Monday, April 1, 2013

H


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WordMeanings
Habal al HablahSale of what is in the womb of an animal; a sale where its subject matter is not clearly known – prohibited due to Gharar.
HadiahDonation.
Hadith(1) Oral traditions relating to the words and deeds of Muhammad
 (2) Stories about and sayings (specific pronouncements, deeds, or approvals of other people’s actions) of the Prophet.
 (3) A record of the sayings and living example of the Prophet Muhammad (pbuh), referred to as the Sunnah.
 (4) the technical term for the source related to the sunna, the sayings– and doings – of the Prophet, his traditions.
HajaNecessity.
Hajj(1) Pilgrimage.
 (2) Pilgrimage to Makkah combined with other holy places. Hajj, the fifth pillar of Islam, is a duty on every Muslim who is financially and physically able to carry it out, at least once in his/her lifetime.
Halal(1) Lawful or permissible.
 (2) Permitted according to shari’a.
 (3) Anything permitted by the Shariah; permissible goods, valid earnings, etc.
 (4) That which is permissible. In Islam, there are activities, professions, contracts and transactions which are explicitly prohibited (haram). Barring them, all other activities, professions, contracts, and transactions etc. are halal.
 (5) That which is permissible by the Shari'ah, valid earnings.  The concept of halal has spiritual overtones.  Muslims believe that all things have been provided by God, and the benefits derived from them, are essentially for the use of mankind, and so are permissible except what is expressly prohibited in The Qur’an or the Sunnah. It also refers to activities, contracts and transactions as well as earnings. When guidance is not clearly given in The Qur’an there are several other sources of law, for example, guidance can be sought from Fiqh, which means ‘understanding’ and is the science of jurisprudence: the science of human intelligence, debate and discussion.The concept of halal is one of the distinctive features of Islamic economics vis-a-vis Western economics where no such concept exists.  In Western economics, all activities are judged on the touchstone of economic utility.  In Islamic economics, other factors, mostly ethical and moral are also involved.  An activity may be economically sound but may not be allowed in the Islamic society if it is not permitted by the Shari'ah.
Hamish Jiddiyah(1) Token money, down payment by a party intending to purchase certain goods who wishes to confirm the intention to do so by paying an amount to the seller as token money or down payment to secure the goods. Also, see Arbun.
 (2) The margin reflecting firm intention of the promisee – earnest money taken from a person who intends to purchase a commodity from or enters into a contract with anyone to confirm his sincerity to actually purchase the commodity when offered. In the case of breach of promise, the promisee has the right to recover his actual loss incurred due to the breach.
Hanafi"One of the four well-known schools of thought in Islamic jurisprudence or religious law engaged in the interpretation of theQur’an and Sunnah. Founded by one of the classical jurists, Imam Abu Hanifa (d. 765 AD), followers of this school are known asHanafi's. Others are Hanbalis, Malikis andShafi'is.  Zahiri is another known school developed by Daud ibn Khalaf (d. 883 AD). The Jafri Shia Islam school in Islamic jurisprudence was developed by Imam Ja'far al-Sadiq (d. 765) at about the same time its Sunni legal fiqh counterparts were being codified. It was distinguished from Sunni law "on matters regarding inheritance, religious taxes, commerce, and personal status."
Hanbali"One of the four well-known schools of thought in Islamic jurisprudence or religious law engaged in the interpretation of theQur’an and Sunnah. Founded by one of the classical jurists, Imam Ahmad Hanbal (d. 855 AD), follower of this school is known as Hanbalis. Others are Hanafis, Malakis and Shafi'is. The Hanbali is considered the hardest in terms of social and personal rules. ahiri is another known school developed by Daud ibn Khalaf (d. 883 AD). The Jafri Shia Islam school in Islamic jurisprudence was developed by Imam Ja'far al-Sadiq (d. 765) at about the same time its Sunni legal fiqh counterparts were being codified. It was distinguished from Sunni law "on matters regarding inheritance, religious taxes, commerce, and personal status."
Haram(1) Unlawful, forbidden, prohibited
 (2) Forbidden according to shari’a.
 (3) Anything prohibited by the Shar¯ı´ah.
