This article argues against the depiction of Ibn Khaldūn as someone whose preoccupation and credulity regarding mysticism or the occult diminish the rationalism and reformism of his thought, rendering it irrelevant to our concerns today. Instead, it argues that he consistently tries to steer his readers away from such pursuits by exposing them as fake when possible, or—in cases where their reality is attested to by unimpeachable religious sources—by highlighting the dangers they pose to both religion and state.

Despite the vast scholarship on Ibn Khaldun, little attention has been devoted to his views on war - views of considerable contemporary significance because he remains one of the few authoritative figures across a broad swath of the Islamic political spectrum. The first part of this article identifies jihad as a crucial element of a broader imperative for Ibn Khaldun: establishing empires of sufficient size, diversity and cosmopolitanism to sustain the kind of civilization he views as necessary for human excellence. (...) The second part of the article demonstrates that for Ibn Khaldun the good military commander, like the good religious guide, is a model for the good or artful statesman in general. In the process, Ibn Khaldun's study of war and empire emerges as one of the most innovative articulations of Realpolitik in Islamic political thought. (shrink)

Although the Mukhtasar Siyasat al-Hurub has attained iconic status in the Islamic military canon, it has never received a full-length analysis. Almost all extant references, moreover, focus on its technical aspects rather than its political subtext. That subtext has a twofold purpose. First, to valorize reason by emphasizing the centrality of deliberation in jihad. Second, to ensure that such valorization nevertheless does not lose sight of (a) the uncertainties of war, which militate against replacing faith in supernatural forces with an (...) equally unwarranted faith in science; or (b) the existence of evil in the world, which precludes any hope of perpetual peace. As such, the Mukhtasar articulates a distinctive Islamic approach that diverges both from a more optimistic Western tradition extending from early Christianity to the Enlightenment, and from an alternative-- but currently resurgent-- Islamic outlook on the proper scope and conduct of jihad. (shrink)

This communique presents the Q-S synchronization of two nonidentical complex nonlinear hyperchaotic systems with unknown parameters. An adaptive controller based on adaptive integral sliding mode control and parameter update laws are designed to realize the synchronization and parameter identification to a given map vector. The aforementioned strategy’s employment demands the transformation of a system into a specific structure containing a nominal part and some unknown terms. An integral sliding mode controller is used to stabilize the error system by designing nominal (...) control accompanied by compensator control. For chattering suppression, a continuous compensator of smooth nature is used instead of conventional control. The stability of the proposed algorithm is established in an impressive way, using Lyapunov criteria. A numerical simulation is performed to illustrate the validity of the proposed synchronization scheme. (shrink)

In this article, complete synchronization and antisynchronization in the identical financial chaotic system are presented. The proposed control strategies depend on first-order sliding mode and adaptive integral sliding mode for complete synchronization and antisynchronization of the identical financial chaotic system. In the primary case, the system parameters should be known, and first-order sliding mode control is utilized for synchronization and antisynchronization while in the second case, the system parameters are considered unknown. An adaptive integral sliding mode control strategy is utilized (...) for synchronization and antisynchronization of the system considering the parameters unknown. The error system is changed into a particular structure containing a nominal part and several unknown terms to utilize the adaptive integral sliding mode control. Then, this error system is stabilized using integral sliding mode control. The stabilizing controller is usually developed based on the nominal part plus the compensator control part. To suppress the high-frequency oscillation phenomenon, smooth continuous compensator control can be used rather than conventional discontinuous control. The compensator controller along with the adapted law is derived such that the time derivative of the Lyapunov function becomes strictly negative. The effectiveness of the proposed method was tested through computer simulations. The proposed control strategies are verified for that Identical 4D hyperchaotic financial system to attain complete synchronization and antisynchronization along with the improved performance. (shrink)

Commentary on the Taḥrīr al-qawāʻid al-manṭiqīyah fī sharḥ al-Risālah al-Shamsīyah, a noted text book for religious schools.

Selecting the sex of a fetus has been a desire of parents in many different cultures. Modern Muslim religious scholars have identified advantages and disadvantages of this practice, permitting it in certain cases while forbidding it in others. In general, they do not appear to desire that selection of sex become a common practice, yet they are willing to allow it for personal reasons. This case-by-case approach exemplifies a key aspect of Muslim ethical discourse. After an overview of justifications for (...) fetal sex selection in different cultures, I turn to a discussion of authoritative Islamic sources. I then analyze the reasoning of several modern authorities who deal with the issue. In the absence of a clear religious text on the subject, scholars seem inclined to legitimize sex selection, and in so doing they appear strongly influenced by social attitudes. (shrink)

El artículo trata de la actividad de Averroes como muftí, del papel que juega esta figura jurídica en el mundo del Derecho andalusí, de la confusión entre Averroes y su abuelo acerca de la donación de fetuas y, por último, en el carácter jurista de Averroes. This paper is about the activity of Averroes as mufti, the rol of this occupation in the legal word in al-Andalus; also, about the confusión between Averroes and his grandfather in the donation offetuas (...) and, finally, the legal features of Averroes. (shrink)

Esta investigación intenta identificar al "muftí de Orán," bosquejando su vida y carrera a través de un análisis de los datos disponibles en las fuentes oorteafricanaa. Quisiera plantear que, ya en las fuentes biográficas del siglo XVI, se bao coofundido las biografias de dos emditoa, la del muftí, Abti l-'Abbáa Alimad b. Ahí (~um'a (m. 917/1511), y la de su hijo, Abti 'Abd Alláb Mul~ammad ~aqrtin (m. 929/1523-24). Mi investigación propone resolver esta confusión. Originario de Orán, Al~mad estudió en Tremecéo (...) y acabó por establecerse en Fez, donde cooaiguió un puesto como profesor de ley islámica. Ea probable que haya emitido su famoaafarwó de 910/1504 a los moriscos desde allá, como uno de los juristas prominentes de la ciudad, con la intención de oponerse a la opinión de su contemporáneo AlJmad b. YalJyá alWaniariai (m. 914/1508). (shrink)

In the period of the Saḥāba (Companions), Tābiʿīn (Successors), and Atbāʿ al-Tābiʿīn (Followers of the Successors), those who had the capacity to do ijtihād on religious issues would act according to their ijtihād without being tied to any a particular person or school. Those who did not have the capacity to perform ijtihād could obtain a fatwā from any muftī whom they consulted, without any school-sectarian affiliation. However, with the emergence of the schools of jurisprudence (madhhab) in II-IV centuries AH, (...) the issues of ijtihād, taqlīd and madhhab have been discussed and different opinions have emerged on the subject. Some scholars argue that those who do not have the capacity to do ijtihād should do taqlīd, while others argue that every legal person (mukallaf) should do ijtihād in their religious affairs according to their own capabilities and act according to the conclusions reached. While those who argue that taqlīd is necessary for a Muslim who does not have the proficiency in ijtihad claim that a Muslim should adhere to a madhhab in his religious-practical life, another group argues -based on the legal maxim “Ammī does not have a madhhab. His sect is that of the mufti he consults”- that a Muslim may act upon the consultation of the scholar he wants to follow. In this study, the issue related to the situation of the Muslim who does not have competence to do ijtihād has been examined. In this context, the nature of taqlīd is emphasized and scholars’ opinions regarding opinions about the taqlīd of the layperson (ʿāmmī) are addressed. (shrink)

