Çocuk evliliği, tarih boyunca farklı toplumlarda bilinen ve uygulanan sosyal bir olgu olsa da son zamanlarda, modern duyarlılıkları giderek daha fazla rahatsız eden bir hal almıştır. Son iki asır öncesine kadar, Avrupa hukuki düşüncesinde çocuklar yargı önünde farklı bir muamele görmelerine imkan veren istisnai bir statüye sahip değildi. Diğer taraftan, İslam hukukunun çocuklara, özel bir hukuki statü kazandırma konusunda bazı öncü adımlar attığını söyleyebiliriz. Nitekim, en eski İslam hukuku kitaplarının bile, insanın fiziksel ve zihinsel gelişim aşamalarına ve her bir aşamada (...) ortaya çıkan hukuki hükümlere dair son derece teknik ayrıntılarla dolu olduğunu görebiliriz. Ancak çocuk hakları konusundaki bu erken farkındalığa rağmen, çocuk evliliği olgusu hem İslam toplumlarında hem de İslam hukukunda kendini gösterebilmiştir. Çünkü, İslam çocuk hukuku, ilk ortaya çıktığı dönemin kültürel şartlarından ciddi şekilde etkilenmiştir. Üstelik bu kültürel şartlar, İslam dünyası boyunca İslam çocuk hukukunun temel zemini olma işlevini sürdüre gelmiştir. Bu çalışma, alimlerin çocuk evliliğini delillendirmek üzere yapageldikleri bazı aşırı yorumları ortaya koymaya ve konuyla ilgili âyetleri metinsel bağlamıyla daha uyumlu bir şekilde okumaya çalışmaktadır.Özet: Her bağlam için geçerli olabilecek, standart bir çocuk tanımı yapmak göründüğünden daha güçtür. Bu nedenle çocuk araştırmaları sahasında çalışan akademisyenlerin, muhtelif sosyal disiplinler tarafından yapılacak herhangi bir çocuk tarifi konusunda memnuniyetsizlik içinde olması doğaldır. Diğer yandan, İslam hukukunda baştan beri ayrıntılı bir çocuk hukuku teorisi mevcuttur. İslam hukuk düşüncesinde, insanlar doğum ile yetişkinlik arasındaki gelişim döneminde üç aşamadan geçerler: Çocukluk (küçüklük), buluğ ve rüşt. Bütün fıkıh mezhepleri, insanın doğumu ile ergenliği arasındaki dönemde küçük çocuk sayılacağı kanaatindedirler. Bu çocukların mallarının en iyi şekilde idare edilebilmesi için yasal temsilcileri bulunmak zorundadır. Fakîhler çocuğun velisinin, özellikle de baba veya baba tarafından dedenin, velâyeti altındaki küçük çocuklar üzerinde mücbir bir yetkisi olduğu (velâyet-i mücbire) konusunda geniş bir fikir birliğine sahiptirler. Buna göre veliler, velâyetleri altında bulunan çocukları uygun gördükleri kişilerle evlendirme yetkisine de sahiptirler. Fakat zaman zaman beşik kertmesi olarak da anılan bu uygulama bir ön sözleşmeden ibarettir. Yani bu sözleşme doğrudan doğruya fiziksel boyutları da olan müşterek bir evlilik hayatını meşru kılmamaktadır. Çünkü cinsel hayatın ancak buluğdan sonra gerçekleşmesi ön görülmektedir. Modernite öncesi İslam tarihi boyunca, İbn Şubrume (ö. 144/761), Ebû Bekr el-Esamm (ö. 200/816) ve Osman el-Bettî (ö. 143/760) gibi bir kaç fakih dışında küçük çocukların evlenmesine kategorik olarak karşı çıkan kimselere pek rast gelinmemektedir.Hanefi mezhebinde, herhangi bir zihinsel özrü olmaksızın buluğa eren erkek ve kız çocuklar evlilik konusunda mücbir velâyetin kapsamı dışına çıkarlar. Bu, evlilik sözleşmelerini bizzat gerçekleştirebilecekleri anlamına gelmektedir. Fakat veli, uygunsuz bulduğu evliliğe karşı dava açarak bunu yargı yoluyla geçersiz kılma yoluna gidebilir. Diğer üç Sunnî mezhep ise erkek ve kız çocuklar arasında bir ayrım yapar: Buluğa eren erkek kendi evlilik akdini yapabilme hakkını elde ederken aynı durumdaki kız çocuklar velâyet altında kalmaya devam ederler. Şâfiʿî mezhebine göre, velâyeti gerekli kılan illet (bekaret) hâlâ geçerliliğini korumaktadır. Dolayısıyla veli, kızları evlendirme konusundaki icbâri yetkisini elinde tutmaya devam etmektedir. Bu durumda kızın rızasının alınması, akdin geçerliliği için şart olmaktan ziyade sadece nezaket gereğidir. Rüşte ulaşmak veya fizyolojik olgunlaşma sürecini tamamlamak ise İslam hukukunda evlilik için şart görülmemiştir.Modern zamanlara kadar geleneksel İslam hukukunun erken evlilik lehinde gösterdiği bu yaklaşımda herhangi bir değişiklik olmamıştır. 1917 yılında çıkan Hukuk-ı Aile Kararnamesi daha önce benzeri görülmemiş bir dizi düzenleme getirmiştir: İlk olarak, evlilik yaşı erkek için on sekiz kız için ise on yedi olarak belirlenmiştir. On sekiz yaşın altındaki erkeklerin hakimden evlenme izni alması; on yedi yaşından küçük kızların ise hem veli onayı hem de hakim iznine sahip olması zorunlu hale getirilmiştir. On iki yaşın altındaki erkekler ile dokuz yaşından küçük kızların ise asla evlendirilemeyeceği kararlaştırılmıştır.Mantıkî bağlam ve sentaktik yapı elverişli olmamasına rağmen fakihler çocuk evliliğini desteklemek üzere bazı Kur’ân âyetlerine (Nisâ 4/3-6, Nisâ 4/127, Talâk 65/4) referansta bulunmuşlardır. Makale içeriğinde detaylı şekilde açıklandığı üzere zorlama yorumlamalarda bulunmuşlardır. Bu makale, söz konusu âyetlere daha tutarlı bir yorum getirmeye çalışmaktadır. Aynı şekilde, Kur’an’ın çocuk evliliğini kolaylaştırıcı bir tavır içerisinde olmadığını, çocukların evlendirilebilmesi yönündeki yaklaşımların tarihsel ve kültürel şartlara bağlı olarak yapılan bazı zorlama yorumlara dayandığını ileri sürmektedir.Hz. ʿÂişe’nin Hz. Peygamber ile oldukça erken bir yaşta evlendiğine dair nakledilen rivâyet de konuyla ilgili olarak ileri sürülen başka bir argümandır. Bu rivâyetin sahih olduğuna inanılmaktadır. Buna rağmen ilginç bir şekilde bu rivâyet çok az fakih tarafından kullanılmıştır. Bunun sebebi, fakîhlerin Hz. Peygamberin mahremiyetinden bahsetmek istememeleri olabilir. Rivâyetin hücciyeti konusuna kuşkuya kapılmış olmaları da mümkündür. Söz konusu rivâyete daha yakından bakıldığında, ifadedeki menfi üslup hemen dikkat çekmektedir. Çünkü rivâyette Hz. ʿÂişe, Hz. Peygamberle evlendiği günü anlatırken sürekli olarak fizyolojik ve psikolojik açıdan olumsuz koşullardan bahsetmektedir. Nitekim Hz. ʿÂişe birden bire oynamakta olduğu salıncaktan alınmakta ve kendisinin de bilmediği bir yere doğru götürülmektedir. Rivâyet, sadece çocuk evliliğinin cevazını ortaya koymakla yetinmemekte, sanki aynı zamanda çocukların uygunsuz koşullardaki evlilik taleplerine bile itaatkar olmaları gerektiğini salık vermektedir. İçerik yanında teknik olarak bakıldığında bu rivâyet, haber-i vâhiddir. Çünkü rivâyet, sadece Hz. ʿÂişe tarafından bilinebilecek detayları içermektedir. Tarihî açıdan bir öneme sahip olmasına rağmen dinî hükümlere kanıt olma niteliğinden yoksundur. Çünkü bu rivâyette, râvi konuyla ilgili Hz. Peygamber’e ait resmi bir açıklamayı nakletmemekte; sadece kendi zaviyesinden maruz kaldığı bir durumdan bahsetmektedir. (shrink)

Basic characteristic of Islamic heritage law, principally it has accepted the two-to-one ratio between the male and the female children/siblings in division of heritage. In Islamic inheritance law, the main/basic reason why the share of the male is twice the share of the female is no “value” judgments given to female/women in creation and gender in Islam, on the contrary, are real realities related with the roles and financial obligations that man and woman have undertaken, in other words, (...) related with “socio-economic structure/fact” in the family and society structure foreseen by Islam. As a matter of fact, “need principle” is based on in division and succession of heritageand a fair arrangement has been made in accordance with the rights and responsibilities of the husband and wife in Islamic Law. In some classical tafsīr books, the concept of “degree” in the verse “... Men have a degree (right) over women” (Al-Baqara 2/228) mentioning the mutual rights and responsibilities of women and men; and the expression of “lil al-dhakari mithlu haẓẓ al-unthayain” in the verse –the inheritance of man is the share of two women– (Al-Nisā 4/11) mentioning the inheritance shares of boys and girls is interpreted against the woman by disregarding the intended purpose and socio-economic contexts of these verses. As a result of this interpretation, the share of men in inheritance is twice the share of women in Islamic law is ontologically (existential/creation) based on a justification that “man is superior to woman”. In this article/study, an analyticallook atthe interpretations in some classical tafsīr books on the axis of “daraja/degree” and “lil al-dhakari mithlu haẓẓ al-unthayain” that today sheds light on the sociological-historical background of depriving the daughter from the heritage will be made. Summary: Just as there is no way to determine a person’s sex, it is not either possible by reason to have such an opportunity. - With the possibility of medical intervention nowadays - sex is determined by the discretion of the Supreme Creator rather than will. Indeed, it is mentioned in the Qur’ān: To Allah belongs the dominion of the heavens and the earth; He creates what he wills. He gives to whom He wills female [children], and He gives to whom He wills males (Al-Shūrā 42/49.)In addition to human biological sex, there is also social gender. Indeed, the term “sex” refers to being biologically female or male, while the term "gender" refers to the social and cultural identity of a woman or man, or the social roles that occur in the historical process.Accordingly, while it is not possible to determine biological sex (in normal circumstances in advance), determining gender is shaped by the cultural will of individuals and societies. As a matter of fact, gender is shaped according to the religions, customs and cultures of the societies and it shows differences according to time, culture and family structure. In this context, in the pre-Islamic Arab society, the gender of the girl or the woman was shaped by the custom of the ritual and customs. Indeed, it is a known fact that during the period of Jahiliyyah, in terms of social gender, the girl/woman has been deprived of many social and economic rights, especially heritage. The Qur’ān has brought the girls who, in the period of Jahiliyyah, were oppressed in terms of gender, deprived of many social and economical rights, treated as second class human, embarrassed of themselves and buried alive, to the same position as man. In this context, as it is in every field in the direction of social structure and social conditions of that day, also in the field of inheritance law, a number of regulations were made in the Qur’ān and the Sunnah being the main sources of Islam. The divisions of the inheritance were connected with religious and legal rules and the shares of the inheritance of the sons and daughters were determined by naṣṣ (verses and hadiths).However, in Islamic inheritance law, as a requirement of the structure of family and society accepted by Islam, in principle, “two-to-one” measures have been adopted between male and female children. As a matter of fact, in this aspect, it is mentioned in the Qur’ān: Allah instructs you concerning your children: for the male, what is equal to the share of two females (Al-Nisā 4/11.)On one hand, the principle that Islamic law brings between boys and girls; Seems to be an inequality in terms of the arrangement in which "the inheritance share of the male child is twice the share of the female child", while on the other hand, within the border of in the family foreseen by Islam, this regulation has not been seen as an injustice and inequity by Muslim societies, because in Islamic family law, a man is obliged to ensure the livelihood of the family after marriage. He is also obliged to give his wife her mahr when marrying.In Islamic inheritance law, “necessity principle” is taken as the basis of responsibility that women and man have undertaken in family and society. Therefore, even though giving nothing at all to those who are not in need and giving less to those who are in less need, giving too much to those who are in much need might seem contrary to the principle of equality, it is a necessity of the principle of justice and fairness. As a matter of fact, while "law equality, necessity in sharing" principle, law is arranged according to people's qualifications, goods and wealth sharing is divided according to the needs of people. In this context, there has been a fair division in Islamic heritage law based on the necessity, (distributive) justice and fairness principle. Indeed, the French philosopher Roger Garaudy (1913-2012), who chose /converted to Islam, evaluates the following about the proportion of male child in the Qur'an to that of female child: “When we consider that in the Arab society all the obligations of the family and of the care of the parents and of all the things that we call ‘social security’ today are put on the shoulders of the husband, the hereditary male child's share must be twice as high as the female child’s is”.As Garaudy argues, the difference in the inheritance of women and men in Islamic inheritance law is not a legal discrimination/inequality, but a form of divisiveness stemming from a need based on the role and responsibility that women and men have undertaken in the family and society. Therefore, giving nothing to those who need nothing, giving little to those who need little, and giving a lot to those who need a lot,even though may seem contradictious to the principle of equality, it becomes a necessity of equity and (distributive) justice principle. In this case, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child, is social and economic reasons and it is possible to rank them as follows:1) According to Islamic law, women are not obliged to make their own economic livelihoods. The woman’s economic responsibility belongs to her father or brothers before marriage, and then to her husband after marriage. 2) When a woman is married she is not responsible for herself or other family members’ livelihood. The male is obliged to make a living for himself, his wife and his children.3) While married, the male is obliged to give the wife mahr. The woman has no such responsibility.As it is understood from the above explanations, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child is not about the ontologically “value” based on creation and sex given to the woman (girl child) in Islam. On the contrary, it is the real facts concerning the family and society structure that Islam predicts, the roles and financial obligations that man and woman have undertaken, namely “socio-economic structure/fact”.In some commentaries in classical commentary books, the rights and responsibilities of women and men are referred to, like: the word “degree” mentioned in: …but the men have a degree over them [in responsibility and authority (Al-Baqara 2/228), and the talk about the inheritance shares of boys and girls in: for the male, what is equal to the share of two females (Al-Nisā 4/11). Eventually, the concepts “lil al-dhakari mithlu haẓẓ al-unthayain” have been associated with the gender of the woman/girl child ontologically (based on social fact) by ignoring the referent purpose and socio-economic contexts of these verses. As a result of these interpretations, it was desired that the Islamic law principle of inheritance share of male child being twice the share of female child, ontologically, should be based on a justification that “man is superior to woman”.In this study, some of the era’s dominant culture classical interpretations grounding women's inheritances share on her gender and based on the axis of the concepts of "degree" and “lil al-dhakari mithlu haẓẓ al-unthayain” in the related verses of the Qur'ān will be elaborated. (shrink)

