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-  2018 

Hilye as an Identification Instrument in Documantation in Islamic Law: Descriptions of Physical Qualities

Keywords: ?slam Hukuku,?lm-i ?ür?t,Belgeleme,Kimlik Tespiti,Hilye

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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 it was created a special language understood especially by experts/ professionals. For this purpose the shur?t authorities, in identification of parties in documents in addition to name, genealogy and name of profession make mention of description of physical qualities and defecty. They have tried to use a common language to describe these qualities. These descriptions were covered under the hila/hula heading in shur?t works. Shur?t 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, spot, stains and flaws and deficiencies in organs. In this article, within the framework of the relevant sections of the works of Samarqand? (d. 550/1155), Tars?s? (d. 758/1357), Imad? (d. VIII./XIV. century), Ibn Farh?n (d. 799/1397) and Minhac? (d. 889/1484), the words used to express these descriptions and their meanings will be listed

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