In this article, the life of Göynüklü Ibrāhīm Ḥaḳḳī Efendi will be analyzed. Ibrāhīm Ḥaḳḳī Efen-di was born in Göynük in the middle of 1294/1878 according to the Rūmī calendar. Since his father was a mudarris, he has become familiar with ʿulamāʾ circles since his childhood. He spent the first years of his education life in Göynük, where he was born. He completed the later stages of the education process in Istanbul. He returned to Göynük after completing his mad-rasa education (...) and obtaining his ijāzāt and he undertook various official duties in his hometown until 1946, the date of his death. He served as the Muftī of Göynük for the longest time among the duties he has undertaken. It is known that he had continued this duty in the last period of the Ottoman Empire and the first years of the Turkish Republic. Therefore, Ibrāhīm Ḥaḳḳī Efendi is the last muftī of the Ottoman period and the first muftī of the Republic period in Göynük. Ibrāhīm Ḥaḳḳī Efendi is the subject of this article because we think that his position is important. According to our findings, there has not been any study on Ibrāhīm Ḥaḳḳī Efendi yet. In this respect, the article will enable Ibrāhīm Ḥaḳḳī Efendi to known in the light of archive sources and other available information/documents. The article includes informations about his life, family, education, hodjas, scientific background and the duties he undertook. In order to obtain this information, we first applied to the Istanbul Muftī’s Mashīkhat Archive and to the Religious Affairs Presidency Archive. From the aforementioned archives, the registry files of Ibrāhīm Ḥaḳḳī Efendi were obtained. In addition, other sources that will contribute to the article have been carefully scanned. Ibrāhīm Ḥaḳḳī Efendi took the exam of the lectern sheikhdom and was found successful after his madrasah education. But, since the appointment to the lectern sheikhdom was made ac-cording to a certain hierarchy, his turn did not come. Upon this, Ibrāhīm Ḥaḳḳī Efendi returned from Istanbul to his hometown, Göynük and undertook a number of official duties from this date until his death. Court membership, mudarrisship and muftīship are among his official duties that he undertook. His name was chosen and determined by the local units for the duty of muftī and he was appointed to the post with the approval of Shaykh al-Islām. Ibrāhīm Ḥaḳḳī Efendi had served as the muftī of Göynük between 1912-1946 without any interruption. His long service as a muftī is enoug to reach a positive opinion about his education, scientific knowledge, personal characteristics, and his position in the eyes of administrators and society. Because the fact that a person has held the same post for thirty-four years is at least a sign of trust in him. However, when he was first appointed as muftī, some objections were raised against him. It is possible to list these objections under the headings such as taking sides in favor of Ibrāhīm Ḥaḳḳī Efendi when he was elected as the mufti, ignoring the applications of other candidates and his lack of scientific knowledge. These objections that submitted to the officials were not ignored by the local authorities, on the contrary, they were addressed. Even, these objections were investigated by more than one governmental institution. As a result of the investigations, it was determined that the allegations made against Ibrāhīm Ḥaḳḳī Efendi were unfounded. As a result, this amount of information has been identified for Ibrāhīm Ḥaḳḳī Efendi at least for now. It would be appropriate to state that the contents of the article is open to improvement with the information and documents that are likely to be obtained later. (shrink)

This article focuses the divorce oaths reflected in fatwās from Ottoman social life, oathbreakings and the remedies muftīs suggested to nullify divorce oaths. The purpose of the article is to describe the usage areas of the divorce oath in Ottoman social life, the problems within and outside of marriage it created, and the ways to solve these problems, based on the issues consulted to muftīs. The fatwās used as a data source in the article are limited to those have personally (...) been asked to Hanafī muftīs who served in Anatolia and Rumelia between the 16th and 18th centuries. The article is a study of the history of law that uses the fatwās in the collections, most of which are found as manuscripts, as the main data source. The acceptance of conditional divorce as a kind of oath in the Hanafī legal tradition paved the way for its use in Ottoman social life for different purposes beyond divorce. A great number of fatwās indicate that the divorce oath of husband in the family was sometimes a means of restraining and educating the wife, and sometimes a counter measure some rules of the Hanafī madhhab that may cause victimization of the wife. In social life, the divorce oath was used to reinforce personal decisions, it often functioned as a verbal guarantee in debt relations, and allowed the authorities to put pressure on people. Violation of the divorce oaths would in many cases cause serious family problems. Therefore Ottoman muftīs suggested some remedies to nullify divorce oaths. These remedies generally are proxy, marriage by unauthorized person and to divorce the wife-to break the oath-to remarry the wife. The article describes and interprets numerous fatwās on which these findings are based, in the light of Hanafī legal doctrine. (shrink)

Sunnism constitutes eighty percent of the Islamic world. The most academic and renowned religious seminary in the Sunni world is Al-Azhar University in Egypt, and it is from here that most verdicts on novel issues such as human cloning are decreed and disseminated throughout the Islamic and non-Islamic worlds. The perspective of this seminary and of other significant Sunni jurisprudential councils and figures are alluded to throughout this essay. I lay out the method of legal derivation employed by the Sunni (...) clergy and scholars and then illustrate how they have arrived at their prohibition on human cloning. I demonstrate weaknesses of methodology employed by the major Sunni Muftis within the domain of jurisprudence. (shrink)

This essay reconsiders the category of “Holocaust denial” as the marked indicator of ethical transgression in Holocaust historiography within American civil religion. It maintains that the present category excludes and thereby enables other violations of responsible Holocaust historiography. To demonstrate the nature and gravity of such violations, the essay engages the widespread claim that Hajj Muhammad Amin al-Husayni, the former mufti of Jerusalem, was an instigator, promoter, or “driving spirit” of the Nazi genocide against Jews, and the associated suggestions (...) of wider Arab and Muslim complicity. The essay uncovers the history of the Husayni narrative in question, the dramatic circumstances in which it emerged, its role in the 1961 trial of Adolf Eichmann, and its rediscovery and misuse within American popular and political circles over the past two decades. Such misuse, it concludes, corrodes Holocaust recognition within American civil religion and demonstrates the need for a revision of the socially accepted ethical boundary for responsible Holocaust historiography. (shrink)

Deontic logic handles not only deontic modalities, but also alethic and temporal ones. In addition, individuals like authorities and addressees play an important role. R5-D5 is a system handling alethic, deontic and temporal modalities, whose adequacy has been proved in an earlier paper. Similarly for KD*UXY with sets of individuals . The present article is an attempt to construct a general system mixing R5-D5 and KD*UXY.

The work named Fusûlü'l-İmadî, which belongs to Ebü'l-Feth Zeynüddîn el-İmadî, the grandson of Burhaneddin el-Mergînânî, the owner of the famous Hidaye, which includes the subjects of Fürû-i Fiqh and the law of trial, has been one of the main works that has been applied by influencing many mufti, kadi and jurists, especially the Ottoman sheikhs. The work is also important in terms of being a source for many fatawa and fürû-i fiqh works. The fact that the work written in (...) the Fergana region is one of the main sources referenced both in the Ottoman geography and in other Muslim geographies also shows that the work is valuable. In this study, by pointing out the importance and value of the work, it was tried to determine the contribution of the work to the Ottoman period fetâvâ mecmuas and Hanafi fiqh literature. In the study, the life of Ebü'l-Feth Zeynüddîn el-İmadî was mentioned, and his work Fusûlü'l-İmadî was examined in detail. The contribution of the Ottoman Fetvâhâne, which uses Fusûlü'l-İmadî as a source, to some of the fetâva works, which are accepted as one of the most respected fetâva journals, is discussed and some quotations from the work are included with their examples. In addition, the contribution of the work to the Hanafi fiqh literature was examined on the basis of some fürû-i fiqh works of the Ottoman period and the work called Mir'ât-ı Mecelle. Thus, by pointing out the importance of Fusûlü'l-İmadî and his contribution to the literature of fiqh and fatwa, this work was drawn attention to new studies. (shrink)

Im Jahr 1900 entdeckte Max Planck die Quanten, die das vorherrschende Modell der klassischen Natur radikal in Frage stellten. Doch seit mehr als einhundert Jahren besteht ein Interpretationsdesaster, weil an der Dominanz des klassischen Modells der Natur nicht gezweifelt wird. Schuld daran ist in erheblichem Maße Albert Einstein. Dennoch hat er wie kein anderer die konträren Paradigmen der Natur auf den Begriff gebracht. Nimmt man ihn beim Wort und tauscht wider seinen Intentionen in einem revolutionären Akt die beiden Paradigmen in (...) ihren Verhältnissen aus, stellt also die Quantenwirklichkeit über die klassische Wirklichkeit, verschwinden alle Interpretationsprobleme. Die quantische Natur versinkt nicht mehr in Verrücktheiten, sondern erweist sich im Sinne des Philosophen Kant als vernünftig. In der Evolution des Lebens erscheint sie zudem als quantisches Denken. Da es das klassische Denken negiert, erscheint das quantische Denken in seiner Verletzung der Griceschen Maximen zudem als fiktional und schön. Hierzu hat uns Friedrich Schiller eine Vernunftsphilosophie der Freiheit als Schönheit in der Erscheinung angeboten. Als solche erscheint damit in Konsequenz die Quantenwirklichkeit. Sie ist nicht nur vernünftig, sondern auch schön und garantiert Freiheit. Das klassische Paradigma, par ordre de mufti als universal postuliert, garantiert dagegen hässliche und unvernünftige Unfreiheit, am deutlichsten artikuliert im Laplaceschen Dämon und in seinem Allmachtsanspruch im Verbund mit Leviathan. Höchste Zeit, sich aus dieser klassischen Unmündigkeit zu befreien. Dazu reicht es aus, das klassische Paradigma in das Quantenparadigma einzuordnen. Das vorliegende Buch über die vernünftigen und schönen Quanten kann dabei behilflich sein. (shrink)