al-Qurṭubī (d. 671/1273) was a scholar of tafsīr, ḥadīth and fiqh. He experienced both Western and Eastern civilizations in the geography of Andalusia and Egypt, respectively. In his famous Tafsīr called al-Jâmi li-Aḥkâm al-Qur’ān, al-Qurṭubī comparatively explained and interpreted all legal verses. Also, in addition to exploring the spesific legal rulings denoted in the Qur’ān and the Sunnah, al-Qurṭubī has largely interpreted the legal norms regarding the issues of jurisprudence. By doing this, al-Qurṭubī contributed to the formation and development of (...) a civil codification activity under a kazuistic format. The casuistic structure of the legal exegesis of the Qur’ān is anlaysed in terms of the form and content in the sample of al-Jâmi. Therefore, neither the similarity or similarity of the schools of the legal exegesis of Qur’ān and of the legal schools nor the disciplines of positive law, but their kazuistic structures, which systems they built and which interpretation methods and techniques they operated on this basis, were evaluated in terms of their original structure. In this direction, the article emphasizes that the casuistic structure of the legal exegesis of Qur’ān is established on and by the Prophet’s sayings and practices. Although, it has been observed that it is a unique tradition, both as form and content, and that the interpretation means are identified with its own unique structure, it has been concluded that the casuistic method is not one of the fundamental elements of both this tradition and Islamic legal thought. This means that the casuistic method is always a tool that can be changed and transformed according to the conditions of time and space.Summary: As it is stated in al-Isrāʾ 17/106: “And (it is) a Qur’ān which we have separated (by intervals) that you might recite it to the people over a prolonged period. And we have sent it down progressive.”, the Qur’ān is revelaed in about twenty-three years by taking into consideration the sociocultural positions of its interlocutors. The Prophet Muḥammad explained the Qur’ān by the virtue of the ayah: “(We sent them) with clear proofs and written ordinances. And We revealed to you the message (i.e. that you may make clear to the people what was sent down to them and that they might give thought.” (an-Naḥl 16/44). Of course, there is no subject integrity in this Qurānic chronology-which also reflects life. As a matter of fact, the issues related to individual and society have been independently analyzed by a casuistic/case-based method and ruled in accordance with the intention of Allāh. It can be seen that the ayahs “They ask you about wine and gambling. Say, ‘In them is great sin and (yet, some) benefit for people. But their sin is greater than their benefit.’ And they ask you what they should spend. Say, ‘The excess (beyond needs).’ Thus Allāh makes clear to you the verses (of revelation) that you might give thought.” (al-Baqara 2/219) and other ayahs such as (al-Baqara 2/186; al-Nisāʾ 4/176; al-Anfāl 8/1) reflect the casuistic method in terms of form and content. This can also be exemplified by the Sunna. For example, when the question “Is it permissible to perform ablutions with sea water?” was posed to Messenger of Allāh. He said that “It’s water is clean and his dead (fish) are lawful “(Abū Dāwūd, “Ṭaḥāra”, 41). By this answer, the Prophet Muḥammad indeed ruled and established a general rule.It can be said that this early example table formed the basis of the legal exegesis of the Qur’ān in terms of origin, source and application, and that its shape and content are often immanent in the examples it contains. In this article, based on the prophetic period, the legal exegesis of the Qur’ān and casuistic structure has been studied with an analytical and critical approach. Again, because the casuistic method is one of the universal concepts of east-west science and cultural life, an interdisciplinary approach was exhibited in this study. The roots of the casuistic method date back to 5000 BC and the legal systems of the society and states of antiquity are examined from this method. This method is chosen and used in the legal exegesis of the Qur’ān. However, this study does not analyse the sameness or the similarity of the legal exegesis of the Qur’ān and the legal schools nor the positive law disciplines, but the casuistic structures used by these, the systems they have built on this basis and the interpretation methods and techniques they have been used and analyzed in terms of their originality.In effect, the article embodies the Qur’ānic exegesis called al-Jâmi li-Aḥkâm al-Qur’ān by al-Qurṭubī (d. 671/1273), a scholar of tafsīr, ḥadīth and fiqh. In addition to the works of the aḥkām al-Qur’āns, which deal with the interpretation of the ayahs related to the subjects of ʿibādāt, muʿāmalāt ve ʿuḳūbāt, many other works have been used in parallel with the development of the legal exegesis of the Qur’ān. al-Qurṭubī, who comparingly explained the legal verses in his tafsīr, investigated the aspects of the Qur’ān and Sunna that indicate the aḥkām, generally interpreted the existing legal norms within the framework of evidence and introduced his own opinions and etasblished his ijtihād. Thus, he benefited from the tafsīr accumulation and contributed to the formation and development of a civil legalization activity with casuistic format. As a matter of fact, the casuistic/case-based method has been used as a codification/tadwīn technique by Western and Eastern legal disciplines and systems. The casuistic method covers both concrete event and abstract ruling methods. In the casuistic method, which is fact-based event, the laws are organized according to all possible events that can be experienced. On the other hand, the abstract method, which is defined as the abstract ruling method, aims to organize the laws in a general and abstract framework. In the article, it is stated that the legal exegesis of the Qur’ān contains both concrete and abstract dimensions in its own way. It has been emphasized that the legal exegesis of the Qur’ān is based on divine revelation (waḥy) and that it is separated from human law as its origin and source, and that this feature is its most faithful characteristic. On this basis, the legal exegesis of the Qur’ān is a separate scholarly tradition and has its own definition, subject and purpose. Its original structure and function have been noted. As a matter of fact, the subject and purpose of the legal exegesis of the Qur’ān always require the tafsīr and taʾwīl of the legal verses having regard to the Qur’ān and Sunna. It is also necessary for the purpose of investigating the ways in which nuṣūṣ (an explicit statement upon which a ruling is based) can refer to the provisions and to resolve the issues related to individuals and society. As a matter of fact, the legal verses function as a guide for humanity until the day of judgment as the inspiration for religious-legal matters; they contain the content and provisions that offer happiness in the two worlds. (shrink)

The concept of Conciliation Ethics in the Qurʾan is a crucial aspect of Islamic Law: Conciliation features notably in the Qurʾanic text which gives rise to Islamic rules and regulations, Conciliation is an important dispute resolution method in an Islamic legal system, and Conciliation-related Qurʾanic textual analysis reveals a broad range of legal language and concepts. Traditional studies of Conciliation in the Qurʾan have often focussed on the process of ṣulḥ through intermediaries, particularly in marriage and between (...) groups of Muslims, whilst there is a dearth of Western scholarship in this area. Using Classical Arabic tafsīr and Western literature on Conciliation as a general concept, this paper examines holistically and analytically the concept of Conciliation Ethics in the Qurʾan, investigating its scope, constituent elements, emphasis and purpose. This paper argues, based on a manual survey of the entire Qurʾan, that Conciliation is not limited to isolated contexts or verses where ṣulḥ is mentioned explicitly. The paper finds that Conciliation is a pervasive concept throughout the hierarchy of social relationships. It is achieved through behaviours such as good conduct, attitudes such as ‘Differentiation’ and ‘Externalisation’ and preventative strategies of dispute avoidance, and sometimes includes a contract or Reconciliation process. It is emphasised in the Qurʾan through a range of stylistic features and is of fundamental importance in maintaining the fabric of society. (shrink)

Sexual and reproductive health is a challenge worldwide, and much progress is needed to reach the relevant UN Sustainable Development Goals. This paper presents cross-sectional data collected in Sierra Leone on sexual and gender-based violence, family planning, child, early and forced marriage, and female genital mutilation using an innovative method of measurement: situational judgment tests, as a subset of questions within a larger survey tool. For the SJTs, respondents saw hypothetical scenarios on these themes and had to indicate how they (...) would react. The objective is to give an impression of beliefs and norms on specific behaviors, which provide insights for social and behavior change interventions. Data was collected by enumerators traveling to villages randomly selected in six districts of the country. The sample is composed of 566 respondents. Results show that FGM in particular seem to be a priority topic, in comparison to the other topics for which the norms seem to be stronger against those practices. Age differences emerged and suggest priority groups to be targeted. In terms of validity of the measurement methods, situational judgment test answers correlated positively with other items in the survey, but the magnitude of the association is often small, and sometimes not significant. Thus, more studies are needed to further explore the validity of this measure by comparing against a reference value. Using SJTs could complement other data collection tools to perform community assessment, and orient the direction of the program in its planning phase. (shrink)

Islamic scholars have specially focused on iʽjāz al-Qur’an, which expresses the universality of the Qur'an, its inaccessible superiority and the divine character and they tried to understand iʽjāz al-Qur’an within the environment they grew up and with the knowledge they have. Some of the scholars who are try understanding are the commentators belonging to the Ibāziyya sect, which was formed in the early period of Islamic history and continues to exist today. In this article, it is aimed to (...) examine the approaches of Ibāzī commentators to iʽjāz al-Qur’an. In addition, the purpose of the study is to determine iʽjāz, miracle and tahaddī in Ibâzî tafseers and in some Sunnī sources and to prepare the ground for the comparison of the views of both thought systems on these issues. As a result of the research, it has been understood that Ibāzī commentators have the same opinion that the Qur'an has challenged with its text and content, nothing like it will ever be created and that it is a valid miracle until the Day of Judgment. Moreover, it has been seen that the Ibāzī commentators and Sunni scholars have similar perspectives on iʽjāz al-Qur’an. The exception to this is the relationship established by Ettafeyyish, one of the Ibāzī commentators, between tahaddī and the creation of the Qur'an. The reason for the difference in their views can be explained by the influence of sec-tarian thought and similarity between the views of Ibazi and Sunni scholars, can be explained by their approach to the iʽjāz al-Qur’an with a transcendentalist (tanzihī) understanding and the by fact that their tafseer sources are the same. (shrink)

It would be an anachronism to search for modern democracy in the Qur’an that is the first among the other sources of Islam, i.e. Sunnah, ijma and the qiyas. To deduce the definition of Islam merely on the basis of the primary and secondary textual sources rather than the application of them as Muslim praxis would be an incomplete hermeneutic process in understanding it. We can see that the state and the religious society, which was represented by ulama, were separated (...) from each other in an early stage of Islamic history. The members of ulama were in charge of the intellectual and social life, the law and its application. The values of the modern democracy such as law and order, separation of state authority from the public sphere, observing the fundamental rights and freedoms of individuals such as women and religious minorities as the inseparables of democracy were upgraded in Muslim societies. This structure of Muslim society, however, was spoiled by colonialist interventions and the adoption of the modern nation-state concept. (shrink)

The subject of general utterances (al-lafdh al-āmm) being certain or presumptive in their usage as an indication to all their members is controversial amongst the methodists. Ḥanafī methodists suggest that the indication of general utterances to all of their members as certain and unless they are specified with a certain evidence, they can’t be specified with a presumptive evidence. Like the ḥanafī methodists, the ẓāhirī methodists also suggest that the general utterance is certain indicant for all of its members and (...) can be specified only with another evidence in the same rank. The main difference between the two groups focuses on whether al-khabar al-wāhid (single prophetic narration) is a certain or a presumptive evidence in terms of certitude. According to ḥanafīs, al-khabar al-wāhid is a presumptive evidence and unless the general utterances in Qur’ān are specified initially with another certain evidence, they can’t be specified with al-khabar al-wāhid. However, al-khabar al-wāhid is a certain evidence according to ẓāhirīs and it can specify general utterances in Qur’ān. In this study, the comparison of the views of the methodists of two schools regarding the indication of general utterances in Quran and their specification (takhsīs) with al-akhbar al-wāhid is made and their influence on Islamic Law regulations is studied afterwards. In this study, the two sect’s approaches are compared over the provision of reading al-Fatehah during prayer, the number of milk sucking to establish the kinship, the rights of women divorced with bain talaq and the execution of the death penalty in the Harem region.Summary: The purpose of this study is to try to demonstrate that an assertion in the Ph.D. thesis, The History and Doctrine of Ẓāhirī Madhhab, completed by Amr Osman in 2010 is incorrect. It can be summarized that in his study, Amr Osman claims that the affiliation of the schools to ahl-al-hadith and ahl-al-ra’y in conventional classification is wrong. According to him, contrary to what is known, the School of Ẓāhiriyya is closer to School of Ḥanafiyya rather than schools coming out of ahl-al-hadith. In this study, one of the arguments that he relied on to support his claim is studied in order to prove that his claim was inaccurate. Osman claims that ẓāhirīs are closer to ḥanifīs, based on the view that in both schools the general utterances embrace all of their members in their usage and they are a certain indicant to all of their members. At this stage, although the views of both schools are common, the ḥanifīs don’t accept the idea that the general statements of Qur’ān can be established with al-khabar-al-wāhid, those which they acknowledge as presumptive as of certitude. However, according to the ẓāhirīs, the certitude of al-khabar al-wāhid is as precise as the narrated report, so it can specify the general statements of Qur’ān which are in equal power. The related dispute between the schools has been reflected on many Islamic law regulations. Some of them are:1. Ḥanafīs state that the correct Quranic prayer may be performed by reading any or a few verses of the Qur’ān in prayer, which is a practice based on the verse “Read what you can read from the Qur’ān now”. On the other hand, the ẓāhirīs have established the related order based on the report “There is no prayer without reading Umm Al-Quran (Surah al-Fatehah)” and it is obligatory (fardh) to read Surah al-Fatehah in prayers.2. Because that the terms milk-mother and milk sister are in general form in the verse “It is forbidden to you to marry these people...Your milk-mothers who nursed you, your milk-sisters who nursed you” the ḥanafīs clarify that it is sufficient for a child to breastfeed only one time in order to form a milk-kinship. They do not act in accordance with the solitary report (al-khabar-al-wāhids) which indicate that the milk kinship specifying the verse shall only be formed with at least three or five breastfeeding. However, one of the ẓāhirīs, Dāwūd al-Ẓāhirī, has specified the verse with the report indicating that the kinship shall not be formed with less than three breastfeeding by the child, and Ibn Ḥazm has specified it with Salim hadith which indicates that the kinship shall be formed with five breastfeeding.3. According to ḥanafīs, there is an alimony and inhabiting right of the widow woman to be procured by the husband within the period of delay who divorced her either with irreversible divorce (talāq al-bāin) or reversible divorce (talāq al-ric‘ī) according to the generalization of the verse “Give shelter to them (the women you have divorced) in some part of your household within your capacity.” They did not act with the report of Fātima binti Qays, who specified the generalization of the verse. On the other hand, the ẓāhirīs recognize the abovementioned rights only for the women who got divorced with irreversible divorce or the ones who are pregnant, specifying the verse with the report indicating that His Holiness the Prophet does not grant alimony and inhabiting to the woman who was divorced with reversible divorce.4. According to ḥanafīs, the criminal who committed a crime that would require a death penalty and took refuge in the Harem region could not be executed while in Ḥarem, according to the common statement of the verse, “Whoever enters there, will be safe.” Dāwūd al-Ẓāhirī, one of the ẓāhirīs has specified the verse with the report indicating that His Holiness the Prophet has authorized the execution of the sentence to Ibn Khattal in Ḥarem on the day of the conquering of Mecca and he states that the death sentence can be executed wherever the criminal is caught, even if it is inside the Harem. Ibn Ḥazm shares the same view with ḥanafīs regarding the provision of this issue. However, the reason for his opinion stems from the fact that the report about Ibn Khattal was an event specific to that day. As it is seen, even though the ḥanefīs and ẓāhirīs share the same opinion about the general utterances being a certain indicant to all their members, they have disagreements upon the argument about the general utterances of Quran being specified by al-khabar al-wāhid and many Islamic Law regulations have been issued by these schools based on such disagreements. According to us, in the final analysis, Amr Osman’s claim must be met with caution. (shrink)

