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)

In the formation of the acquis of the science of fiqh, many scientific figures have been associated with the methods of the Imams of the sect and their views, which are passed on to the next generations. In the history of the Ḥanafī mad̲h̲hab, there are many scholars whose works, views or just their names have survived. The views of the scholars who are at the forefront of this work can be accessed through their works. The opinions of some (...) scholars who did not have works, or whose works have not survived, can be found in the jurisprudential corpus of other scholars. Unfortunately, there are many scholars whose works and opinions have not survived, and only their names are mentioned. This study focuses on the Ḥanafī jurist al-Baqqālī (d. 452/1060), whose scholarly personality, position in jurisprudence and works have not survived to the present day, although his name is mentioned in fiqh literature. The article analyses various sources and evidence for the identification of al-Baqqālī. The main argument of the article was clarified by examining fiqh books, which are among the authoritative sources of the Ḥanafī fiqh corpus, rather than works of ṭabaḳat, and by scanning digital resources. The determination and presentation of the scholarly personality of al-Baqqālī and his jurisprudential views are the distinctive feature of this article. Baqqālī was recognised as an influential jurist within the Ḥanafī fiqh tradition and was considered one of the mashāʼịḵẖ (eminent jurists). However, detailed information about him could not be found. However, considering the available evidence, it is proven that al-Baqqālī, who stands out with the attribution of al-Baqqālī, is not al-Baqqālī whose views are consulted in the Ḥanafī mad̲h̲hab and among the possibilities that arise, the views that predominate in the identification of al-Baqqālī's identity are given. For this reason, it is emphasised that Baqqālī is a figure that requires further research and study. It is emphasised that this article can contribute to the understanding of the Ḥanafī fiqh tradition. Baqqālī's jurisprudential views on some matters of worship and transaction reflect important debates. Although al-Baqqālī adhered to the basic principles of the Ḥanafī mad̲h̲hab, he occasionally developed original ijtihād against the general views of the imams or the mad̲h̲hab. Baqqālī's original jurisprudence and jurisprudential views occupy an important place in the sect's literature. He was particularly influential in matters of fatwa and left his views to later jurists. Such a study aims to solve a scholarly problem in the fields of the history of science and the history of fiqh. Clarifying the identities and specialisms of those involved can help to ensure historical and scientific clarity. The purpose of this article is to contribute to the accumulation of historical and scientific knowledge by seeking to learn more about this issue and to reduce uncertainties. (shrink)

: The medieval Karaite grammarian and exegete Abū l-Faraj Hārūn b. al-Faraj was a broad reader of the literature available in Arabic, in a variety of genres. Earlier studies have demonstrated that in his grammatical works on the Hebrew language, Hārūn adapted discussions from well-known compositions focused on Arabic and the Qurʾān. The following examination of Hārūn’s treatment of the subject of biblical majāz, non-literal language, aims to show that in constructing his sophisticated and innovative discussion of the topic, (...) the Karaite scholar read widely – and adapted creatively – incorporating the methods of a variety of genres in Arabic, including uṣūl al-naḥw, uṣūl al-fiqh and even iʿjāz al-Qurʾān and combining them together with earlier Jewish and Karaite scholarly tradition to produce what seems to be the first comprehensive discussion of non-literal language in Judeo-Arabic. (shrink)

From past to present, women's access to social life and their preoccupation with science has been a problematic issue in all societies. Hz. Mohammad gave importance to the woman, who was worthless in the period of ignorance, in a way that it is not possible to come across her husband in the rest of the world, and gave them access to social life, mosques and scientific assemblies. However, since the period of the Companions, women's access to mosques and scientific assemblies (...) was increasingly restricted due to the dominant character of the Arab society and the poor understanding of the Prophet's message by some segments. Since the third century Hijri, the acceptance of women as the cause of strife, the society's view of women, the responsibilities placed on women in the family have further restricted women's access to knowledge and education in fiqh. The effect of Jewish literature, Greek philosophers, and logicians' view of women on Muslim scholars has reinforced this situation. Although women did not fall behind in learning fiqh thanks to their individual efforts and the men who were involved in fiqh in their families, they remained in the background in writing books and scientific studies. Throughout the Hanafi history, Asma bint Esad b. Furât, Kasani's wife Fatima bint Mohammad and İbn al-Saati Muzaffar al-Din Ahmad b. Ali's daughter Fatima al-Saati stands out. (shrink)

Oriental scholars discuss the concept of corporate personalitywithout any reference to Islamic law. A leading proponent of this view isJoseph Schacht; a western scholar of jurisprudence who contended that Islamicjurisprudence is limited to individual personality and devoid of corporate laws,hence, contractual agreements between corporations has no basis in Islamiclaw. Several scholars and researcher have responded with sufficient literatureon the status of an artificial person in Islamic law, but there are still issues withthe legal implication of corporate personality in the event (...) of financial distress.This study aims to explore Islamic threshold on fundamental principles ofcorporate personalities and its contemporary applications in the situation offinancial trouble. The study will employ the analytical approach in describingthe essential characteristics of a corporation as inherent in Islamic law throughinterpolation from the natural person and the possibility of adapting the existingconventional bankruptcy laws. This study employs an analytical approach to Islamic literature and regular related works. The study found out that eventhough the concept of financial distress has basis in Islamic law, it remainscomplicated as it entails insolvency, bankruptcy and interdiction in a debtorcreditorrelationship. Overall, further efforts need to be done to put theseconcepts into contemporary and applicable perspectives without violatingIslamic fundamental principle of justice and fair dealings. (shrink)

The law of responsibility (compensation), which was formed around the concept of the ḍamān and was developed by the scholars within the system of furû‘ al-fiqh (substantive law) over time, constitutes one of the important parts of Islamic law. Although compensation law (ḍamān) was not addressed as a private subject in the first period fiqh literature, it is seen that the literature on this specific area started to emerge after the early period. It is the Hanafi (...) jurists who first brought together these issues that are scattered in the classical books of fiqh that are related to the law of responsibility. Compensation law took its classical form in the texts of the early periods and was shaped around the views of the founding imams of the Ḥanafī school (madhab). It has later been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Hanafi in the type of waqi'at works. These works were a product of the need for the law to adapt to the new conditions. These issues, which are related to the compensation law in the Hanafi school have been covered as a special section (chapter) in the studies that are classified as waqi'at, such as Usrūshanī’s al-Fuṣūl fī al-muʿāmalat (Fuṣūl al-Usrūshanī), ʿImād al-Dīn al-Marginānī’s Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn’s Jāmiʿal-Fuṣūlāyn. Later, the topics discussed in these works were developed and continued, and ultimately separate works related to this field have been copyrighted. In this study, the kinds of development and expansion which are in the literature and related subjects will be discussed by examining the above-mentioned works. Therefore; first of all, the first examples of Hanafi jurists related the compensation will be analysed comparatively. Afterwards, the place of ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah of Fuḍayl Chalābī (d. 991/1583), one of the Zenbillizade’s, will be addressed.Summary: The core idea of the law of responsibility, which constitutes one of the important parts of Islamic law, was stated in the Qur'an and Hadith, and then have accumulated by the contributions of the jurists (fuqaha), as they developed the idea of the law of responsibility within the furû‘ al-fiqh in relation to the systematic of the legal school (madhab) that they belonged to.These issues, which constitute one of the important parts of the law, were addressed by sprinkling among the topics in almost every part of classical fiqh books. In other words, the subject of ḍamān (responsibility) was not considered as a separate subject in the fiqh works of the first period. In this way, it is seen that the literature on compensation law started to emerge in the following periods, and at first several independent sections on this subject, and then separate works specific to this field, albeit limited in number, were written.It is the Ḥanafī jurists who first brought together these issues that are scattered in the classical fiqh books related to the law of responsibility. Compensation law, which took its classical form in the texts from early periods, shaped around the views of the pioneering imams of the Ḥanafī school, has been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Ḥanafī in the waqi'at works, which is a product of the need for the law to adapt to new conditions. Firstly, one of the Ḥanafī jurists, Majd al-Dīn al-Usrūshanī (d. 637/1240) dealt with the responsibilities arising from the contract and unfair acts in the 29th section of his book named al-Fuṣūl fī al-muʿāmalat under the title “Types of Compensation Required to be Paid and Their Situation”. The method and system that Usrūshanī started in this work, the Ḥanafī jurisits ʿImād al-Dīn al-Marginānī in the Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn Ibn Qāḍī Samāwnā in the Jāmiʿ al-Fuṣūlāyn continued to develop the compensation section in their books. Afterwards Fuḍayl Chalābī (d. 991/1583), one of the members of Zenbillizade’s family, enriched these issues and made it an individual work, named ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah. Marginānī titled the issues that Usrūshanī had handled in the compensation section and systemised it even more by gathering the fatwās on the related issues under one heading. It is noteworthy to mention that when the compensation sections of both works are compared, the way the subjects handled are exactly the same. But unlike Usrūshanī, Marginānī added the compensation for damages to the fetus in the womb and the responsibility of the person who brought back the fleeing slave at the end of the chapter. On the other hand, unlike them, Shaykh Badr al-Dīn added only the responsibility of the person who found the lost item. Considering that almost all of the topics in the compensation section of Sheikh Badr al-Dīn existed exactly in the compensation section of Marginānī, and that most of them were stated in Usrūshanī’s al-Fuṣūl, it is necessary to say that all of these discussions are based on Usrūshanī as the main backbone of this particular subject and that his work has a unique place in the Islamic legal literature. Chalābī’s ad-Ḍamānāt, is the first work that was written as a separate book in the field of compensation law. Even though in some modern works claim that the work Ghānim al-Baghdādī’s (d. 1030/1620) book named Majma‘ al-ḍamānāt fī madhhab al-Imām al-A'zam Abī Ḥanīfa al-Nu'mān was the first written book in this field; it is known that Chalābī's ad-Ḍamānāt had been written before Baghdādī’s Majma‘ al-ḍamānāt. As a matter of fact, the work of Chalābī had been completed in 984 Hijra, and the Baghdādī’s Majma‘ al-ḍamānāt was completed in 1027 Hijra. Although the subject sequence in Baghdādī’s work is different; this work is regarded as a continuation of the same tradition.An examination of the systematic and the content of the work reveals that Chalabi’s ad-Ḍamānāt is the continuation of the type of writing that Usrūshanī started and developed by Marginānī and Shaykh Badr al-Dīn. When compared with the compensation sections of these works before him, Chalābī has added new compensation issues to his book that are not addressed in these three works; such as partnership, mudaraba, suretyship (kafāla) transfer (ḥawāla), peace, legal disability (hajr), freedom of trade (idhn) and testament. Among the works mentioned above, works out of Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn and Baghdādī’s Majma‘ al-ḍamānāt are available as manuscripts in the libraries. Therefore, these works have not been used much in modern studies on compensation. In addition, the Chalābī's ad-Ḍamānāt is almost unknown. Although there is little information about this work in some bibliographic studies, it is noteworthy to state that this work is not used as a source in contemporary studies written in Arabic on compensation law. The fact that this work is available as manuscripts in Istanbul libraries is probably the reason for this outcome. It is also very difficult to say that this work is known and used sufficiently in studies written in Turkish.Usrūshanī’s al-Fuṣūl fī al-muʿāmalat and Marginānī’s Fuṣūl al-iḥkām are currently in the form of manuscripts, so there is no comprehensive study on the whole work and the compensation section. It is possible to see the compensation issues discussed in the work, since Shaykh Badr al-Dīn’s Jāmiʿ al-Fuṣūlāyn, which has been published as printed, was translated into Turkish by an editorial group under the presidency of H. Yunus Apaydın. In addition, Kemal Yıldız, who translated the compensation section in this translation, published this section in Jāmiʿal-Fuṣūlāyn as a separate book with the name of “Sources of the Jāmiʿ al-Fuṣūlāyn and Compensation in the Practice of Ḥanafī School”. Yıldız, first introduced the sources of the Jāmiʿ al-Fuṣūlāyn in the first part of this work and then translated the compensation section from beginning to end by adding his own explanations and evaluations around the subject during the second part. Even though some introductory information about the books of Usrūshanī and Marginānī is presented in Yıldız’s study, the absence of information on the contents of the compensation sections of these books does not allow the opportunity for the researchers to evaluate on the subject wholly. (shrink)