The intra-school controversies in Hanafī school are remarkable. These controversies pose a risk for legal safety and stability and creates difficulties for muqallīd Hanafī judges and muftīs. In the historical process, different types of literature such as mukhtaṣar and fatwa (legal opinion) books, and applications such as aṣṣaḥ-ı aqvāl and maʻrūdhāt, emerged to solve this problem. One of the last example of these applications is the codification movement. The subject of this study is the relationship between the Majalla al-Aḥkām al-ʿAdliyyah, (...) which is the first product of codification based on fiqh (Islamic jurisprudence), and the intra-school preference. In order to describe this relationship, it is briefly emphasized that one of the aims of codification of Majalla is to satisfy the need for intra-school preference. The function and content of Majallaʼs necessary reasons, (asbāb al-mūjiba) was analyzed in terms of intra-school preference. The interventions on the preferences of the Majalla Commission are also emphasized. The Majalla is a text of the intra-school preference. The analysis of its content in relation to intra-school preference is very important. Therefore, in order to reveal what kind of method is used in intra-school preferences and to determine different aspects of intra-school preference in the Majalla, the chapter about ‘sale’ (Kitāb al-Buyūʿ) of the Majalla are examined.Summary: The intra-school controversies in Hanafī School, which is quite important in terms of freedom of ijtihād (independent legal judgment) and legal wealth, possible to threaten legal safety and stability. These controversies also make difficult for judges to reach a judgment or fatwa in controversial affairs. For this reason, determination of the rājiḥ (preferred opinion) in controversial issues in the school, is a need that must be eliminated.The intra-school preference can be described as "to determine the superior, preponderant of different opinion or narrations about a specific issue in the school". In the historical process different types of literature such as mukhtaṣar and fatwa books, and different applications such as asaḥḥ-ı aqvāl and maʻrūzāt, emerged to meet this need. One of the applications aimed to meet this need is the codifications in the last period of the Ottoman State.The relationship between the Majalla al-Ahkam al-Adliyyah, which is the first example of codification based on fiqh (Islamic jurisprudence), and the intra-school preference; and in this context, while preparing the Majalla how a method was followed in the intra-school preference; at what rate be obeyed the rājiḥ (preferred) opinion; articles contrary to the rājiḥ (preferred) opinion in Majalla and their reasons; whether legal arrangements have been made in all controversial issues; at what rate be met the need of determination of rājiḥ (preferred) opinion are the issues that need to be examined.One of the main reasons for the need for a law text such as Majalla al-Ahkam al-Adliyyah is the multitude of the intra-school controversies in Hanafī School. Therefore, the goal of Majalla is to prepare a code that contains rājiḥ opinion.When Majallaʼs necessary reasons, i.e. asbāb al-mūjiba, are examined in terms of the intra-school preference, it is seen that there are two basic functions of necessary reasons. The first of them is, emphasizing that the code is prepared substantially in accordance with the râjih opinion in the school. In fact, that this issue in the asbāb al-mūjiba of the first ten books of Majalla is expressly stated. The other function of the asbāb al-mūjiba is to justify that why rājiḥ opinion are not be confirmed in some article. In the necessary reasons it is stated that twelve articles are prepared in the direction of unrâcih (unpreferable) opinion. Considering that Majalla is formed of 1851 article, it will be better understood that how the rājiḥ opinions are effective in Majalla's content. Essentially, the conditions of the period also make it necessary. The preference of the non-preferred opinion of Züfer (d. 158/775) in 692nd article of Kitāb al-Ḥavala, caused the reaction of some circles mainly Şeyhülislam Hasan Fehmi Efendi (d.1298/1881) and for this reason Ahmet Cevdet Pasa (d.1895) was dismissed from the ministry of Divan al-Ahkâm al-Adliyyah and the chairman of the Majalla Commission.When the asbāb al-mūjibas of contrary articles to rājiḥ opinions are examined, it is seen that maṣlaḥa and customs are determinative in these preferences. It is also seen that the preferences of some jurists are also mentioned as a reason of preference. The most widespread preference’s reason in Hanafī sources is in congruity with the texts. On the contrary, it is noteworthy that, besides the interdiction of extravagant (safih), it is not operated as a preference’s reason in Majalla.Some preferences of the Majalla Commission were intervened by other institutions. The chapters prepared by the commission were examined both by Majlis-i Wukalā and Mashihat, and these chapters were subject to some revisions at this time. Here, two articles prepared on the basis of the non-preferred opinion were intervened by Majlis-i Wukalā. The first of these is 216th article that written in the direction of opinion of Mashāyikh Balkh, which argues that it is permissible to sell separately ḥaqq al-murūr (the right of passage) and ḥaqq al-shirb (water right), the second is the 611th article which regulates the liability to damage of ajīr al-mushtarak (joint salaried employee).When the content of Kitāb al-Buyū, the first and the most voluminous book of Majalla, is examined in terms of the intra-school preference, it is seen that the rājiḥ opinions in the school are generally taken as basis. It is stated that in the asbāb al-mūjiba of the Kitāb al-Buyūʿ the four issues are prepared basing on the non-preferred opinion and these preferences are justified with custom and maṣlaḥa. However, the contrary articles to the rājiḥ opinion in the Kitāb al-Buyūʿ are not limited to these. According to our research, in addition to these, three articles were prepared with the preference of non-preferred opinion. These are the 118th article regarding that the bayʻ bi-l-wafā is permissible in chattels, 165th article on the definition of al-ghabn al-faḥiş (lesion), and the 309th article concerning the provision of the khiyār al-sharṭ (right of cancellation). These three articles show that the regulations contrary to the rājiḥ opinion in Majalla are not just those explained in the asbāb al-mūjiba and this situation is contrary to the method that is followed when preparing the Majalla.In some controversial issues in the Hanafi School, authorized jurists to preference (asḥāb al-tarjīh) disagreed over which opinion is rājiḥ. It wasn’t explained that how a method would be followed in Majalla when the legal arrangements were made in these matters. When these issues are examined, it can be said that the preferences of the majority, the providing of convenience and the preference by some jurists are effective.Preferences in Majalla have not been occurred only among the sharʻī (related to Islamic Law) provisions. In addition, the definitions and the inscription in the definitions are also the subject of preference. In this context, the preferences related to the definition of the sales contract, the suspended contract (al-ʻaqd al-maqqūf) and the al-ghabn al-faḥiş in Kitāb al-Buyūʿ can be mentioned as an example.Some controversial issues in the Hanafi School are not regulated in Majalla. When considering the multiplicity of controversial issues and therefore the difficulty of making legal arrangements to cover all of them, this situation is natural. Moreover, some of these issues may not have been regulated in Majalla because they are not frequent and necessary. However, it is not possible to explain all the controversial issues that have not been regulated for these reasons. Because some of the controversial issues that have not been legislated are basic, relatively important issues and they are included in the mukhtaṣars. This indicates that when preparing the Majalla, instead of making preference on some controversial issues, the method of non-regulation of these matters is adopted. It can be said that this method is applied as a way of creating law text which is clear of controversy. Thus, the determining of the rājiḥ opinion in these matters has been left to the judges. This situation is not suitable to meet the need of determining the rājiḥ opinion, which is the goal of Majalla. But it is the result of the difficulty of making a law that encompasses all legal issues. (shrink)

Sagānî's Mashāriq al-Anwār is one of the most used sources about the science of hadith in the Ottoman Empire. This work reinforced its authority with the commentaries of Ibn Melek and Ekmeleddin Bāberti. Many studies have been done about Mashāriq and its commentaries in the Ottoman Empire. Most of them are in manuscript form, and some do not even have introductory information. One of these works, about which there is no study, is Darwīsh Ali's Anwār a'l-Mashāriq. The work is a (...) voluminous hāshiya written about the commentaries of Ibn Malak and Bābartī together with Mashāriq al-Anwār. Studies attribute this work to Ali Dede el-Bosnawi (d. 1007-1598). However, this ratio needs to be corrected. One of the questions of this article is whether Darwīsh Ali b. Muhammad, who is stated as the author of the book, and Ali Dede al-Bosnawi are the same person. The answer to this question has been researched as a result of comparing information obtained from the different copies of the work and the points where Ali Dede's life overlaps and does not over-lap. Although Ali Dede lived in Bosnia, Zigetvar, Istanbul, Mecca, and Medina, there is no information that he lived in Aleppo. However, our author Darwīsh Ali clearly states that he was a mufti in Aleppo in the introduction of some of his copies. The author also talks about a period when he was in the Husrev Pasha madrasah. Even though Gazi Husrev Pasha madrasah in Bosnia comes to mind when Husrev Pasha madrasah is mentioned, there is also a madrasah with this name in Aleppo. It is known that Darwīsh Ali, who was a mufti in Aleppo, has a history book called Hulāsa al-Tawārīh. In different copies of Anwār al-Mashāriq, Ahmed Pasha Madrasa in Karahisar is mentioned as the place where his work was written. What is meant here may be the Gedik Ahmed Pasha madrasah in Afyonkarahisar or the Ahmed Pasha madrasah in Tekirdag Çorlu. It is difficult to identify the author from the information used in the hashiya. Because the features such as the use of poetry and Persian, a good knowledge of hadith, and knowledge of Sufism in the book can point to both authors. (shrink)

