1401, 1502
This word relates both to the public interest generally, and to
private interests. In the public interest sense, it imports the
notion of practicality and realism in tending towards the greater
good.
maʿtūh ‫معتومه‬ imbecile, see ʿatah

mawāniʿ ‫مومانع‬ pl. of māniʿ

mawqūf ‫مومقومفا‬ 1. suspended: general overview above C209 and C213

2. donated or made subject to a waqf: passim
mawṭin ‫مومطن‬ residence/domicile: 19, 25, 81 et seq., 93, 351, 361, 402, 405,
409 et seq., 562, 1230
[The Code does not distinguish between residence and domicile
in the English law sense. It is a matter of fact where a person
actually lives.]
mithl ‫مثل‬ like: 748, 759

ujr/ujrat al-mithl ‫أجرة الثل‬ fair rent, lit. 'the rent of the like', a fair market rent: 748, 759

ujr mithl ʿamalih ‫أجر مثل عمله‬ quantum meruit, lit. 'the wage of the like of his work', a fair
market wage: 690 (2)
mithlīyāt ‫مثلديات‬ fungibles: 34, 99
from mithl = like, i.e. things that are sufficiently 'like' others to
be able to take their place e.g. in the performance of obligations
muʿadd ‫ممععدد‬ passive participle of aʿadd qv.: intended (for a certain purpose)

muʾahhilāt ‫مؤهألت‬ qualifications: 896

muʾajjal ‫مؤدجل‬ deferred - see ajal

muʿallaq ‫معدلق‬ (e. g. contractual condition, or obligation) suspended: 420 and

above et seq., 1060, 1077
dependent (upon a condition): 478, 926, 1113
muʿāwaḍa ‫معاوضة‬ commutative contract, in which both parties provide valuable
consideration (as opposed to e.g. gift or tabarruʿ qv.): 203, 244
et seq., 306, 585, 727, 732 et seq., 1279, 1283 et seq., 1439
See note under tabarruʿ.
mubādala ‫مبادلة‬ (mutual) exchange, a mutual badal: general overview above
C243, 489, 607
incl. barter exchange: 1284
mubāḥ ‫مباح‬ 1. permitted (esp. as one of the five Islamic law categories of
act: wājib= obligatory, duty; mustaḥabb = approved of but not
vn ibāḥa obligatory; mubāḥ = permitted, morally neutral; makrūh =
disapproved of but not forbidden; ḥarām = forbidden): 43, 96,
207
2. an ownerless thing that anyone may take: 1203
mudākhala ‫مداخلة‬ inclusion (in a sale, of what normally belongs with the thing
sold): 518
muḍāraba ‫مضاربة‬ general overview above C692 et seq., defined in 693

muḍārib ‫مضارب‬ the worker, as opposed to the investor, in a muḍāraba: 693

muḍṭarr ‫مضطدر‬ compelled: pp. of iḍṭirār qv.

mufraz ‫مفرز‬ segregated - see farz

mughārasa ‫مغارسة‬ defined in 835

muḥāl ʿalayh ‫مال عليه‬ see under ḥawāla

muḥāl ilayh ‫مال إليه‬ see under ḥawāla

muḥaqqaq ‫مقق‬ realised, something that has come to pass: 420 et supra

muhāyaʾa ‫مهايأة‬ division of enjoyment (in co-owned property): 1176 et seq.