It is widely acknowledged that two methods of writing have emerged in the history of usūl literature: Juristic method (usūl al-fuqahā) and theological method (usūl al-mutakallimīn). Although there are some attempts to determine the typical features of these methods, we do not have a comprehensive explanation regarding the criteria of this distinction, the motivation behind it and the period when these methods have become prevalent. This paper aims to shed light to certain dimensions of the issue and focuses especially (...) on the impact of juristic disputations and khilāfiyāt on the emergence of juristic method. The discussions about the sources and methods of religious knowledge were a significant part of the heated intellectual debates in the early period of Islamic scholarships. These discussions made by scholars interested in theological matters in kalām context were the matters of usūl, which would have turned into a separate discipline thereafter. The aforementioned period also witnessed Hanafīs completing the first fiqh compilation by recording the body of masā’il in fiqh that they had developed and codified. Hanafīs then involved in the methodological discussions of theologians in the context of justifying their juristic views. The tradition of scholarly discussion that had widely contributed to the earlier period took a new dimension by the introduction of jadal to the Islamic world. First theologians and later jurists adopted the method of jadal in their debates and scholarly works. By the 4th and 5th centuries AH, fiqh became popular more than ever and promoted the juristic disputations in such a way that those disputations turned into a common and significant performance among Islamic intellectuals. Meanwhile, the khilaf genre, in which the disputed juristic matters have been discussed and justified, improved in those centuries as well. Consequently, a new method of usūl writing, namely the method of fuqahā, which can be applied in the justification of the masā’il and in juristic disputations, emerged. Thus, the first and most typical work of that method, Taqwīm al-Adilla by Dabūsī, perfectly addressed the needs of the disputation tradition in the era, by including many chapters that could be regarded as related to the substantial law and many examples from substantial law, by treating the jadal topics in qiyas and ‘illa chapters in detail and by avoiding the speculative theological disputes. Later, the method developed by Dabūsī attracted attention and many jurisprudents wrote usūl works adopting the method before the end of 5th century AH. Especially the usūl work of Bazdawī served as a model for the later Hanafī usūl literature. However, the juristic method lost its popularity when the Islamic scholarships fell under the influence of philosophy and logic after al-Gazālī and al-Rāzī. Jadal and ‘ilm al-bahth wa’l-munāzara have been treated under the discipline of logic afterwards. Nevertheless, even after the evolution of the usūl perspective, some Hanafīs still wrote usūl works by juristic method and some of them, despite adopting the new philosophical perspective, referred to the usūl of Bazdawī in their “mamzūj” (combined) usūl works. (shrink)

El sarcasmo que se manifiesta hacia los representantes de las profesiones intelectuales es un fenómeno patente en los períodos 'abbasí y buyí. Aunque los eruditos de la gramática árabe fueran clásica el blanco especial de tales burlas en la literatura de ese período, también se encuentran en las fuentes muchas anécdotas e historietas en las que se hace burla de otros estudios y actividades intelectuales y religiosas, así como de los que las ejercen. La lista incluye disciplinas tales como el (...) estudio del hadíth, varias ramas del fiqh, etc. En este artículo se analiza el contenido irónico de los chistes y versos y se identifica el elemento común en la mayoría de estos textos en el hecho de que se hace burla, casi siempre, del esnobismo de los doctos demasiado pedantes y solemnes, contra los cuales "triunfa" lo alegre, sensato y realista. En conclusión, se ofrece una interpretación de estos chistes y alusiones en los textos literarios en el contexto de los enormes cambios sociales del período 'abbasí: parece razonable suponer que se refleja aquí un nuevo tipo de cultura literaria, urbana, altamente civilizada y frívola, para lo cual no bastaba ya con imitar modelos de expresión, vida y cultura anteriores y más solemnes, sino que buscaba manifestarse con mayor libertad tanto en la literatura como en otros ámbitos de la vida cultural. Todo este cambio cultural, empero, parece haber sucedido dentro de la clase educada y élite, de forma que no se debe suponer que estos textos representen la voz de las clases bajas en la literatura. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 10.2 (2000) 175-188 [Access article in PDF] Scope Note 38 Bioethics Resources on the Web * Once described as an "enormous used book store with volumes stacked on shelves and tables and overflowing onto the floor" (Pool, Robert. 1994. Turning an Info-Glut into a Library. Science 266 (7 October): 20-22, p. 20), Internet resources now receive numerous levels of organization, from basic directory listings (...) to elaborate "links" (cross-references to other Internet documents) that flash and glow in the dark. In many ways, the Internet functions as a direct extension of the traditional library. Following linked references across various sites is an electronic version of browsing library stacks, and the serendipitous discoveries made while "surfing the Net" recall the wonders of physically going "book-to-book." Although many of the Internet's best aspects augment library strengths by eliminating physical distance from sources, Net resources pose unique problems for researchers. It is not always clear who is responsible for the content of Web documents, when the document was produced, or how often (if ever) it is updated. Internet resource tools, then, must enable researchers to identify appropriate resources and to evaluate what they find when they get there. Web Research as Taking "Snapshots" Given the Internet's visual nature and fluid content, the process of conducting research on the Web has been likened to taking an informal picture of information on a specific date at a particular time. This metaphor also conveys the "zoom-in" aspect of searching through Web pages by going from general to specific categories. In the first section of this Scope Note, National Reference Center for Bioethics Literature (NRCBL) staff present a snapshot of bioethics resources taken during the spring months of 2000. Entries are divided into the categories of directories, electronic journals, full-text documents, news/current awareness, and teaching resources. In the two subsequent sections, this series of categories is repeated for entries on a specific topic within bioethics-genetics-and again for general search and evaluation tools. Where a Web site may contain pages applicable [End Page 175] to more than one category, multiple entries are made for that site with appropriate information for each category.Much as telecommunication advances have strengthened the relationship of patients and providers as partners, the dynamic nature of the Internet acknowledges that the researcher functions as a librarian whenever accessing the Web. It is our hope that BIOETHICSLINE and the other NRCBL databases not only will enable researchers to search the Web more efficiently, but also will help them to evaluate what they find when they get there. Bioethicsline on the Web: An International Plan in Progress Once only available through libraries, the U.S. National Library of Medicine (NLM), the funding agency for the ongoing development of the BIOETHICS LINE® database from the Kennedy Institute, has provided free Web access to that database of 63,000 citations since September 1998 through Internet Grateful Med. Plans are now underway to eliminate such specialty databases and incorporate all citations into PubMed (for journal articles) or LOCATORplus (for book-like materials and chapters in books). Both of these databases are likewise available at no cost on the Web. In the transition to PubMed and LOCATORplus some features of BIOETHICSLINE that presently are available may be lost. Researchers are encouraged to contact the National Reference Center for Bioethics Literature with search requests or for search strategy assistance with either the current or the future system ([email protected]).The inclusion of bioethics citations in PubMed and LOCATORplus will have several advantages. First, unique keywords from the Bioethics Thesaurus will be considered for inclusion in Medical Subject Headings (MeSH), the indexing vocabulary for PubMed and LOCATORplus, thereby enhancing retrieval of relevant clinical literature by offering more precise terminology covering ethical issues. Second, it will be easier to identify foreign-language materials, which are not currently included in the scope of BIOETHICSLINE. Third, the updating schedule will become more frequent. On the other hand, there may be some loss of searching precision because certain specialized features... (shrink)

Objective Apeiron was founded in 1966 and has developed into one of the oldest and most distinguished journals dedicated to the study of ancient philosophy, ancient science, and, in particular, of problems that concern both fields. Apeiron is committed to publishing high-quality research papers in these areas of ancient Greco-Roman intellectual history; it also welcomes submission of articles dealing with the reception of ancient philosophical and scientific ideas in the later western tradition. The journal appears quarterly. Articles are peer-reviewed on (...) a double-blind basis. Topics ancient philosophy ancient science reception of ancient philosophical and scientific ideas in the later western tradition Article formats Original Articles. (shrink)

Journal Name: Semiotica Issue: Ahead of print.

: 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)

In Culture, Genre, and Literary Vocation, Michael Davitt Bell charts the important and often overlooked connection between literary culture and authors' careers. Bell's influential essays on nineteenth-century American writers—originally written for such landmark projects as The Columbia Literary History of the United States and The Cambridge History of American Literature—are gathered here with a major new essay on Richard Wright. Throughout, Bell revisits issues of genre with an eye toward the unexpected details of authors' lives, and invites us to (...) reconsider the hidden functions that terms such as "romanticism" and "realism" served for authors and their critics. Whether tracing the demands of the market or the expectations of readers, Bell examines the intimate relationship between literary production and culture; each essay closely links the milieu in which American writers worked with the trajectory of their storied careers. (shrink)

This book analyses the use of the crucial concept of 'taste' in the works of five major seventeenth-century French authors, Méré, Saint Evremond, La Rochefoucauld, La Bruyère and Boileau. It combines close readings of important texts with a thoroughgoing political analysis of seventeenth-century French society in terms of class and gender. Dr Moriarty shows that far from being timeless and universal, the term 'taste' is culture-specific, shifting according to the needs of a writer and his social group. The notion of (...) 'taste' not only helped to shape a new dominant culture, but also registered the conflicts within that culture between a view of taste that presupposted the values of 'polite society' as an exclusive (though not necessarily aristocratic) group, and a view that stressed the value of the classical-humanist tradition as a source of standards ratified by a broader public. this study sheds light not only on the central concept, but also on the individual authors discussed and on the norms of French classical literature in general. (shrink)

Examines interrelated topics in Medieval and Renaissance Latin literature: the status of women as writers, the status of women as rhetorical figures, and the status of women in society from the fifth to the early seventeenth century.

Richly illustrated study drawing on art, literature and science to explore Victorian attitudes towards sight.

An examination of the rise in prestige of the Bible as a literary and aesthetic model during the late eighteenth century.

Enthält: Gesichtspunkte zur Beurteilung von Wissenschaftsbegriffen / von Gerhard Funke. Kriterien zur Beurteilung der Naturwissenschaften / von Erhard Scheibe.

Disturbed by these acrimonious arguments, the authors - former colleagues and university-press board members - embarked on an ambitious project to reexamine a number of major literary and philosophical works dealing with the liberal arts and education. With their discussions ranging from Plato to Rousseau, from Cicero to Vico, from Erasmus to Matthew Arnold, Sousa and Weinsheimer offer not a history of education philosophy but an examination of the present.

"Kevin Hart and Geoffrey H. Hartman bring together essays by prominent scholars from a range of disciplines to focus on Blanchot's diverse concerns: literature, art, community, politics, ethics, spirituality, and the Holocaust."--Jacket.

The narration of tashahhud being a conversation between Allah, the Prophet and the angels is quite common among people. This article examines the authenticity of this narration and questions whether it has an informative value. In this context, the research undertaken in Hadith, Siyar, Tafsīr and Fiqh sources resulted that the narration was not stated in the hadith books -with sanad (the chain of narrators) or without sanad. The first and only summary version of the script was included in (...) the commentary of Thaʿlebī (d. 427/1035), which has very problematic sanads. The first narration without sanad but having a full text (matn) was narrated by Qurṭubī (d. 671/1273). It appears that various commentators of hadith, fuqahāʾ (expert in Islamic jurisprudence), mufassirs (commentators on the Qur’ān) and historians followed Thaʿlabî and Qurṭubī by narrating from them. In fact, these group of scholars did not specify a sanad for the narration but they usually used tamrīd forms (a form which shows that the hadith is weak or deficient), which suggests that they also did not convinced that the narrarion was makbūl (accepted). On the other hand, the fact that this narration did not accompany authentic (ṣaḥīḥ) hadiths on the emergence of tashahhud narrated by hadith scholars, such as Bukhārī, Muslim, Abū Dāwūd, Nasāʾī and Ibn Mājah, which also indicates another problem with this narration. Summary: The narration on the emergence of the prophetic prayer that is called tashahhud in the fiqh literature as it includes the word shahadah (testimony) and known as “al-tahiyyat” and “tahiyyat” is constantly transmitted among people. According to this narration, the Prophet (pbuh) praised Allāh by saying “al-taḥiyyātu lillāhi wa-al-salawātu wa-al-ṭayyibāt” on the night of Miʿrāj when he met Allāh. Our Lord responded to him by saying “al-salāmu ʿalayka ayyuhan-Nabiyyu wa-raḥmatullāhi wa-barakātuhu”. The honorable Prophet also included his ummah in this prayer by saying “al-salāmu ʿalayna wa-ʿalā ʿibād Allāh al-ṣāliḥīn” and the Gabriel (and/or angel community) who witnessed this greeting said “ashhadu an lā illāha illallāh wa-ashhadu anna Muḥammadan ʿabduhu wa-rasūluhu.”This article examines the authenticty of the narration and whether it has an informative value. The findings of the research undertaken in hadith, siyar, tafsir and fiqh sources suggests that the narration was not included in any hadith books with sanad or without sanad. The first and only narration with sanad is found in Thaʿlabī’s tafsīr titled al-Kasfh wa-al-bayān. However, it is a summary version of the narration and its sanads are very problematic. In this tafsīr, Thaʿlabī combines two different chains of narrators in one text. The sanads of these two narrations combined by Thaʿlabī as follows:1. Sanad: Zuhrī → Ibn Salimah b. ʿAbd al-Raḥmān → Jābir b. ʿAbdullāh → Prophet (pbuh).2. Sanad: Suddī → Muḥammad b. al-Sāib → Bāzān → Ibn ʿAbbās → Prophet (pbuh).The identity of Ibn Salimah mentioned in the first sanad is disputed. The rijāl (literally; men, refers to knowledge of men/narrators) scholars, such as Ibn Abī Ḥātim stated that he is a man whose memory is corrupted in his old age. In the second sanad there are three dhaʽīf (weak) narrators, namely Suddī, Muḥammad b. al-Sāib and Bāzān. Ibn Abī Ḥātim stated that some parts of Kalbī’s (Muḥammad b. al-Sāib) narration with ṭarīkh (synonym of sanad) of Bāzān from Ibn ʿAbbās was fabricated. Moreover, Thaʿlabī who narrated these two sanads in his tafsīr was accused of being conveying fabricated narrations in his books.As far as we can ascertain, Qurṭubī narrated the first narration of this story without sanad and without referring to a source. However, he narrated the full version of the text. Similarly this narration was also transmitted by Suhaylī and ʿAlī al-Qārī without sanad and a reference but they transmitted it by seperating into two slightly different texts. According to Suhaylī’s text in al-Ravḍ al-Unuf, angels stated “al-salāmu ʿalayka ayyuhan-Nabiyyu wa-raḥmatallāhi wa-barakātuhu” not Allāh. According to ʿAlī al-Qārī’s text in Sharḥ al-Shifa, when Allāh Said “al-salāmu ʿalayka ayyuhan-Nabiyyu wa-raḥmatallāhi wa-barakātuhu”, the Prophet (pbuh) responded by saying: “Allāhumma anta al-Salām wa-minka al-Salām wa-ilayka yarjiuʿ al-Salām, al-Salām alaynā wa-alā ibād Allāh al-sālihīn.” It is clear that there are disputes about the contents of some sentences as well as their subjects in the text of Tashahhud’s narration.The full text and summary versions of this narrarion can be found in tafsīr books, such as Rāzī's Mafātiḥ al-ghayb, Samarqandī's Baḥr al-ʿulūm and Bursavī's Rūḥ al-bayān; in fiqh books, such as Bābartī's al-ʿInâyah, Ḥaddād's al-Javharah al-nayyirah, ʿAynī’s al-Bināyah, Molla Khusraw’s Durar al-ḥukkām, Jamal’s Futūḥāt al-Wahhāb and Bujayramī’s al-Tajrīd; and in various hadith commentaries and in some siyar books. The authors of these books did not mention sanads of their narrations and they usually used tamrīd forms. This suggests that they also did not consider this narration as authentic. On the other hand, the fact that all narrations transmitted in these books are not compatible with those authentic (ṣaḥīḥ) hadiths about the emergence of tashahhud, which were reported by muhaddiths, such as Bukhārī, Muslim, Abū Dāwūd, Nasāī and Ibn Mājah. This also indicates another problem with this narration. The authentic hadiths on the issue as follows: 1. Bukhārī→Musaddad→Yaḥyā→Aʿmash→Shaqīq→Ibn Masʿūd: He said:When we prayed with the Messenger of Allāh (pbuh), we used to say: “Peace (al-Salām) be upon Allāh, peace be upon Jibrīl, peace be upon Mikāʿīl.” The Messenger of Allāh (pbuh) said: “Do not say: Peace (al-Salām) be upon Allāh, for Allāh is al-Salām.” Rather say: “al-taḥiyyātu lillāhi wa-al-salawātu wa-al-ṭayyibāt, al-salāmu ʿalayka ayyuhan-Nabiyyu wa-raḥmatallāhi wa-barakātuhu. Al-salāmu ʿalayna wa-ʿalā ʿibād Allāh al-ṣāliḥīn, ashhadu an lā ilāha illallāh wa-ashhadu anna Muḥammadan ʿabduhu wa-rasūluhu (Allāh compliments, prayers and pure words are due to Allāh. Peace be upon you, O Prophet, and the mercy of Allāh and his blessings. Peace be upon us and upon the righteous slaves of Allāh. I bear witness that none has the right to be worshipped except Allāh and I bear witness that Muḥammad is His slave and Messenger.”2. Bukhārī→Abū Nuaym→Sayf→Mucāhid→Abū Maʿmar ʿAbdullāh b. Saḥbarah→Ibn Masʿūd: He said:Allāh’s Messenger (pbuh) taught me Tashahhud as he taught me a sūrah (chapter) from the Qur’ān, while my hand was between his hands. (Tashahhud was): “All the best compliments and the prayers and the good things are for Allāh. Peace and Allāh’s Mercy and Blessings be on you, O Prophet! Peace be on us and on the pious slaves of Allāh, I testify that none has the right to be worshipped but Allāh, and I also testify that Muhammad is Allāh’s slave and His Apostle.” (We used to recite this in the prayer) during the lifetime of the Prophet (pbuh), but when he had died, we used to say: “Peace be on the Prophet.”As a result, it is unlikely that the Prophet (pbuh) did not touch upon the relationship between the Miʿrāj and the Tashahhud while teaching it. It is also unlikely that his companions who narrated this occasion did not mention about this important detail although they had such knowledge. Indeed, hadith scholars did not include the narrations that associated tashahhud with the Miʿrāj but they reported two other aforementioned narrations on the emergence of the Tashahhud in their books, which raises doubts over the authenticity of the relevant narration in question. (shrink)