Bangladesh is a Muslim-majority society with more than 163 million people. Most Bangladeshis hold the ideals of Islamic norms and values which is manifest in all sorts of socio-cultural behaviour. In reference to such values, the tradition of legitimizing child marriage in Bangladesh is the issue that needs to be addressed in a holistic yet rigorous approach. Currently Bangladesh ranks 4th in the world and 1st in Asia in terms of child marriage. Recently the Child Marriage Restraint Act 1929 (...) has been abolished and it has been replaced by the Act of 2017 preserving article 2 of the previous statute, the legal age for marriage for a boy 21 and for a girl 18. This Act adds article 19 which legalizes minors (below 18 years of age) to be married off with the consent of the parents/guardians at the presence of a magistrate under “special circumstances” deemed with securing the best interest for them. The law artfully coincides with the Muslim Marriage Law which allows participants of 15 years and above to get legally married and as such contradicts the international law and the Act of 2017 itself. In the West intimate relationships including extra-marital cohabitation before reaching 18 years of age are culturally accepted. In contrast, such extra-marital and intimate relationships are strictly prohibited in Muslim-majority societies, which are dearly adhered in Bangladeshi Muslim culture. This study examines how the religious cultural and socio-economic realities influence child marriage practice in Bangladesh. Along with secondary documents, we interviewed 22 individuals including the Deputy Commissioner, the District Women and Children Affairs Officer, elected Union Parishad Chairman and Members, Social Workers, married couples and their parents/guardians at Manikganj district. In addition, we also conducted a mass survey with 62 randomly selected participants, and a voluntary online survey where the opinion of another 53 young students were collected to find broad opinion. We also collected stories of how marriages take place at the rural, urban and sub-urban areas in Bangladesh. The study has revealed that Bangladeshis does not support marriage at early ages but socio-economic reality often pushes poor into getting their children married at early ages. Many view that the special provision may encourage child marriage in the country. This study suggests that the government of Bangladesh should redefine public policy in regard to finding a middle ground between Islamic ethics and international values by exploring isomorphic mimicry and other socio-culturally accepted measures with a view to abolishing child marriage successfully. (shrink)

In the midst of available studies on the relation between technology or science and religion, one of the vital and early episodes of this relation within the Islamic tradition did not receive the due attention from modern researchers. This episode has to do with the discussions of Muslim scholars on using the then emerging technology of printing to reproduce the sacred scripture of Muslims, namely, the Qur'an. The main discussions among the ‘ulama on this issue took place in the (...) eighteenth and nineteenth centuries when the Ottoman Empire was an important power in the Islamic world. The main question raised here is: what are the juristic arguments used by the ‘Ulama to justify their objection to print the Qur'an? At the end, this article argues that these arguments have not been the sole agent in this issue. Social reality also played an important role and was ultimately, at least partially, responsible for a considerable shift in the standpoints of the ‘Ulama towards this issue especially from the nineteenth century onwards. (shrink)

This study highlights various totalitarian and undemocratic practices in which Bangladesh’s current Awami League-led coalition regime engages. It shows that since its inception in early 2009, the regime has tried to mobilize and manipulate public support from within through—among other means—creating the discourse of “war crimes” and to obtain international support through the discourse of “Islamism” and terrorism. Although “a secular plan” to combat and replace “Islamism” may soothe the nerves of many in the international community, its deployment in Bangladesh (...) has paradoxically produced a dangerous culture of disappearances and extrajudicial killings, infringements on freedom of speech and the stifling of dissenting voices, and the interception of opposition programs and the torture of opposition leaders and activists. The regime has also made a mockery of the law and the country’s judicial system. Many commentators believe that the country’s law courts are now simply an extension of the regime’s political clout. In these circumstances, political repression continues unabated, and victims of persecution are left with inadequate legal recourse. In the name of combating “Islamic terrorism,” Bangladesh’s ruling regime has resorted to a reign of terror that is in many respects tantamount to what we know as fascism. (shrink)

Verse 4:34 of the Qur'an has historically been interpreted to give husbands authority over their wives. Even today, such as in a recent case in the United Arab Emirates, Islamic courts have held that the husband has some leeway in "disciplining" wives who act in a rebellious manner to their husbands. This article challenges this interpretation through a comprehensive legal analysis, taking into account the context under which the verse came about, including the societal norms and conditions of the (...) time; the Prophet Muhammad’s profound views against violence towards women; the values of marriage emphasized in the Qur’an; the Qur’an’s incremental approach to improving social behavior and practice; and the higher objectives of Islamic law. (shrink)

Similar words and utterances in the Qurʾān are the subject of the technical term lafẓī mutashābih. The rephrasing of meanings (maʿnā) and use of different words (lafẓ) in the Qurʾān are dealt with under the rubric of the theme “Qurʾānic style.” The stylistic variations in the Qurʾān are expressed as takrār al-Qurʾān, tasrīf (Affix and Paraphrase), ʿudūl (inversion), and tafannun (stylistic variation). However, when compared with other terms of exegesis, “tafannun” remained in the background and its conceptualization was thwarted. This (...) could be attributed not only to other concepts brought to the fore but also to the fact that tafannun underwent semantic restriction and was confined to iftinān within the framework of badīʿ. This study aims to clarify the true meaning of tafannun which reflects stylistic variations in the Qurʾān and revealing the contribution of this term to the more appropriate interpretation of the Qurʾān, assessing its significance for the field of tafsīr. The first chapter of this study deals with the etymology of tafannun, its historical background and conceptualization as well as the relationship between iʿjāz (inimitability) and tafannun in the history of tafsīr, while the second one identifies and illustrates the kinds of tafannun to expound on the true nature of this concept.Summary: Similar words and utterances in the Qurʾān are the subject of the technical term lafẓī mutashābih. The change and variety of the rephrasing of meanings (maʿnā) and words (lafẓ) in the Qurʾān are dealt with under the rubric of the theme “Qurʾānic style.” The stylistic differences and variations in the Qurʾān are expressed in the literature with terms such as takrār al-Qurʾān, tasrīf (affix and paraphrase), ʿudūl (inversion), tafannun (stylistic variation). However, in the terminology of exegesis, the term “tafannun” remained in the background, and its conceptualization was thwarted. This could be attributed not only to other concepts brought to the fore but also to the fact that the word tafannun underwent semantic restriction and therefore was confined to iftinān within the framework of badīʿ. Yet in earlier times it was widely used in the exegesis literature as part of Arabic language to identify the stylistic variations in the Qurʾān. Starting with 8th century AH, there have been numerous references to the term tafannun. From 9th century AH to present, many Muslim exegetes, especially Ibn Āshūr (1879-1973) used tafannun as one of the fundamental concepts to understand and explain the proper meaning of the Qurʾān. This study aims to clarify the true meaning of tafannun which reflects stylistic variations in the Qurʾān and revealing the contribution of it to the proper interpretation of the Qurʾān, assessing its significance for tafsīr. The first chapter of this study deals with the etymology of tafannun, its historical background and conceptualization as well as the relationship between iʿjāz (inimitability) and tafannun in the history of tafsīr, while the second one identifies and illustrates the kinds of tafannun to expound on the true nature of this concept.According to the result of this research, iftinān means following various styles and genres (types), while tafannun denotes variations in styles and genres (types). In vernacular, these two terms are considered the same. The term iftinān was dealt with in some works under the subject of muhassināt al-maʿnaviyya within the framework of badīʿ. In the Arabic literature, when the definition of the term iftinān was given, the term tafannun was not defined under any section of any book or any other place in the rhetoric of science. Tafannun is used to express the way any action is carried out, as it is mentioned in the definition of iftinān.The word tafannun was used to demonstrate the expertise, depth and mastery of Islamic scholars in one or various fields of Islamic studies in the early works of Islamic literature. In later times, the term iftinān was used to show rhetorical and oracy skills of a person. Abū Hilāl al-ʿAskarī (d. 400/1009) define tafannun as “the variation in words while two paragraphs bear the same meaning.” His definition proved to be a turning point in the conceptualization process of the word tafannun. Al-Zamakhsharī (d. 538/1144) was the first Islamic scholar to refer to the word tafannun in the interpretation of the Qurʾān. He used the words iftinān and tafannun in the same sense in his works. He mostly regarded examples of iltifāt as iftinān. Abū Bakr al-Rāzī (d. 666/1268), establishing a connection between tafannun and repetition, stated that the term tafannun was used to avoid boredom of repetitive diction.Among other authors who used the term tafannun in their works, Bayḍāwī, (d. 685/1286), Nīsābūrī (d. 730/1329), Ibn Cemāʿa (d. 733/1333), Abū Ḥayyān (d. 745/1344), Samīn al-Ḥalabī (d. 756/1355), Zarkashī (d. 794/1392), Suyūṭī, (d. 911/1505), Ḥaṭīb al-Shirbīnī (d. 977/1570), Shihāb al-Dīn al-Khafājī (d. 1069/1659), Ālūsī, (d. 1270/1854), Muḥammad ʿAbduh (1849-1905)-Rashīd Riḍā (1865-1935) and Ibn Āshūr are the notable ones. Rather than merely defining the term tafannun, the majority of these commentators emphasized the function, benefit and aim of this word. Thanks to the use of this word by these commentators, a distinction was made between tafannun called iftinān as a literary device in the science of badīʿ and tafannun gaining a new meaning used to express stylistic variations. As a result, two words with the same dictionary definition were distinguished from each other during the conceptualization process. Among the authors using the word tafannun, Ibn Āshūr clearly defined the term and contributed significantly to its conceptualization. He defines the word tafannun as the uniqueness of the Qurʾān in employing stylistic variations by offering synonymous words in case of iʾtirāz (discursive), tanzīr, (resemblance), tazyīl (appendix) and takrār (repetition), creating the most comprehensive definition until that time.Tafannun is also defined as expression of the same meaning through re-signifying, stylistic variation in two verses, difference in the repetition of parables, variations in choice of diction and synonymous words, and avoidance of repetition. As a result of its definition, the word tafannun also denotes providing stylistic variations, using vivid language, avoiding prosaic diction, using denotative and connotative language, helping readers to grasp shades of meaning and read between the lines in the most clear and economic way.In the related literature, there are a lot of references to the word tafannun when demonstrating iʿjāz of the Qurʾān. When looked at the historical development of the relationship between iʿjāz and tafannun, it is observed that tafannun was accepted to be an element of iʿjāz. Defined as providing stylistic variation, tafannun is employed in various ways. The literary devices used to carry out tafannun are through ʿudūl, iltifāt, taqdīm and taʾhīr, change of utterances, use of synonymous words, objection, resemblance, and addition. In the proper interpretation of the Qurʾān, tafannun has a comprehensive usage, making many more academic studies a necessity with a view to making a significant contribution to a deeper and better grasp of words and shades of meanings employed in the Qurʾān. (shrink)

Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, -and limited the maximum number of wives to four. Although polygyny is mubah (permissible) in Islamic law, it is not an absolute right that every man can use arbitrarily. Thus in Islamic law, the legitimacy of polygyny (...) has been attributed to the presence of two basic conditions: the observance of justice among co-wives and providing maintnance. However, the observance of these conditions that is left to the mercy of men leads to the exploitation of the right for practicing to polygyny and victimization of the first spouse. Therefore, inserting some restrictions for using this right has come to the agenda from time to time in Islamic legal history. The first legal arrangements concerning the restriction of the polygyny (taaddud al-zawjāt) in the history of Islamic law were indirectly made with the Family Law Decree of 1917 which was prepared in the last periods of the Ottoman Empire. Among the late Islamic jurists, the issue of the limitation of polygyny by public authority in Islamic law continues to be discussed. The civil laws of contemporary Muslim countries contain different regulations on the issue. In this article, the restriction of polygyny by the public authority in Islamic family law will be focused on.Summary: Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, and limited the maximum number of wives to four. Thus, relevant verses in the Qur’an (al-Nisa 4/3, 129) and the Prophet’s own practice (al-Ahzab 33/50, 51, 59 al-Tahrim 66 / 3-5) show that it is legitimate for a man to marry more than one woman (up to four) at the same time in Islamic law. Although polygyny is legally permissible (mubah) in Islamic law it is not an absolute right that every man can arbitrarily use. Thus in Islamic law, the legitimacy of polygyny has been attributed to the presence of two basic conditions: the observance of justice among co-wives and providing maintenance. On the other hand, there may be some exceptional circumstances permitting polygyny in Islamic law. For example, when female population is much more than male in the society and when a, woman is can not fulfill her family duties due to her cureless illness, polygyny is permitted in Islamic law.As it can be understood from the explanations above, polygyny in Islamic law is not a general and mandatory provision that should be applied by every man who has legal capacity to marry. On the contrary, it is an exceptional provision that is justified if there are certain conditions and justifications. According to this; polygyny is a moral and legal institution that is made up of mutual consent based on individual and social conditions and needs in Islamic law. Therefore, men do not have to marry a second woman on their current wives, as well as women have the right to say “no” to marry a married man as a second wife.When the conditions and rationales indicated in the relevant verses and doctrine are evaluated together, it can be said that in order to be able to legitimize the polygyny in Islamic law, there must be three basic conditions:(1) Observing justice among spouses, (2) Having sufficient financial power to provide maintenance for spouses, (3) Existence of individual or social need or necessity.Therefore, in order to prevent the exploitation of polygyny, which is justified under certain conditions and justifications in Islamic law, the above-mentioned conditions must be fulfilled. Otherwise, polygyny can cause some problems, unrest and injustice for individual, family and society. Hence, in the presence of certain conditions and justifications, polygyny accepted in Islamic law as a moral and legal institution aiming the elimination of individual and social arbitration.Although the legitimacy of polygyny in Islamic law depends on the existence of certain conditions and special circumstances, it is a known fact that they are not always observed in practice. It can be said that the right of polygyny is a subject of abuse in practice. Therefore, the limitation of polygyny by the public authority has come to the fore in Islamic legal history. Today, control of the public authority and inserting some restrictions of polygyny continue to be discussed among the Islamic jurists. In the past, it is possible to say that the control of the exercising of this right has been done relatively by society (social environment). However, nowadays, since the society cannot perform the control mechanism, it is brought up by the state (public authority) on behalf of the society.Among the contemporary Islamic jurists regarding the supervision or limitation of polygyny by the public authority; there are two approaches: “those who accept” and “those who do not accept” such restrictions.Islamic jurists, who accept that public authority is allowed to intervene in polygyny, grounded their views on two perspectives: The first is that the polygyny is legally permissible and the public authority has the authority to limit the permissible (mubah) in Islamic law. The second is that polygyny is restricted with the conditions in the Qur’anic verses such as “husband’s observation supervision of justice among his wives” and “having the power for ensuring the livelihood (nafaqa) of his wives” and it is more appropriate for the benefit of society and the purpose of the legislator (Shari’) to be subject to the control of the public authority whether these conditions are present or not. Islamic jurists, who do not agree that the public authority has the right to intervene in polygyny grounded their views on two perspectives as well: First, polygyny is a legitimate right mentioned in the verses in Islamic law and there is no definite proof that this can be prohibited or restricted by the public authority. Secondly, it is contrary to the verses to prohibit or limit the right that the Qur’an makes legitimate (free).Thus, it is possible to say that the opinion which accepts that the public authority has to limit polygyny is more accurate in terms today’s social conditions. Namely, polygyny is linked to two basic conditions: ”husband’s observance of justice among his wives and having the power to provide maintenance for his wives. Therefore, supervision of the public authority on checking the existence of these conditions is more appropriate for the purpose of the legislator (Shari legitimizing polygyny and social benefit.In fact, the Ottoman Family Law Decree of 1917 indirectly limited the right of the husband to marry more than one woman, giving the woman right to stipulate a condition in her marriage contract that her husband not to marry a second woman. In the 1924 Draft of Family Law Decree, which was prepared after the repeal of the Family Law Decree of 1917, but not enacted, it was proposed that the application of polygyny should be presented to the approval judge.In today’-s Muslim countries, there are three different practices: namely “completely prohibiting polygyny”, ”releasing polygyny” and “giving the court the right to monitor the existence of necessary conditions “. In countries such as Morocco, Algeria, Iraq, Syria, Indonesia, Malaysia (and Pakistan), the validity of polygyny depends on the permission and supervision of the judiciary. Some of these countries which have accepted judicial review have given the judicial control for the requirement of justice, some of them the conditions of justice and maintenance some of them for the conditions of justice, maintenance and a legitimate justification.In sum, in accordance with the provisions of the relevant verses, polygyny in Islamic law is legitimately permissible (mubah). However, the public authority has the right and authority to limit the mubah in Islamic law in the case of the elimination of damage and the necessity of the public interest. On the other hand, the public authority has the right and authority to enact the law in Islamic law by preferring one of the existing ijtihads that meet the needs of the society and conforms to the conditions of the age.According to this, when the public authority made a statutory regulation that links the use of right of polygyny to the permission of the judge, this regulation is binding on society.Therefore, in the event of such a legal arrangement, it is possible for the public authority to allow the men who comply with the conditions and not to allow the ones who are not to comply with the conditions after conducting the necessary investigation. As a matter of fact, now Family Laws of many Muslim countries now include such legal arrangements. It is also worth mentioning here that there may be a necessity for a man to marry more than one woman (up to four) at the same time in terms of social benefits, when the population of male and female in a society is excessively disproportionate. In such circumstances, it is also possible that the public authority encourages, or even mandates, the marriage of men who have fulfilled the conditions to more than one woman. (shrink)