mujḥif ‫محف‬ oppressive (esp. a condition imposed by a stronger party on a

weaker one): 574
mukhālaʿa ‫مالعة‬ a wife's right to buy herself out of a marriage: C227

mukhāraba ‫ماربة‬ sale by an heir of his share in an inheritance to co-heirs: 594 et

seq.
munʿaqid ‫منعقد‬ concluded (as in a 'done deal'): see general overview above art.
209, 543, 605, 743, 756
munfarid ‫منفرد‬ unilateral (e.g. intention): 276, 432
munfaridan - on his own, without reference to or authority from
the others of e.g. the co-agents or co-heirs: 933
severally (as opposed to jointly): 439, 691, 1282
muntafiʿ ‫منتفع‬ usufructuary, person having the right of use and enjoyment
intifāʿ of the property: 245, 254 et seq., 1309, 1333 et seq.
also in an adjectival sense: [a person remaining] in enjoyment
757, 791
related to manfaʿ/manāfiʿ qv.
muqāṣṣa ‫صأة‬
‫مقا د‬
set-off : 367, 368 et seq., 1124

muqāwala ‫مقاولة‬ defined at 872

muqāwil ‫مقاغول‬ defined at 873, 1527

muqāyaḍa ‫مقايضة‬ barter: 607 et seq., 729, 1318

murābaḥa ‫مرابة‬ contract for resale at a profit: 506

murhiq ‫مرهأق‬ burdensome, onerous, oppressive (esp. of conditions in

contracts, justifying discretionary relief from the court): 249, 380
musammā ‫مسدمى‬ nominate, having a name (contract): 128
i.e. a contract falling within a recognised designation such as a
contract of sale or lease or marriage, as opposed to a contract
that does not fall into a named category. Some schools of
Islamic law recognised only nominate contracts. The discussion
in the commentary above article 125 is on this point, albeit not
using the word 'nominate'.
musāqāh ‫مساقاة‬ defined at 822

musāṭaḥa ‫مساطحة‬ defined at 1353

mushtarak ‫مشتكر‬ passim

common, owned in common: 441
mutaʿāraf ʿalayh ‫متعارفا عليه‬ generally recognised, commonly accepted, customary: 500, 767
et seq., 993, 1025
from the same root as ʿurf = custom
The grammatical form of the word indicates mutuality of
knowledge - shared or common knowledge as between people
on the basis of which transactions take place.
muʿtabar ‫معتب‬ to which regard is had, e.g. a material factor or inducement e.g.
in entering into a contract: 263, 289, 744 ; cf 896
muṭābiq ‫مطابق‬ 1. corresponding/coinciding, esp. in contractual offer and
acceptance: 140
2. conforming to sample: 492 et seq.
muʿtād ‫معتاد‬ passim ordinary, usual, in accordance with ʿāda qv. In the
expression al-rajul al-muʿtād it is translated as 'the reasonable
man' or 'the ordinary man': 669, 932, 1004. There appears to be
no distinction between al-rajul al-muʿtād and al-shakhṣ al-ʿādīy.
mutaqāsim ‫متقاسم‬ 1. one who participates in a qisma: 1163 et seq.
2. one who participates in a muhāyaʾa: 1178
mutaqawwim ‫متقدومم‬ property that a Muslim may lawfully deal in: 52, 96, 200

mutawallī ‫متومل‬ 1. general meaning: in charge, having control: 315

2. specialised meaning: trustee (of a waqf): 839 et seq., 1063,
 1111
mutawaqqif ‫متومقف‬ 1. lit.: stopped
2. by extension: suspended
3. by further extension: dependent, i.e. stopped pending the
trigger event: 420 et supra, 605
muṭlaq ‫مطلق‬ absolute, expressed in absolute terms, i.e. with no restricting
conditions, 'silent on the point': 262, 697, 752, 926; 1080; 1087
et passim
muttaṣil ‫متصل‬ connected, joined, esp. in the sense of a fixture 'joined' to the
land in such a way that damage would result from the separation,
or some growth 'joined' to the thing it is growing from, e.g. fat of
an animal, as opposed to e.g. milk or baby animal. The word is
usually found in the context of whether or not it is practicable to
separate the thing in question from what it is 'joined' to:
241, 649, 801, 815, 1463
see also references under the corresponding vn. ittiṣāl
muwakkil ‫مومكل‬ principal (of an agent): see vocabulary note above 149
client (of a lawyer)
al-muwakkil al-aṣīl: the original principal: see under aṣīl
muwarrith ‫مومرث‬ legator: 17, 332, 482, 594, 675, 736, 793, 832, 983, 1220 et seq.
As opposed to a muwaṣṣī testator. Under the Islamic law of
inheritance, a certain portion of the estate must pass to certain
persons and categories of persons, irrespective of the wishes of
the deceased. For that part of the inheritance, the heir wārith
inherits from the muwarrith. The remaining portion of the estate
may be bequeathed by waṣīya = will, or testamentary
disposition, and in respect of that portion the same deceased is
referred to as the testator muwaṣṣi, and the beneficiary is the
muwaṣṣā lahu.
muwaṣṣī ‫مومصأي‬ testator: 1250 et seq.
see muwarrith for the distinction between muwaṣṣī and
muwarrith.
muzāraʿa ‫مزارعة‬ sharecropping: 809 et seq.