States in northern Nigeria are the latest in a list of political entities around the world formalizing religious law, or institutionalizing Shari'ah, into their public law system. Shari'ah applies in many Muslim-majority countries in the realm of personal law. However, when it is expanded and made to apply as part of public law, it carries enormous constitutional implications. This article examines the institutionalization of Shari'ah in twelve northern states of Nigeria in year 2000 and the likely implications on the constitutionally (...) guaranteed rights of non-Muslim minorities in those states. Muslims' objection to the methodology of human rights discourse stems mostly from the need to maintain integrity of the family, safeguard the interests of the community in addition to those of the individual, and preserve religious belief as manifested in ritual and in daily life. The author argues that the core issue in preserving Muslim values without trampling on the rights of the minorities lies in finding a synergy for simultaneous application of Shari'ah and human rights. A synergy is imperative because neither has proved to be satisfactorily workable at the public law level for contemporary Muslims—neither Shari'ah as represented by fiqh literature, nor the secular oriented human rights. It concludes that it is the goal of justice that should be immutable rather than the means for achieving the goal. Therefore, reconciling Islam with protection of non-Muslim rights in a Muslim-majority constitutional democracy should present less conceptual difficulties and social tension than is presently the case. (shrink)

The rapid change in the world after the Enlightenment not only brought about revolutionary scientific and technological innovations, but also opened the door to important transformations in the context of thought. Especially with the wind created by the French Revolution, some concepts such as equality, fraternity, and justice, which were already in circulation before, came to the fore even more. One of the concepts that was magnified in this process was freedom. The concept manifested itself in philosophy as an understanding (...) of free will against the idea of determinism, and in politics as independence against oppressive governments. Since the day it was addressed as an independent topic, it has attracted attention with its different types and aspects, including freedom of the press, freedom of thought, freedom of expression, freedom of religion and conscience. We see that the intellectual adventure of the Western world in the last two centuries has been shaped around these concepts. The libertarian attitude, which at first manifested itself as a rebellion against religious and secular authorities, was later driven to extremes that saw itself as independent from all moral and social norms. These debates were inevitably reflected in the field of theology, and topics such as the position of the will of man against God’s will, fate and the problem of evil were reconsidered according to contemporary claims and objections. The atheistic tendencies that emerged in the Western world claimed that all religions deprive man of the possibility of being an active subject on earth and that a person who believes that all his/her actions are known and determined cannot be truly free. This point is actually one of several important issues that contemporary atheism raises against theism. These debates have also reached the Islamic world and the issue continued to be addressed with similar arguments. At its core, each of these claims rests on the assumption that Islam's conception of the human being leaves no room for individual freedom. Although the problem has different aspects such as fate and theodicy, one of the most striking aspects of the problem is the question of whether man has the right to reject Islam as well as the right to enter Islam by one’s own free will. It is important to answer this question. Because some practices from the early period of Islamic history and the assumptions that apostates should be killed according to certain conditions, which are accepted as an established jurisprudence in Islamic law, have provided important opportunities for anti-Islamic ideas and ideologies. This article shows how the issue has been dealt with in the classical literature, while at the same time suggesting solutions on how to approach the phenomenon of conversion today. In addition, the study will show that the issue is dealt with in the context of public security in the fiqh literature, and therefore, the current cases of conversion or apostasy do not fully correspond to the discussions in the classical period. (shrink)

This study aims to integrate hadith, astronomy and sociology studies in examining the implementation of Hijri calendar unification through a multidisciplinary approach. The Hijri calendar is based on the astronomical phenomena of the earth-moon-sun system and should refer to the provisions of Islamic law or fiqh to be implemented in worship. For the preparation of a good Hijri calendar, agreement on criteria, date line, and authority is necessary. Furthermore, agreement on criteria requires a valid argument based on astronomical studies. (...) An agreement on the implementing region boundaries is necessary due to the round earth and the hilal [crescent moon] cannot be observed simultaneously anywhere. It is also needed to resolve unavoidable differences, specifically in the appearance of the hilal and in schools of Islamic law. The problems to be solved are as follows: What is the strategy for implementing Hijri calendar unification? This study is based on a review of hadith and fiqh literature, analysis of astronomical data related to criteria, and experiences of Indonesia and Islamic countries regarding the Hijri calendar unification. The results show that implementing the Hijri calendar unification through the three approaches above can be carried out and accelerated. Contribution: This study contributes to showing the results of a multidisciplinary approach in the problem of implementation of the new Ministers of Religious Affairs of Brunei Darussalam, Indonesia, Malaysia, and Singapore (MABIMS) criteria towards unification of the Hijri calendar. (shrink)

Māzarī al-Tamimī (d. 536/1141) was one of the last jurists who lived in North Africa before the fall of al-Andalus. He is the author of Izāḥ al-Mahsūl, which is considered to be an important turning point in the formation of the uṣūl al-fiqh structure of Mālikī jurisprudence. The lack of studies on the uṣūl al-fiqh of al-Māzarī, who had considerable knowledge in the fields of ḥadīth, fiqh, theology, medicine, and fatwā, made this study necessary. This study examines (...) al-Māzarī's understanding of uṣūl through his work Izāḥ al-Mahsūl in the field of uṣūl al-fiqh. Izāḥ al-Mahsūl is al-Māzarī's commentary on the Shāfiʿī scholar al-Juwaynī's (d. 478/1085) al-Burhan fi uṣūl al-fiqh on uṣūl al-fiqh. The commentary on al-Juwaynī's al-Burhān is one of the fundamental texts of Shāfiʿī usūl al-fiqh. In his commentary on this important work, al-Māzarī followed his teacher al-Juwaynī's subject classification and systematization and applied the method of the mutakallim in writing uṣūl al-fiqh. Although it bears similarities with his teacher's work, this commentary, even in its incomplete form, is an independent work with the opinions and evaluations it includes. Al-Māzarī did not hesitate to oppose his teacher in the work and put forward his own method of ijtihād. Izāḥ al-Mahsūl, which is the subject of this study, is an important example of the influence of Shāfiʿī uṣūl al-fiqh on Mālikī uṣūl al-fiqh in terms of method and content. With this work, the Mālikī uṣūl al-fiqh literature and texts were modelled after Izāḥ al-Mahsūl. This work, which was a source for post-Māzarī Mālikī jurists, is also the subject of this study because it contains the traces of the Shāfiʿī-Mālikī interaction in Islamic jurisprudence. Within the scope of the study, the principles that stand out in al-Māzari's understanding of uṣūl al-fiqh in his work Izāḥ al-Mahsūl were tried to be identified. In this way, it is aimed to reveal on which issues the Mālikī uṣūl al-fiqh is based. It is impossible for al-Māzarī's understanding of uṣūl al-fiqh cannot to be influenced by the intellectual and political environment in which he grew up. With this in mind, we have tried to briefly touch upon al-Māzarī's life, his teachers, his works, and the intellectual and political atmosphere of the Maghreb region during his lifetime. We have tried to understand the impact of all the details of his life on al-Māzarī's scholarly life and his uṣūlism in particular. In addition, determining the prominent elements of al-Māzarī's understanding of uṣūl is also important in terms of understanding the jurisprudential structure in the Maghreb region and illuminating the region in terms of Islamic legal history. This study aims to present al-Māzarī's understanding of uṣūl in terms of its basic features. Thus, it aims to shed light on al-Māzarī's contribution to the Mālikī understanding of uṣūl al-fiqh and its literature. The document analysis method, one of the qualitative research methods, was used in the study. In this context, the textual analysis was applied by comparing al-Māzarī's views with those of his teacher al-Juwaynī, by whom he was influenced. (shrink)