In the field of ʿUlūm al-Qurʾān, in which the conceptual framework of the science of interpretation is drawn and the main rules used in tafsīr are discussed, independent books have been compiled since early periods. Some of these works stand out as foundational texts because they make important determinations about the nature, function, methodology, and relationship of the science of tafsīr with other Islamic sciences. The masterpiece entitled Fahm al-Qurʾān by al-Khāris al-Muhāsibī, a scholar of sufism, tafsīr, kalām, and (...) hadīth is one of these books. Al-Muḥāsibī was a writer who lived in a period when philological and Sharīʿah sciences gained a systematic structure and schools were born and developed. Muhāsib'i's multifaceted scholarly depth, the requirements of his time, and the characteristics of his work distinguish Fahm al-Qurʾān from other works in the field in terms of its problematic, content, and style. It can be said that Fahm al-Qurʾān consists of two main chapters. In the first chapter, the issues of kalām, meaning, and reason are subjected to a quiddity inquiry. In the second chapter, the linguistic aspect of kalām is emphasized and the content and style of the Qur'ān are discussed under the headings of muhkam- mutashābih, naskh and üslūb al-Qur'ān. In this work, al-Muḥāsibī suggests that before asking How we should understand the Qur'ān?, the reader should ask What exactly is being understood and what is meaning? The first of these questions includes the question Who am I? While the sources of The Sciences of the Qurʾān mostly focus on how to understand the Qurʾān at the epistemological and methodological level, in Fahm al- Qurʾān, the meaning of understanding the Qurʾān is problematized and a theory of reason and meaning that is competent with moral training is built. Thus, the conceptual inquiries of the work extend to the existential philosophy of the author. Despite these privileges, it is surprising that Fahm al-Qurʾān did not gain a prominent place among the main sources of tafsir methodology in later periods. This may be due to the theorization of a theory of meaning in which moral maturation is placed at the center. In this research, while trying to reveal the original value that Muhāsibī added to the field with Fahm al-Qurʾān, the systematic structure of the science of interpretation, its connection with other religious sciences, the relationship between speech adjective and language were made problematic and tried to be resolved in the context of the research hypothesis. In this context, it has been determined that al-Muḥāsibī's Fahm al-Qurʾān draws the conceptual framework of tafsīr methodology in relation to the authentic structure of the sharī'ah sciences at a very early period. The fact that Fahm al-Qurʾān carries important signs regarding the position of tafsīr in the hierarchy of sciences and its relationship with other sharī'ah sciences increases the value of the work in identifying the codes of the traditional paradigm. In the research, in which induction methods were used in text analysis and deduction methods were used in discourse analysis, it was determined that Fahm al-Qurʾān had a fiction that shapes the traditional paradigm and depicts the authentic structure of religious sciences. (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)

In this article, the subject of Jesus and the Gospel is discussed according to the Qurʾān. This study focuses on the position of Jesus and the nature of the Gospel from the perspective of the Qurʾān about the perception of Jesus and the Gospel in the Christian belief. The issue of Jesus and the Gospel has been the subject of different understandings and discussions between Muslims and Christians from the first periods of Islamic history until today. There are serious (...) confusions around them both within the Christian world and Islamic world. Even if there are common points between the information contained in the New Testament and in the Qurʾān on these issues, this information does not agree with each other. While Jesus and the Gospel described in the Qurʾān are not independent and not detached from the historical process of divine revelation; Jesus, which was placed in a superior position in Christianity, and the Gospels written by different writers on different dates after Jesus, do not integrate with this historical process. As for the Islamic world, it can be said that the perception of Jesus and the Gospel is not directly shaped by the Qurʾān, but rather by narratives and common beliefs. In this article where concept analyses are intense, the Qurʾān, the Bible, TDV (Türkiye Religious Foundation) Encyclopaedia of Islam, dictionaries, commentary resources and studies on Jesus and the Bible were mainly referred to. According to the Qurʾān, all the messengers called rasūl and nabī are human prophets chosen by Allah and none of them are angel or superhuman. Allah is the only God and there is no god but Him. According to the Qurʾān, it is not possible for God to adopt a wife or son. Allah is not the third of the three that finds its expression in the Christian belief in the form of the trinity: The Father, the Son and the Holy Spirit (Rūḥ al-Quds). According to the Qurʾān, every understanding that deifies Jesus and carries him to a position above human is a deviation from the right path. The deification of Jesus, who was born of Mary without a father, has been a belief formed over time. It is stated in the Qurʾān that Jesus is a messenger of Allah and a word He informed Mary, like the other prophets. What is meant by the word of God is that Allah heralds Mary with a child whose name is Christ, Jesus and the son of Mary. While it is said in the Qurʾān that Jesus is the word of God, it is not meant that the word is embodied and transformed into Jesus; however, it is meant that Jesus was created and brought to life with a word that came from Allah. The fact that Jesus is the word of God can also mean that he will speak to people in the name of Allah when he is in the cradle and then with the words that were revealed to him, and he will notify the way of the Lord in his message. As his birth is a miracle, his talking to people while in the cradle is also a miracle. Allah put His words in the mouth of Jesus like as He put them in the mouth of Prophet Muḥammad, and He also revealed the Gospel to Jesus. Thus, the words of God and the messenger who speak in the name of Allah became synonymous. Because when he speaks in the name of Allah, the words coming out of his mouth are not the words of Jesus himself, but the words of God. All prophets, including Jesus, are a single ummah sent on Islam. The essence of the books they brought from Allah is one. Although there are some differences in details arising from history, culture and social conditions, there is no difference between them in terms of the basic principles, norms and decrees brought from Allah in matters of faith, worship, morality and law, and especially the principle of unification. According to the Qurʾān, the Bible is the name of the divine book that Allah sent down to Jesus who was held responsible for His message, and that confirms the previous books. Contrary to the common belief among Muslims, the Qurʾān does not abolish the Gospel sent down to Jesus, but endorses it. In fact, all the books that God sent through the prophets confirm each other in terms of their essence, as well as the basic principles and provisions they contain. Allah taught Jesus the book, the wisdom, the Torah and the Bible, and sent him to confirm the Torah. He also sent down the Qurʾān to Prophet Muḥammad as confirming the Torah and the Bible. The purpose of these books sent down by Allah is to provide guidance and light to humanity. It is emphasized in the Qurʾān that all the prophets are actually one ummah, and that God who sent them is the true Lord of the people and that worship should be done only to Him. The verse in the Qurʾān "The only religion in the sight of Allah is Islam" should be understood in this context. In this respect, the common understanding among the scholars who study in the Islamic tradition that Qurʾān abrogated the divine books sent to humanity before, which is incompatible with the Qurʾān and turned into a common belief, should be reviewed and evaluated. (shrink)

Carrying out analyses performed on the provisions of “Pre-Islamic Divine Laws”, which is described as the religious provisions introduced by the prophets before Prophet Muhammad is one of the questions of debate in Shafiī Sect. The reason laying out of this controversy is based on the question, whether the provisions enunciated via the prophets before the Prophet Muhammad are recognized within the legal aspect, or not. On the other hand, there is no controversy between the procedural, on non-binding for (...) Muslims, about of the previous divine communiqués, which are not mentioned in the Qur’ānor the sunnah, and previous divine messages with evidence that they were abolished despite their presence in these two sources. In the same way, there is no debate about the fact that the provisions of the previous divine religions that were in force for Muslims, such as fasting, also remained in force for Muslims. In this case, with taking part in the Qur’ān or the sunnah, the provisions that there is no evidence about whether they abolished or not, it is debated that they are for Muslims binding or not.In this study, our objective is to carry out analyses and researches on the methodological conceptions of Imam Shafiī and Shafiī lawmen with regards to Pre-Islamic Divine Laws, which have no evidence for being retained in force or being abolished for Muslims despite being mentioned in the Qur’ān or the sunnah, as well as on the level of theoretical conceptions of these scribes being put into practice within the scope of fiqh examples.SummaryIt is a must to identify the scope of Pre-Islamic Divine Laws (Sharia Man Qablanā) [shariah of those before us], which is discussed in terms of being recognized as a shariah evidence by the Shafiī lawmen before analzying the opinions of Shafiī Sect followers. Yet, setting forth the opinions in a healthy manner is based on the identification of the question of debate. Within this context, it is a must to draw up the lines and borders in what the Shafiī lawmen / lawyer and canonists / judiciary mean by the term “Pre-Islamic Divine Laws (Sharia Man Qablanā)” in order to designate the practical results of methodological discussions on Pre-Islamic Divine Laws.Sharia Man Qablanā, of which lexical meaning is “shariah of those before us” is defined in fiqh as follows: “These are the religious provisions acquainted by the prophets before Prophet Muhammad”. In fact, this definition can be categorized as “general” in terms of the evidential value of Sharia Man Qablanā. In that, since it is not possible to carry out an analysis on the reliability of the informational value in the previous divine notices, which cannot be conferred neither in the Holy Qur’ān and the sunnah, each and every lawmen and canonists, including those recognizing Sharia Man Qablanā as hujjat (proof), have come to an agreement that the early divine notices that are not mentioned in the Holy Qur’ān and sunnah will not be recognized in terms of its informational value for Muslims, thus being besides the mark to discuss its validity and bindingness. In this case, the outlines of Sharia Man Qablanā, as controversial in terms of its hujjat value, must be specified. Belonging the earlier divine religions as per the works of lawmen, Sharia Man Qablanā is subjected to a categorization of four part with regard to provisions mentioned in the Holy Qur’ān or the sunnah, whether they are recognized as hujjat by Muslims. 1. The provisions that are not mentioned in the Holy Qur’ān or the sunnah, yet being mentioned only in the earlier monotheistic revelations. The fiqh lawmen have come to an agreement that these provisions are not binding for Muslims, and even that it is not permissible to act in accordance with these provisions. Because, there is no certain information on whether these provisions are reliable.2. The earlier divine notices, which have been proven to be nullified for Muslims, despite being mentioned in the Holy Qur’ān or the sunnah. Since these divine notices have lost their validity, there is a consensus among Muslims that they are not recognized as hujjat. The following hadith is shown as an example as of from the sunnah for this part “Pillage was not halal to those before me, but not it is halal to me” (Muslim, “Masājid”, 56). In that, this hadith indicates that prohibition with regards to the pillage, which was not permissible to the earlier ummahs (nations), is not recognized by Muslims. Thus, rendering pillage as not halal cannot be attributed to Muslims. 3. The provisions of earlier divine religions, which remained in force about Muslims. The canonists exemplify this matter with “fasting”. It can be understood from the verse “O ye who believe! Fasting is prescribed to you as it was prescribed to those before you, that ye may (learn) self-restraint.” (al-Baqara 2/183) that the fasting was a provision as prescribed for the earlier ummahs, which remained in force for Muslims as well. There is no controversy on the matter that fasting is prescribed for Muslims too, as it can be clearly seen from the verse. The hadith of the Prophet Muhammad “It (sacrificing an animal for God) is the sunnah from your Ancestor Ibrahim” (Ibn Majah, “Adāhi”, 3) can be shown as an example that sacrificing an animal for god is applicable to Muslims as well. As a matter of fact, this hadith attests that sacrificing an animal for god is applicable to Muslims, as it is in the religion of the Prophet Ibrahim. 4. The provisions from earlier divine religions, which have no evidence whether they were revoked or remaimed in force for Muslims. The canonists cannot find any evidence for the provisions with regards to the alternative utilization of something between the partners to be recognized as applicable for Muslims within the scope of the following verses: “Here is a she-camel: she has a right of watering, and ye have a right of watering, (severally) on a day appointed” (al-Shu‘ara 26/155) and “And tell them that the water is to be divided between them: Each one's right to drink being brought forward (by suitable turns)” (al-Qamar 54/28). Similarly, there is no evidence that the provisions concerning the retailation, as prescribed in Torah, whether they remained in force or were revoked, as it can be seen in the verse “We ordained therein for them: "Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal” (al-Ma’ida 5/45). (shrink)

This study focuses on the narration, "Whoever makes a tafsīr the Qur'an according to his own opinion, let him prepare his place in Hell," which Abū Manṣūr al-Māturīdī (d. 333/944) considered as a basis while defining the terms tafsīr and tawīl in the introduction of his work titled "Ta'wilatu'l-Qur'an." Various scholarly studies have examined al-Māturīdī's distinction between the terms tafsīr and tawīl from both theoretical and practical perspectives. However, it has not been examined in terms of the narration, authenticity status, (...) and its impact on subsequent works when explaining the difference between these words, while making a choice among the various wordings and containing the verb "فَسَّر". In this study, initially, an investigation of how the terms tafsīr and tawīl were used in dictionaries, ḥadīth literature, and exegesis works before al-Māturīdī’s time a diachronic reading was conducted to comprehend the intellectual background that led al-Māturīdī to distinguish between them. Explanations and narrations related to these words found in dictionaries and exegesis works after al-Māturīdī were excluded from the scope of the study. Subsequently, other narration variants distinct from the one al-Māturīdī utilized in his argumentation, which prohibited making interpretations about the Qur'an through personal opinion and which differed from al-Māturīdī’s preferred variant, were examined. The study also presents the approach of early Islamic scholars to this issue. Finally, al-Māturīdī's interpretation, defined as "the only and definitive explanation made with Allah as a witness regarding the verses," and his preference for the variant of the narration, "Whoever makes a tafsīr the Qur'an according to his own opinion, let him prepare his place in Hell," are analyzed in terms of their authenticity, their impact on Islamic sciences, and the possible reasons behind al-Māturīdī's choice of this particular variant. (shrink)

