Āshtiyānī, Jalāl al-Dīn - Bibliography ; Āshtiyānī, Jalāl al-Dīn - Criticism and interpretation ; philosophers - Iran - 20th century.

God -- will - Act (Philosophy) -- Quranic teaching -- Free will and determination.

Ṭūsī, Naṣīr al-Dīn Muḥammad ibn Muḥammad, 1201-127 ; Risālah-i is̲bāt al-ʻaql - Criticism and interpretation.

Asharites and human freedom with a study on occasionalism; religious aspects of Islam.

Dawwānī, Muḥammad ibn Asʻad, 1426 or 1427-1512 or 1513; Akhlāq-i Jalālī ; Islamic ethics -- Early works to 1800.

Partiendo del análisis de una fetua en la que se plantea la posibilidad de condenar a la lapidación a una mujer acusada de haber mantenido relaciones sexuales ilícitas con un hombre, se analiza la doctrina legal sobre zinā de Ibn Rušd el abuelo , uno de los juristas mālikíes más relevantes de todos los tiempos. El análisis de esta doctrina conduce a una reflexión acerca de tres cuestiones: 1) la escasez de referencias a la aplicación del castigo de lapidación en (...) el período pre-moderno, 2) la actitud contradictoria de los juristas musulmanes de ese mismo período, los cuales, por una parte sostienen la vigencia del castigo y por otra parte insisten en el respeto escrupuloso de una doctrina que hace que sea prácticamente imposible aplicarlo y 3) la vigencia del corpus de opiniones creado por estos juristas en los debates contemporáneos acerca de la práctica de la lapidación. (shrink)

Satr al-awrah (Hijab /veiling) is one of the obligatory provisions for men and women in Islam. Satr al-awrah, as a religious/jurisprudential term, means covering the parts of the body (awrah) that should be covered by religion. Islamic jurisprudents have disagreed on whether satr al-awrah is a condition of validity for prayer. There are two basic approaches to this issue, one of which belongs to the public (jumhūr including the Hanafī, Shafiī and Hanbalī schools) and the other to the Mālikīs. According (...) to the majority (jumhūr), satr al-awrah is a validity condition of the prayer. Therefore, a prayer performed without fulfilling the satr al-awrah condition is not valid. A prayer performed in this way must be re-performed absolutely within or outside of time. There are two approaches in the Mālikī school regarding whether the satr al-awrah is a condition for the validity of the prayer. The first approach is (partly) the same as the jumhūr. According to the second approach (without any distinction between prayer and outside the prayer), satr al-awrah is a general obligation in Islam and is not a valid condition for prayer.According to the Mālikīs who accept this second view, it is sunnah to comply with the satr al-awrah condition in prayer. On the other hand, in the Mālikī school, awrah is divided into two as ʿawrah mughallaẓa and ʿawrah mukhaffafa in terms of its effect on the validity of prayer. The disagreement about whether the satr al-awrah is a condition of validity for the prayer is related to the ʿawrah mughallaẓa. On the other hand, there is an agreement that the ʿawrah mukhaffafa is not a condition for the validity of the prayer. The disagreement in the classical fiqh doctrine about whether the satr al-awrah is a condition for the validity of the prayer has some jurisprudential consequences. As a matter of fact, according to the majority, whether it is ʿawrah mughallaẓa or mukhaffafa, a prayer performed with an uncovered awrah is not valid and must be re-performed absolutely. In the Mālikī school, there are different opinions depending on whether it is ʿawrah mughallaẓa or mukhaffafa. If the place uncovered on the body is ʿawrah mughallaẓa; According to those who accept the satr al-awrah as a condition for the validity of the prayer, the prayer is not valid and must be re-performed absolutely. After the time has passed, the prayer does not have to be repeated. If the place uncovered on the body is ʿawrah mukhaffafa, according to all Mālikīs, unanimously the prayer is valid. Although it is recommended to reperformed it in time, it is not required to be returned after the time has passed. The following can be said about the practical examples of the disagreement in the classical fiqh doctrine regarding whether the satr al-awrah is a condition for the validity of the prayer, especially in terms of ʿawrah mukhaffafa: According to Mālikīs, who do not accept the validity of the satr al-awrah for prayer, it is valid for women to pray with their heads down, below the knees and with their arms uncovered. Again, according to them, it is valid for men to perform prayers with their thighs/hips (fakhz) uncovered, since it is considered one of the private parts. (shrink)