The sources show that two different groups of sheikhs were followed in the Hanafi usūl al-fiqh: ‘Iraqi and Samarqandi sheikhs. However, the perception of followers of ‘Iraqi sheikhs formed the dominant Hanafī tradition. This situation has caused different approaches of the theologian methodologists who followed the Samarqandi sheikhs to become in shadow. Considering this separation within this denomination, when the sunnah sections of usūl al-fiqh literature are compared it is possible to see the different points raised within (...) the Hanafi usūl al-fiqh. In this study, “the definition of sunnah”, “the acts of the Prophet”, “the imitating companions”, “the criteria of ard (submission) to the Qur’an” and “the problem of faqīh (jurist) narrator” are determined as differentiated notions. Considering these issues, since the concepts which differentiate theologian methodologists, whose perception have been taken into account in this paper, from the dominant Hanafi usūl tradition have been generally related to theological concerns, it is possible to argue that this distinction can be explained by their approach of usūl in which theological premises considered as important as other concerns. Eventually, this paper aims to show that like any denomination Hanafi sect also does not have a uniform approach about sunnah.Summary: In this study, the marks of differentiations in sunnah topics were followed based on the works of Ḥanafī usūl al-fiqh written in the Transoxanian region between 5th-8th centuries A.H. The reason for the limitation of this issue is that there have been some changes and developments in the sect in this region and period. It is because Ḥanafī usūl al-fiqh, which is in two different lines, namely ʿIrāqī sheikhs and Samarqandī sheikhs, has improved in favor of one side in this period. It is thought that this dual disintegration occurs due to the effect of different theological tendencies. This situation has caused the different approaches of the theologian methodologists who mostly followed the Samarqandī sheikhs to be overshadowed. Because Ḥanafī tradition, which became a permanent establishment, mostly followed the line of ʿIrāqī sheikhs in terms of both the topics that are discussed and the approaches in these issues. The aim of this study is to determine the different approaches of the line of Samarqandī sheikhs to sunnah. In the study which is based on comparative method, sunnah topics of Dabūsī, Pazdawī, Sarakhsī and those who followed them and the theologian methodologists Abū l-Yusr, Samarqandī, Lamishī and Usmendī’s sunnah topics were compared and the differentiation points of the second group were determined.In this context, it is seen that there are two different approaches in the Ḥanafī usūl al-fiqh regarding the definition and scope of sunnah. Because the Ḥanafī principals who followed the ʿIrāqī sheikhs, while describing the sunnah, they included the companions in the scope of sunnah. However, Abū l-Yusr, Samarqandī and Lamishī did not mention the companions in the sunnah description and stated that the only person to be subjected was the Prophet. In addition, the Ḥanafīs in the second group, unlike others, do not accept the opinion that the meaning of absolute sunnah word is only sunnah of the Prophet. At this point they have shared the same conviction with the ahl al-ḥadīth (the traditionists) and cumhūr al-ulemā (majority of ulema).There are two different approaches, which are based on ʿIrāqī and Samarqandī sheikhs in the show of the judgments of the acts of the Prophet. According to the ʿIrāqī Ḥanafīs, the Prophet's act is attributed to mubāh (permissible) when there is no evidence about its feature. According to the Samarqandī sheiks, such an act is attributed to vucūb (obligation) in terms of practice and stopped in terms of faith. Most of the later Ḥanafī scholars have adopted the idea of ​​ibāha (permissibility) of the ʿIrāqī Ḥanafīs. On the other hand, Samarqandī, Lamishī and Itkanī have tended to the opinion of the Samarqandī sheikhs.It is seen that two different approaches were adopted by Ḥanafī scholars in the field of imitation of companions. Most of the Ḥanafīs adopted the view of Bardaī. According to this view, it is necessary to imitate companions and their expression takes precedence over the qiyās (legal analogy). On the other hand Samarqandī and Lamishī adopted the opinion of Māturīdī. According to this opinion, a companion who has reached the rank of fatwā (legal opinion), it is necessary to imitate that person if one of his peers did not oppose his opinion on a subject that is not likely to be hidden because the general public needs it.There is also a dispute between the Ḥanafī scholars on the type of information expressed by the famous report. Dabūsī, Pazdawī and Sarakhsī and later Ḥanafīs believe that the famous report does not refer to certain knowledge but to assured knowledge. However, it is understood that, Abū l-Yusr, Samarqandī and Lamishī believe that the famous report refers to certain knowledge. But this conflict between the Ḥanafīs only affects the issue of the takfīr who denies the famous report. It does not cause any dispute on judgments.There are two different approaches in the sect about the issue of opposition to the Qur'an covered by internal interruption. In this matter, the issue of opposition to the Qur'an, especially through ziyāda alā al-nās, has been evaluated in different ways. According to the ʿIrāqī sheikhs and majority of the Ḥanafīs, which followed them, ziyada ala al-nas is naskh (abrogation). But according to Māturīdī and Ḥanafīs which followed him, it is also possible that ziyāda alā al-nās is naskh and statement. One of them cannot be preferred without any evidence. In addition, according to the ʿIrāqī sheikhs general and apparent words of the Qur'an express certain knowledge. However, according to the Samarqandī sheikhs the general words of the Qur'an don not express certain knowledge. So, these words can be specialized by isolated tradition. But it was observed that this conflict between the Ḥanafīs was related to the fact that the first opinion caused some problems related to the faith.In the issue of the faqīh narrator, it was determined that three different approaches were exhibited by Ḥanafī scholars. Firstly, the attitude towards not accepting the report of the non-faqih narrator, expressed by the ‘Īsā b. Abān in Abū Hurayra, is gradually being softened along with Dabūsī and adopted by the later Ḥanafī principals. However, despite the same scientific environment and period, Abū l-Yusr does not follow this approach. At the same time, it is possible to say that Samarqandī, Lamishī and Usmendī don not adopt the faqīh narrator criterion. While ‘Abd al-‘Azīz Bukhārī and Kakī did not adopt this approach but criticized it openly. As a result, it is seen that Ḥanafī sect which contains different orientations in itself does not have a uniform approach about sunnah. The points which differentiate theologian methodologists, whose perception have been taken into account in this paper, from the dominant Ḥanafī usūl tradition have been generally related to theological concerns. So, it is possible to say that this distinction can be explained by their approach of usūl in which theological premises considered as important as other concerns. In addition, it is seen that some of the opinions theologian methodologists present as an alternative to dominant Ḥanafī usūl al-fiqh tradition are close to the ahl al-ḥadīth and cumhūr al-ulemā. (shrink)

The rights granted to individuals by the legal system are examined with a fundamental distinction as regards their economic value as "property rights" and "personal rights". Property rights, which differ from personal rights in terms of their economic value, are characterized as ‘absolute’ if they can be asserted against everyone and as ‘relative’ if they can only be claimed against the convict on behalf of the debtor. If absolute property rights are based on a tangible (physical) subject, they are referred (...) to as real rights. Real rights and rights of claim that have relative characteristics and can therefore only be used through the act of a specific person constitute two important components of a property. Although various attempts have been made to bring these two types of rights closer together in the historical process, these rights have continued to be considered different in terms of both nature and legal implications. The aforementioned difference arises from the form of dominance over the subject of the right, whether it is direct or indirect, the impact of these rights on the ownership of the property, whether the right is absolute or relative, whether it is continuous or not, and priority/superiority, which will be discussed in detail in the article. The conceptual framework and terms belonging to the Continental European legal system are also found in Islamic legal doctrine in similar or equivalent forms. In this context, the term "milk" has been used in the fiqh literature to encompass all property rights, and terms such as "milk al-ayn," "milk al-manfaa," "milk al-dayn," and "milk al-habs wal-yad" have been developed depending on the nature of the property subject to the right. Real rights and personal rights constitute two important parts of the asset. In some cases where legal interests between people are confronted, it may be necessary to choose between these two types of rights. In such cases, considering the authorities it contains, a kind of priority has been given to real rights over personal rights. One of the cases where this priority is most clearly seen is when a leased property is transferred to third parties while the current lease agreement is in effect. In Islamic law, the authorities granted to the person by the lease contract differ from the Continental European legal system. At this point, the powers granted by the lease contract in Islamic law differ from those in the Continental European legal system. This article argues that the right of the tenant in this regard is considered as real right in Islamic law, unlike in the Continental European legal system. To justify this, the authorities granted to the tenant in Islamic law have been examined in cases where the leased property is transferred to third parties through means that can be interpreted as unlawful acts such as sale, lease, or usurpation during the lease period. In addition, the unique approach of Islamic law on this issue has been expressed by considering both classical and modern fiqh works, and by making comparisons with Turkish law. (shrink)

Ibn al-Qāṣṣ (d. 335/946), one of the representatives of the Shāfiʿī school of law in the 4th/10th century, compiled a short treatise of extraordinary nature: Fawāʾid Ḥadīth Abī ʿUmeyr. In this work, he deduces sixty different wajhs (verdicts, comments) from a ḥadīth reporting the Prophet’s interest and affection to a child known as Abū ʿUmayr and his family during a visit he paid after Abū ʿUmayr’s birdie died by jokingly telling him in rhyme, “yā Abā ʿUmayr, mā faʿala al-nughayr” (O (...) Abū ʿUmayr, what happened to the nughayr?) This study deals with the primary goal of the composition of the Fawāʾid, its content, and structural qualities as well as the author’s approach in deducing verdicts. As one of the aṣḥāb al-wujūh, the author’s legal/madhhab notion and the literalist and external perspective he developed regarding the interpretation of texts, seems to have directly affected his deductive reasoning and determined his approach. This concise work not only sheds light over certain aspects of the relationship between ḥadīth and fiqh at the time of Ibn al-Qāṣṣ, but also exemplifies to what extent methodological tendencies and personal factors might affect the process of deriving verdicts from ḥadīth and could push the limits in that regard. Summary: Ibn al-Qāṣṣ (d. 335/946), one of the representatives of the Shāfiʿī school of law in the 4th/10th century, compiled a short treatise of extraordinary nature: Fawāʾid Ḥadīth Abī ʿUmeyr. In this work, he deduces sixty different wajhs (verdicts, comments) from a ḥadīth reporting the Prophet’s interest and affection to a child known as Abū ʿUmayr and his family during a visit he paid after Abū ʿUmayr’s birdie died by jokingly telling him in rhyme, “yā Abā ʿUmayr, mā faʿala al-nughayr” (O Abū ʿUmayr, what happened to the nughayr?) The report of Abū ʿUmayr, which is in the focus of the work, is, in essence, reflects a singular and special aspect of the close relationship between the Prophet and Anas b. Malik’s family. Nevertheless, it is surprising that many ḥadīth scholars from the early times, not only Ibn al-Qāṣṣ, have chosen this ḥadīth as an example in which they can demonstrate their skill in the field of fiqh al- ḥadīth. Fawāʾid seems to be a work in which the juridical point of view centered and resembles the classical fiqh commentaries in a sense. In the work, different variants of the Abū ʿUmayr report were brought together and evaluated within the framework of the text and textual possibilities as possible. The author also analyzed some words in the narrative text for being a base for a verdict, referred to Qurʾānic verses, prophetic ḥadīths, reports, and legal opinions, tried to solve the disputes and the conflicts among legal evidences in various ways, and stated occasionally his personal opinions. Fawāʾid reflects the author’s rich accumulation of legal knowledge, while at the same time gives an idea about his knowledge of ḥadīth and his approach to the ḥadīth. Considering what the author did and wanted to do, it is understood that he deals with ḥadīth as well as fiqh, and he has a certain level of relationship not only with fuqahāʾ (muslim jurisprudents), but also with ḥadīth scholars. Ibn al-Qāṣṣ’s interest in fiqh and ḥadīth must have lead him to take initiative to eliminate the tension between the ahl al-ḥadīth of Shāfiʿī school of law who focused on transmitting ḥadīths and the fuqahāʾ of Shāfiʿī school of law who care about the fiqh perspective, in that period of time. It can also be said that he tried to establish a reconciliation between the ahl al-ḥadīth (the traditionists) and the ahl al-raʾy (the rationalists) and bring the parties together in the middle way. The work seems to have been written as a result of such considerations. As Ibn al-Qāṣṣ was considered as one of the aṣḥāb al-wujūh, that is, as a jurist who was bound of a madhhab Imām for legal reasoning, he seems to have followed the methodology of Shāfiʿī school of law for deriving legal solutions from the sources. Legal notion of the author and his literalist and textualist perspective with regards to the interpretation of texts, seems to have directly affected his way of reasoning from the ḥadīth and determined his approach. This approach, as mentioned in many contemporary studies, is not sufficient and appropriate for the evaluation of ḥadīth texts, which were transmitted by meaning, not word-by-word, and shaped by the transmitter’s dispositions. It is also difficult to say that Ibn al-Qāṣṣ sufficiently considered the physical, historical, social, and cultural context surrounding the text as well as other extra-textual elements, which complete the meaning. This situation implies that some of the wajhs recorded in the work are the author’s attempt to find a base and evidence for his ideas, which he already had, rather than deductions drawn from the ḥadīth. It makes the scientific quality and accuracy of his efforts controversial. The verdicts presented in the work, as wajh and fāʾida are predominantly jurisprudential and compatible with the opinions of the Shāfiʿī School of law, however, there are also controversial ones, and the author pointed to them without revealing his own tendency. It does not seem that these wajhs in the work are systematically ranked. In this vein, similar wajhs are sometimes in succession, sometimes scattered, and some wajhs are repetitive. The degree of accuracy, clarity and quality of some wajhs also seem arguable. Zayn al-Dīn al-ʿIrāqī (d. 806/1404), who made a general evaluation of these wajhs, said that: “Some of the (meanings of the) wajhs in the work are apparent, some of them are hidden and some are strained.” The work’s editor drew attention in the footnotes to the wajhs, which might be subject to objection. The early ḥadīth scholars, who reported this ḥadīth in their compilations, deduced six or seven judgments from the ḥadīth under the headings (bāb) specified for this ḥadīth. This appears quite modest in comparison to the treatise of Ibn al-Qāṣṣ. The given ḥadīth has also taken its place in the fiqh literature, and it has been questioned in the context of the issue of Madīna’s being of ḥarām region (holy land) and hunting ban in this region. In conclusion, Ibn al-Qāṣṣ’s treatise of Fawāʾid Ḥadīth Abī ʿUmayr, is a short but worthy example of the ḥadīth literature in terms of its purpose and interesting content. This work can be considered as a study that exemplifies how the purpose of writing can be determinative on the structure of a work, and in particular to what extent methodological tendencies and personal factors might affect the process of deriving verdicts from ḥadīth and could push the limits in that regard. The author’s universe of meaning, which focused on the apparent meaning and to draw as many judgments as possible from the text, should be related to his personal intention and purpose as well as to the fiqh perspective of his time. Due to the textual approach and the method for drawing inferences, which are observed in the work, the tool-purpose relationship between the text and the judgment sometimes remains obscure and sometimes becomes unimportant. In some respects, this work is a striking example of the consequences of ignoring the context and historical reality surrounding texts for specific purposes. (shrink)