In an anecdote in the Holy Bible, there is a rumor that because the Prophet David wanted to marry a woman named Bathsheba, whom he saw, he commissioned her soldier husband Uriah the Hittite to cause him to die in the most critical places of the army. In Islamic sources, some narrations originating from Isrāʾīliyyāt have been conveyed in many different ways. Likewise, in some Islamic sources, this incident, which is attributed to the Prophet David, was unfortunately also (...) linked to the marriage of the Prophet Muḥammad and Zaynab b. Jaḥsh. In addition, there is a claim that the Prophet Muḥammad sent Zayd b. Ḥāritha, who was Zaynab b. Jaḥsh’s ex-husband, to many wars and eventually caused his death in Muʾta war. First, the so-called incident between Prophet David and Uriah the Hittite will be discussed, and thereafter, Prophet Muḥammad and Zaynab b. Jaḥsh’s marriage will be thoroughly addressed in the study. In addition, it will be revealed that the incident that was attributed to the Prophet David was in no way similar to the incident of assigning Zayd b. Ḥāritha as a commander.Summary: According to a parable in the Bible, Prophet David sees a woman bathing while he was walking around the roof of his palace one night and he is impressed by her. Prophet David sends someone to investigate who this woman is, and as a result of the research, it is revealed that this woman is Bathsheba, the wife of Uriah the Hittite, one of the commanders of Prophet David. Prophet David sends someone to bring this woman and when the woman is brought to him, he commits adultery with her. The woman becomes pregnant after this affair and informs Prophet David about this situation. After receiving this news of pregnancy, Prophet David sends a message to the commander-in-chief, Joab, who is at war with his army, and asks him to send Uriah the Hittite to him. After hosting Uriah the Hittite in the palace for a few days, Prophet David sends him back to the front with a letter to be given to the commander-in-chief, Joab. In this letter, Prophet David asks the commander-in-chief, Joab, to send Uriah the Hittite to the most dangerous place in the war and to ensure that he is killed. Fulfilling the order stated in the letter of Prophet Davud, Joab sends Uriah the Hittite to a region where the war will be the harshest and causes him to be killed there. After the mourning of Bathsheba for her husband ends, Prophet David marries her. According to the Islamic belief, it is not possible for this incident to occur as it was mentioned in the Bible since the prophets were protected by Allah. It is because the parable states Prophet David committed adultery. In the Qur’ān, which is the source where we can get the clearest information about the incident, it is narrated inverses 21-25 of sûra Ṣād. Although there is a partial resemblance between the verses and the Bible, the verses do not mention either the woman or Prophet David’s sending that woman’s husband to the war because he wanted to marry her.In other Islamic sources, some relevant narrations originating in Isrāʾīliyyāt are narrated in many different ways. Our tafsīr scholars did not approve these narrations originating in Isrāʾīliyyāt. Also, they stated that the narrations expressing that Prophet David sent Uriah the Hittite to the war for his killing were not true and that such a situation would not be suitable for a prophet or even for a Muslim.In the same sources, many different possibilities were voiced in order to resolve the situation and this incident, which was attributed to Prophet David, was tried to be placed on a more reasonable ground. As a result of these efforts, the marriage of the Prophet Muḥammad and Zaynab b. Jaḥsh has been linked to this incident in various ways.Although it is not possible to give a certain date of the marriage of Zaynab and Zayd b. Ḥāritha, it is seen that this marriage occurred with the help of the Prophet Muḥammad in the first year of the emigration to Madinah. The marriage of the Prophet Muḥammad’s aunt’s daughter and Zayd, a freed slave, was for eliminating the discrimination between free individuals and slaves that existed in the society.There is not any serious problem about the marriage of Zayd and Zaynab at this point. However, at the point of ending this marriage, there are some narrations in our sources, and these leave the Prophet Muḥammad under suspicion. According to these narrations, the Prophet Muḥammad went to Zayd’s house to meet him and the Prophet Muḥammad called out to Zayd from outside the house. For not keeping the Prophet Muḥammad outside, Zaynab opened the door and invited the Prophet Muḥammad in by stating that Zayd was not at home although the clothes on her were not suitable. As soon as the Prophet Muḥammad saw her, he immediately turned his head and because he liked Zaynab, “I exonerate almighty Allah. I exonerate Allah that has turned the hearts.” he grumbled. After a while, Zayd came home and learned what the Prophet Muḥammad said. He immediately went to the Prophet Muḥammad and said “Messenger of Allah! May my mother and father be sacrificed for you. If you liked Zaynab, let me divorce her for you.” However, the Prophet Muḥammad advised him not to divorce his wife. As far as we can find in our sources, there are two other similar narrations.These narrations contain many problems in terms of both isnād and logical consistency. When we examine at the narrations in terms of isnād, we see that all three narrations are mursal. We can say that this is the first factor that reduces the reliability of narrations. Secondly, all narrations have at least one narrator accused of weakness or even dishonesty. Therefore, it is not appropriate to base a serious claim about the Prophet Muḥammad on such weak narrations. In addition, the rumor that the Prophet Muḥammad liked Zaynab, his aunt’s daughter and a married woman, and wished that she would divorce her husband has no reasonable logic. The fact that the marriage of Zayd and Zaynab ended quickly was mostly caused by Zaynab’s harsh temperament. Moreover, although Zaynab did not want this marriage, she could not oppose the order of the Prophet Muḥammad due to the verse about her. For these reasons, Zaynab could not get along with her husband and she was constantly reflecting her dissatisfaction with this marriage on Zayd. Therefore, Zayd constantly complained about Zaynab, but the Prophet Muḥammad gave Zayd the same advice every time, commanding “Keep your spouse with you, do not leave her!” Although the Prophet Muḥammad constantly banned Zayd, he could not stand Zaynab anymore and divorced her. After he divorced Zaynab, verse 37 of sûra al-Aḥzāb was sent down. Thus, the marriage of the Prophet Muḥammad and Zaynab took place as a result of a divine will.There is also a claim that the Prophet Muḥammad sent Zayd, the ex-husband of Zaynab, to many wars and consequently caused him to be killed in Muʾta war. When we examine the dates of the nine military expeditions, in which the Prophet Muḥammad appointed Zayd as a commander, it is seen that the first expedition was held on 3/624 while the others were held after 6/627. Therefore, at least eight of the nine expeditions in which Zayd served as a commander were taken place after the marriage of the Prophet Muḥammad and Zaynab. Consequently, in the light of this information, it is clear that the fact that Zayd was appointed as a commander is not similar to the situation in narrations about Prophet David. (shrink)

The issue of how to read and interpret the Qur’ān has been the subject of Islamic sciences such as Kalām, Fiqh and Taṣawwuf. Each discipline has put forward an interpretation methodology according to its point of view. While interpreting the verses, the Ṣūfīs who are members of Taṣawwuf also produced some methodological concepts for several reasons. They interpreted the Qur’ān with the sign (ishāra), a method of interpretation suitable for the characteristics of Taṣawwuf. The ishāra is a secondary method (...) of interpretation compared to tafsīr (the Qur’ānic exegesis). In this context, the ishārī tafsīr is the interpretation of the verses by kashf and ilhām. It is also the narration of the signs claimed to exist in the verse. However, while the ṣūfīs wanted to explain their inferences regarding the verses on the one hand, they had to hide them on the other hand. These attitudes led to the paradox of statement-concealment as a problem peculiar to the ishārī tafsīr. The goal of this study is to evaluate the tradition of ṣūfī tafsīr / exegesis in terms of this paradox. One of the aims of this study is also to determine the tools that the ṣūfīs use for some reasons in interpreting the Qur’ān and how they conceptualize them. In this perspective, the function of symbolic means such as letter and sign in Taṣawwuf has been emphasized. The formation of a number of methods and instruments specific to ishārī interpretation and the influence of Ibn al-ʿArabī on this method have been discussed. To achive the objectives of this paper, this research article conducted a detailed literature review. As a method, the phenomenological approach and historical methodology have been used in order to present the ṣūfīs interpretation methodology objectively. The concept analysis method has used in order to exhibit a detailed analysis of some concepts directly related to the subject of the study. There are many studies about ishārī tafsīr, the method of interpretation of the Qur’ān by the ṣūfīs in Turkey and abroad. These works are mostly of classical-style works based on determining the nature and position of the ishārī tafsīr or discussing the ishārī interpretation style of a ṣūfī mufassir. For example, Yaşar Kurt’s work titled Ni’metullah Nahcivânî ve Tasavvufî Tefsiri, Mehmet Okuyan’s work named Necmuddin Daye ve Tasavvufi Tefsiri are doctoral theses on this subject. If we need to mention some studies directly related to the subject and the purpose of our article; they are as follows: Among the works written today are Yunus Emre Gördük’s Tarihsel ve Metodolojik Açıdan İşârî Tefsir, Davut Ağbal’s book titled İbn Arabî’de İşârî Tefsir, some communiqués in the book published by Kuramer under the name of Kur’an’ın Bâtınî ve İşârî Yorumu. Ekrem Demirli’s article “Kuşeyrî’den İbnü’l-Arabî’ye İşârî Yorumculuk Hakkında Bir Değerlendirme” is one of the sources of this research. As for the works written in the past; early ṣūfīsm classics, al-Ghazālī’s and Ibn al-ʿArabī’s writings, some boks on the methodology of Qur’ānic interpretation written by scholars such as al-Dhahabī and al-Zurḳānī can be given. The findings and results obtained inthe light of this study are: The ṣūfis have named their experiences they wanted to express, as ishāra. They have wanted to declare their feelings as a result of the spiritual states they were in while reading or listening to the Qur’ān. At the same time, they tried to hide their feelings with the concern of not being understood, not being accepted, being accused or harming those who did not taste the same pleasure. The desire to explain their enthusiastic feelings and experiential knowledge on the one hand and the need to conceal them on the other, seemingly have caused a paradox. Therefore, they have made use of some conceptual tools while interpreting the Qur’ān and used a covered language. In this framework, Ibn al-ʿArabī and his successors have a different position and style. Ibn al-ʿArabī’s approach to the Qur’ān has been named as theoretical ṣūfī tafsīr instead of ishārī ṣūfī tafsīr from now on. His main instrument is iʻtibār / taʻbīr as a way of ta’wīl. His followers such as Kāşhānī, Nakhčiwānī and Brūsawī have been influential in the spread and acceptance of the ishārī interpretation activities. This article fills the gap in the literature. Because it is a methodological analysis and an evaluation of the terms and methods that ahl al-taṣawwuf have produced in order to explain or conceal some of their thoughts about the verses, it will also make a contribution to the ishārī tafsīr literature. Although the article is presented as a result of a careful and detailed research, there are some missing points in it. Thus, further studies that will contribute positively to the debates on the legitimacy of the ishārī tafsīr and its method can be produced. (shrink)

The present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable (...) forms of evidence in legal matters, diyya, the exclusion of women from the judiciary and the system of issuing fatwa, natural right of guardianship of underage children after divorce, and regulations related to the veil. Finally, referring to the manner of the Prophet of Islam, the paper suggests that ʿurf can be considered as a source of Islamic legislation alongside other commonly known sources of fiqh. (shrink)

This research focuses on the issue of human rights violations, particularly those affecting Muslim women in Indonesian diaspora marriages in Russia. Despite the regulations set by the Family Code of the Russian Federation, there have been reports of abuse, expulsion, withholding of documents and unilateral divorce. The purpose of this qualitative research using Smith’s phenomenological approach is to analyse the root causes of these violations and provide solutions. Data were collected through in-depth interviews, observation and documentation analysis. The results showed (...) that domestic violence was caused by a lack of self-concern and lack of cultural, legal and legal administration literacy. This lack of literation contributes to the violation of the rights of married diaspora women in Russia. Self-protection can be enhanced by increasing faith-based marriage literacy and cultural and legal literacy. Contribution: This research provides insight into the factors contributing to human rights violations in Indonesian diaspora marriages in Russia and proposes solutions to prevent such violations. The findings of this study can also serve as a basis for future research in the field of human rights and diaspora. (shrink)

The Qurʾān states that it is the last link in the chain of divine books, such as the Torah, Psalms, and the Gospel, and that it is also the approval and regulator of these books. As a result, there are some mutual narratives with other holy books, as well as some issues that differ from them and bring different explanations from them. These issues have been the subject of polemics, especially with Judaism and Christianity throughout the history. The crucifixion of (...) Jesus Christ formed the foundation of Christianity theology. However, the subject of ‘the cross’ has also been one of the most important issues by which Christian communities have made different explanations and interpretations since the 1st century, and have diverged accordingly. Although the docetists, who are our subject, are divided into many groups with different views, they generally accept that Jesus Christ was of a different nature from other people, had a divine nature, and therefore, it was not possible for him to be crucified. In the only verse in the Qurʾān that deals with the cross of Jesus Christ, it is mentioned that Jesus was not crucified. For this reason, a significant part of the interpretations in the commentaries have some similarities with the views of the docetics at first glance. It is possible to see more of the similarities mentioned in the commentaries, especially in the so-called “substitutionary interpretation”, in which it is stated that someone else was crucified instead of Jesus. In the Christian world, it is often claimed that Islam emerged in the Arabian Peninsula, where Christian heretics are abundant, and that it was influenced by the views of some heretic Christians. In this context, starting with John of Damascus in the 8th century, based on the above-mentioned similarities, many Christian researchers throughout the history claimed that the Qurʾān took this view from docetics. In this study, there has been an attempt to examine all of these claims. In this context, first, the docetics were researched, and as a result, it was revealed that Christians named groups with very different views from the early times as “docetic”, and that there was no standart use of the concept of “docetic” in the Christian World for centuries. It appears that it was determined that the concept would be used as a kind of umbrella concept for groups considered heretical. Then in the article, the different translations and interpretations of the verse in the Qurʾān and certain sources from the classical and modern Islamic literature were selected and identified. This led to the examination of how the said verse was understood in the Islamic world throughout the history. In this context, all types of substitutionary interpretations in the commentaries were made into a list by mentioning the sources of these interpretations, and then, these interpretations and the views of the docetics were compared. After revealing the similarities and differences in the explanations and interpretations in the commentaries and the views of the docetics, a new perspective on the subject was attempted by trying to explain the verse outside of its traditional interpretation throughout the history, considering the context of this verse and the Jewish literature. Considering that various Jewish claims about Jesus and Mary were responded to at the beginning of Qurʾānic the verse and just before the verse that mentions the cross, information in the Jewish religious literature was consulted about the allegations that Jews killed Jesus as mentioned in this verse. In this context, Jewish claims about the end of the life of Jesus in the Talmud, that they first killed him and then crucified him, were adressed and researched. Furthermore, an attempt is made to explain that the use of wa-mā qatalūhu wa-mā ṣalabūhu in the verse may be an answer to the claims of the Jews that they first killed Jesus and then crucified him. These claims of the Jews in the Talmud are further explored, and considering the context of the Jews of that time, it is explicated that these actions would not have been possible due to the political conditions in that period. Taken together, this study has attempted to address that the view claiming that docetics have an impact on the Quran via the related verse is not validand that the actual recipient of the verse is the Jews. (shrink)