Among the Muslims the most common sect is Ḥanafī. It is mentioned in the Ḥanafī sect that there are a line of students who transfer the principles of the sect from generation to generation. In order for the Islamic conquests that started simultaneously in the Eastern and Western lands to be permanent, people were sent to teach Islamic morality, worship and fiqh that encompass daily life. From the 2nd century (A.H.) the sectarianization process that started in the centers such as (...) Kufa, Medina and Damascus has naturally spread to the geography of the West. Many jurists who were educated in the madrasas in the East transferred this education to the newly conquered lands in the West, thus contributing to the fact that sectarianization began in the East and West at the same time. During this period, the views of many mujtahids, including Abū Ḥanīfa and his students, began to enter this geography again through his students. In this article, the most important person who introduced the Ḥanafī sect in the Andalusian region and transferred Abu Ḥanifa's ijtihads, ʿAbdallāh Ibn Farrūkh's life, his scientific personality, his contributions to the spread of the sect and the reasons for the Ḥanafī sect to find supporters in the region will be followed by a short course and the history of the sect will be tried to uncover in the history of Andalusia.Summary: Among the Muslims the most common sect is Ḥanafī. It is not a coincidence that the Ḥanafī sect spread more than other sects and found supporters. Abū Ḥanīfa (d. 150/767) is the most senior among the imams of four leading sects. He experienced about commercial and everyday life, had loyal students. This is because he discussed with his students before deciding on a ruling.Islamic conquests in the east and west started at the same time. Experts teaching Islamic morality were sent to conquered places. In this way, both morality and Islamic law, which encompasses worship and daily life, were also taught. Since the implementation of justice was considered as the main duty of the state, legal affairs were dynamic and systematically organized. For this purpose, both in the Medina and the newly conquered lands, various issues such as, management, use, distribution, non-muslim marriage, trade and so on emerged. These issues were carried out with the "kadi" establishment, which is like today's ministry of justice.In the Hijri 2nd century, Fiqh schools produced practical solutions to matters of process and worship in centers such as, Iraq, Medina and Damascus. These schools completed the sectarianization process after a century. Many Islamic jurists who took madrasah education in the east taught these training in the west. They pioneered the development of this sectarianization process both in the east and the west at the same time.The Islamic jurisprudence solved the problems that emerged with the conquest process that began in Andalusia, primarily through the independent jurisprudence, kadi and muftis in the region. After 710 A.C., the Ḥanafī sect reached Andalusia. After the death of Abū Ḥanīfa, Abu Yusuf became the chief justice. Later, the views of Abū Ḥanīfa gained importance. Abu Yusuf appointed the judges who knew the Ḥanafī sect. Abū Ḥanīfa's students, like a gold mine, embraced the views of their teachers. These jurisprudences were adopted by the supporters. Imam Muhammad was the first to write the case law of Abū Ḥanīfa. The views and thoughts of Abū Ḥanīfa, which were published by Imam Muhammad, spread throughout Iraq, Damascus, Iran and Khorasan. Later these thoughts reached North Africa that was under the control of Aghlabid (A.C. 800-909).In the same era, ʿAbdallāh b. Farrūkh passed to the way 6500 km to learn western sciences. The purpose of Farrūkh is to write the views of his teacher, Abū Ḥanīfa. In this way, he returned to Andalusia by writing ten thousand subjects. Beginning from 767 A.C., Ḥanafī sect gradually began to form in this region. He served as a judge voluntarily, although he did not serve as the official judge. Therefore, it contributed greatly to the spread of this sect in the west. The Mālikī sect, which due to from the animosity of Umayyad (A.C. 661-750) and Abbasids (A.C. 750-1258), came to the forefront. Abdullah b. Ferrûh was not as famous as the other disciples of Abū Ḥanīfa.Although Ḥanafīism spread in the west, it was in the foreground in the eastern geographies. Scholars such as Qadi Ayyad (d. 544/1149), Ibn Farḥūn (d. 799/1397), Muhammad Abū Zahra (d. 1974) and Hintātī state that this sect was effective for a short time in the west. On the other hand, Maqdisī (d. 380/999) states that Ḥanafī existed in Andalusia until the second half of the third century A.C. and was at least as widespread as Mālikīism. Orientalist Lévi Provençal (d. 1956) says that Ḥanafī sect did not reach to Andalusia. However, it can be understood from the above statements that this view is not real. In addition, according to the student hierarchy described in the article, it is understood that the Ḥanafī sect maintained its existence in this region for a while. In Andalusia, the views of the sect from the 8th to the 13th centuries known, recognized and followed by experts and the public. Because this sect was not official, its books were not in demand. For this reason, the basic works belonging to the sect were not reproduced.It is not true that the Ḥanafī sect never came to Andalusia or did not stay for a long time. ʿAbdallāh b. Farrūkh, who studied at Abū Ḥanīfa for 5 years, introduced Ḥanafī sect in Andalusia. Then his students continued this teaching. In this study, the life, mastery and students of ʿAbdallāh b. Farrūkh, who made important contributions for the first time in teaching Ḥanafīsm's to Andalusia, have been brought together. This information is summarized in terms of Ḥanafīsm's entry into Andalusia, the reasons for acceptance in social life and the duration of the sect in the region. (shrink)

The 1703 rebellion, known as the ‚Event of Edirne‘ or as the ‚Event of Feyżullāh Efendi‘, challenged the Ottoman state. It resulted in the killing of the Grand Mufti Feyżullāh Efendi, who had been despised by various insurgent groups at the court for his nepotism, the deposition of the ruling sultan Muṣṭafā II, and the ascension of his brother Aḥmed III to the throne. In his treatise ‚Feyżullāh Efendi Vaḳʿası‘, the court chronicler Muṣṭafā Naʿīmā Efendi addresses the ruler and (...) important dignitaries with his description of this event. As it was the contemporary custom, the treatise bears strong didactic features. Naʿīmā relied on astrological interpretations in order to explain the cause of the rebellion. This kind of narrative is a particular feature of Naʿīmā‘s modus operandi, on which this article will focus. It examines how Naʿīmā, in his role as the official historiographer, applies this explanation by use of narrative elements, and goes on to examine the institutional significance of astrology in the context of Ottoman court culture. It is obvious that Naʿīmā perceived the rebellion as an experience of contingency. According to his analysis, however, the 1703 rebellion was not the inevitable outcome of mismanagement at court, but could rather have been foreseen years ago by means of astrological calculations. Based on this reasoning, the historiographer was able to provide Ottoman rule with the required continuity, i.e. its legitimization. (shrink)