It is evident that the Ottoman state made radical reforms to overcome the crises it had fallen in various fields, especially since the Tanzimat era. In this context, the preparation and codification of “Majalla-i Ahkām-i Adliyya” is undoubtedly one of the most important events of both the Ottoman legal history and the history of Islamic law. It is not a whole and complete civil law since it mainly covers debts, partly property and judicial /procedural law. “Munākahāt ve Mufārakāt” subjects corresponding (...) especially to the field of family law and the related law articles are not included in Majalla. The work that forms the basis of our paper was written precisely to fill this gap. The work in the nature of translation and commentary of Kadri Pasha’s book, al-Ahkām al-shar'iyya fi al-Ahvāl al-shahsiyya, which is a draft law, was born out of the need for a compact text on family law. It is also a response to the criticisms in his era towards the Islamic Family Law verdict. Its preparation about twenty years before the Family Law Decree is also a helpful clue in analyzing the nature of the work. In addition to translation, Hasan Riza strives to make the marriage contract, the responsibilities of the spouses, divorce, lineage and alimony subjects understandable, and to respond to the criticisms on these issues. When his effort is evaluated together with the religiously referenced commentary he made to Qānūn-i Asāsī, it can be described as the proof of the accuracy of the family law judgment, especially in the classical fiqh literature, and the defense of the conformity of these provisions to intact human nature. While this article mainly examines the nature of this work, it also aims to describe the criticism issues that the author’s era produced regarding the jurisprudence. The eight blurbs (taqrīz) at the beginning of the work are indicative in this regard. Bureaucratic and scientific relations and controversial issues on the agenda can be understood from these blurbs. In these blurbs, some references are made to the feminist movement along with the observations concerning the status of women. When approaches handled here are combined with the informtion as to the historical roots and the phases of feminist movement, it would be possible to reach the intellectual memory of that period. Determination and analysis of Darguzīnī’s identity and status is an indispensable requirement of this study. (shrink)

Since the 1980s, Islamic scholars and medical experts have used the tools of Islamic law to formulate ethico-legal opinions on brain death. These assessments have varied in their determinations and remain controversial. Some juridical councils such as the Organization of Islamic Conferences' Islamic Fiqh Academy (OIC-IFA) equate brain death with cardiopulmonary death, while others such as the Islamic Organization of Medical Sciences (IOMS) analogize brain death to an intermediate state between life and death. Still other councils have repudiated the (...) notion entirely. Similarly, the ethico-legal assessments are not uniform in their acceptance of brain-stem or whole-brain criteria for death, and consequently their conceptualizations of, brain death. Within the medical literature, and in the statements of Muslim medical professional societies, brain death has been viewed as sanctioned by Islamic law with experts citing the aforementioned rulings. Furthermore, health policies around organ transplantation and end-of-life care within the Muslim world have been crafted with consideration of these representative religious determinations made by transnational, legally-inclusive, and multidisciplinary councils. The determinations of these councils also have bearing upon Muslim clinicians and patients who encounter the challenges of brain death at the bedside. For those searching for ‘Islamically-sanctioned’ responses that can inform their practice, both the OIC-IFA and IOMS verdicts have palpable gaps in their assessments and remain clinically ambiguous. In this paper we analyze these verdicts from the perspective of applied Islamic bioethics and raise several questions that, if answered by future juridical councils, will better meet the needs of clinicians and bioethicists. (shrink)

Tarımsal üretim pek çok ekonomide olduğu gibi Türkiye’de de önemli bir paya sahiptir. Özellikle fındık, çay ve yaş meyvelerin üretimi yakın tarihe kadar bilinçsizce gerçekleştirilse de günümüzde üretim imkânlarının gelişmesi sayesinde az maliyetle yüksek verim alınabilmektedir. Fakat başta miras yoluyla arazilerin bölünmesi, köyden şehre göç olmak üzere çeşitli nedenlerden dolayı ya tarım arazileri sahipleri tarafından terk edilmekte ya da yarıcılığa verilmek suretiyle işlenmeye devam edilmektedir. Halk arasında yarıcılık olarak bilinen bu ortaklıkların temeli, fıkıhtaki müzâraa ve müsâkāt ortaklıklarına dayanmaktadır. Bu çalışmanın (...) amacı halk arasında yarıcılık olarak bilinen ve uygulanan müsâkāt ortaklıklarının fındık bahçelerinde nasıl yapıldığını tespit etmek ve fıkhi problemlere neden olan uygulamadaki aksaklıkların giderilmesi için öneriler geliştirmektedir. Nitel araştırma yönteminin benimsendiği araştırmada, araştırma deseni olarak fenomenolojik yaklaşım kullanılmıştır. Araştırmamızın veri toplama yöntemi yarı yapılandırılmış görüşme ve doküman incelemesidir. Araştırmanın çalışma grubu kartopu örnekleme yöntemiyle seçilen ve daha önce müsâkāt akdi yapmış fındık bahçesi sahibi veya fındık bahçesinin mahsulüne ortak olmuş 8 kişiden oluşmaktadır. Çalışmanın, klasik fıkıhla irtibatının yanı sıra, halk arasında güncel bir uygulamanın nasıl yapıldığını ayrıntılarıyla ortaya koyması açısından sosyolojik, tarımsal üretimi konu edinmesi açısından ise tarım ekonomisini ilgilendiren boyutları bulunmaktadır. Agricultural production has an important role in the Turkish economy as in many countries. However, the hazelnuts, tea and fresh fruits have been produced through inefficient methods for a long time. With the development of technology and new techniques, farmers have started to produce more efficient agricultural production with low costs. The basis of these partnerships, known as sharecroppers among the farmers, is based on muzara’ah and musaqat partnerships in Islamic Law. However, today it is not known whether these partnerships are made in accordance with the conditions of muzara’ah and musaqat agreements. In this study, we investigate how musaqat partnerships are made over hazelnut production, and we also try to detect problems that appear during the partnership. In addition, we offer suggestions to eliminate the detected problems. When the literature on musaqat is examined, it is seen that this partnership agreement is not the subject of research separately, and that the issue is generally discussed in some fiqh issues that concern partnership agreements. During the literature review, it was seen that today there are no studies on how the partnership contract is fulfilled and what problems emerge in terms of Islamic law. The fact that this study directly focuses on the current practices of musaqat partnership and identifies the emerging fiqh problems will fill a gap in the literature. (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)

Salafism is one of the most important issues of the last few centuries. There are intense discussions on the issues related to Salafism, its emergence, how it was first used by whom and in what sense. Discussions about Salafism are sometimes experienced in relation to whether this concept corresponds to a mentality or to a sect, and sometimes this phenomenon is brought up in relation to a number of important names that have taken place in the history of Islamic thought. (...) Ibn Taymiyya (d. 728/1328) emerges as the most frequently mentioned name in this context. Therefore, in this article, we have examined how Salafism/Salafiyya concept is used in the works of Ibn Taymiyya who is accepted as the theorist and the most powerful representative of Salafism. We have discussed the issue in a comprehensive manner by including the concept of Salaf, which is one of the most used concepts of Ibn Taymiyya. When we consider Ibn Taymiyya's use of the concepts of Salaf and Salafiyya, the concept of Salaf is seen to be used much more than the concept of Salafiyya. Thus, the concept of Salaf in the thought of Ibn Taymiyya refers to the Islamic society that lived in the early centuries and the conception of religion revealed by this society. The concept of Salafiyya, however, appears to have been used in a way that reflects a mentality and a way of thinking rather than a particular school or sect.Summary: Sects are human made structures that emerged with the institutionalization of differentiations in the conception of religion. The production of systematic theology and fiqh, the formation of its own literature, its dissemination and dissociation from other systems of thought are the most important turning points for the emergence of sects. One of the most important variables that determine the formation process of sects is the mentality of sect. It is known that the sects come into the realm of existence when the mindsets with the implicit reference system become visible. Therefore, there is a mentality on which every sect is based, but not every mentality has come to the point of being a sect. While some mentalities have influenced different sects in different shades, some of them have been confronted with only one sect.In fact, Salafism is one of the ways of thinking which is a mindset and it is a subject of important debates about whether it is a sect. Although the use of salafiyya is seen in the literature in the past, the fact that Salafism felt its existence as a kind of religion or mentality was realized in the 18th and 19th centuries. It is also known that the discussions about the definition of Salafism have started since these periods. From the second half of the 20th century, Salafism began to take a place in the agenda of both the Islamic world and the West. This has naturally led to efforts to define Salafism. Thus, Salafism is subjected to attempts to identify and associate with structures, such as denomination, ideology, religious understanding and mentality. In this direction, it is seen that Salafism is tried to be defined by establishing close link with the structures, such as Ahl al-Sunnah, Ahl-i Hadith, Hanbalism and Wahhabism or by reducing them directly to one of these structures. Thus, Salafism is sometimes backed up to the early stages of Islamic thought and sometimes associated with multilayered structures, such as the Ahl al-Sunnah, which embodies many political-mythic and fiqh structures.In line with the efforts of defining Salafism, it is also seen that many names that have had a say in classical Islamic thought or have been mentioned in modern times have been brought to the agenda. In addition to the names, such as Ahmad ibn Hanbal, Ibn Taymiyya, Ibn Qayyim al-Jawziyya, the names of Emir al-Saneyani, Muhammad ibn Abd al-Wahhab, Muhammad al-Shawkani, Shaykh Abdulaziz ibn Baz and Muhammad Nasir al-din al-Albani are frequently mentioned in this process. It should be noted that there is a special place of Ibn Taymiyya among these names. Ibn Taymiyya took the place of both in history of Islamic thought and Ahl al-Hadith-Hanbalite tradition and made a name for himself in the context of many subjects. It is claimed that Ibn Taymiyya, who was the theorist of the Hanbalite conception of religion, and the missionary of the New Hanbalism, was also the founding figure and the most important representative of Salafism. In modern times, most of those who declare ideas about Salafism place Ibn Taymiyya at the center of Salafism and present him as the founding name of this mentality. However, the question of what kind of relationship between the mentality called Salafism and Ibn Taymiyya's world of thought and religion is not the subject of academic studies. However, the works of Ibn Taymiyya, who is an author of a very velocity, should be analyzed from this point of view and all kinds of words about Ibn Taymiyya-Salafism relationship should be left behind this effort. Our study, which aims to fulfill this gap, was designed to explain topics, such as whether the concept of salafiyya was used in the works of Ibn Taymiyya, whether and how the past was used, and the extent to which the meaning attributed to the salafiyya coincided with the current Salafism. Understanding of the concept of the salafiyya in the works of Ibn Taymiyya depends on the explanation of how the term salaf was derived and used by Ibn Taymiyya. When the works of Ibn Taymiyya are scanned, it is seen that he used the word salaf much more than the word salafiyya. In fact, the word of salafiyya, which Ibn Taymiyya has rarely included, has been placed in some places in a way that refers to the meaning field of the word salaf. When we consider the use of the word salaf in the works of Ibn Taymiyya, we first see the generations who lived in the early historical periods of Islamic thought and the conception of religion which these generations have revealed. Other names that have taken place in the history of Islamic thought have similar opinions about the generation of the predecessors and the religious understanding of this generation. In other words, according to the general opinion of the predecessor, especially the first three centuries came to mind. However, it is seen that Ibn Taymiyya made some attempts to periodize both the generation of the predecessors and to define the understanding of religion of this generation. Nevertheless, Ibn Taymiyya could not provide a clear picture on this issue, and he occasionally contradicted his findings regarding his involvement in the predecessor generation. Nevertheless, he generally adopted generalizations and an attitude to limit the meaning of the predecessor to the first generations. The word salafiyya, which Ibn Taymiyya placed on the meaning of the word salaf, is used less compared to the word salaf and is given in more complete terms. This indicates that the main factor that influenced Ibn Taymiyya's salafi thought was salaf, not salafiyya as a systematic structure. These findings make it necessary to reconsider the claims of Salafism being a sect and it is being represented at the time of Ibn Taymiyya. (shrink)

The Zaydī-Muʿtazilī interaction, which dates back to the early periods, increased when The Būyid vizier al-Ṣāḥib b. ʿAbbād invited Qāḍī ʿAbd al-Jabbār to Rayy and many Caspian Zaydī scholars studied with Qāḍī. Ibn Sharwīn, who is mentioned among the students of Qāḍī ʿAbd al-Jabbār and accepted as one of the Zaydī- Muʿtazilī scholars, is one of these names. The works of Ibn Sharwīn, who had writings in the field of kalām and fiqh, did not remain within the borders of (...) the Caspian and reached the Zaydīs of Yemen; one of these works is Ḥaqāʾiq al-ashyāʾ. Considering that, unlike other theological schools, there are not many works on the definitions of theological concepts in Muʿtazilī literature and -as far as is known- did not reach today, this treatise helps to understand better especially the terms in Zaydī- Muʿtazilī theology and the effects of Bahshamiyya on Zaydī thought. This work, edited and translated based on the only extant manuscript only manuscript found in Yemen and a previous publication, on the one hand, is important in understanding the point of view of Zaydī- Muʿtazilī thought on the disciplines of theology, jurisprudence, debate, history of Islamic sects, on the other hand, it is a helpful resource for understanding the terms used in the theory of aḥwāl, which is still an intricate issue. Ibn Sharwīn in his Ḥaqāʾiq al-ashyāʾ; explains over 150 terms in relation to cosmology such as substance, accident, line, surface, space; to ontology such as existing, non-existence, originated (muḥdath); to epistemology such as knowledge, creed, ignorance, doubt, skepticism, obligatory and acquired knowledge; to methodology such as evidence, madlūl, debate, and disputation; to fiqh such as sunnah, farḍ, mandūb, cause, command-prohibition, general-particular (ʿumūm-ḫuṣūṣ); to the history of sects such as ʿadliyya, compulsionists (mujbira) and qadarī; to divinity such as the oneness of God (tawhīd); to justice such as promise and threat (al-waʿd wa-l-waʿīd), good and evil, necessary and acquired, grace, compensation, repentance, major and minor sins; to the theory of al-aḥwāl such as attribute of the essence, determinant (muḳtaḍī), entail (muḳtaḍā), muṣaḥḥiḥ, cause. Describing ḥadd that corresponds to “definition” and ḥaḳīḳat that he used together with it as collectively exhaustive, mutually exclusive, Ibn Sharwīn defines knowledge, power, living (ḥayy), speech (kalām), speaker (mutakallim), permanent (bāqī) etc. in a way that is true for both God and human beings. While making these definitions, he draws on poems, linguistic usages and verses and divides the nouns into three parts at the end of his work, namely linguistic, religious and conventional (sharʿī and waḍʿī); in particular, he gives detailed information about metaphors and parts of truth. Another striking aspect of the work is the explanation of the meanings of the imperative mood which is included in the subjects of the Methodology of Fiqh. (shrink)