muzāriʿ ‫مزارع‬ the active worker in a contract of muzāraʿah

nafaqa ‫نفقة‬ passim

1. expense, esp. in support and maintenance of a wife and
dependent relatives: 15, 407, 408
2. expenses incurred ancillary to the principal subject matter:
1483
nāfiʿ ‫نافع‬ beneficial, useful, conferring manfaʿa qv.: 124, 159, 319, 325,
331, 336, 416, 536, 830, 1329, 1369
nāfidh n. nafādh ‫نافذ‬ effective: see general overview above 209, 599, 726

nāʾib/niyāba ‫نيابة‬/‫نائب‬ proxy: see vocabulary note above 149, 393, 602 et seq.

nakal ‫نكحل نكحومل‬ renege (on an obligation): 147

refuse (specifically to take the oath): 461, 978
vn nukūl
naqḍ ‫نقض‬ set aside, annul, destroy or remove a legal effect already created:
70, 219, 255, 735, 1287, 1305
(The same word is used for cassation - setting aside a judgment
of a lower court - in the Court of Cassation.)
nāqiṣ ‫ناقص‬ lacking, possessing something but in diminished form: 11, 16,
C85, 88, 170
See esp. under nāqiṣ al-ahlīya
nāqiṣ al-ahlīya ‫ناقص الهألية‬ of defective/diminished capacity (but not necessarily completely
lacking capacity): 5, 11, 87, 170, 175
naṣṣ ‫نص‬ 1. text, esp. non-shari'ah legal text
2. by extension: express written provision, stipulation (esp. of a
law): 31, 92, 110, 126, 142, 202, 243, 250, 267, 276 et seq., 319,
355, 359, 361, 363, 383, 389 et seq., 408, 419 et passim
3. (express contractual) provision: 262, 381, 387
nāẓir ‫ناظر‬ overseer (of a waqf): 1000, 1280 et seq.

niyāba ‫نيابة‬ see under nāʾib

nukūl ‫نكحومل‬ vn. of nakal

qadīm ‫قدي‬ 1. old (laws, i.e. before the Civil Code): 5 et seq.
2. old, pre-existing (e.g. a pre-existing defect in goods from
before the contract of sale): 238, 544 et seq.
3. pre-existing, previous (thing or state of affairs): 1140, 1370
4. of long standing, e.g. a custom, or right: 1396, 1398
qarḍ ‫قرض‬ loan (of a fungible): 99, 441, 699, 710 et seq., 992, 1343, 1475
to be distinguished from iʿāra
qarīna ‫قرينة‬ 1. circumstantial evidence: 613, 1073
2. presumptive evidence, rebuttable presumption, evidence that
will be accepted as proof unless the contrary is demonstrated:
1320, 1325
qaṣd ‫قصد‬ 1. the thing aimed at or intended - esp. in contracts: 133, 207,
253, 465
2. deliberate act: 106
3. intention (to do a specific act): 319, 409, 560, 1204, 1281,
1292
4. seek, have the effect (as in a contractual provision seeking to
achieve a certain effect): 574, 883, 910, 1145
It overlaps with, but is narrower and more specific than irāda.
Generally, it is an intention with regard to a specific object,
rather than irāda in the sense of the intention to create legal
relations.
Related to maqṣad/maqṣūd qv.
qayyim/qiwāma ‫ قومامة‬/ ‫قديم‬ protector/protectorship, protection (of a person under a legal
disability): 16, 88, 172, 498
‫قديم‬ abstract noun qiwāma = protectorship etc.