El derecho de un esclavo a ser manumitido le confiere un status jurídico distinto del que poseen el hombre libre y el esclavo corriente. Tanto antes de que la liberación se consume, como después, los manumitidos tienen unos derechos y obligaciones regulados por el derecho islámico de acuerdo con su nueva personalidad jurídica: umm wald, mukātab, mudahbar, mawlà, etc., que condicionan y limitan el modo de relacionarse con otros individuos, de constituir grupos y, en definitiva, de integrarse en la sociedad. (...) En este artículo se analizan, a través de textos legales mālikíes medievales, algunas de las consecuencias de la manumisión en la capacidad de obrar de los esclavos liberados que adquieren diversos status intermedios entre la esclavitud plena y la libertad plena. (shrink)

El derecho de un esclavo a ser manumitido le confiere un status jurídico distinto del que poseen el hombre libre y el esclavo corriente. Tanto antes de que la liberación se consume, como después, los manumitidos tienen unos derechos y obligaciones regulados por el derecho islámico de acuerdo con su nueva personalidad jurídica: umm wald, mukatab, mudabbar, mawlà, etc., que condicionan y limitan el modo de relacionarse con otros individuos, de constituir grupos y, en definitiva, de integrarse en la sociedad. (...) En este artículo se analizan, a través de textos legales malikíes medievales, algunas de las consecuencias de la manumisión en la capacidad de obrar de los esclavos liberados que adquieren diversos status intermedios entre la esclavitud plena y la libertad plena. (shrink)

Kuzey Afrika’da kurulan bilâhare Endülüs bölgesini topraklarına dahil eden Murâbıtlar Devleti 448-543 yılları arasında hüküm sürmüştür. Murâbıtlar Devleti’nin temeli Kuzey Afrika’daki kabileler arasında irşad ve tebliğ faaliyetinde bulunan ve bu maksatla bir ribat kuran Mâlikî fakihi Abdullah b. Yâsîn tarafından atılmıştır. Mâlikî mezhebine mensup olan ve bu mezhebin esas alınması hususunda büyük hassasiyet gösteren Murâbıtlar Devleti emîrleri devletin kuruluş gayesine sadık kalmışlar, karar alırken fakihlere danışmışlar, onların fetvâları ve tavsiyeleri doğrultusunda devleti yönetmişlerdir. Bu durum fakihlerin tesir sahasının oldukça (...) geniş olmasına sebebiyet vermiştir. Murâbıtlar Devleti, fakihlerin bu devlette büyük bir otoriteye sahip olmaları ve bilhassa onların fetvâları ile vuku bulan hadiseler sebebiyle yıkılışından itibaren çeşitli değerlendirmelere konu olmuştur. Bu devlete son vererek bu devletin topraklarında hüküm süren Muvahhidler, müsteşrikler ve bir kısım araştırmacılar Murâbıtlar Devleti’ne tamamen olumsuz bir bakış açısıyla yaklaşmış, çeşitli ithamlarda bulunmuşlardır. Diğer taraftan bilhassa son dönemlerde bu suçlamalara cevap niteliği taşıyan çalışmalar da yapılmış, eserler ortaya konulmuştur. Bu çalışmada öncelikle Murâbıtlar Devleti’nde en önemli makam olarak kabul edilen kādılık makamını ihraz eden fakihlerin yetki ve sorumlulukları hakkında bilgi verilmiştir. Sonrasında devletin zirve döneminde hüküm sahibi olmuş Yûsuf b. Taşfîn ve Ali b. Yûsuf b. Taşfîn’in fakihlerle ilişkileri ile fakihlerin bu emîrlerin döneminde cereyan eden önemli hadise ve kararlardaki rolü ele alınmıştır. Çalışmanın son kısmında ise Murâbıtlar Devleti’nde fakihlerin konumu ve etkisi ile alakalı olarak yapılan değerlendirmelere yer verilmiştir. (shrink)