The first poems about the Prophet Muḥammad appeared while he was alive. These first examples, which are panegyrics (madīḥ, i‛tiẕār, fakhr and ris̱ā), largely reflect the characteristics of the pre-Islamic qaṣīda poetry. Due to the developments in the following centuries, the number of poems about the Prophet increased. And thus, a separate literary genre was formed under the name al-madīḥ al-nabawī. Especially the fact that sufi leaning poets contributed to the literary richness in this field. Another factor is the beginning (...) of the tradition of writing mawlid poems in memory of the birth of the Prophet Muḥammad. The thirteenth century was an important period for poems praising the Prophet Muḥammad. Two important poets emerged in this century. One of them is Egyptian poet al-Būṣīrī and the other is Baghdad's famous poet, Yaḥyā al-Ṣarṣarī. Even after his death, Ṣarṣarî’s works with high literary value were read and memorized in the circles of science, literature and Sufism. Due to his competence in the field, al-Ṣarṣarī was known as the poet of the Prophet and Ḥassān b. Thābit of his time. However, it is understood that his poems, which lost their importance in literary circles over time, were not studied as much as they deserved in the modern period. In this article, his life and works are introduced and basic language and stylistic features of his poems are examined. Also, the image of the Prophet in his poems was determined within the framework of the political conditions of the period.Summary: In the field of madīh nabawī, which first appeared in the ‘Asr al-Sa’āda and has continued to the present day, especially two names stand out in the 7th/13th century, when famous poets such as Macduddīn al-Vitrī (d. 662/1264), Ibn al-Muraḥḥal (d. 699/1300) and Ṣafiyyuddīn al-Ḥillī (d. 749/1348) were also raised. One of them is the Egyptian poet al-Būṣīrī (d. 695/1296), who left his mark on the field of madīh nabawī with his many poems, especially Qaṣīda Burda, and the other is the Iraqi poet Yahya al-Ṣarṣarī (d. 656/1258), who was named Shā‘iru Rasūlillāh (The poet of the Prophet) and Ḥassānu Vaḳtihī (Ḥassān of that period) because of the quality of his poems in this field.al-Ṣarṣarī, was born in the village of al-Ṣarṣar, near Baghdad, spent most of his life in the shadow of Baghdad’s political instability and the social collapse that developed in parallel. He was killed in 656/1258 by the Mongolian forces that invaded Baghdad. al-Ṣarṣarī was extremely knowledgeable in fiqh, hadith, language, and ‘ilm al-qirāa. Our poet adopted the views of the Hanbalī law school. In addition, he turned to Sufism and became a murīd (disciple) of Ali ibn Idrīs al-Ya‘kūbī, a student of Abdalqadīr al-Gīlanī who was accepted as the founder of Qādiriyya. He was closely attached to the Sunnah of the Prophet and was fond of reading the Quran. He was chaste and patient and was content with what he had himself. All his works are poetic and they all concern the madīh nabawī or fiqh.Since his poems, almost all of which are about the praise of the Prophet, have a high literary value, they were read, memorized and narrated for a long time in the circles of science, literature and Sufism. In terms of its structure, his poems are based on the traditional forms of Arab qasīda. In the introductory sections of his poems, he often expresses his longing for Madina. The main subject in poems is usually the Prophet and his superior features. In the last part, he usually says salāt for the Prophet and seeks help from him. It can be said that he used simple language in his poems. The vocabulary reflects the characteristics of the urban life in which he lived. The source of inspiration for his poems are the Qur’an and especially the hadith of the Prophet. He uses the potential of literary arts as much as possible while conveying his feelings. But he does not allow the correct information to be lost due to these arts on a serious subject such as depicting the Prophet. We can see a lot of badī‘ (creative) art in some of his poems. But we can immediately understand that these arts do not spoil the beauty of his expression. The poet provides rhythm and harmony in his poetry with the meter and rhyme in accordance with the classical Arabic qasida rules. In addition, he strengthens the musicality in poetry with puns (jinās) and repetition.The influence of the instability of the region where al-Ṣarṣarī lived on his poems is obvious. According to him, the main reason for the terrible situation that Muslims were in was that they were away from the way of the Prophet. He thought that it would be possible to go back to the old peaceful days by following the way of the Prophet. Perhaps as a result of this opinion, he allocated his qasīda to the narration of the Prophet and his Companions. In his poems, he describes the Prophet with his names, superior qualities, physical and moral characteristics. He says that the sentences describing the Prophet are the ornament of poems and believes that praising him is a mean of salvation in the next world. He also hoped that the poems he said in order to achieve spiritual ascension would protect himself against the troubled events of the period.In his poems, especially on the occasion of mawlīd, al-Ṣarṣarī mentions the Prophet’s physical characteristics and likens his smiling face to a bright full moon, his brows to the letter nûn, his teeth to pearls. He describes the Prophet as a man with black eyes, broad shoulders, born with kohl-lined eyes, and who emanates a beautiful scent as a requirement of his creation. The poet, who also touches on the Prophet’s powerful address, states that his speech is more effective than Luqman’s wise words by virtue of his jawami‘ al-kalim (comprehensive speech) and faṣl al-khiṭab (clear speech), and that his soft address, which states nothing other than the truth, is a blessing from Allah. He additionally describes the Prophet’s plain words, easy to understand by all, as more valuable than jewels. al-Ṣarṣarī, who praises the Prophet in terms of morality with basic human virtues such as bashfulness, justice, modesty, and courage, emphasizes that he is, a paragon of patience, perseverance, kindness, and compassion through analogies such as, “his clothes are peace and perseverance”, his “cover is kindness and forgiveness”. In his world of imagery, the Prophet’s benevolence is so abundant like the rain that the clouds cannot compete with him. Also, he does not shame anybody for what he gives. He bestows the most valuable possessions like gold and camels. Even the respectable personalities of the tribe benefit from his grace. He is so generous that he is giving even when the clouds are stingy about giving rain during times of drought. He welcomes with a smile those who approach him with requests. The donations he makes privately are entirely satisfying.The image of prophethood in al-Ṣarṣarī’s poems, is centralized around the thought of nūr Muhammadī (prophetic light) and the miracles of the Prophet. He reminds that the Prophet never gave up despite the calamities he encountered and that he was supported with extraordinary events in various stages of his life since he was born, and reflects the understanding that the prophet is spiritually supporting the community with his nūr, and in the case the community follow his sunnah, overcoming the Mongolian attacks, which seems like a miracle, is possible. The mention of Qattāl (warrior), Māḥī (eliminator of disbelief), Ẓāhir, Ẓāfir, Manṣūr and Muẓaffar (victorious) among the Prophet’s names, especially those that evoke the superiority he gained in his fight against the disbelievers, giving greater prominence to his courage and valor among his virtues are also related to the political and social conditions of the period. The couplets about the Companions of the Prophet following the couplets that describe the Prophet’s valor, the emphasis of their aid to the Prophet, and the particular mention of their fighter spirit may be considered in the same context. Perhaps, in this way, the poet aims to boost the courage of the Muslims who are exposed to Mongolian attacks with respect to protecting their spiritual and holy values against the enemy. (shrink)

This article examines tafsir (interpretation of the Qurʾān) - translation relationship in the example of the translation of verse 184 of the Surat al-Baqara into Turkish. Undoubtedly, when the verses are translated into another language, it is necessary to reflect to translate what the first interlocutors understood from them. The fact that the rules (hukm) in some verses were repealed (naskh) or allocated (takhsis) later does not change this requirement. In verse 184 of surat al-Baqara, those who can afford to (...) fast but choose not to fast are ordered to pay ransom (fidya) for every day, that is, to pay the daily amount to feed a poor person. According to the detailed information and rumors in the tafsir literature; this rule was applied when the fast was made obligatory (fard) for the first time, and then it was abrogated. However, this practice, which was canceled for healthy and unexcused people, remained as a permission (rukhṣa) for those who were too old and sick to fast. Both the narrations conveyed from the companions (sahaba) and the general opinions of the mufassirs confirm the abrogation of this rule and that it remains a rukhṣa. The fact that the situation is described as naskh or takhsis does not make a difference in terms of transferring the verse to Turkish or another language. The verses on the subject were examined in the light of the most basic tafsir sources. To give an example that reflects the general opinion; It is stated in the thirty-five narrations reported by Tabari from the companions and tābiʿūn that the 184th verse expresses the option (takhyir) of not fasting in return for fidya for those who can fast. This option has been canceled in the next verse but it has remained for, -some people with special conditions-, as the elderly who cannot afford to fast, pregnant women and breastfeeding women who worry about harm to themselves or their childrens. According to the qirāʾa that is "وعلى الذين يُطوَّقونه", it is said that the verse is not abrogated, it is meant for old men and women. But as emphasized by Abū Ḥayyān, it is understood that this qirāʾa is not actually a qirāʾa but a kind of interpretation of the expression "وَعَلَى الَّذِينَ يُطِيقُونَهُ" in terms of rukhṣa. Therefore, the claim that it has not been repealed is probably due to the continued practice of fiqh. On the other hand, also rational evidence shows that the right to choose (takhyir), which was given initially, was later repealed. For example, in verse 184, it is stated that those who are sick and travelers should perform fasting on other days with the expression "فَمَنْ كَانَ مِنْكُمْ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ"; The same issue is stated in verse 185 with the expression "وَمَنْ كَانَ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ". The repetition in question shows that the two verses were sent not together but at different times. This state of affairs confirms that the second verse has repealed the right of choosing (takhyir) in first one. In addition, as Imam Māturīdi's determined by hit, if those who cannot endure fasting were meant in verse 184, it would be unwise to call these people at the end of the verse as "However, that you fast is better for you, if you only knew!" In the overwhelming majority of Turkish translations of the Qurʾān, it is seen that there is no emphasis on the meaning of the verse when it was first sent. Even the expression “Upon those who are able to fast...” in the verse is translated as “Upon those who aren’t able to fast...”. Whereas it is more consistent and appropriate to reflect the literal meaning of the verse in the translation and explain the situation with additional notes. In this way, it will be understood that two verses that contain the same words and come one after another are sent different times and about different things, hence the reader will be given accurate information. In the nearly thirty examples of translations in the article, it is seen that the translations belonging to Mehmet Akif and Süleyman Tevfik and the translation of the delegation chaired by Hüseyin Kazım are in full harmony with the data in tafsir literature and the general opinion of mufassirs. Rifat Börekçi, the first president of Religious Affairs of the Republic of Turkey, has criticized the translation committee headed by Hüseyin Kazım extremely harshly. Then, with the choice made by Elmalılı Hamdi, almost the direction of the wind changed and the translators could not surpass it. Although there have been some translations in line with the text of the verse, the relevant explanations of these authors reveal that they did not understand the issue in detail and did not make a conscious translation. Meantime the analysis made in the aforementioned verse example shows that reliable translations cannot be made without referring to detailed tafsir information and therefore a correct Qurʾān translation is often not possible without tafsir. (shrink)