 (4) Unlawful in Islam. Activities which are explicitly prohibited by The Qur'an or the Sunnah. The prohibitions also includes professions, contracts and transactions as well as earnings.  When guidance is not clearly given in he Qur’an there are several other sources of law, for example, guidance can be sought from Fiqh, which means ‘understanding’ and is the science of jurisprudence: the science of human intelligence, debate and discussion. The concept of haram is one of the distinctive features of Islamic economics vis-a-vis Western economics where no such concept exists.  In Western economics, all activities are judged on the touchstone of economic utility.  In Islamic economics, other factors, mostly ethical and moral are also involved.  An activity may be economically sound but may not be allowed in the Islamic society if it is not permitted by the Shari'ah. Opposite Halal.
HarusPermissible act.
Hawalah(1) Bill of exchange, promissory note, cheque or draft.
 (2) Lit. transfer; legally, an agreement by which a debtor is freed from a debt by another becoming responsible for it, or the transfer of a claim of a debt by shifting the responsibility from one person to another – contract of assignment of debt. It also refers to the document by which the transfer takes place, like a bill of exchange, promissory note, cheque or draft.
 (3) Lit. it means transfer; legally, it is an agreement by which a debtor is freed from a debt by another becoming responsible for a debt or the transfer of a claim of a debt by shifting the liability for payment from one person to another, such as a contract for assignment of debt. Thus the responsibility for payment shifts to another party. It also refers to the document by which the transfer or assignment takes place, such as a bill of exchange, promissory note, cheque or draft.The mechanism of Hawalah is used for settling accounts by book transfers without the need for physical transfer of cash.
Hesab al takafulTakaful Ta'auwuni Account
Hibah(1) Gift awarded by a bank without any commensurate exchange
 (2) Gift – to give something in permanent ownership to another without any consideration in exchange.
 (3) A gift. Tech: transfer of a determinate property (mal) without any material consideration. It may be something given on a voluntarily basis by a debtor to a creditor as a token of appreciation at the time of returning an interest-free loan. Islamic banks can use their discretion to make a payment by way of ‘gift’ to their customers on non-investment account balances and to attract more deposits for the bank. While such a ‘gift’ appears similar to interest, and may, in effect, have the same outcome, Hibah is a voluntary payment made (or not made) at the bank's own discretion, and is not guaranteed.
HikmahRationale, Wisdom behind any course of action or injunction.
Hilah(1) Ruses, tricks used in transactions to circumvent the basic prohibitions.
 (2) A forbidden structure used for the purpose of attaining a desired legal outcome, something done to deceive others. Using permissible or a combination of permissible means to reach forbidden ends. Tricks or ruses employed in structuring transactions to give the appearance that they are in compliance with the Shari’ah when the real intention is to circumvent the basic prohibitions. pl. Hiyal.
Hisbah(1) An office which in traditional Islam supervised markets, provided municipal services and settled petty disputes.
 (2) A term used by the classical Muslim jurists to describe the function carried out by the state or appropriate Islamic authority to regulate the market place. It includes whatever steps may be needed in order to maintain a fair and orderly market place.
HiwalahRemittance involving a transfer of funds/debt from the depositor’s/ debtor’s account to the receiver’s/creditor’s account
Hiyal(1) sing. Hila; Ruses, used in reference to crafty ways of circumventing the prohibition of riba.
 (2) ‘Permissions’ or legal manipulations, evasions.
HududPunishments such as dismemberment and death by stoning.
Hukm(See Hukum.)
Hukmi (Qabza)Constructive possession; a situation in which the buyer has not taken the physical delivery of the commodity, yet the commodity has come into his risk and control and all the rights and liabilities are passed on to him, including the risk of its destruction.
HukumIn Fiqh, the Shari'ah ruling associated with any action; rules, provisions and laws includes Allah's command's/norms/values for individual believer.
HusahLit. pebbles; A type of sale that was practiced by the Arabs in the Jahiliyyah in which the sale was determined by casting of pebbles. This practice was prohibited by Prophet Muhammad (pbuh) because of the uncertainty ( gharar) which characterised the contract which governed it.
Husnal QadhaGracious payment of loan/debt: repaying a loan in excess of the principal without a precondition; individuals’ discretion; not to be adopted as a system in which a creditor, lender or an investor has expectation of getting some reward on the debt.



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