: The corpus of fatwa named as Bostānu Shaqā’iq al-Nuʿmān, recorded in the Veliyuddin Efendi section under the number 1414 at Beyazıd State Library. It has been ignored so far. Because of its name, it may be thought that it is a part of Tashkoprulüzāde’s book Shaḳā’iḳ-i Nuʿmāniyya, but it is a nuqullu fatwa collection of Babakūshī ʿAbdurrahmān Efendi. In the famous Shaqā’iq appendix Atā’ī, which gives information about the biography of Abdurrahmān Efendi does not mention the book with this (...) name. Abdurrahman Efendi who was from a family in Plovdiv region worked in different positions in Istanbul and Edirne. Then, he was appointed as a mufti to Kefe, Crimea. He died in 983/1576. There is no information about his scholarly identity in ‛Aṭā‛ī except being the intern of Abū l-Suʿūd Efendi. In this essay, first of all, the place of Babakūshī in Ottoman Islamic Law tradition will be determined, and the features of the manuscripts and some notes on the postscript will be studied. In assessment section, especially because of the notes on the manuscripts, it has to be studied in terms of Islamic Law literature and its place should be figured out in fatwa literature. Summary: Nuqullu Fatwa collections that included citations were the books that were created for people to have access to the ruling on legal issues of scholars who were appointed as Muslim judges or muftis together with their sources and background. Although there are several studies in the literature about fatwa collections with citations Babakūshī ʿAbd al-Raḥmān Efendi's book titled Bostânu Shaqā'iḳ al-Nuʿmān was not included in the literature. ‛Aṭā‛ī provides information about the life of Babakūshī Abdurrahman Efendi. Atâ'î explains that he climbed the stairs with the help of Baba Efendi and joined the special group of people with aptitude at the level of apprenticeship. Then he raised also to the level of being the intern of Abū l-Suʿūd Efendi. Later, Babakūshī ʿAbd al-Raḥmān started to teach. He taught as a teacher for three years in Istanbul and then became the Mufti of Kefe replacing Molla Akmal al-Dīn. Molla Ekmeleddin, who was better known as Ekmel Efendi, just like ʿAbd al-Raḥmān Efendi, was an apprentice of Abū l-Suʿūd Efendi and would later be transferred to Cyprus after the island was conquered. According to Aṭā‛ī, ʿAbd al-Raḥmān Efendi remained in that position which he was appointed as Ṣahn teacher until his death and died in Zilqāda 983/February 1576. The highest position that Babakūshī took among the religious scholars organization in the Ottoman Empire was being the Mufti of Kefe. As stated by ‛Aṭā‛ī, he was appointed as the Mufti of Kefe with the title of Ṣahn teacher. Instead of giving information about his teachers, ‛Aṭā‛ī mostly concentrated on Baba Efendi who was one of his relatives. Therefore we do not have information about his mentors/teachers. We can say that he belonged to the Ottoman school of scholars since he was an apprentice of Abū l-Suʿūd Efendi. The copy which is the subject matter of this study is registered as Veliyüddin Efendi with number 1414 at Bāyezıd State Library. According to our research, the copy which has 237 sheets is the only copy of the book. From the expressions of Babakūshī in the preface, it is concluded that the book was written close to his death. There are several notes written with different pens as footnotes of the book. Here, four of them which are considered to be more important will be identified.First: Notes written with the same pen as the main text. These are generally citations from books such as Tatarkhāniyye, Hidāya, ‛İnâya, Kashf al-Asrâr Sharḥu Manār.Second: are 'maṭlabs' i.e. important matters. Third: are relatively inelaborate notes. These were written by someone who we thought was not a copyist/calligrapher when compared with the general style of the book. Fourth: Warning notes which included some questions. These are generally in Turkish. The preface of the book, provides sufficient information about who the author was and the nature of the book. ʿAbd al-Raḥmān Efendi, with the intention of writing a collection, started to research taking into account imams' and shaykhs' nāsikh and mensūkh and he also considered sheikhs' explanations about what was definite and what needed caution and taqwa in practice. He recorded that this search lasted for 3 years and he referred especially to Fatāwa-yi Qādikhān and Fatāwa-yı Tatarkhāniyya within this period and additionally reviewed and studied Islamic Law books that he found in the Ottoman Empire. He described that he divided these into chapters and inserted subject matters in the footnotes. Then he described how he gave the title, Bostānu Shaqā'iḳ al-Nuʿmān to the book emphasizing especially bostan.This could be seen in the expression, Masīratan li'l-Qudāt. No reference was made to Shaqā'iḳ al-Nuʿmān in the title of the book. Probably he had his intentions due to the famous book titled Şeḳ' āiḳ-i Nuʿmaniye and his pupils). In the chapter which started with Fasl right after the preface the author said that fatwa would be issued based on the opinions of three imams, namely Abū Ḥanīfa, Abu Yūsuf and Imām Muhammed that their madhap was followed and their good morals were observed. Then, it was stated that the Mufti could issue fatwas according to the opinions of first, Abū Ḥanīfa, then Abu Yūsuf and finally Imam Muḥammed. It was also stated that if he could not find their opinions and had himself muctehid, he could give his ictihad. The Fatwa collection, Bostān, is an important work among the 16th century Ottoman books since it is an important scholar's book who had witnessed Islamic knowledge in the central Ottoman Empire and Crimean region. (shrink)

Islamic legal historiography has dealt extensively with questions of continuity and change, as epitomized by the relationship between ijtihād and taqlīd. This paper offers a new conceptualization of the ijtihād–taqlīd modes of law-making in the Sunni legal tradition. I argue that the institutional transformation from ijtihād to taqlīd required that jurists transform the views of the founding authorities of the schools over the course of the eleventh through thirteenth centuries. They achieved this by stratifying legal knowledge in their typologies of (...) muftis and judges in ways that had not been envisioned earlier, justifying their typologies by invoking tropes of decline and the extinction of mujtahids. This longue-durée view will shed light on the institutional significance of the taqlīdification of Islamic law, where legal security and stability were privileged over judicial discretion. (shrink)

In this article, the views of Yusuf al-Qaradawi (d. 2022) on the change of the fatwa are discussed. Other issues of the fatwa method are generally excluded from the scope. At the point of solving new problems, the change of the fatwa is important. The aim of the study is to reveal al-Qaradawi's contribution to the issue of changing the fatwa. In this study, in which the qualitative research method was used, thematic reading was made. As it is known, scholars (...) have adopted the idea that the provisions open to ijtihad can be changed. According to al-Qaradawi, there is even a consensus on this. Likewise, there is a consensus that the final provisions are not subject to change. al-Qaradawi mentioned that independent ijtihad activities should continue. Because only in this way can fiqh remain alive and dynamic. Therefore, it can solve new problems. Therefore, the idea that the door of ijtihad is closed cannot be accepted. On the other hand, scholars should take into account the ancient jurisprudence. It should contribute to this information by adding or correcting it. The principles that allow the change of the fatwa are four in the form of time, place, situation and custom. al-Qaradawi stated that he added six new elements to these. These are as follows: The change of information, the change of people's needs, the change of people's power and possibilities, umumu'l-balwa, the change of social, economic and political conditions, the change of opinion and idea. The author has reached these six elements as a result of a deep research. Muftis should take these factors into consideration when issuing a fatwa. Because the maslahah of the servants and the principle of convenience require this. (shrink)