qīma ‫قيمة‬ passim

value (as opposed to price): 503, 544
See note under thaman contrasting the meanings of the two
words.
qiṣāṣ ‫قصاص‬ (here) set-off: 374, 1228
In Islamic law, qiṣāṣ means retaliatory damage - an eye for an
eye, and a death for a death. The word is used twice in the Code,
inaccurately, instead of the correct and more usual muqāṣṣa.
qisma ‫قسمة‬ division (of co-owned property). See under farz for further
explanation.
There is an overlap with qisma in this context, though it may be
correct to say that qisma refers properly to the legal act of
 specifying who gets what, and farz is the physical act of making
the division of the property itself.
qiwāma ‫قومامة‬ see under qayyim

qiyās ‫قياس‬ 1. analogy, analogical reasoning: 30, 41

2. measurement, esp. in the sense of measuring out goods for
sale: 99
adj qiyāsīy, as in wiḥda qiyāsīya = unit of measurement: 523
rahn ‫رهأن‬ mortgage, pledge: passim, 1399 and above

rahn ḥiyāzīy ‫رهأن حيازي‬ possessory pledge/mortgage - i.e. where the thing pledged is
kept in the possession of the pledgee/creditor: 110, 1399 and
above
rahn taʾmīnīy ‫رهأن تأمين‬ security pledge/mortgage: 110, 1306 1399 and above, 1508 et
seq.
raʿīya ‫رعية‬ subjects, persons subject to a ruling power or authority: 58

ribā ‫ربا‬ usury: 241

ribā al-nasīʾa ‫ربا النسيئة‬ usurious interest in consideration of the deferment of the
payment of a debt: 733
riḍāʾ ‫رضاء‬ consent - generally: 925
consent - contractual: 257
consent - to what would otherwise be an infringement of the
consentor's rights: 354, 580, 646, 650 et seq., 785, 818, 892,
1005, 1029, 1045, 1185, 1269, 1295, 1303
rihān ‫رهأان‬ betting: 1012 et seq.

rūḥ ‫روح‬ spirit (of the contract): 256

rukn pl. arkān ‫ركن أركان‬ support, basis, metaphorically as an element without which
something cannot exist, esp. as the necessary elements of a valid
contract: 129, 210, 278, section heading above 489, 614, above
743, above 1056, 1275
ruqba ‫ رقب‬/ ‫رقبة‬ reversionary interest, the interest of the person entitled to take
ownership or possession after cessation of the existing
ownership or possession: 791, 811, 1211, 1338, 1344, 1356
rusūm ‫رسومم‬ pl. of rasm. Duties i.e. money obligations, usu. those payable to
government bodies, such as customs duties, court fees etc. 475,
1508, 1513
sabab ‫سبب‬ reason, cause: 129, 207, 277, 1321 et passim

ṣadaqa ‫صأدقة‬ gift, esp. religiously motivated : see general overview above 614,
et seq.
safīh ‫سفيه‬ idiot: 87, 168 et seq., 629
Note: The Code does not expressly provide a distinction between
safīh, translated as 'idiot', and maʿtūh, translated as 'imbecile'.
However, it is evident from context that imbecility ʿatah is the
graver impediment: see art. 168, under which the maʿtūh is
automatically under a restriction, whereas the status of the safīh
allows for a degree of judicial discretion.
ṣaḥīḥ ‫صأحيح‬ passim
valid: see general overview above art. 209
salaf ‫سلف‬ advance, as in a loan of money. The sense of 'advance' is that
instead of two mutual obligations being simultaneously
discharged, one person 'advances' by performing his side
immediately, with the other deferring his counter-performance:
584, 733(7)
tasallaf
‫تسلف‬ tasallaf - reflexive form of salaf - to take a salaf for oneself
ṣālaḥ ‫صأال‬ to enter into a ṣulḥ

salam ‫سلم‬ forward sale: defined at 568 et seq.

