Читать книгу A Dictionary of Islam. Being a cyclopedia of the doctrines, rites, ceremonies, and customs, together with the technical and theological terms, of the Muhammadan religion онлайн

121 страница из 560

Though possession is not necessary to complete the transfer of property under a legal sale, the case is different where the contract is illegal; for here property does not pass till possession is taken. The sale, however, though so far effectual, is still invalid, and liable to be set aside by a judge, at the instance of either of the parties, without any reference to the fact of the person complaining being able to come before him with what in legal phraseology is termed clean hands. A Muḥammadan judge is obliged by his law to interfere for the sake of the law itself, or, as it is more solemnly termed, for the right of God, which it is the duty of the judge to vindicate, though by so doing he may afford assistance to a party who personally may have no just claim to his interference. (The Muhammadan Law of Sale, according to the Haneefee Code, from the Fatawa Alamgiri, by Neil B.E. Baillie. Smith, Elder & Co., London.)

BAIL. Arabic كفالة‎ kafālah. Bail is of two descriptions: Kafālah bi-ʾn-nafs, or “security for the person”; Kafālah bi-ʾl-māl, or “security for property.” In the English courts in India, bail for the person is termed Ḥāẓir-ẓamānī, and bail for property Ẓamānah, or “security.” Bail for the person is lawful except in cases of punishment (Ḥudūd) and retaliation (Qiṣāṣ). (Hidāyah, vol. ii. p. 576.)