Hilye as an Identification Instrument in Documantation in Islamic Law: Descriptions of Physical Qualities
Journal Title: Marife Dini Araştırmalar Dergisi - Year 2018, Vol 18, Issue 2
Abstract
In Islamic societies, a special emphasis has been placed on documentation to ensure the reliability of legal transactions. In documantation, to prevent possible fraud to be infers a special language understood especially by experts/ professionals. For this purpose the shurût authorities, in identification of parties in documents in addition to name, genealogy and name of profession, make mention of descriptions of physical qualities and defects. They have tried to use a common language to describe these qualities. These descriptions were covered under the hilâ/hulâ heading in shurût works. Shurût authorities do not accept the description of physical qualities from the main elements of identification. However, they recommend that physical qualities be mentioned in the document in order to facilitate identification. These descriptions include detailed descriptions of age, height, head and body structure, spots, stains and flaws and deficiencies in organs. In this article, within the framework of the relevant sections of the works of Samarqandî (d. 550/1155), Tarsûsî (d. 758/1357), Imâdî (d. VIII./XIV. century), Ibn Farhûn (d. 799/1397) and Minhâcî (d. 889/1484), the words used to express these descriptions and their meanings will be listed.
Authors and Affiliations
Şenol Saylan
Keywords
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