sanad ‫سند‬ 1. root meaning: support

2. ground, valid legal cause (for the acquisition of a right):
1318, 1321, 1336
3. document, instrument, deed (establishing or evidencing a legal
status or right): 93, 150. 477, 1125, 1344, 1350 et seq., 1369,
1402, 1418, 1423 et seq., 1441, 1491 et seq.
4. bill, as in sanad li-ḥāmilih bearer bill: 1325
sanad dayn ‫سند دين‬ instrument of obligation/debt, e.g. IOU, bill of lading : 364 et
seq.
sanad idhnīy ‫سند إذن‬ 'permissive instrument', an instrument in favour of the bearer:
1493. As opposed to a sanad ismīy qv.
sanad ismīy ‫سند اسي‬ nominate/named instrument, e.g. a valuable security made out in
favour of a particular named person rather than of the bearer:
1493. As opposed to sanad idhnīy qv.
saqaṭ ‫سقط‬ passim
to fall, lapse, cease to exist (esp. a right): 54, 55. It is a
characteristic of a right that has lapsed saqaṭ that it cannot be
resurrected.
ṣarīḥ ‫صأريح‬ passim
express (as opposed to implied): 259
ṣarīḥan
‫صأرياة‬ see under dalāla

shāʾiʿ ‫شائع شيومع‬ jointly owned; co-owned: 681, 813, 822, 1152
noun: shuyūʿ
sharīk ‫شريك‬ 1. partner, generally in a general business sense: 658 et seq., 835
2. the sharer of an obligation, co-obligee: 442 et seq.
pl. shurakāʾ
3. the sharer of a right, co-creditor: 738
4. co-owner, owner in common: 1154 et seq., 1166, 1180 et seq.,
1279 et seq.
sharika ‫شركة‬ company, partnership: 654 et seq.

sharṭ ‫شرط؛ شرط‬ passim

condition (contractual): 31, 50, 420 + general overview above
sharṭ fāsikh
sharṭ wāqif ‫واقف‬/‫فاسخ‬ C420
cancelling condition: 420 et supra
suspending condition: 420 et supra
shuyūʿ ‫شيومع‬ joint ownership: see shāʾi