Grown up as versatile people, Ottoman intellectuals had holistic views towards science, art and literature, and wrote in a variety of disciplines. It was not uncommon for a mathematician to write in philosophy, for a ḥadīth (report of the words and deeds of the Prophet) scholar to write history books, for a statesman to be busy with calligraphy or for a Shaykh al-Islām (the highest ranking Islamic legal authority) to have a “Dīwān” (a collection of poems). However, possibly due to (...) specialization-based scientific understanding of modern researchers, one side of these people generally came to the fore and some capabilities of them remained unknown. Grown up in Istanbul, capital town of Ottoman Empire, in late 16th and early 17th centuries, Okchuzāde Mehmed Shāhī was also one of these personalities called “hezār-fan” (polymath). Mehmed Shāhī served in top level offices of the State, was busy with art and literature, and became known for inshāʾ (composition) kind of works written with elaborate prose. Mehmed Shāhī earned a deserved fame with these capabilities and he was also a poet. Indeed, due to poems he wrote in his early ages, he was noticed by some biography writers about poets and his poems were mentioned in some anthologies. In addition to poetry anthologies, he had some classical works, and some couplets, quatrains and verses included in his prose works. In the present study, a collection and evaluation of poems by Mehmed Shāhī were presented.Summary: Ottoman statesman Okchuzāde Mehmed Shāhī was born in 1562 AD (970 AH) in Istanbul. He was son of Okchuzāde Mehmed Pasha (d. 995 AH/1587 AD) and served as Kātib (scribe), Defterdār (treasurer), Reīs-ul-kuttāb (chief of the scribes), Governor General of Cyprus and Aleppo. His real name was Mehmed, but he was mentioned in different sources by names such as Mehmed Bey, Mehmed Shāh, Mehmed Shāhī, Mir Mehmed Shāhī and Okchuzāde Mehmed Shāhī. Starting at a young age, he was well educated in madrasah (college). With his vibrant character and superior genius, he came to the forefront among his peers. He was educated under the supervision of Māʿlūlzāde Nakīb Efendi (d. 993 AH/1585 AD) and graduated in 988 AH/1580 AD at the age of 18. When Nakīb Efendi became Shaykh al-Islām in the same year, he started his official duty as Dīwān-ı Humāyūn (imperial council) secretary. With the duty of Executive Assistant, he became the secretary of Damad İbrahim Pasha who started to his office in 1004 AH/1596 AD. He worked under the patronage of the Pasha until Pasha’s death in 1010 AH/1601 AD. Mehmed Shāhī succeeded Musa Chelebi as Reīs-ul-kuttāb and Basdefterdar (chief treasurer) in 1005 AH/1596 AD, and was appointed as title deed and cadastre director in 1006 AH/1597 AD. However, he was dismissed from this duty and was included among the officials to join military campaign. He was prosecuted and tried for imprisonment for the accusation of coming to Istanbul without permission. He succeeded Hamza Pasha as Nishanci (high-ranking bureaucrat) in 1007 AH/1599 AD and was assigned to military campaign. Mehmed Shāhī was dismissed from his duty in 1008 AH/1600 AD. Although he was reappointed to his duty in the same year, he was dismissed again in 1010 AH/1601 AD. While Hamza Pasha was reappointed to his office, Mehmed Shāhī was not assigned to any duty. He succeeded Murad Efendi as the Defterdar of Egypt in 1013 AH/1605 AD. After this duty, one of the vassal Sanjak (administrative district) Beyliks (principalities) in Egypt was given to him. When vassal Sanjak Beyliks were abolished by Kara Mehmed Pasha, Beylerbeyi (governor) of Egypt, in 1016 AH/1608 AD, he returned to Istanbul. He was not appointed to an office for a long time. In 1029 AH/1620 AD, he was appointed as title deed and cadastre director in 1029 AH/1620 AD, and became Nishanci again in 1030 AH/1621 AD. He served in military campaign to Poland, but was dismissed from this duty during the campaign. He was appointed as Nishanci for the fifth time during the second reign of Sultan Mustafa (1622-1623). He was dismissed in 1033 AH/1624 AD and retired. In early 1039 AH/1630 AD, he died at the age of 69 in Istanbul. His tomb is near Ekmekchioghlu tomb in the vicinity of Sunbul Efendi.What is known about his family is limited to his son named Vakʿi Ahmed Efendi (d. 1060 AH/1650 AD). Ahmet Efendi learned Naskh, Thuluth and tevkīʿi types of calligraphy styles from his father. He served as anthology writer for Shaykh al-Islām Bahāī Efendi. He died in 1060 AH/1650 AD when he was serving as teacher in Sulaymaniyah Madrasah. His tomb is around Shaykh Vefa tomb.In addition to his administrative duties, Mehmed Shāhī was also interested in poetry, prose, calligraphy, mysticism, ḥadīth and tafsīr (exegesis). Possibly also due to his dismissal of duties many times in his life, he produced many works. Among them are Aḥsan al-ḥadīth, an-Naẓm al-mubīn fī āyāt al-erbaʿīn, al-Maqām al-Maḥmūd, Tarjuma-i Tuḥfa as-ṣalavāt, Jāmiʿ al-ghāyāt, Mukhtār al-akhyār, Qānūn-i Jadīd-i Arāḍi, Munsheat ve Dīwān. Famed for his prose works, the author was also a poet. With his couplets which he wrote under pseudonym of Zaynī, he managed to get on the anthology of Kınalızāde at his twenties. He was celebrated with the expression of “Arrow of word from his bow of soul has reached the target of approval from masters; he is at a young age (at his twenties)”. Subsequently adopting pseudonym of Shāhī, the poet had some poems published within the works of Beyānī, Nevʿizāde and Mustaqimzāde as well as within his own prose works. Mustaqimzāde even mentioned that Mehmed Shāhī had a dīwān. Nevertheless, this work of him has not been found yet. A total of 30 poetry works of Mehmed Shāhī were found in various sources, except for his translations of 40 ḥadīth and 40 Qur’ān verses written in poetry. Of his 30 poetry works, 26 were written in Turkish and 4 in Persian. Various sections of ʿarūḍ (meter) were used in these works written as couplets, quatrains and verses. It could be stated that his poems rich in Persian and Arabic words had a rich rhyme frame. In his poetry works in which religious, literary, historical, legendary and mysticism themes were worked, concepts and figures such as Allah, the Lord, Messiah, Messenger, Risālet (messengership), intercession, Kāfūr al-Ikhshīdī (966-968), Mustaʿsim (d. 656 AH/1258 AD), Ibn Alkamī (d. 656 AH/1258 AD), Naṣīr-i Tūsī (d. 672 AH/1274 AD), Jamshīd, Keyumars, Uftade, Hudāyī, Majūsī, Kizilbash, Bayramī and muftī (jurist capable of giving a formal legal opinion). His poems were about intercession demand from the Messenger (PBUH), sin of serving to Persian, importance of an invention, praise of Uftade Sultan (d. 988 AH/1580 AD), effect of prayer, fate of administrator favoring his relatives, futility of envying the rich, importance of fighting with Zoroastrian, benefits of exhibition of sorrow, value of skillful people, resembling of the world to a bride with a thousand grooms, beauty of eloquence, ignominy of leaving chastity for lust, asking for forgiveness for sins, talent of understanding the words, not giving quarter to enemies, praise of Hz.ʿUmar, humbleness, value of lack of worldly things, sufferance due to the beauty of the beautiful, needing not to wonder why the beloved one is far away, evil of protecting the snot, richness of Arabic language, deeds of Anatolian fāḍils (virtuous), importance of endeavor in succeeding the closeness to God and respectability of ʿAzīz Maḥmūd Hudāyī (d. 1038 AH/1628 AD). Okchuzāde Mehmed Shāhī was an Ottoman statesman who also earned a well-deserved fame for his works written in inshāʾ (composition) genre of elaborate prose. In addition, he also had poetry works. Praised for the poems which he wrote in his early ages by anthology writers who included his poems in their anthologies, the poet also had some couplets and quatrains scattered among his own prose works. His poems in the form of couplets and quatrains within abovementioned works mostly were about religious, literary, legendary, historical and mysticism themes.Mehmed Shāhī was knowledgeable in tafsīr, ḥadīth, mysticism and calligraphy, and had good levels of Arabic and Persian. Writing poems in Persian, Mehmed Shāhī was decorated his prose works with Arabic expressions such as Qur’ān verses, ḥadīths and proverbs. It could be stated that such decorations made the language of his poems more difficult. Nevertheless, his poems are plainer and easier compared to his prose works. The poet who also had lyrical poems generally preferred ḥikamī (sapiential) style and wrote genres such as munacaat (prayer to God), shafaatnāme (intercession epistles), historical quatrain, medhiye (panegyric) and hicviye (epigram). His poems in anthologies were lyrical, those in Aḥsan al-ḥadīth and an-Naẓm al-mubīn were didactical and those in Munsheat were epic. Based on an evaluation of these poems, it could be stated that he was a poet with a style, though not a poet of first class. (shrink)

El trabajo expone, analiza, y evalúa los datos de una nueva fuente sobre las visiones jurídicas de los ‛ulamā’ con respecto al estatuto islámico de las comunidades islámicas bajo dominio cristiano en la Península Ibérica desde el siglo XII hasta el siglo XVI. Se trata de una fetua desconocida e inédita del sabio andalusí Ibn Rabī‛ y fetuas desconocidas de los principales cadíes de los cuatro madhabs sunníes en El Cairo hacia 1510 A.D. Muy probablemente, hay que relacionar la primera (...) fetua con los acontecimientos en Murcia tras la sublevación mudejar de 1265 y la reconquista cristiana de la ciudad en 1266. El muftí subraya que los musulmanes que viven bajo dominio cristiano están imperativamente obligados a emigrar a territorio islámico. Los principales cadíes de los cuatro madhabs sunníes en El Cairo al principio del siglo XVI, sin embargo, defienden un modo de ver mucho más pragmático. Probablemente, las preguntas fueron planteadas por mudejares de Valencia, que estaban en El Cairo camino de la peregrinación. Finalmente, los autores plantean que hay que distinguir dos tipos coexistentes de visiones con respecto al estatuto del Islam bajo dominio cristiano en la Península Ibérica desde principios del siglo xii; una visión pragmática, equivalente a un reconocimiento de facto del Islam bajo dominio cristiano, y una visión «de rechazo», que asume la obligación de emigrar de la España cristiana a Dār al-Islām. El impacto variable de estas visiones jurídicas merece un estudio más profundo dentro del ambiente histórico de las complejas y cambiantes relaciones políticas entre Islam y Cristiandad en esa época. (shrink)

The contribution of the generation of Tâbi’un in the formation of Islamic sciences in general and in the development of hadith in particular is known. Various studies have been done on the quality of this contribution. Being a part of such an aim is among the targets of this study as well. Not to conducted any work on the hadithism of especially Abdullah b. Abbas' student and after him Atâ ibn Abi Rabah who the most famous teacher of the Mecca (...) school was another encouraging reason. While examining the life and scientific personality of Ata who was one of the early personalities, it has been tried to reach some results with the information obtained from the sources from the first period, especially the fatwa and rumors belonging to him. Atâ who was leading an observable, active political life, lived in the intellectual and social turmoil that emerged in the early period. Atâ who drawing attention with his educator personality, added his own experiences to the scientific heritage he received from the companions in the first instance Ibn Abbas, and had been passed it on to the next generations. Being a fatwa authority in Makkah mufti and pilgrimage organizations for many years is one of his important experiences. In addition to being well-known for his devotion to the Sunnah, he has been taken place between those known among the generation of Tâbi’un with his fatwa and ijtihad. Ata, who is a critical hadith reciter, is accepted as the absolute authority in the hadith. The fact that he was one of the first to make talfiq in the hadith shows that he knew the diversity of the sources he reported and the many tarikh of the narrations. He wrote narrations and encouraged writing of hadith. He contributed to the development of hadith terms with some of the hadith concepts he used and drew attention with the abundance of mursal hadiths. (shrink)