Māturīdism is an Ottoman identity and this identity was not limited, as is commonly believed, to the last period of the Empire. It maintained its formal existence throughout the Ottoman history. Nevertheless, the context in which the Māturīdism was located or with which it was associated changed in the course of time. In the early period when the eclectic way of thinking was dominant, Māturīdism as a creed was apparent mainly in the jurists whose ascetic identity was prominent and partly (...) in the mystical currents that were essentially continuations of Yasawiyya. At this point, the Bukhara-centered Ḥanafī legal literature played a distinctive role. At the time of Meḥmed II and in the following period during which the philosophical kalām dominated the scene, the Māturīdism was relatively passive and was in search of a position against the Ash‘arism. The new Rāzian paradigm of thought that began to be felt strongly in the Ottoman lands with Meḥmed II as an attempt of integration into the global circulation of knowledge prevented to a certain extent the visibility of Māturīdism. However, even in this period, Māturīdism was remarkably reflected in the muqaddimāt-i arba‘a literature which was directly sponsored by Meḥmed II. The tradition of philosophical kalām in the Ottoman scholarship, just when it was about to yield significant results, was interrupted due to the struggle against the Ṣafawids. Transformation of this political tension, at the same time, into a fight against Shiism also brought about a constriction in the religious thought of the Ottomans. Shiism and its all other variants were bitterly attacked under the main heading of Rāfiḍa. Unfortunately such a refutational approach proved a boomerang and returned in time striking the Ottoman Ṣūfīs who stood near the line of the Ardabil Shrine before its Shiitization. Ḥanafī fatwā literature was used extensively in the refutation texts against Ṣafawids. This brought to the fore at first the Ḥanafite and then the Māturīdite identity. This paper attempts to analyze this changing emphasis on Māturīdism in the Ottoman period and the political and intellectual factors that supported and nourished it. -/- SUMMARY It can be argued that the debates around Ash‘arism and Māturīdism in the Ottoman period and the resulting meant more than attempts of the members of the two sides to understand each other and that Māturīdism, particularly from the 16th century onwards, was gradually brought fore as the identity of Ottomans. In fact, this identity was not limited, as is commonly believed, to the last period of the Empire; it maintained, in form, its existence throughout the Ottoman history. Nevertheless, the context in which the Māturīdism was located or with which it was associated changed in the course of time. In the early period when the eclectic way of thinking was dominant, Māturīdism as a creed was apparent mainly in the jurists whose ascetic identity was prominent and partly in the mystical currents that were essentially continuations of Yasawiyya. At this point, the Bukhara-centered Ḥanafī legal literature played a distinctive role. At the time of Meḥmed II and in the following period during which the philosophical kalām dominated the scene, the Māturīdism was relatively passive and was in search of a position against the Ash‘arism. In this period, Ottoman scholars still embraced the Māturīdī-Ḥanafī line in their theological views. Ḫiḍir Beg’s al-Qaṣīda al-Nūniyya, and al-Khayālī’s commentary upon it, and the commentary written by Aḥmad b. Oġuz Dānishmand al-Aḳshahrī on al-I‘timād of Abū al-Barakāt al-Nasafī were the most noticeable Māturīdite texts from that time. Besides, al-Khayālī’s supercommentary (ḥāshiya) upon the commentary of al-Taftāzānī written on al-‘Aqā’id of Najm al-Dīn ‘Umar al-Nasafī was also of central importance. However, the new Rāzian paradigm of thought that began to be felt strongly in the Ottoman lands with Meḥmed II as an attempt of integration into the global circulation of knowledge prevented to a certain extent the visibility of Māturīdism. But, this should not be taken to mean that Māturīdism lost its ground of existence. That the Ash‘arite works produced in this new paradigm were transferred to and fully integrated in the madrasa curriculum was not because they were Ash‘arite texts but because they were the most original and highest achievements of the philosophical theology. These texts that aimed at combining all fields of knowledge on a single platform, despite the Ash‘arism they included, constituted the peak of the Islamic thought of the time. In the preference of these texts, the fact that the Māturīdī tradition generally stood, in course of time, distant to the philosophy and chose to continue the kalām in the classical line also played a role. Māturīdī theologians Muḥammad b. Ashraf al-Samarqandī, partly, but Ṣadr al-Sharī‘a al-Maḥbūbī, to a greater extent, were notable exceptions to this general Māturīdī tendency. These figures were theologically Māturīdite, but their framework of producing discourse was the combination of philosophy and kalām as with their Ash‘arī counterparts. Therefore, Ṣadr al-Sharī‘a’s criticism of Fakhr al-Dīn al-Rāzī, and through him, of against the Ash‘arism in the context of muqaddimāt arba‘a was wholeheartedly supported by the Ottoman ulama. Even it was Meḥmed II who sponsored the debates regarding muqaddimāt arba‘a. The works written by such scholars as Muṣliḥ al-Dīn al-Kastallī, al-Ṣamṣūnī, ‘Alā’ al-Dīn al-‘Arabī, Mollā ‘Arab al-Anṭākī, Khaṭībzāde, Sa‘dī Chalabī during his and his son Bāyazid II’s reigns were the supercommentaries written upon the related chapter of al-Talwīḥ, al-Taftāzānī’s commentary on Ṣadr al-Sharī‘a’s al-Tawḍīḥ where the former responded to the criticism of the latter from an Ash‘arī point of view. The Ottoman ulama, in their workswere forced to choose between the two scholars and they mostly supported Ṣadr al-Sharī‘a and Māturīdism. The tradition of philosophical kalām in the Ottoman scholarship, just when it was about to yield significant results, was interrupted due to the struggle against the Ṣafawids. Transformation of this political tension, at the same time, into a fight against Shiism also brought about a constriction in the religious thought of the Ottomans. The reflex of of identifying oneself through ‘the other’ made, to a certain extent, the theological and philosophical debates regarding faith meaningless, and gradually gave the Ottoman Sunnism a doctrinal and political tone. In such a context, the Ottomans’ paradigm of producing thought in line with the philosophical kalām began to lose its function, and, the focus of scholarhsip shifted; Shiism with its all variants were began to be bitterly attacked under the main heading of Rāfiḍa. When the refutation texts composed from the reign of Bāyazid II onward to criticize the Ṣafawids are chronologically analyzed, it is seen that the contents of the texts evolved from criticism of Rāfiḍa to criticism of Sūfism. Ḥanafī fatwā literature was used extensively in these refutations. So the fatwās issued against Rāfiḍa and Ṣūfīs in malāmatī line in earlier centuries in different contexts for different reasons were employed to criticize the new opponents. This caused two important results: First, such an approach proved a boomerang and returned in time striking the Ottoman Ṣūfīs who stood near the line of the Ardabil Shrine before its Shiitization. Ḫalwatīs, Bayrāmīs, Gulshanīs, Baktāshīs and Mawlawīs were the sufi groups influenced by this situation in varying degrees. Second, Sunnism was exposed to the narrowization and centered around the fiqh, particularly Ḥanafī fiqh, in the context of Ḳāḍīzādelīs who were the main adversaries of above mentioned groups. The culture of catechism (‘ilm-i ḥāl) that came to the fore through the efforts of Ḳāḍīzādelīs was a crystallization and was mainly fuelled from this tension. Such a crystallization led the Ṣūfīs, the opponents of Ḳāḍīzādelīs, to a higher level of discourse deemphasizing the Ḥanafī aspect: They underscored the discourse of Ahl al-Sunna and four madhhabs, and mostly turned towards the Shāfiʿī and Ash‘arī traditions to look for support fortheir views. This process during which the emphasis of sharī‘a and tradition began to come to the fore once again paved the way for the zuhd and fiqh-centered religious thought that was maintained from the time of the Seljukids in Anatolia and was influential until Meḥmed II’ reign. Therefore in the Ottomans, particularly starting with the reign of Suleymān I, an intensive emphasis on Abū Ḥanīfa was witnessed. Abū Ḥanīfa was at the very center of the debates revolving around zuhd and fiqh which came about in the same period and in which the sharī‘a sensitivity was a determining factor. Al-Māturīdī, whose name was overshadowed for a long time by the name of Abū Ḥanīfa, but who became prominent in the tradition with Abū al-Mu‘īn al-Nasafī, had to transfer his gains for a period of time to Abū Ḥanīfa. Emphasis on Abū Ḥanīfa looks like a rope that when pulled, all the tradition comes with it. When the topics began to be discussed in a manner that would also include the theological context, the contribution of the works ascribed to Abū Ḥanīfa, namely al-Fiqh al-Akbar, al-Waṣiyya and al-‘Ālim wa al-Muta‘allim to the discussions would be limited. For this reason, the need to refer to al-Māturīdī or to the theological formation bearing his name was inevitable. So, the literature on the points of disagreements between the Ash‘arism and the Māturīdism developed both vertically and horizontally in the 18th century and, corollary to that, the debates of free will as a corolloary to that, once again brought Māturīdism to the fore. (shrink)

In this study, the works of scholars and thinkers whose views on the subject critically evaluated are taken into account. In addition, scientific articles, encyclopedia articles, books and book chapters written by some researchers who are thought to be related to the subject are also used. In this study, a subject-centered literature review is conducted. The data are collected, classified, analyzed and mutually evaluated. In the introductory part of the study, theories about the emergence, development and differentiation of language (...) in general are emphasized. In this context, both the expressions of the holy books on the subject and the examples from the philosophical theories are discussed. In this context, the evidence put forward by those who blessed the language of revelation by identifying it with revelation itself is tried to be determined and evaluated. Here, there are views that both bless and oppose Arabic. Finally, the narrative and rational justifications of those who defend this theory are evaluated. According to the data obtained within the scope of the study, some Muslim scholars and thinkers who belong to different scientific traditions such as language, literature, tafsir, kalam, fiqh, hadith and philosophy have made an effort to sanctify the language of revelation as revelation. However, they had difficulty in justifying their views on the subject. For this reason, the effort to identify the language of revelation with revelation has not been generally accepted in the Islamic world. (shrink)

In this study, the works of scholars and thinkers whose views on the subject critically evaluated are taken into account. In addition, scientific articles, encyclopedia articles, books and book chapters written by some researchers who are thought to be related to the subject are also used. In this study, a subject-centered literature review is conducted. The data are collected, classified, analyzed and mutually evaluated. In the introductory part of the study, theories about the emergence, development and differentiation of language (...) in general are emphasized. In this context, both the expressions of the holy books on the subject and the examples from the philosophical theories are discussed. In this context, the evidence put forward by those who blessed the language of revelation by identifying it with revelation itself is tried to be determined and evaluated. Here, there are views that both bless and oppose Arabic. Finally, the narrative and rational justifications of those who defend this theory are evaluated. According to the data obtained within the scope of the study, some Muslim scholars and thinkers who belong to different scientific traditions such as language, literature, tafsir, kalam, fiqh, hadith and philosophy have made an effort to sanctify the language of revelation as revelation. However, they had difficulty in justifying their views on the subject. For this reason, the effort to identify the language of revelation with revelation has not been generally accepted in the Islamic world. (shrink)

The sciences of kalam and fiqh, which have a special importance in the history of Islamic thought and science, became prominent with their interactions with other sciences in their formation processes and their contributions to the evolution of religious thought. In the literature, the field representing the linguistic, religious, mental and practical aspects of fiqh has become widespread with the concepts of usūl-i fiqh and fürū-i fiqh, and the part about creed as usūlü'd-dīn or fiqhu'l-akbar. (...) It has drawn our attention that Imam Abū Ḥanīfa and Imam Shāfiʿī's ijtihads, fatwas and thoughts have remained up to date in every century without exception in the vortex of overdoing and understatement in these two disciplines. However, there are some narrations stating that although these imams were interested in kalam, they kept a distance from it. Their, famous students also indicated that they gave them advice in this sense. Therefore, this study has been prepared in order to examine the background of the aforementioned issues. For this purpose, the reasons why two imams preferred the science of fiqh in the main axis of the subject were subjected to a general criticism. Consequently, it has been seen that both imams had similar concerns and their ideas have been overlapping in the face of the creed developments of the period. (shrink)

The Muhaddis have demonstrated their efforts for the identification and preservation of ḥadīths by compiling various types of works such as musnad, mucem, sunen, musannef, cami‘.‎ On the ṣaḥīḥs and Sunens in the golden age of classification, especially the works of Abū ʿAbdallāh Muḥammad b. Ismāʿīl al-Bukhārī (d. 256/870) and Ebu'l-Hüseyn Müslim b. al-Ḥad̲j̲d̲j̲ād̲j̲ (d. 261/875) some studies have been done.‎ Mustedrek, Mustakhraj, zawâid, aggregation, summary and commentary are studies on the main ḥadīth sources. From the third century on, in (...) ḥadīth studies, it is seen that the works of the ḥadīths, which the ḥadīths gave importance to, have been dealt with depending on the subject of the authentic ḥadīth and some of their benefits have been explained. Based on the definitions in the method works, istihraj is the determination of the tariks of the narrations in a ḥadīth book by another scholar. The ‎tariq and the ‎producer he reached are sometimes combined with the sheikh of the author of the work, or with a sheikh who is higher up, sometimes even with a companion. In these works, expressions such as al-Muharrec, al-Musnad, es-Ṣaḥīḥ, ‎es-Ṣaḥīḥu'l-Muharrec, al-Müsnedü's-ṣaḥīḥ and al-Müsnedü'l-Mustakhraj are sometimes used instead of the concept of mustahrec. The words "Mustakhrajat has a great value in the eyes of the people of ḥadīth" reveal its value in the eyes of ḥadīth scholars. Scholars valued the genre of mustahraj, which is thought to have contributed significantly to the science of ḥadīth, and they intensified their studies on Bukhari and Muslim, who are considered the basis of ḥadīth science (umdetu'l-ilm). According to the Muhaddis, in order to be able to pass judgment on any narration, it is necessary to have knowledge about the narration and its narrators. Considering the contributions it has made to the ʿulūm al-ḥadīth, to convey more than one narration on the same subject is an important issue. Because, in cases such as its determination, interpretation and preference, determining that the ḥadīth comes from different tariqs (chain) is accepted as a fact that strengthens the narration. The primary goal of the works of the mustahrec type is to obtain the ālī isnād, but it is seen that the copyrighted works contain a significant amount of ‎abuses to the original text as well as to the individual texts. Considering that excess affect the ruling, it is considered important to focus on the mustakhraj type works, which contain different tariks, in terms of the discovery of the meaning and its contribution to the change of the ruling. In this study, an evaluation has been made about the nature of the mustakhraj, its benefits, the value of the mustakhraj as a species, their contribution to the ʿulūm al-ḥadīth in terms of promissory sanad and texts, and what they contain. In the research, the comparison of the narrations selected from the works of the mustakhraj type with the originals and whether the narrations in these works were used in the annotations were investigated. In the study, besides the ḥadīth method works, especially in determining the examples, due to the fact that it is one of the early period works and its reputation, Abū ‘Awāna Ya'kup al-Isferâyînî's ‎‎(d. 316/929) “Musned ṣaḥīḥu'l-muharrec 'ala kitâbi Müslim” In the context of his work named, the concept of mustakhraj has been emphasized. As a result of the research, it can be said that being knowledgeable about the tariqs of the ḥadīths made important contributions to the sanad and text, and that the ḥadīthists referred to the tariqs in the aforementioned literature in the interpretation of the ḥadīth. In summary, in the context of narration and wisdom sciences such as gharib al-hadīth, ıkhtilaf al-hadīth, mushkil al-ḥadīth, ʿIlal al-ḥadīth, nâsiḫu’l-ḥadīth ve mensûḫuh, fiqh al-ḥadīth, it is seen that it makes significant contributions the determination and evaluation of the ḥadīth. Each item mentioned about the benefits of the works in question has a comprehensive study and research field in the science of ḥadīth. It can be said that the methods used/offered in the current researches in which studies on the holistic approach style are carried out are applied by the hadith scholars in the tradition of ḥadīth science (partly in the differences of isnad and commentaries). It is possible to say that the ḥadīthists refer to the tariks in the aforementioned literature in the interpretation of the ḥadīth. As a result of the research, it is understood that the narrations in the mustakhraj support the originals in terms of wording and meaning. In addition to the aim of increasing the prestige of the original, the differences in the isnad and texts show the necessity of evaluating the narrations independently of the original. This study on the mustakhraj shows that extensive research can be done on the place of the related literature in the ʿulūm al-ḥadīth. (shrink)