ṣifa ‫صأفة‬ 1. description in the sense of an essential element, part of the

definition, also as in goods sold by description: 93, 582, 710,
975
2. (legally and/or contractually relevant) characteristic or quality:
195, 1117, 1311, 1313
 3. description; capacity (in the sense of acting in one's legal
capacity as something, e.g. agent as opposed to principal, or
executor as opposed to beneficiary; contrasted but not rigorously
(see definition 4) with legal capacity ahlīya in the sense of not
being under a disability preventing the making of dispositions);
also capacity/description as in falling within the 'description' of a
testator's child for the purposes of inheritance: 154, 195, 526,
1025, 1050, 1504
4. legal capacity (to contract or to perform an act having a legal
consequence, e.g. receiving money owed to another): 209 (but
possibly used erroneously in this article for ahlīya - see note to
209), 345
5. used in the sense of 'manner/mode', with no separate semantic
content, in place of ṣūra or shakl, to make an adverbial phrase,
e.g. bi-ṣifa muṭlaqa 'in an absolute ṣifa' = absolutely: 421; bi-ṣifa
dāʾima = in a permanent ṣifa = in a permanent manner,
permanently: 517
ṣifa ʿāriḍa ‫صأفة عارضة‬ supervening/accidental quality (accidental also in the sense of
non-essential), a new state coming into existence beyond the
normal state of affairs. E.g. it is normal to be healthy and of
sound mind. Sickness and insanity are 'supervening qualities':
38
ṣīgha ‫صأيغة‬ form of wording, the particular words used, esp. with reference
to whether such ṣīgha is valid and binding: 132, or demonstrates
a mistake: 193
ṣulḥ ‫صألح‬ compromise, settlement (of a dispute) for less than the full
amount claimed, or by performance of a different thing: 448,
722, 1093, 1101
taʿaddī ‫تعددي‬ passim
1. infringement 106; of moral rights: 293, 304 et seq., 309
2. wrongdoing, wrongful act: 283, 563
Generally, it is the lowest level of positively wrongful act, and is
used mostly in the context of liability for goods in one's
possession with an obligation of safekeeping.
Etymologically, the word denotes the overstepping of a boundary
line.
tabarruʿ ‫تبع‬ 1. voluntary disposition, gift or other benefit given without
obligation to do so, and without consideration: see general
overview above art. 614, et seq., 306, 396 et seq., 471, 614, 712,
723, 853, 927, 988, 1058, 1195, 1260, C1389, 1439
2. bonus (for a worker): 902
3. gratuitous (e.g. agency, done without reward): 949
Mostly used in the sense of a beneficial act done for another
without any contractual or other legal obligation to do so. Also
used in a contrasting pair with muʿāwaḍa.
tābiʿ ‫تابع‬ 1. lit. 'following': subsidiary, ancillary 53, 517, 664
2. in employment: part of the job: 906
verb: yatbaʿ
‫يتبع‬ 3. subordinate, as in the relationship of employer and employee,
a person 'working under' another: 313, 993, 1040
4. subject, as in having the nationality of a state
5. ancillary, as in subsidiary condition of a contract, or subsidiary
subject matter: 824, 825
6. appurtenant, regarded as part (e.g. of a building): 763, 1188,
1464
 7. following or attaching to (e.g. a priority right over property,
i.e. remaining attached to the property even if the property
changes ownership): 1504
taḍāmun ‫تضامن‬ mutual ḍamān, joint liability: 291, 436 et seq., 450 et seq., 687,
880, 1085 et seq., 1097
tafrīṭ ‫تفريط‬ wrongful act - in the context of the strict liability of a trustee or a
bailee: 696, 970, 978 et seq.
The word appears to be used without distinction of meaning
from the far more frequent taʿaddī.
Etymologically from farṭ, something that is 'let slip', hence a
neglect. In modern usage it has more of a positive connotation -
a deliberate act rather than a neglect.
tafsīr ‫تفسي‬ interpretation, construction: 2, 266
Sometimes used in the sense not just of explaining or
understanding the words, but of drawing more from the words
than they actually say: 30, 265
taghrīr ‫تغرير‬ misrepresentation, deceit: 185 et seq., 285, 491

taḥdīd ‫تديد‬ 1. determine, define i.e. specify or ascertain exactly what

something is: 10, 28, or for a judge to order that it be so: 219,
232, 328
2. to limit (e.g. the scope of application of a law): 297
3. to specify, define (e.g. a period or a price or a share in
property): 494, 504, 582, 748, 812, 874, 1219, 1248
4. to limit, as to impose a limit on a power (e.g. of an agent): 934
5. limit, as in a judge reducing an amount otherwise payable:
328
Etymologically from ḥadd = limit, boundary. The basic
meaning is thus setting a limit, both in the sense of defining, and
in the sense of keeping something within that limit.
tajdīd ‫تديد‬ 1. renew, e.g. an expiring contract: 791, 900, 919
2. renovation (of a building): 1193, 1202
3. novation (of a contract).
taʾjīl ‫تأجيل‬ defer: commentary above article 420, 429, 449

tajriba ‫تربة‬ testing, esp. of goods prior to affirmation of sale: 494 et seq.

