Islam Museum Islam Museum islam.museum
Search ⌕ ARENUR
Accessibility
Text size 100%

Saved on this device only — nothing is sent anywhere.

Indibat (the controllability of a feature, as a condition for legal causes)

الانضباط

Indibat is not found in the older lexicons; the modern dictionary gives its verb from dabata, to hold firm, and it means in usage falling under a rule, a general judgement, so that a thing becomes known. 1 Among the conditions of a cause for the usulis is that it be a controllable feature (wasf mundabit) of the wisdom, and not a bare wisdom that cannot be controlled, as hardship is controlled by its likely cause, travel. 1 A suitable feature is controlled in three ways: by itself, by custom, or by the law through its likely cause. 2 Examples in fiqh include the controlled description of the goods in a forward sale (salam) and the controlled injury in retaliation for wounds short of death. 2

Depth

At a glance

Era
The Prophetic Era
Region
Global / Diaspora
Review
Draft Completeness 1/5 · Help complete it

Law and courts

Definition

Indibat is not found in the older lexicons; in the modern dictionary its verb is the reflexive of dabata, to hold firm, and in usage it means falling under a rule or general judgement, so that the thing becomes known. 1

Controllability in a cause

Among the conditions of a cause for the usulis is that it be a controllable feature of the wisdom, and not a bare wisdom that cannot be controlled. Hardship is not reckoned in each degree but is controlled by its likely cause, travel. 1 Objectors said suitable features such as hardship and deterrence cannot be controlled; the reply is that a suitable feature is controlled in three ways: by itself, such as certainty; by custom, such as benefit and harm; or by the law through its likely cause, such as travel or a fixed penalty. 2

Fiqh examples

  • The controlled description of goods in a forward sale (salam), such as a mixed fabric whose parts are known in the trade. 2
  • The controlled injury in retaliation for a wound short of death, such as a cut at the joint; where it cannot be controlled, as with a wound to the body cavity, no retaliation is due. 2

People and things also explored

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3506
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3507
Cite this page

islam.museum contributors. “Indibat (the controllability of a feature, as a condition for legal causes)”. islam.museum, https://islam.museum/en/concept/indibat/. CC BY-SA 4.0. Last updated 2026-10-23.

Improve this page on GitHub · Report an error · JSON

Wing

Ideas

Beliefs, concepts, sciences and schools, explained in plain words. Related

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.