Along with the legal opinions, the juristic proofs presented to underpin these legal opinions also occupy an important place in uṣūl al-fiqh. Thus, scholars of uṣūl al-fiqh strived to propound the proofs indicating the relevant theoretical principles in an apparent and definite way. As a result, the disputed and undisputed proofs ranked among al-adilla al-shar‘iyya have been abundantly addressed in the classical uṣūl al-fiqh works. However, although it is not mentioned as a part of legal sources in (...) the uṣul literature, there has been another proof subjected to legal reasoning (istidlāl): the practice of the companions. In this study, “the practices of the companions” is used in the contextual meaing of the verbal and practical positions of the entire companions or some of them on a specific topic of uṣūl al-fiqh. By this definition, the concept of the practice of the companions is separated from the concepts of qawl al-ṣaḥābī, ʿamal ahl al-Madīnah and the ijmāʿ al-ṣaḥābah. As a matter of fact, the concept of qawl al-ṣaḥābī signifies an opinion narrated from a single companion and neither supported nor opposed by other companions, and subjected to use of legal inference for obtaining practical legal rulings. In return, the concept of the practice of the companions signifies the position that the companions hold on a topic of uṣūl al-fiqh and does not stipulate the conditions that it must be an opinion of a single companion and be neither supported nor opposed by other companions. In addition, as being related to the legal theoretical issues and not restricted to a certain region, the concept of the practice of the companions is distinct from the ‘amal ahl al-Madīnah. Likewise, it also differed from the ijmāʿ al-ṣaḥābah because the latter concept indicates the consensus of all companions on a practical legal ruling whereas the practice of the companions amounts to both the consensus of the companions and their individual opinions on the matters of uṣūl al-fiqh. Having said that, the concept of the practice of the companions has some overlaps with the qawl al-ṣaḥābī and ijmāʿ al-ṣaḥābah. It is observed in the Hanafi tradition of uṣūl al-fiqh that the practices of the companions are presented as a proof of many principles of uṣūl al-fiqh. This is because of the fact that the companions have a significant role as being the first practitioners of the revelation and the leading figures of the tradition of fiqh. Due to these significant roles of the companions, a central position is given to their interpretation method of the divine text and the technique of issuing legal opinions in determination of theoretical principles. In this study, I examine the impact of the practices of the companions on the Hanafi legal theory focusing on the work of al-Sarakhsī (d. 483/1090), al-Uṣūl, and try to identify how Hanafi legal theory was grounded, departing from, overall or particular, companions’ practices. This study consists of two main parts. First, I provide the conceptual framework by analyzing the concepts of the companion and the companions’ practice. Second, I discussed the theoretical issues rested evidentially on the companions’ practice. Hence, this study excludes the instances of qawl al-ṣaḥābī, ijmāʿ al-ṣaḥābah and the companions’ practice if they are not resorted in proving the uṣūl al-fiqh principles. This work deals with issues on which theoretical principles grounded in reference to the practice of the companions under the headings; Kitāb, Sunnah, qıyās, naskh and alfāz. When instances of the companions’ practice are in abundance in a case, I just focus on the highly representative ones and shortly refer to the others. In the conclusion part, I provide the consequences achieved by this research and some final remarks on the topic. (shrink)

In this study, the classification of Zaydī fuqahā’ that emerged in the mutaaḫḫirūn period of Zaydī fiqh and related terms are examined. The book named Bulūgh al-arab wa-kunūz al-dhahab fī-maʿrifat al-madhhab, which has great importance among the studies aiming to present the Zaydī fiqh accumulation as a uniform doctrinal structure was taken as a basis in the processing of the subject. After an introduction in which Zaydī fiqh studies are evaluated in their relationship with the subject, the (...) issue is handled under three main headings. In the first title, the author and his work are introduced, and in the second and third titles, the methods and terms used in the classification of the Zaydī fukahâ are examined. The author of the work is ʿAlī b. ʿAbd Allāh al-Shaharī (d. 1190/1776) who lived during the period of the Qāsimī dynasty (al-dawla al-Qāsimiyya) in Yemen. The most important feature of the work, which was prepared using many sources that were attributed importance among the Zaydī literature, is that it was the most comprehensive of all that had written on madhhab doctrine until then. The first part of the work explains that the right madhhab to be followed is Zaydiyya. In the second part, the classes of the Zaydī fuqahā’, which is the subject of our study, are explained. The fuqahā’ classes are primarily divided into two parts: al-salaf al-ṣāliḥīn and al-ḫalaf al-ṣāliḥīn. The first dates back to the beginning of the 3rd/10th century. This class is divided into two parts, as al-sābiqūn and al-mutaaḫḫirūn. The sābiqūn starts with ʿAlī b. Abī Ṭālib, his two sons al-Ḥasan and Ḥusayn and ends with the sons of twelve imams who are their descendants. Zayd b. ʿAlī (d. 122/740) is one of the twelve imams. The most important of the faqīhs in the part of mutaaḫḫirūn, which started with al-Qāsim b. Ibrāhīm al-Rassī (d. 246/860), are the six imams called ahl-al-nuṣūṣ or aʾimma al-nuṣūṣ. The reason why they are named as such is that their words were taken as a basis in determining the views of the sect on the field of uṣūl and furūʿ l-fiqh. al-Qāsim al-Rassī is at a point where all the knowledge of the Prophet's family and the principles agreed upon by sābiqūn, reach him through many channels. al-Hādī Yaḥyā b. al-Ḥusayn (d. 298/911), grandson of al-Qāsim, is the most important imam in terms of his position in the madhhab. The ḫalaf al-ṣāliḥīn is also divided into two parts as ahl l-taḥṣīl and ahl l-naẓar. The first part also referred to as muḥaṣṣilūn or aʾimma al-taḥṣīl, has no subcategories. The second part is divided into two sub-sections as ahl l-taqrīr and mudhākirūn. The muḥaṣṣilūn class starts with those who catch up with the last class of ahl al-nuṣūṣ and ends with ʿAbd Allāh b. Ḥamza (d. 614/1217), one of the three important imams. Two other important imams of muḥaṣṣilūn are Aḥmad b. al-Huṣayn (d. 411/1020) and his brother Yahyā b. al-Husayn (d. 424/1032). It is the fiqh activity of the jurists of this class, called taḥṣīl l-madhhab, that brought Zaydī fiqh, which was fiqh of imams (madhāhib l-aʾimma) in its first period, into a single madhhab and to its classical form in the last period. Mudhākirūn jurists lived at the same time as the ahl-t-taqrīr. This period is about 700 years from the beginning of the 6th/12th century, which is the last century of the muḥaṣṣilūn class, to the end of the 12th/18th century, when Shaharī lived. The roles of the ahl al-taqrīr in the madhhab mostly consist of reviewing the works of the ahl-l tahṣīl, approving the correct ones, and correcting the wrong ones. That's why they are so named. The author of Kitāb l-Azhār, Aḥmad b. Yaḥyā l-Murtaḍā (d. 840/1437), is one of the prominent jurists among the ahl l-taqrīr. The majority of Zaydi fuqahā’ belong to the muẕākirūn class. These are the lowest class of the ahl-al-naẓar. As an important result reached in the study, it is possible to express the following: There is a difference between some of the knowledge and opinions in modern Zaydī studies, which include the same subject as Shaharī's work, in terms of the classification of Zaydī fuqahā’ and the terms used. Therefore, the findings and conclusions based on this work should be confirmed by new studies on other Zaydī classics, and existing opinions on Zaydī jurisprudence should be reviewed. (shrink)

In the last decade a body of literature has been written on the phenomenon of `Islamic Feminism,' which closely links it to a human rights discourse in Muslim countries. The term `Islamic Feminism' may seem a paradox, but by using Iran as a case study this article demonstrates that the idea of feminisms in Muslim societies, rather than being paradoxical, is actually a legitimate and potentially powerful force. In this paper Iranian feminists are categorized into four groups: Islamic state (...) feminists, Islamic non-state feminists, Muslim feminists and secular feminists. Each group is differentiated according to their interpretations of fiqh (Islamic Jurisprudence), their use of ijtihad (independent reasoning) and their relations to human rights and to the government. The novel concept of feminist dependency paradigm is also explored. The dependency paradigm investigates the multi-layered dependencies of the feminists to the state, to foreign funders, intellectuals, and to the family. (shrink)

Abu Hanifa's theological ideas were not represented at the same level in every region where Hanafism spread. Although Iraq is the region where Abu Hanifa's jurisprudence views were systematized, Abu Hanifa's theological views were largely developed in the Transoxiana region. However, followers of Abu Hanifa in different regions adopted and defended the distinctive views of Hanafism. However, while in some regions these views were limited to basic theological ideas, in others a systematization was made based on this and thus a (...) comprehensive theological structure was formed. The followers of Abu Hanifa in the Transoxiana region are among the leading Hanafis who established a traditional theological structure around his views. This theological structure, which was called Maturidism in the process, was limited to the region where it was born for a long time and was spread to the west from the 11th century. When the Maturidis, who had a rich literature, came to the west, they encountered small and scattered Hanafi masses who regarded the theological views of the sect as consisting of basic theological ideas. Although they belong to the same fiqh tradition, this theological difference between them has created a new ground on which the two Hanafi factions will interact. With the power of their theological knowledge, the Maturidis tried to include the Hanafis in Iraq and Syria in their theological traditions with the texts they wrote as well as their teaching activities. Ahmad b. Muhammad al-Ghaznawi (d. after 593/1197), one of the Maturidis who migrated to the west, draws attention as one of the names that took part in this effort. His works called Usul al-din and al-Hawi al-qudsi are the first examples where this effort is clearly reflected in the texts. In these works, al-Ghaznawi uses the phrases of al-Aqīdah al-Tahawiyyah either exactly or with some minor changes, and adds Maturidi-specific views, especially the attribute of takwin. With this, al-Ghaznawi, on the one hand, reveals the compatibility of al-Aqīdah, which is the main text of non-Maturidi Hanafis, with Maturidi views, on the other hand, carries the Maturidi views to them with the expressions he added to the text. In this study, this activity of Ghaznawi, which can be described as a synthesis of al-Aqīdah al-Tahawiyyah and Maturidism, will be tried to be revealed in detail through the mentioned works. (shrink)

The Philosophy and logic in Islamic thought, unlike Christian culture, developed uncensored and as a result of great demand. After the biggest translation movement in history, important components of Ancient Greek, Syriac, Persian, Jewish and Hindu cultures were transferred to Arabic. Kalam, which developed earlier in Islamic culture, has also been effective in understanding and accepting the philosophical content. In the beginning, translations were made in fields such as medicine, chemistry, astronomy and mathematics. Philosophy literature was also translated into (...) Arabic due to its close relationship with other sciences and the need to fill the "gaps" in Islamic culture. The philosophy of logic was also transferred to Arab culture in its Aristotelian form. Especially the great influence of Aristotle helped strengthen the thought of logic among Arab philosophers and some theologians. As with other translation content, the logic has been translated into Arabic without any censorship. Contrary to the thinkers of Christian culture, Islamic philosophers learned all the subtleties of logic in a free intellectual environment, and as a result, this fact created a way for them to make a unique contribution to the discipline of logic. Logic, as it has been transformed into Arabic elements in Islamic culture, has been influential in basic areas such as theology, language, fiqh and kalam. In this process, logic, which was handled intertwined with traditional philosophy, has progressed to become a refined thought, especially with the influence of the first great philosopher Fârâbî. Fârâbî is not only a great philosopher but also a great Islamic scholar, and these qualities enabled him to adapt logic to Arab culture and Islamic sciences from his Aristotelian roots. Fârâbî, just like Aristotle, wanted to use logic as a criterion of truth for philosophical fields. Fârâbî, who designed logic under two main headings such as concepts and judgments, adapted logic to Arab culture for Muslims in the reasoning process. This solid construction of logic not only strengthened philosophical thought, but also contributed to the later establishment of a solid structure in Islamic sciences. In this context, the understanding of Islamic philosophy and its transformation with the effect of logic require a close examination of Fârâbî's thought. In our article, we will briefly discuss the pre-Islamic origins of philosophy and logic, and on this plane, we will examine Fârâbî's contribution to philosophy of some basic issues such as God, the classification of sciences, and the philosophical dimension of logic and try to reveal his effects on Islamic culture from a general point of view. (shrink)