takhṣīṣ ‫تصيص‬ 1. allocation, appropriation, esp. in the sense of chattels being

affixed or appropriated for use as part of real property: 102
2. allocated purpose (of common parts of land) 1182, 1193
1407
talaf ‫تلف‬ passim
defined at C300
ṭalāq ‫طلق‬ talaq, divorce: 13

taʾmīn ‫تأمي‬ 1. security (as in security for a debt or the performance of an

obligation): 294, 323, 353, 431 et seq., 794 ,1240, 1316, 1331,
1345, 1399 et seq.
2. insurance: 1026 et seq.
and see rahn taʾmīnīy
taʾmīn ʿaynīy ‫تأمي عين‬ security in rem, security over specific property, such as a
mortgage over land, or particular property left physically in
pledge : 1238 et seq.
tamyīz ‫تييز‬ discretion (in the sense of normal mental ability): 86 et seq.,
defined at 159, 210
tanfīdh ‫تنفيذ‬ execution, enforcement: see general overview above art. 338

taqṣīr ‫تقصي‬ passim

shortcoming, default, error of omission, 'negative error': 282
Occurs most often in conjunction with taʿaddī in connection
with liability for goods.
tarawwī ‫تردوي‬ [time to] consider/reflect, time or opportunity allowed to a party
to a contract to consider whether to affirm it: 634, 1300
tārīkh thābit ‫تاريخ ثابت‬ fixed/established date, proven (latest) date, e.g. of the execution
of a document: 1130, 1487, 1492
tasāmuḥ ‫تسامح‬ 1. toleration, concession: 543, 772, 1379
usually in the sense of a deviation from e.g. the strict
requirements of a contractual obligation, slight enough to fall
within the bounds of what is normally tolerated or let go.
2. toleration in the sense of a person passively permitting
something to happen: 1307
tasallaf ‫تسلف‬ See under salaf

taṣarruf ‫تصرفا‬ passim

1. disposition, any act, usu. involving the grant of a contractual
right, having a legal - usu. contractual - effect.
2. dispose of something in the sense of enjoying the use of it,
e.g. the tenant's right of taṣarruf over the property leased: 1338
taṭlīq ‫تطليق‬ ṭalāq pronounced by order of the court: 13

tawahhum ‫تومهأم‬ (mere) possibility, fanciful speculation: 60

taʿwīḍ ‫تعوميض‬ passim

compensation, indemnity: 384. (see in particular the vocabulary
note C384)
taʿwīḍ ʿaynīy ‫تعوميض عين‬ specific compensation: 384

tawliya ‫توملية‬ contract for resale at the same price/cost price: 506

taʿyīn ‫تعيي‬ specify: 51, 210

khiyār al-taʿyīn - the option to specify: 231 et seq. and preceding
general overview, 434.
thābit ‫ثابت‬ 1. fixed; and see marāfiq thābita
2. proved, established: see tārīkh thābit
thaman ‫ثن‬ passim
1. price: 235, 503, 544
2. proceeds (of sale, esp. in the context of the right of a priority
creditor to recover his debt out of the proceeds of sale): 1399,
1467, 1514
N.b. thaman is generally used for a contractually agreed price, as
opposed to qīma = value, which has an objective criterion not
dependent on the parties to a contract.
thaman al-mithl ‫ثن الثل‬ 'the price of the like', i.e. a fair price, open market price, with no
element of one party obtaining an advantage over the other: 599,
600, 940
ʿudhr ‫عذر‬ 1. cause (= excuse for non-performance); excuse acceptable in
law for the non-performance of an obligation: 29,249, 377, 686,
794, 826, 893, 917, 1028, 1213
 esp. for not bringing a claim within the time limit: 473 et seq.,
1317 et seq., 1446
2. reasonable ground for doing something: 916
3. justification (for doing an otherwise unlawful act): 1143
ʿudūl ‫عدول‬ 1. resile, retract - in a contractual sense, esp. at a stage where
either party may withdraw without being in breach: 148
2. revocation (e.g. of a promise): 281
3. withdrawal (from the exercise of a right): 1376
ujr mithl ʿamalih ‫أجر مثل عمله‬ lit. hire for the like of his work = a fair wage = quantum meruit
remuneration: 690, 814, 821
ujr/ujra ‫أجرة‬/‫أجر‬ passim
see vocabulary note at 741
rent, hire (money), wage, remuneration (of an ajīr): 897 and
above
ujra ijmālīya ‫أجرة إجالية‬ lump sum rent: 765