Zakat is a monetary form of religious worship that establishes a bridge between a rich and a poor, helps those who are in need and contributes to peace and tranquillity within a society. When zakat is collected properly under a government control and transmitted to those who deserve, it helped to decrease the gap between the poor and the rich, supported activities of social solidarity and revived the economy as well. Malaysia after its independence in 1957 has developed an interest (...) in Islamic practices by drawing attention to a distinctive practice with the public zakat system. Even though a national- central system of zakat could not be established due to the federal structure of the country, the collection and distribution of zakat has been centralized on a state level. Parts of the practice are being criticized, reviewed and new regulations are introduced. Unlike Malaysia, the zakat practice in Turkey is out of state control, thus it hinders zakat from achieving its real purpose. There is a need to make use of the well-functioning zakat systems around the world and establish a public zakat system in our country so that we can make the most of the benefits that zakat has for individuals and societies. This article aims to be a step in that direction. -/- SUMMARY Zakat is one of the main forms of worship and is at the same time one of the main sources for the state budget in Islam. It aims at making sure that the rich –those with higher wealth and income– protects the poor and the powerless and through this it contributes to the peace in the society. In the Islamic creed wealth in reality belongs to Allah; therefore, those who live an affluent life should not attribute their wealth to themselves alone and help those who, for whatever reason, are unable to meet their needs. Because there is a social dimension to this form of worship, it is the duty of the head of state to collect the zakat and distribute it to the right people. Historically this duty has taken different forms and today, many Muslim countries sustain this collection and redistribution under state supervision. Malaysia is a country where zakat is collected and distributed officially at the state level. In each state, there is an Islamic council responsible for taking care of activities related to Islam and is semi-independent from the government that organizes the zakat process. Some of these do the collection and distribution together, some do it separately. In some states, the process has been totally privatized. Constitutionally, each state is dependent on its own sultan in religious affairs, thus each has its own mufti and partially different zakat practices and eac collect and distributes its zakat within that state. Because religious affairs have been codified as the privilege of the sultans of each state in the constitution during Malaysia’s foundation, there is no attempt at centralizing religious affairs and a centralization of zakat practices; the establishment of an institution to achieve this is not possible. Moreover, the secular character of the federation does not seem yet compatible with making zakat obligatory. However, due to the dominant Shafi‘i tradition and the convention in the country, people see it as imperative to hand over the charity and tithe to state institutions. Furthermore, there are local fatwas – which are considered as legal regulations in Malaysia – that require people with an income over a certain amount to pay zakat. Those who have the most are expected to give it voluntarily. In the 19th century, when wealth sources such as palm oil, cacao, rubber, tin were discovered, Malaysian officials were not able to extend the tithe to these; however, in the last twenty-five years, based on fatwas that income should be taxable under zakat has led to a boom in zakat. In all states, the largest portion of zakat is collected through income, usually automatically deducted from payroll. An influential factor in this outcome is that individually paid zakat can be deducted from income tax. From 2005 on, there have been other regulations to make it possible for legal personalities to deduct zakat from taxes. To increase zakat payment, especially publications have been produced to inform and encourage people, and modern opportunities to make payment easy have been developed. The most often used method is direct deduction from payroll. The second most common method is payment through zakat machines in different parts of the city by cash, check, Islamic credit card and, debit card. In addition to these, online, internet banking, telephone banking, ATM machines, post offices, kiosk machines, sms-zakat options are all available. The distribution of zakat differs from year to year and state to state. In general, there is an observable effort to pay all groups from zakat, but because there are no slaves in some states no payment is done under this category. There are both direct transfers and indirect transfers, such as through the construction of houses for poor people. There have been cases where poor people who had projects were supported with funds and those later returned in zakat. There is support for students in terms of scholarships through fuqarā’, fī sabīl allāh and ibn al-sabīl classes. For the muallafa al-qulūb class, there is a foundation to encourage local people to convert to Islam and help them for food, shelter, clothes and education. For Muslims who suffer as minorities in other countries help is provided through the riqāb, muallafa al-qulūb, fī sabīl allāh and ibn al-sabīl classes. In the ghārimīn class, especially victims of natural disasters such as flood and earthquake are supported. For those who have a right to receive zakat be able to receive it, the state has to side with the powerless and help zakat fulfill its social and individual functions. The way zakat is spent requires state policy and will. For this reason, zakat should be institutionalized and all activities should be organized by a single institution with state power behind it. Determining the recipients and the zakat-payers, and using the funds efficiently is easier with the coordination of state institutions. Extensive zakat councils that include state institutions should consider the ijtihāds in the area of zakat anew and make decisions to create a just and consistent zakat system. For these decisions to be applicable, the question of what kind of a system could be founded in our country should be on the agenda in these councils. Once an institution – official or autonomous but with state power behind it- is created, solutions can be found as they arise in the way. (shrink)

Court (Shar’iyya) recordings are at the forefront of primary written sources, which contain important documents related to Turkish history, sociology and culture. The court records shed light on city history of the period concerned with rich information and documents. These records are important books in which the documents related to the judicial, administrative, economic, architectural and social structure of a city as well as diplomatic correspondence between the center and the province were recorded. The purpose of this study is to (...) prepare a detailed catalog in addition to the catalog which was made in 1963 and contained only 119 books specifying only the dates covered by the book number. As we have seen in this study, all of the 119 notebooks in the records do not consist of the court registers in the known form. They are the books that include the records of court proceedings, which are different from those of the court, especially after the Tanzimat e.g. Qassam, Enkiha, Zabt al-Da’wa, Permission and so on. The microfilms of the books were presented to the service of researchers in Sivas Ziya Bey Library of Ancient Works. The originals of the books are in the Prime Ministry State Archives.SummaryShar’iyyaregisters are one of the primary written sources about Turkish history, sociology, and culture relevant to our life. Registry records shed light on the history of city in the relevant period by containing rich information and documents. They are important notebooks, which are related to the judicial, administrative, economic, architectural and social structure of a city, and also in the form of diplomatic correspondence between the central and provincial posts.After the Anatolian Selçuk (Saljūq) State, which collapsed under the pressure and domination of the Iranian Mongols in the last half of the XIIIth century, a state was established in the Selçuk-Byzantine border in the north-west of Anatolia in XIVth century, which did not even lasted a hundred years and had a reign in three continents. In the Bursa inscription, which dated to 1337/8, the second Ottoman Sultan (Sulṭān) Orhan was titled as the mujahedeen (warrior), the sultan of the veterans, son of veteran of veteran. The fact that Orhan carring these titles shows that since the earliest times, the Ottoman sultans considered themselves as the leader of the religious war against the infidels. Since the first years of the establishment of the Ottoman State, the Sharīʿa ruled on the establishment of administration and for this reason, they established institution of the Shaykh al-Islām(the chief juristconsult). Firstly, by appointing a subaşı(subashi, an Ottoman gubernatorial title) to the conquered places, then it gradually began to establish judicial courts from the smallest areas.In the XVth century, the number of qāḍī increased in parallel with the increase in their jurisdiction as a result of the expansion of the Ottoman Empire, and the proliferation of the administrative units called sancak, (sanjaq, division of a province) and so the failure of oneqāḍīto satisfy court affairs of an entire sanjaq. New districts arose from some of the former large districts. As a result of this in the XVIth century, the administrative system of the sanjaq's Tımar system and at the same time a geographical integrity of the districts/provinces to see the legal work of a qāḍī to pass by the districts and sub-district as a legal caused to occur two legal definitions that is legal and military administrative. Records of qāḍīs, which is called as sicilemerged because it was their duty to record their works and orders issued to them and the answers and the provisions given to them.The courts of Shar’iyyaserved as primary general courts (maḥākim-i ʿumūmiye) until the declaration of the Tanẓīmāt in the Ottoman Empire and heard the suit at legal, criminal, administrative, military, financial and all kinds of cases. Tanẓīmāt period, or rather Maḥmūd II and the period following him, the judicial organs in terms of reorganization was a circuit that was on the scene.In this way, which was occurred in the judicial system, records which were kept in the Meşihat (Mashīkhat) began to diversify depending on this change. Since in the registry books, which we call classical, all correspondence between the central and provincial offices were recorded. Records such as pleas, letters of patent, verdicts, order of the high, bonds etc. could be found in these documents.These records, which are one of the most important sources of an Ottoman city history, were kept in the museums and libraries of the cities until recently. A few years ago, these records, with a correct decision, were collected in the Prime Ministry Ottoman Archives and it was preserved and presented to the use of researchers by transferring them into digital. The Sivas Court building as it is known in history is now in the Pāshābeg quarter and known as the Court Bazaar in these days. There is no clear information about when the court was built in Sivas. In time, changes have occurred in cities and we are losing the historical side of them. In addition, the fact that people acted in an unconscious manner that would harm the historical texture was the biggest factor in disappearance of material remains. With the remaining physical materials available, we can only access crumb information and we can only make predictions. In this evaluation, the biggest materials are the documents and notebooks, which are the memory of city dates. However, it is understood from the records that there is a foundation belonging to this court and some of the court's repair and maintenance works were carried out by this foundation. As it is understood from a document dated 14 August 1798, one of the repairs was sponsored by Ḥüseyin Efendī. In an inscription dated 1906, which was found during the renovation of the basement of an apartment building owned by the General Directorate of Foundations in May 2018, the location of the building was previously known as the Sivas Muftī 's Office.In this study, a total of 240 registry books belonging to Sivas were prepared as in a catalog system. In this study, we have seen that a great deal of records have been lost, burnt or destroyed in a certain way through history. The burn marks in the records of 79 is a striking example in this regard. The book number 139, which is not shown in Osman Ersoy's work, is a record book in classical form. An important case in this study is that the register number 206, which is registered to Sivas, belongs to the province of Burdur and it is also a registry book in classical form. This book covers the dates of 18 M. 1248/23 N.1250 - 1832-1835. (shrink)