The qirāʾāt or variae lectiones represent the vast corpus of Qurʾānic readings that were preserved through the historical processes associated with the textual codification and transmission of the Qurʾān. Despite the fact that differences among concomitant readings tend to be nominal, others betray semantic nuances that are brought into play within legal discourses. Both types of readings remain important sources for the history of the text of the Qur’ān and early Arabic grammatical thought. While some recent scholars have questioned the (...) historical function and nature of the corpus of qirāʾāt, others have argued that specific types of variant readings were the resultant products of attempts to circumvent legal inconsistencies which were found in text of the Qurʾān or were generated through legal debates. Following a preliminary review of the historical framework of the genesis of qirāʾāt through reference to early grammatical literature, an attempt will be made to shed some light on the role that semantic variation among concomitant readings played in the synthesis and interpretation of law. The aim will be to draw attention to the subtle theoretical frameworks employed by jurists for their contextualization and analysis. This will also include a review of attitudes towards the forms of qirāʾāt that classical scholarship designated as being anomalous or shādhdha. (shrink)

In studies of early Qurʾānic manuscripts, determining the provenance of these manuscripts is a thorny issue because in most cases they lack endowment notes or colophons. The reports in early Islamic sources regarding textual variants of regional codices may contribute to find a solution to this problem. A list of regional variants, mostly based on al-Dānī’s al-Muqniʿ, can be found in Nöldeke et al.’s The History of the Quran. However, as the authors have stated, a comparison of some of (...) the early Qurʾānic manuscripts in the Topkapı Sarayı Museum with this table of maṣāḥif al-amṣār variants indicates that the traditional reports are unreliable for identifying the provenance of Qurʾānic manuscripts because none of these codices can be attributed to any particular region. The present article is an attempt to demonstrate that this problem results from relying solely on the data provided by al-Dānī and ignoring earlier and more significant sources, such as al-Sijistānī’s Kitāb al-Maṣāḥif. It attempts to provide a new and more precise classification of regional variants by reading afresh the reports on the features of maṣāḥif al-amṣār, taking into account the sources which were not used by Nöldeke et al., especially al-Sijistānī’s Kitāb al-Maṣāḥif, thus making the list of maṣāḥif al-amṣār variants more accurate, thereby the variants of each of these early Qurʾānic Codices tally more with the reports preserved for the characteristics of one of the maṣāḥif al-amṣār in literary sources. As the texts of the surviving manuscripts are not of a diverse nature we are able, with some certainty, to draw conclusions that substantiate the reports as to the peculiarities of the muṣḥafs of different cities. (shrink)

This article presents the Islamic bioethical deliberation on the issue of sex assignment surgery for infants with disorders of sex development or intersexed as a case study. The main objective of this study is to present a different approach in assessing a biomedical issue within the medium of the Maqasid al-Shari’ah. Within the framework of the maqasidic scheme of benefits and harms, any practice where benefits are substantial is considered permissible, while those promoting harms are prohibited. The concept of (...) Maqasid al-Shari’ah which is the mechanistic interpretation of Qur’an and Hadith presents the holistic attention of Islam on many life activities, including healthcare. Indeed, this concept encompasses many aspects of worldly life, both for the human individual and collectively for the whole society. In healthcare, the practice of SAS on DSD newborns has presented an assortment of implications on the future livelihood of the affected individual. The process of decision-making seems to be very multifaceted since every element such as the determination of the ‘correct’ sex and the urgency of early surgery must consider the benefits and harms, as well as the child’s rights and best interest. The application of the concept of Maqasid al-Shari’ah, would convey a pragmatic approach that is often disregarded in Western medicine. This approach considers the right of the individual to live life optimally, individually and socially and practice his faith, precisely, in accordance with the assigned gender. (shrink)

Education has been acknowledged as the key factor contributing to personality development and identity formation. To ensure appropriate education, it is thus of utmost importance to reflect on the power of the educational content. As a result, respecting Islamic values from a major authentic source, like the Holy Qur’an, paves the ground to fulfil this goal. On the contrary, the first and foremost educators to convey these values are the family, because each person mainly spends the time of one’s (...) education in this small, primary social institution. Above and beyond, the building block of a society and the starting point of a culture, a civilisation and human history is the family. As a noble book of guidance for the human beings, the Holy Qur’an has accordingly shed light on the role of the family. Against this background, this study, adopting a descriptive analytical approach, aimed to investigate the Islamic family from the perspective of the Holy Qur’an with an emphasis on the education of children. Accordingly, the Holy Qur’an reveals that the main purposes of creating a family are inner peace, generational survival and expansion of the faith and monotheism. A healthy family environment can thus have a profound impact on cultivating moral character and virtues. In view of the Holy Qur’an, the family is the first place to seek relief and perform the acts of worship. No divine religions have also given as much value to the family as Islam, which implies its comprehensiveness. Despite much attention to the family in most societies, it receives special importance in the Qur’anic teachings. This article is a review study that dealt with Qur’anic concepts related to education in the family. Therefore, after categorising different Qur’anic verses, analyses have been presented in each category. Contribution: Islam has set many specific programmes and educational instructions from childbirth and then delegated their implementation to the family. Accordingly, this noble religion offers many guidelines for picking a perfect name, breastfeeding and weaning, loving, observing justice and fulfilling promises in relation to children. (shrink)

Throughout the history of Islam, mosques and masjids have been in a position where Muslims both perform their prayers and perform their scientific activities. In this sense, in the history of Islamic culture, Muslims mostly learned and taught sciences such as the Qur'an, tafsir, hadith and fiqh in these places until the spread of madrasahs. Especially the al-Masjid al-Nabawi, which the Muslims built here with their migration from Mecca to Medina, has become a full center of science. People called (...) Companions of Suffa have a great share in this situation. Because they used this place both as a housing and a school. This function of al-Masjid al-Nabawi affected the mosques of cities such as Kufa. With the foundation of Kufa in 17/638, mosques were built in the center and in the quarters of the city. The Companions who came here for different reasons conveyed their knowledge to the public in these mosques. Thus, in the first period the masjids in Kufa became the centers where the Companions conveyed their knowledge of Islamic sciences. Over time, various scientific circles were established in these mosques, and scholars transferred their knowledge of tafser, hadith and fiqh to the next generations. Especially many important jurists were trained in these places. Some of them are ’Alqamah b. Qays, Masruq b. Abdurrahman, Aswad b. Yazīd, Ibrāhīm al-Naḥa’ī, Ḥammād b. Abū Suleimān, Abū Ḥanīfah, Sufyan al-Thawri, Abū Yūsuf and Imam Muhammad. That these important jurists mostly acquired their knowledge of fiqh in the mosques in Kūfa and that some of them had important effects on the formation of the Hanafi sect made important the quantity and quality of the fiqh education in these places. As a result, it has been seen that the masjids in Kūfa have an important role in the raising of many jurists and the function of these places in this regard has been studied. Thus, this study aims to reveal the function of mosques and masjids in the historical process, albeit limited. (shrink)

Education has been acknowledged as the key factor contributing to personality development and identity formation. To ensure appropriate education, it is thus of utmost importance to reflect on the power of the educational content. As a result, respecting Islamic values from a major authentic source, like the Holy Qur’an, paves the ground to fulfil this goal. On the contrary, the first and foremost educators to convey these values are the family, because each person mainly spends the time of one’s (...) education in this small, primary social institution. Above and beyond, the building block of a society and the starting point of a culture, a civilisation and human history is the family. As a noble book of guidance for the human beings, the Holy Qur’an has accordingly shed light on the role of the family. Against this background, this study, adopting a descriptive analytical approach, aimed to investigate the Islamic family from the perspective of the Holy Qur’an with an emphasis on the education of children. Accordingly, the Holy Qur’an reveals that the main purposes of creating a family are inner peace, generational survival and expansion of the faith and monotheism. A healthy family environment can thus have a profound impact on cultivating moral character and virtues. In view of the Holy Qur’an, the family is the first place to seek relief and perform the acts of worship. No divine religions have also given as much value to the family as Islam, which implies its comprehensiveness. Despite much attention to the family in most societies, it receives special importance in the Qur’anic teachings. This article is a review study that dealt with Qur’anic concepts related to education in the family. Therefore, after categorising different Qur’anic verses, analyses have been presented in each category.Contribution: Islam has set many specific programmes and educational instructions from childbirth and then delegated their implementation to the family. Accordingly, this noble religion offers many guidelines for picking a perfect name, breastfeeding and weaning, loving, observing justice and fulfilling promises in relation to children. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Islam: Religion, History, and CivilizationZain AliIslam: Religion, History, and Civilization. By Seyyed Hossein Nasr. San Francisco: Harper San Francisco, 2003. Pp. 224. Paper $9.71."Islam," writes Seyyed Hossein Nasr, "is like a vast tapestry," and in his book Islam: Religion, History, and Civilization he aims to survey the masterpiece that is Islam. The present work is part of a trilogy including Ideal and Realities of Islam and The Heart (...) of Islam. Nasr states that the common theme in the trilogy "is the universalist perspective and respect for other religions" (p. xxiv). In addition, Nasr clarifies that his approach, as with all of his Islamic writings, is to write from an Islamic perspective, which he terms "traditional Islam" (p. xxiii). Nasr stands opposed to either the secular modernist or fundamentalist perspectives, both of which he regards as forms of extremism.This book, initially published as part of Our Religions, edited by A. Sharma, is significantly revised and includes a new introduction and bibliography. It can best be described as a primer on Islam, consisting of eight chapters that focus on a variety of pertinent themes.Chapter 1 deals with the self-understanding of Islam and the Islamic world. Islam, Nasr notes, sees itself as a return to the primordial faith of humanity, a faith that affirms the unity and oneness of God. This chapter also presents an overview [End Page 495] of the various ethnic and cultural groupings within the Muslim world, and charts the spread and demographic growth of Islam.Chapter 2 introduces the notion of al-din, an Arabic term that corresponds closely to the word "religion." Nasr contrasts the two words, where religion means "to bind" while al-din means "debt" (p. 25). Thus, religion, as framed by Islam, involves the notion of debt, in particular humanity's debt to the Divine. The chapter also discusses the significance of the Qur'an and Muhammad as the messenger of God.Chapter 3 begins with an exposition of the nature of Divinity, which is at the heart of Islamic doctrine. As Nasr explains, the Divine is understood as being "at once the Absolute, the Infinite, and the Perfect Good" (p. 59). The remainder of the chapter deals with various Islamic doctrines and beliefs, including prophecy and revelation, human nature, the Qura'nic view of men and women, and eschatology.Chapter 4 deals with the content, codification, and schools of Shariah, the Divine Law of Islam. There is also an interesting discussion of Sufism, which Nasr claims "is like the heart of the body of Islam" (p. 81). Controversially, Nasr claims that "the spread of Islam outside of the Arab and Persian worlds up to the present day has been mostly through Sufism" (p. 87).Chapter 5 delves into the central pillars of Islam, which accompany the belief in God and in Muhammad as the messenger of God. The pillars are salah (canonical prayer), sawn (fasting), hajj (pilgrimage), and zakah (religious tax or charity). Associated with these pillars is the notion of jihad, and here Nasr writes, "jihad... is usually mistranslated into English as 'holy war,' but literally means 'exertion' or 'effort' in the path of God" (p. 91). Also covered are the topics of family, ethics, and economic and political institutions.Chapter 6 presents the historical evolution of Islam beginning with the migration of Muhammad to Medina, and the events leading to the divide between Sunnis and Shiites.Chapter 7 discusses the early Islamic community, who found themselves in the "throes of disputes over such issues as whether human beings are saved by faith or works, whether there is freewill or determinism, and questions concerning the sacred text as the Word of God" (p. 154). Nasr then explores the various schools of theology and philosophy that arose in order to address these questions of faith.Chapter 8, the final chapter of the book, attempts to evaluate the place of Islam in the contemporary world. Nasr concludes by noting that despite the challenges of secular modernism and fundamentalism the vast majority of Muslims remain committed to the truth of Islam, and bear witness to the Oneness of God and the Oneness of humanity.The one quibble... (shrink)

A complete history of Islamic political thought from early Islam to the present Now in its 2nd edition, this textbook describes and interprets all schools of Islamic political thought, their origins, inter-connections and meaning. It examines the Qur'an, the early Caliphate, classical Islamic philosophy and the political culture of the Ottoman and other empires. It covers major thinkers such as Averroes and Ibn Taymiyya as well as a number of lesser authors, and Ibn Khaldun is presented as (...) one of the most original political theorists ever. It draws on a wide range of sources including writings on religion, law, philosophy and statecraft expressed in treatises, handbooks and political rhetoric. The new edition analyses the connections between religion and politics, covering the most recent developments in Islamic political thought and the most recent historical scholarship. It ends with a critical survey of reformism and Islamism from the late-19th century up to the present day. (shrink)