ujrat al-mithl ‫أجرة الثل‬ fair rent: 748

ʿunṣur pl. ʿanāṣir ‫عنصر عناصأر‬ lit. element, esp. an essential part of a contract, that must be
agreed before a contract can exist: 129, 141, 1134
ʿurf pp. maʿrūf ‫عرفا معروفا‬ passim
knowledge, and by extension: custom: 46, 47, 50, 264
mutaʿāraf ʿ alayh ‫متعارفا عليه‬ cf. ʿāda practice and istiʿmāl usage. These words overlap in
semantic range. Although the boundaries between them are not
fixed, ʿurf appears to be the strongest in legal effect, followed
by ʿāda and istiʿmāl in that order. The stock phrase ʿurf wa ʿāda
'custom and practice' appears in several places in the Code
without apparent distinction of meaning - see e.g. 106 and 206.
In several cases the word ʿāda is used with no visible distinction
of meaning from ʿurf: 46, 396
waḍīʿa ‫وضيعة‬ contract for resale at a loss: 506

wadīʿa see īdāʿ ‫وديعة‬ goods bailed: see under īdāʿ bailment

wafāʾ ‫وفاء‬ fulfilment, performance : see above 342

wakīl ‫وكيل‬ agent: see vocabulary note above 149

wakāla ‫وكالة‬ passim

1. agency: see vocabulary note above 149, 217, 326
2. power of attorney (for an advocate): 925
walīy/wilāya ‫ ولية‬/ ‫ول‬ 1. guardian/guardianship: 16, 88, 163, 164, 172
2. power over the subject matter of the contract: see general
overview above art. 213
waqf ‫وقف‬ waqf, endowment of property for religious or charitable
purposes, charitable trust: passim
wāqiʿa ‫واقعة‬ 1. event, incident, esp. one with a legally productive
significance: 20, 422, 1036
2. fact (relevant in a person's decision to enter into a contract):
186
wārith ‫وارث‬ heir: see note under muwarrith

waṣīy/wiṣāya ‫وصأاية‬/‫وصأي‬ executor/executorship of a testamentary disposition: 16, 88,

160, 164, 172, 489
wiḥda qiyāsīya ‫وحدة قياسية‬ unit of measurement: see under qiyās

wilāya ‫ولية‬ see under walīy

wiṣāya ‫وصأاية‬ see under waṣīy

yukhill ‫يدل‬ to cause khalal qv.

yurjaʿ ilā ‫ميرجع إل‬ see marjaʿ

yasīr ‫يسي‬ 1. slight, non-fundamental, usually in the sense of a slight

breach, or a slight deviation from contract, or slight damage -
generally such as is not grave enough to justify cancellation of a
contract: 765
2. simple, easily accomplished: 772
see ghubn yasīr
yufsid ‫يفسد‬ cv. of fasād : to render fāsid

ẓāhir ‫ظاهأر‬ 1. outwardly apparent: 65

2. overt, sham [contract] as opposed to the covert and true
contract: 394 et seq.
3. apparent facts: 118
4. visible, obvious, evident: 540, 588
5. conspicuous (printed contractual clause): 1028
6. overt, not kept secret or done in secret: 1315, 1363
7. the surface, the visible part: 544
zakāt ‫زكاة‬ zakat, income tax under Islamic shariʿah