With the addition of the 4-6 age group to the service areas of the Presidency of Religious Affairs(PRA), the activities in this area have increased rapidly over the years. This program, which is in high demand throughout the country, needs to be evaluated in many aspects, such as the implementation process and the achievement of its goals. In this context, the aim of the study evaluation in line with the instructive views of the PRA 4-6 Ages Groub Qur’an Courses Curriculum, (...) a scale has been tried to be developed in order to determine the current situation in the field and provide data for the revision activities to be carried out to make the program more efficcient. The PRA 4-6 Ages Group curriculum evaluation scale consists of 30 questions and 4 factors. While preparing the scale questions, the stages (context, input, process, product) of Stufflebeam's CIPP model, which is one of the curriculum evaluation models, were based on, and the questions were determined based on the curriculum outcomes. This study is a descriptive study, it was utilized in the study scanning desing from quantitative methods. The research data were obtained by applying to 480 instructors working in the 4-6 Ages Groub Qur’an Courses affiliated to the Mufti of İstanbul during the 2019-2020 academic year. The result obtained by exploratory factor analysis was tested and confirmed by confirmatory factor analysis and as a result of the analyzes made, it was concluded that the scale is a valid and reliable tool. (shrink)

Islamic environmentalism is an intellectual movement whose representatives discuss contemporary environmental problems in the language of Islamic theology. This field includes Shariah-based environmental law, environmental activism, and environmental philosophy. This article is an overview of the genealogy of this philosophical trend: key names will be listed and their contributions to the development of this movement will be analyzed. For example, the legacy of Sayyid Hossein Nasr, considered the founding father of Islamic environmentalism, will be examined in detail. The religious and (...) ethical program of this philosophical movement will be analyzed in detail. The categorical apparatus to which Islamic eco-activists, philosophers, and ulema turned as the Islamic environmental agenda expanded will also be examined, such as how the concepts of khalifa, hima, and misan were conceptualized. Philosophers whose writings we will turn to include Iraqi philosopher and jurist Mawil Izzi Dien, British eco-activist Fazlun Khalid, Egyptian Grand Mufti Ali Jumaa, and representatives of so-called “Western Islam” Ziauddin Sardar and Tariq Ramadan. The example of Indonesia will be used to examine how Islamic eco-theology has formed the basis of a multilevel environmental policy. The thesis of the fundamental contradiction underlying Islamic environm entalism is put forward. On the one hand, this movement in its present form genetically dates back to the European protest movements of the 1960s and 70s, which opposed the culture of mass consumption, impersonal materialism, and overproduction. On the other hand, an equally important part of the rhetoric of a number of Islamic modernists, including on ecology, is the emphasis on the break with Western neoliberal values. The special role of social media in the promotion of Islamic eco-activism is noted separately. (shrink)

The ArgumentMuslims share with others both the interest in and the concern about genetic engineering. Naturally their reactions and views stem from general Islamic dogma and from Islamic medical ethics, but they are not unaware of Western scientific data. Particularly relevant is the Islamic religious prohibition against “changing what Allah has created.” Muslim muftis try to offer practical solutions for individuals. Islamic law is concerned about maintaining pure lineage. Consanguineous matings are very common, but induced abortions are usually ruled out. (...) Cloning has reawakened among Muslims an old debate over the positive as well as hazardous aspects of genetic engineering. (shrink)

In an era when lies and misrepresentations about historical events easily become firmly rooted, Michael Sells's discussion illustrates the importance of careful historical research as a moral enterprise. In addition to the skills of the historian, however, there is also room in this enterprise for those of the ethicist. In particular, I warn against confusing the truth or falsity of claims about one narrow historical period with larger questions about the moral meaning and significance of those claims. Illustrating this, I (...) argue one cannot assess the legitimacy of competing nationhood claims solely on the basis of the deeds of specific actors. Nor should the actions of a single individual like the Grand Mufti of Jerusalem be converted into a totalizing claim about the rights of the Palestinian people. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Enlightenment in the Colony: The Jewish Question and the Crisis of Postcolonial CultureSpencer Hawkins (bio)Mufti, Aamir. Enlightenment in the Colony: The Jewish Question and the Crisis of Postcolonial Culture. Princeton UP, NJ: Princeton, 2007. xv + 325 pp.Mufti’s comparison of the Jewish question and the Indian Partition invites readers to join building projects that delineate and then endanger minorities within nations. Literature about minorities speaks a (...) language deliberately distant from the national one. Minority status has little to do with population numbers for Aamir Mufti; instead it signifies [End Page 61] tential victimization through disproportional rights, since “minority is always potentially exile” (Mufti 13). This definition of minority suits his two examples—Jews in Germany and Muslims in India—since in the twentieth century both fledgling nations adopted forms of nationalism that regarded the lives of these minorities as contaminants to the purity of the emergent national body. The prologue catalogues the brutality in India that prompted Mufti to write this book. Among the horrors listed were the destruction of Babri Mosque at Ayodhya in 1992 and the videotaped gang rapes of Muslim women that became a widespread form of entertainment in India. While Mufti reads violence toward minorities as correlative with the rise of nationstates, he considers similarities and differences between nation building in the West and in the subcontinent. In both cases, the new establishment of political equality for citizens came along with the desire to pare down the number of officially recognized citizens. Muslim and Jewish minorities migrated to “minority” nations in the collapsing British Empire, in present-day Pakistan and Israel, respectively, during the respective formations of India and Germany. By founding nations on formerly British-occupied territory, minorities potentially would enjoy the role of nationalist majorities. This solution strikes Mufti as spreading the nationalist contagion onto the minority.The whole book lets literature mark broad cultural attitudes and phenomena. The first chapter observes incipient Jewish nationalism in a work by a British author, Daniel Deronda by George Eliot, who spent time in Germany and grew fascinated with the Jewish question while abroad. Her Britishness reinforces a pattern in Mufti’s schema: British powers facilitate the rise of nationalism among minorities in India and in Germany. Daniel Deronda comes at the tail end of a long discourse on Jews’ relation to Europe. The first of Mufti’s cases within canonical literature is the hope for tolerance and a dialogue of cultures, which G. E. Lessing allegorizes through a drama about Saladin, the Muslim sultan of Egypt and Syria, who learns to trust the eponymous Jewish merchant in Nathan the Wise. “Muslim” stands in for “Christian” since Nathan’s alienation is allegorical for the alienation of Jews in Lutheran Germany. Heinrich Heine weighs in on the advantages to assimilation in this period with his fragmentary novel The Rabbi from Bacherach, where religiously raised Jewish children feel comforted when they hear the Tale of the Nibelungen from Father Rhein, the personification of a river that figures generally for German national myth and, in Heine’s story, as a possible source of comfort for partially assimilated minorities. If we read literature as a barometer of cultural pressures, then the appeal of assimilation for European Jews declines in the late colonial nineteenth century when George Eliot inscribed religion into the “secular” discourse of national citizenship.Since the Israeli state is outside of the range of his argument, we leave the Jewish Question with George Eliot’s philo-Semitism in Daniel Deronda, where the only hope for European Jews is to become a nation and to occupy the Palestinian territory. Mufti compares the concerns of early Zionism and Pakistani nationalism side by side in chapter 2. Pakistani issues dominate chapters 3 to 5. In chapter 2, he launches the comparison with the parallel between Hebrew’s development as a national language to identify [End Page 62] Jews secularly and culturally, not just religiously, and Urdu’s transition from a vernacular language to a national language with the secular goal of creating a Pakistani culture freed from Hindi’s erstwhile predominance. When he depicts language choice as mimetic of specific cultural trends, Mufti indicates the shape of... (shrink)