The traditions about isrāʾīliyyāt that were seen almost in all the types of Islamic sciences appeared in the sources of tafsīr from early periods. These traditions that were generally used to explain the Qurʾān were seen problem and critisized by some exegetical specialists. Even though corresponding to a relative later period in the classical era, an approach was tried to put forward in view of the traditions about isrāʾīliyyāt. This methodological concern for isrāʾīliyyāt in classical period has increased and (...) been influential for many researchers from east and west to work on this issue in modern times. There has been reached to important results about the issues of the definition of isrāʾīliyyāt, the source of it, its spread in Islamic sciences, its aim of usage, the progress of these positive-negative attitudes against these traditions in historical process. But it is important to discuss some evaluations and analysis again that put forward in this process when different cases about the issue are taken into consideration. According to this, a series of problem, such as how the isrāʾīliyyāt can be defined in tafsīr, when the criticism of isrāʾīliyyāt started, whether Biqāʿī was the first exegete who made reference to Bible or not will be discussed considering relevant resources in this article.Summary: Since the early periods, isrā’īliyyāt narratives were used as a source of information in tafsīrs. These narratives, which are transmitted in various tafsīrs of the Qur’ān, one of the main sources of Islamic religion, have also taken the methodological interests of some exegete since the early periods. This interest continued in the modern period, and both Western and Eastern researchers made research on isrā’īliyyāt. Some of the findings, analyses, and claims available in researches on this subject will be reexamined in this article. The first of these is the problem of the definition of isrā’īliyyāt. In contemporary research, inclusive definitions are made for isrā’īliyyāt, seen in all sources. These definitions do not allow for a refined description of isrā’īliyyāt which is handled in terms of different intentions in the sources of each different field and which varies in terms of the issues it covers, leading to the underestimation of some of its aspects in relevant fields. In the definitions, it is stated that isrā’īliyyāt is mostly learned from the Ahl al-Kitāb, (the People of the Book) it became widespread along with Islām and it included narratives about caliphs, dynasties, and Mahdī, as well. Another issue is to be emphasized that they are fictive or mythological. In classical tafsīrs, isrā’īliyyāt is observed to be related mainly with the history of the Ahl al-Kitāb or with the subjects they know about. In the modern era, the narratives about the ancestors of the Arabs have been identified as isrā’īliyyāt. If some of the isrā’īliyyāt narratives are related to the history of Arabs, then their resource should be the historical-cultural memory of Arabs. However, as almost all Qur’ānic stories were somewhat known before the revelation period and relations with the Ahl al-Kitāb dated back to times long before the Islamic period, the claim that these narratives became widespread along with Islām should be revised. It is also problematic to emphasize the legendary nature of some of the isrā’īliyyāt and to make that as a reason to reject all. Such emphasis also leads to the underestimation of the functions of narratives in tafsīrs. In isrā’īliyyāt, tafsīr was used for i) interpreting the ambiguous words in the stories, ii) to bring evidence to the Ahl al-Kitāb, and ii) tarhīb-targhīb (encouragement-warning). These narratives can be used as a source in tafsīr unless they are explicitly falsified by the data of fields such as history, history of religions and archaeology as well as the Qur’ān and the true Sunnah. The first criticisms of isrā’īliyyāt are claimed to belong to exegete like Ibn al-‘Arabī (d. 543/148) or Ibn ‘Aṭīyah (d. 541/1147). However, criticism of isrā’īliyyāt is also observed in the tafsīrs of earlier exegete, such as al-Māturīdī (d. 333/944), al-Māwardī (d. 450/1058) or al-Ṭūsī (d. 460/1067). They do not necessarily have to use the term isrā’īliyyāt explicitly in their criticism like the later ones. If the narratives they criticize and the reasons for their criticism are the same as those of the later exegete, it will be necessary to date the criticism of isrā’īliyyāt back to the 4th Century of the Hegira. The understanding that "the expression in the story is sufficient, it is unnecessary to deal with the ambiguities; instead, it is necessary to deal with the lesson and wisdom in the story" is one of the criteria that Muḥammad ‘Abduh (d. 1905), who is deemed to be the pioneer of the strict criticism of isrā’īliyyāt in the modern period, took as basis in this criticism, is valid for the exegete of the classical period, as well. Although exegete, such as al-Ṭabarī (d. 310/923), al-Māturīdī, al-Rāzī (d. 606/1210), and Abū Ḥayyān (d. 745/1344) who had this understanding, gave place to isrā’īliyyāt, these people recognized that "these narratives were not final, binding or necessary”, indeed. The understanding that such expression in the story is sufficient, which is one of the reasons for such awareness in the classical period, seems to have turned into a strict rejection in the modern period. Another issue is the claim that Biqā‘ī (d. 885/1480) was the first exegete to systematically benefit from the Bible in tafsīr in the classical period. However, al-Daylamī (d. 593/1197) before Biqā‘ī, is also observed to have used the Old Testament systematically in tafsīr. He cited the Tanakh in his period in two ways. He either directly quoted from the translation of Tanakh or the Hebrew text written in Arabic letters. Another exegete who used the Tanakh as a source in his tafsīr was al-Ṣafadī (d. 696/1296). He enriched his tafsīr with systematic quotations from the Tanakh. Therefore, the use of the Bible as a source of interpretation in the classical period should not be started with Biqā‘ī. The reason why the pioneer exegete of the classical period did not directly use the Bible is claimed to be the fact that they falsified it and deemed the isrā’īliyyāt narrated from the predecessors to be more reliable. However, it is known that a significant portion of the isrā’īliyyāt, which was orally transferred from the predecessors, is based on written sources, particularly including the apocryphal texts. So just like the Bible, isrā’īliyyāt, which was orally transferred from the predecessors, is problematic in terms of authenticity. This allows us to argue that classical exegete have an inconsistent attitude, indeed. On the other hand, when we take into account the fact that classical exegetes criticize these narratives from time to time and believe that they are not final or binding, the problem of potential inconsistency disappears. Accordingly, they did not deem chain transmission of these narratives from the predecessors by reliable transmitters to be a sufficient reason for their acceptance and adoption for good and all. (shrink)

Qur’ān Recitation (qirā’āt) activities constitute a good part of the Qur’ān education history starting with the revealation of the Qur’ān. In Prophet Muḥammad’s era and after his death, education and teaching activities for spreading the Qur’ān recitations were maintained by muslims. Several institutions were built for this purpose, and many works are written for qirā’ātscience education and methods developed made a big contribution to the spreading of qur’ān recitation science. An Interregnum period for qirā’ātscience has happened at the last period (...) of Ottomans and first years of Republic of Turkey. Qirā’ātScience, under the state supervision and by formal institutions for many years, were sustained in an informal way after the law on unification of education were introduced. With the decrease of teachers, the education of the Qur’ān recitation faced a difficult time and almost nearly ceased. In our country, increasing of the expertness courses and number of men who trained in this places in recent years deserve a separate study, particularly on this subject. SummaryThere are many scholars who have studied the recitation of the Qur’ān (qirā’āt), and many papers that have been written on this subject analysing it by means of practice. Some institutions are founded with the purpose of teaching qirā’ātand a number of different methods have been developed in the historical process of qirā’āt.It is not clear when the knowledge of qur’ānic recitation first emerged in the region of Anatolia. In the Ottoman Empire, Khaṭīb ‘Abdulmu’min Rūmī who was tutee of Ibn al-Cezerī started to accept students for teaching qirā’ātin Bursa. Since then, qirā’ātbecame an official discipline of Islamic sciences. Evidently, the time Turks learned qirā’ātshould be before Ibn al-Cezerī’s arrival to Bursa.The brightest era of the qirā’ātand its institutionalisation was between XI-XIII centuries during the reign of the Ottoman Empire. Not only did training and teaching activities took place as seven and ten recitations, but authors also wrote books as supplementary references by depending on the works of the scholars such as Dānī, Shāṭıbī and Ibn al-Cezerī. Thus, the scholars made education practical and started to teach it as part of certain methods. The end of the 13th century was the time when sab‘a(seven) method based on seven recitations was superseded by ‘ashara(ten) method based on ten recitations. That is, the sab‘amethod was replaced by the ‘asharamethod in the country.The education of qirā’ātwhich were taught in expert institutions known as dār al-qurrāuntill the closure of madrasas was officially interrupted with the the law on unification of education on 3rd March 1924 in Turkey. The education of qirā’ātwas not officially given from the Republic of Turkey to 1968, but it was taught by self-abnegating scholars with their own efforts. The teaching of qirā’ātalmost disappeared due to some reasons such as education which wasn’t officially given by the state and the lack of encouragement for people interested in qirā’ātuntil 1968. The education of qirā’ātlater became official with the initiation of Tayyar Altıkulaç who was the vice president of religious affairs under the presidency of Mehmed Rüşdü Aşıkkutlu in 1968. At that time, a number of staffs were sent to the town Çifaruksa/Uğurlu in Of /Trabzon for the job training with the appointment of the presidency of religious affairs in order to get education from Aşıkkutlu. The specialized training course named as ‘Ashera-Taqrīb-Ṭayyibah’ was the first course about qirā’ātwith the opening of Istanbul Haseki Training Center by the presidency of religious affairs in 1976. The education of qirā’ātwas carried out by Aşıkkutlu who used Egypt method and Gürses used Istanbul method. These specialized training courses were made as periods of 3 years and trainees were begun to be admitted by taking an exam. The first students graduated who learned both methods at the end of the first period which was between 1976 and 1979. The presidency of religious affairs held the exam at a predetermined time for issuing in-service training certification to people, who have worked within its own institution, other institutions and in the private sector, and completed the education on ‘asharamethod with their own efforts and got a degree. This certification has been given to people who succeeded in the written and oral examinations. 184 people got the certification after taking the exam entitled as ‘the exam for external students in the ‘ashara-taqrībcourse’ which was taken place biennially and for the first time in 2010. When students have learned the fundamental principles of ‘ashara method, the first five-ten pages of the Qur’ān were read and indited with regard to distinguish narratives from each other with infirād method. ‘Asheraanalysis of the Qur’ān was indited and read with indirāc method for each student after being taught about certain issues such as the concepts of qirā’āt, its principles, and the grading of the imāmand rāvito students who get education with infirād method in qirā’āteducation in the country. Sources and methods used by scholars who are engaged in qirā’āteducation have become widespread in regions; and these methods have gone under the name of those regions.In this context, the science of qirā’ātwas taught with Istanbul and Egypt methods in the Ottoman Empire. These methods have still been valid in today’s Turkey. Sūfī profession stands for Istanbul method and qirā’āteducation is given with regard to this profession in notably Istanbul and several centers. The education of this profession is given in Pendik, Müftü Yusuf Karali and Haseki Abdurrahman Gürses training centers. Mehmed Rüşdü Aşıkkutlu who was one of the latest period scholars and Gönenli Mehmed are representatives of Egypt method. At the present time, Egypt method is represented as Atāullah profession by reason of the fact that it is commonly followed, adopted and conducted in the country.Nowadays, the edāmethod is used especially at the beginning of qirā’āteducation. Thus, student hears what instructor reads and gives a presentation. Instructors concentrate on the practice arzin the ongoing process and ease off on practice samʿaafter student implemented the lesson. At the present time, the curriculum followed in the qirā’āteducation is the same as the classic method in the country. The ‘Ashera, Taqrīb and Ṭayyibah’ methods were used in education. On the other hand, the person who recites should be a decent ḥāfiẓand know the science of tajweedwell in compliance with Hafs narrative of Asım and implement it. Notwithstanding that, there is the tajweedlesson in curriculum in order to strengthen implementations of the science of tajweed. (shrink)

The subject “rule”, which is one of the most fundamental issues of the Islamic legal theory (usūl al-fiqh), has been in the center of methodological debates. There is one important term in this regard, which should be studied very carefully: Khiṭāb(speech) of the God. It is because that, especially since the first period of Islam, it has been taken with some significant terms in the field of Kalāmsuch as Husn (pretty; good), Qubh (ugly; evil), and the quality of God’s (...) talk. Yet, adopting this term in the description of the “rule” shows that Fiqh is based on divine inspiration, and it also emphasizes that even though there are some differences in details, wisdom of human being is not ignored when adjudicating. Moreover, it suggests that the validity or methodological accuracy of the “rule” which is adjudicated with ruling case is related to the connection through the term speech or divine inspiration. In this regard, Kalāmdimension of the term and its affect to legal theoretical discussions are very important in terms of historical process of the definition of the “rule” in Islamic law. In this study, I tried to examine whether or not the term “khiṭābof the God” which is used in the definition of the “rule” formed a limitation for consideration of legal evidence in Islamic law and if there is any limitation for the legal evidence regarding being only in the Qur’ān and the Sunnah due to this definition.SummaryThe “hukm (rule, arbritation, judgment, God’s will)”-as the backbone notion in usūl al-fiqhis one of the significant key notions discussed in the legal theory. Specifically, the term “khitabullah” mentioned in the definition of hukmis noteworthy to investigate. Since the early formation period of Islamic law, the term khitabullahhas been embraced along with the theological subjects: “husnand qubuh(the good and evil) and kalām(the attribute of speech to Allah)”. The term “khitabullah” in the definition of hukmemphasizes that indeed the source of fiqhis the revelation (wahy) and also emphasizes that the function of reason (‘aql) is not ignored in the process of adjudication- even if there are some nuances in details.Additionally, it presents that the validity or methodological accuracy of the “rule” which is adjudicated with ruling a case is connected to the term speech (khitāb), or in other words to revelation (wahy).On the whole, in the legal theory, the rule of Sharī‘ah is defined as God’s khitab(the communication of God), which means the demand of God relating to the acts of those who are subject of law or the effect of the khitābon the acts of those persons. Although, in the early formative period various explanations were made about what the rule is, it can be understood that the present definition of hukmbegan to evolve towards the end of the 5thcentury (A. H.). It is clear that al-Ghazālī had an impact on the formation of this definition. It is because al-Ghazālī defined the rule of Sharī‘ahas “the communication from God relating to an act of the person who is the subject of law”. After al-Ghazālī, al-Rādī and al-Baydāwī added to al-Ghazālī’s definition the words “iqtidā and takhyīr” and Ibn Hājib added “wad‘an”. Whereas in the Mutakallimun(theologians) tradition, Ibn Hacib's definition was preferred, Fuqaha(jurists) tradition chose two definitions-resembling each other: “Those coming to exist with the khitāb” and “the effect of God’s khitāb”.Along with al-Ghazālī’s definition, the concept of khitābcarved out a niche for itself in it and became the main element of the definition. It is understood that some discussions in the field of theology, such as husn-qubhand God’s attribute of speech have been effective on the interpretation of the concept of khitāb. The Ash‘arilegal theorists argue that the good and evil are not attributes of the self / the acts, whereas the Maturidi legal theorists argue that the exploration and determination of these attributes is rational and thus, the verdict reached via this rationale is lawful. The Maturidi legal theorists initiated the concept of being subject of law with the concept Sharī‘ah and in the line with this opinion; they defined hukmon the basis of khitāb. On the other hand, the Mutazilites’ claiming the attribute of good and evil are inherent feature of the act, did not define hukmon the basis of the khitābaccording to their theological understanding. The word of khitābassessed with God’s eternal speech (al-kalām al-azalī) has been approached from various aspects: for instance, whether the presence of the addressee is mandatory. The early Asharites scholars (mutaqaddimun), in particular Imam Asharī, did not entitle the eternal speech as khitāb. They consider that the presence of the interlocutor is necessary in the conversion of Kalāminto khitāb. The mutaakhirunAsharites (successors of the early Asharites scholars) did not consider the presence of the interlocutor necessary, thus they viewed the eternal speech as khitāb. The former identification of the hukmwith khitābby the early Ashari legal theorists caused to the problem of whether hukmis adventitious or not. Therefore, this approach was criticised by the Mutazilites. On the other hand, the Maturidi and Mutezilite legal theorists accept that hukmis adventitious; hence they do not consider as a problem naming the eternal speech of God as khitāb.When the historical course is examined, it can be said that one of the important aspects of the development of hukm’s definition is the use of khitāb. Khitābin some cases is used without possessive construction, in other cases it is used with possessive construction with God, or in possessive construction with shar’ or Shāri’. The most important one within these possessive constructions is the notion “khitaballah”. Therefore, it is necessary for khitaballahto be approached from the angle of the legal theory. In comparison to other terms, this notion narrowed the scope of the rule down. In the meanwhile, it raised the question: how the rule deduced via legal evidences can be incorporated in khitāb? As a consequence of this question, some legal theorists, such as Tūfī, proposed another definition by adducing this question.Although it is commonly accepted that the rules deduced via other evidences are within the context of the khitāb, there are also different descriptions about the concept of khitaballah. The rule is not limited to khitaballahin the conception of traditional interpretation accepting the khitābas eternal speech or literal speech (al-kalām al-lafzī). Because either all evidences are within the context of the khitāb,which is the eternal speech or other evidences are within the context of the khitāb,which is the literal speech. Thus, each result coming to exist with the other evidences is part of the Islamic law. But not all of these rules are considered equal to each other. Because each rule which is deduced from indisputable origin (qatii al-thubut) and is deduced from completely explicit sources (qatii al-dalala) are accepted as the word of God or the Prophet. On the other hand, other rules deduced via jurisprudence- in other words by jurist’s own value of judgment is viewed as the virtual rule (al-hukm al-zāhir). Such rules do not express absolute certainty. It is unacceptable for these rules to be described as the word of God or the Prophet. In this way, it is clearly understood that the concept of khitaballahmentioned in the description do not introduce restriction to the evidences ofSharī‘ah.We do not see a contradiction when the indefinite rules of Islamic law included in the context of khitāb. Because ijtihāddoes not aim to produce a new rule, on the contrary it functions in order to find out the already existing rules. The legitimacy of the rule obtained through ijtihādemerges from the way that this rule is deduced from the khitāb,which directly or indirectly represents the divine will. In addition, according to us, this legitimacy is not merely limited to versification and conception of the khitāb, but it also includes the function of the reason in (reasonable of the) khitāb. As a matter of fact, trying to solve unlimited cases with limited texts is difficult- in fact this is impossible. The majority of the legal theorists also share this opinion. Then, there is no obstacle in accepting that each rule obtained by authentic source and methodology can be considered part of Islamic law by implicating the rule in the context of khitāb(which represents the divine will) - although it may contain error and presumption. (shrink)

One of the ways Islamic tradition addresses questions of military ethics is through inquiries into the shari'a, indicating the ideal way of life and usually rendered as Islamic 'law'. Discussion of the shari?a includes an extended conversation concerning the justification and conduct of war. The work of al-Shaybani (d. 804) and other early scholars in the Hanafi school illustrates an important moment in this conversation, establishing precedents to which subsequent generations of Muslims (including contemporary Muslims) must respond. Further, (...) the accomplishments of these scholars provide an important example to all those engaged in thinking about military ethics. (shrink)

There are two widely accepted definitions of ilm al-tafsīr in the hāshiyahs on Anwār al-Tanzīl. The most accepted ones are as follows: Tafsīr is the science that investigates the states of the word of Allah in terms of signifying the will of Allah. This definition mainly belongs to al-Taftāzānī in his hāshiyah on al-Kashshāf. Despite the objections directed to it, the definition was accepted in the later phases and there were not any detailed discussions on it. From this point of (...) view, it can be concluded that there is a common tafsīr definition in Anwār al-Tanzīl hāshiyahs due to the fact that the majority concurred with this definition. The prevalence of this definition is also out of the question for al-Kashshāf hāshiyahs. Its prevalence in the following literature may be attributed to its implementation in accordance with the definition requirements. Because in the definitions made based on the subject, the subject is regarded as genus, and how this subject is addressed is also considered as a difference (fasl). Accordingly, in the above definition, the subject of the tafsīr is explained as the states of Kalam, and the direction in which it is addressed is expressed in terms of the will of Allah. Thus, the subject of tafsīr and its research direction were explained and its difference from other sciences researching the Qur’ān was also stated. According to the second most widespread definition in the hāshiyahs, tafsīr is a science in which the meanings of the Kalam of Allah are known in terms of human capacity/capability. This definition is more or less a description (rasm) compared to the previous one. Hence, it is a looser definition. For this reason, the definition does not allow tafsīr to be separated from other sciences. Because, the meanings of words in the Qur’ān, language sciences and religious sciences are also explored. However, in the other definition, the difference of tafsīr was taken into consideration by including the directional record and the will/intent expression more quickly. On the other hand, the second definition has a limitation of being based on human capacity/capability that reveals some features of the tafsīr more clearly. This limitation expresses that the research in tafsīr is based on suppositional data in one way and continuity in another. Both definitions in the hāshiyahs show that there are clear and common definitions of ilm al-tafsīr between the hijri 9th and 12th centuries. It is stated that with a few exceptions, in almost all of the hāshiyahs, the ilm al-tafsīr is divided into two parts as tafsīr and ta’wīl. The tafsīr here is based on narrative, and ta’wīl is based on reason. Explanation of both of them in this way can be seen in al-Kashshāf. Accordingly, it is understood that both concepts become evident in al-Kashshāf and Anwār al-Tanzīl hāshiyahs. However, when we look at some tafsīr introductions, and literature of ulūm al-Qur’ān, it is observed that vastly different explanations have been made about them. This gives the impression that there is no clear and widespread acceptance of them. However, by explaining as mentioned, their meaning becomes clear in the next literature. Because this explanation about them is essentially a statement that al-Māturīdī conveyed from his predecessors. Accordingly, an explanation about both concepts that was conveyed from the early period has gained acceptance and became widespread especially in the sharhs-hāshiyahs for the following process. Since al-Baydāwī associates both concepts with muhkam and mutashābih, the commentators also explained this relationship. They contain the definitions of the muhkam and mutashābih, which al-Baydāwī made in accordance with Shāfi‘ī method. Accordingly, muhkam are the ones that is clear in terms of what is meant, and do not need further explanation. Examples of muhkam are verses about shari‘a 'orders, inheritance distribution, transactions, and marriage issues. The provisions on these issues should be based on narrative, not reason. Thus, the explanation of muhkam becomes tafsīr. The mutashābih is interpreted since the meaning is not clear. In this case, their interpretation is also ta’wīl. The religious sciences that tafsīr benefits from are explained as being hadith, fiqh, theology, mysticism, and usūl al-fiqh, and this case expresses a general opinion. Literary sciences required for tafsīr are also described as glossary, derivation, morphology, grammar, bayān, ma‘ānī, and badī‘. However, there are two opinions about the knowledge of disciplines such as prosody, rhyme, qard al-shi‘r, khat, and inshā. According to one opinion, since these sciences are not related to the Qur’ān, it is not necessary to know them in order to interpret them. According to the other one, for a competent interpretation activity, these sciences must be known, and their data are thought to contribute to tafsīr. (shrink)

While much has been written about Islam, particularly over the twenty-five years, few books have explored the full range of the ideas that have defined the faith over a millennium and a half. Fitzroy Morrissey provides a clear and concise introduction to the origins and sources of Islamic thought, from its beginnings in the 7th century to the current moment. He explores the major ideas and introduces the major figures--those who over the centuries have broached life's major questions, from (...) the nature of God and the existence of free will to gender relations and the ordering of society, and in the process defined Islam. Drawing on Arabic and Persian primary texts, as well as the latest scholarship, A Short History of Islamic Thought explains the key teachings of the Qur'an and Hadith, the great books of Islamic theology, philosophy, and law, as well as the mystical writings of the Sufis. It evaluates the impact of foreign cultures-Greek and Persian, Jewish and Christian-on early Islam, accounts for the crystallization of the Sunni and Shi'i forms of the faith, and accounts for the rise of such trends as Islamic modernism and Islamism. Above all, it reveals the fundamental principles of Islamic thought, both as a source of inspiration for Muslims today and as illuminating and rewarding in their own right. (shrink)

Abrogation (naskh) is one of the controversial themes of Islamic studies, especially in later period that of principle of exegesis (uṣūl al-tafsīr). However, the recent studies on abrogation (naskh) do not offer a comprehensive analysis on the concept. In fact, the problem of naskh (abrogation) is in need of a systematic and holistic approach, which would only be possible with a detailed study on how the concept of abrogation (naskh) is understood in Islamic interpretive tradition (tafsīr). With this (...) purpose in mind, this article intends to examine two points regarding the term abrogation: first, the article will offer a analytical reflection on the diverse views of naskh, and then it will highlight how Ibn Kathīr (d. 1373) understood and applied this term to his hermeneutical framework. By doing so, the present study aims to show Ibn Kathīr’s position in Islamic interpretive tradition on the matter of naskh. The key conclusion of this study is that although Ibn Kathīr is one of the representatives of the traditional riwayah (sound transmission through a chain of exegetes) exegesis, he advances his interpretive hermeneutics with multiple aspects that also involves dirayah (personal opinion) exegesis (tafsīr). SUMMARY The problem of naskh (abrogation) is one of the most important and controversial themes of science and principle of exegesis (ʿilm wan a-l uṣūl al-tafsīr) in Islamic tradition. In order to understand naskh, which is claimed to be occurred in the Qur’ānic text, it is necessary to involve the time of the revelation of the Qur’ān. An analysis of this period reveals that first Muslims regard the naskh as a natural process of the revelation and do not dispute over this matter. In other words, the controversial theme naskh is perceived by first addresses of the Qur’ān as a hermeneutical characteristic of the Qur’ānic revelation. Therefore, naskh was not considered as a controversial concept and debated its origins based on the question whether it organically belonged to the revelation. It will be clear that the different views on naskh (abrogation), particularly after the time of the Companions is not a conceptual problem; rather Muslim scholars differed in their methodological approaches to naksh. Naskh has not been questioned as a concept in early Islamic tradition. Rather it has gradually developed over the centuries. Naskh has been elaborated with the terms of uṣūl al-fiqh (principles of Law), such as takhṣīṣ (specification) and taqyīd (restriction) and its conceptual meaning has been extended after, particularly Abū ʿAbdullah Muḥammad b. Idris b. ʿAbbas al-Shāfiʿī (d. 820). To sum up, naskh is regarded with a methodological perspective. However, in the field of Turkish Islamic studies, especially after the Cumhuriyet, the term naskh is not regarded as a natural consequence of the process of tanzīl (revelation of the Qur’ān) neglecting the gradual aspect of revelation and the disputes over the term has been concluded either rejecting or simply accepting this concept without providing a satisfactory result on the matter. This article examines one of the most prominent Muslim exegete Ibn Kathīr’s (d. 1373) approach to the problem of naskh in the context of previous modern scholarship on naskh (abrogation). However, the analysis of Ibn Kathīr’s perception of naskh does not claim to be exhaustive on the matter. This requires a more comprehensive study on the concept of naskh, which is clearly beyond the scope of this article. Therefore, the present study intends to specifically focus on general aspect of Ibn Kathīr’s understanding of naskh and how his perception is presented in modern studies. When Ibn Kathīr’s commentary is analysed, it becomes clear that his understanding of naskh is significant and not necessarily in line with his riwayah (sound transmission through a chain of exegetes) tafsīr (exegesis). For example, he notes the dates between abrogating and abrogated Qur’ānic verses and claims that it is necessary to find certain proofs to validate the claim of abrogation (naskh) for particular legal judgments and verses, which clearly shows that Ibn Kathīr approaches to the problem of naskh with a methodological perspective. Ibn Kathīr’s interpretation of the well known Qur’ānic verse Q 2.106 in a different sense and most importantly his consideration of the matter only in the Qur’ānic context are clear examples of his methodological approach. His interpretation of Q 2.106 simply shows that he meticulously distinguish between the acceptance of naskh as a concept and as an interpretive method. The modern studies on naskh, on the contrary, consider the matter only on the base of a conceptual analysis. Ibn Kathīr prefers to transmit the traditional opinions based on personal interpretation and interprets some Qur’ānic verses. This is clearly his method of re-interpretation based on rational thinking (taʾwīl). His way of rational reasoning leads Ibn Kathīr to the rejection of naskh (abrogation) and the restriction of Qur’ānic verses that are related to the theory of abrogating and abrogated verses (nāsikh-mansūkh). This clearly proves that Ibn Kathīr does not merely adopts and employs the method of riwayah, which is contrary to the supposition that he is the exegete of a commentary that heavily draws on hadith reports and transmitted traditional reports. In fact, this most importantly shows that Ibn Kathīr’s Qur’ān commentary can also be regarded as a dirayah (personal opinion) tafsīr (exegesis) and that there are enough material in traditional Muslim Qur’ānic exegesis to re-analyse the problem of naskh (abrogation). Relying on this last point, this article argues that a comprehensive analysis of naskh requires a research on the traditional interpretive sources. Therefore, it might be helpful to reconsider the matter of naskh with its conceptual background in the works of traditional Muslim exegetes rather than focusing only on whether the concept naskh exits or not in the origins of the Qur’ānic revelation. At this point, an analysis of Ibn Kathīr’s perception of naskh and his rational reasoning that is employed in his commentary will contribute to the understanding of the theory of naskh (abrogation) in the tradition of Qur’ānic exegesis. (shrink)

The implementation of international human rights laws at the national and local levels relies on the framing of norms. Recent research has shown that international norms regarding child marriage have shifted from setting a minimum age limit to building the agency of girls to resist the practice, which can be either active or passive. Active agency requires taking action for its purpose, whereas passive agency involves acting in situations with limited options. The dominant discourse on child marriage often portrays girls (...) as victims, and this article adds to the existing literature on how child brides exert agency utilizing semiotics approach. Based on an extended qualitative study conducted at _Quarit Woreda_, the Amhara Regional State of Ethiopia, the article explores how the girls have been exerting transformative agency to resist the practice, or at least exercise limited agency to enforce their marital choice. It also contrasts them with female parents, where the latter are found to uphold mythical signification being one among the central norm holders. By doing so, the contribution seeks to understand the semiotic system—the structural resources that support versus socio-cultural factors that constrain their agency. This article also discusses the multifaceted difficulties faced by girls in challenging the well-established norm and the creative strategies they use to overcome impediments through networking and collaboration pathways. Lastly, the article suggests potential future interventions that aim to enhance girls’ transformative agency which in turn supports the effective enforcement of child marriage law in the study area. (shrink)

In Islam, a child is commanded to do good to his parents. Doing good is not only limited to outward attitudes but also to all aspects of attitude, words and deeds—including the inner aspect. This study talks about the relevance of Plato’s ethical philosophy to the concept of filial piety in the Qur’an. The background of the research points to the relationship between parents and children as fundamental in consciously shaping virtuous character. The relationship between teachers and students is like (...) the relationship between children and their parents. Therefore, it is important to apply the attitudes of children towards their parents in the context of the relationship between teachers and their students. This research method uses descriptive analysis obtained through library research, which is obtained through relevant sources, such as books, journals, theses, dissertations, etc. The purpose of this study is of course to find out the relevance between Plato’s ethical philosophy and the concept of birr al-wālidayn in the Qur’an. Therefore, before moving on to discussing the relevance of Plato’s ethical philosophy to the concept of birr al-wālidayn in the Qur’an, the author first explains the meaning and classification of ethics, as well as ethical philosophy in Plato’s thought. The results of this research indicate that Plato’s ethical philosophy and the concept of birr al-wālidayn in the Qur’an, are relevant when denying the bad values that are often entrenched. It lies in the realization of ethical action, as stated only based on the value of goodness alone. (shrink)

Upon previous research, the matrilineal system seems to oppose Islamic teaching. However, the matrilineal system practiced by the Minangkabau society in West Sumatra, Indonesia has its uniqueness. Thus, this study aims to examine the correlation between the Qur’an and gender roles within the context of Minangkabau customs, specifically focusing on the matrilineal aspect. The present study employs qualitative methods for conducting library research through critical analysis. This study discovered that the matrilineal system practiced by the Minangkabau society aligns with (...) Qur’anic teachings that respect the position of women in Islam. In the matrilineal system of Minangkabau, women hold significant strength and play an influential role in cultural and traditional practices. The Minangkabau tribe’s matrilineal system encompasses three key elements: marriage, inheritance and offspring. The marriage system is exogamous. Additionally, the practice of marriage is localised, with the husband typically residing in the wife’s household. Their inheritance is divided into pusako tinggi [from ancestors from generation to generation] and pusako randah (from the efforts of married couple). Women get pusako tinggi as they serve as protectors and a symbol of their community. In comparison, men take the responsibility of overseeing its preservation to prevent any form of misuse. Pusako randah is distributed as Islamic teaching. Lineage determination is primarily based on paternal lineage, aligning with Islamic teaching. Upon comprehensive analysis, it becomes evident that there is no conflict between the matrilineal system and Islamic teachings, particularly concerning principles of gender equality. Both women and men have significant roles, as the Qur’an provides extensive explanations regarding gender equality.Contribution: This research holds significant findings in establishing a great relation between Islamic teachings based on the Qur’an and the matrilineal principles practiced by the Minangkabau tribe. (shrink)