La arqueología ha revelado recientemente la existencia de una importante revitalización urbana en Córdoba durante el Califato Almohade, apenas tratada hasta ahora por la historiografía, centrada principalmente en su pasado omeya. Por un lado, se ha observado una importante inversión del poder almohade en elementos defensivos y palatinos, acaso por tratarse en estas fechas de un centro fundamental en la conceptualización histórica de al-Andalus y en la lucha contra los reinos cristianos; por otro, se ha documentado un importante crecimiento orgánico (...) y privado extramuros. Todo ello coincidió con su elección como capital andalusí en 557/1162 por ‘Abd al-Mu’min, lo que suponía un hito fundamental para la legitimación de su nuevo califato. Tras su muerte pocos meses después, Abū Ya‘qūb Yūsuf hizo regresar la corte a Sevilla, creando un importante cambio de rumbo en la política almohade que no afectó al resurgir urbano de la antigua sede omeya. En realidad, Córdoba seguiría muy presente en la mentalidad colectiva andalusí durante el gobierno almohade, manteniéndose como referente principal del esplendor pasado y como núcleo esencial de la tradición mālikī. (shrink)

The Jalālī (or Malikī) Calendar is well known to Iranian and Western researchers. It was established by the order of Sulṭān Jalāl al-Dīn Malikshāh-i Saljūqī in the 5th c. A.H. (The dates which are designated with A.H. indicate the Hijrī Calendar.)/11th c. A.D. in Isfahan. After the death of Yazdigird III (the last king of the Sassanid dynasty), the Yazdigirdī Calendar, as a solar one, gradually lost its position, and the Hijrī Calendar replaced it. After the rise of Islam, nonetheless, (...) Iranians preferred various solar calendars to the Hijrī one. The Jalālī Calendar must be considered the culmination of such efforts. The present article deals with the riddle of the radix date (epoch) of the Jalālī Calendar. The author examines the problem through a historical approach and provides a novel solution to the question. (shrink)

Born in 1126 to a family of Maliki legal scholars, Ibn Rushd, known as Averroes, enjoyed a long career in religious jurisprudence at Seville and Cordoba while at the same time advancing his philosophical studies of the works of Aristotle. This translation of Averroes’ Long Commentary on Aristotle’s _De Anima_ brings to English-language readers the complete text of this influential work of medieval philosophy. Richard C. Taylor provides rich notes on the Long Commentary and a generous introduction that discusses Averroes’ (...) most mature reflections on Aristotle’s teachings as well as Averroes' comprehensive philosophical views on soul and intellect. It is only in the Long Commentary that Averroes finally resolves to his satisfaction the much vexed issue of the nature of intellect, Taylor shows. (shrink)

Kin marriages have been a subject of literary, historical, sociological, religious, and medical studies from past to present. Such a marriage has been discussed within the science of fiqh in terms of religion. Ḥanafī and Mālikī mujtahids stated that this marriage is permissible. While Shāfiʿī and Ḥanbalī mujtahids did not recommend kin marriage by seeing it permissible. Based on the fundamental doctrines of Islamic law, they argued that marrying a foreign candidate is mustahabb and answered the related criticisms against their (...) fatwa. In scientific studies, genetic risks in kin marriages were found to be twice as high. Therefore, the kin marriage was not recommended and it is suggested that those who will marry with relatives should undergo carrier tests. In some contemporary religious studies, it has been argued that the families established by kin marriages are stronger, the genetic research does not have absolute precision, and it may be ideological in the form of weakening the family-society structure. Besides, the ijtihads distant to close kin marriage is weak in terms of evidence and opposing evidence has been put forward to defend kin marriage. On the other hand, in some sociological studies, it has been argued that kin marriage is predominantly caused by religion and that it wekaned the social solidairty. This study analyzes the classical and contemporary approaches to kin marriage in detail within the framework of thesis-antithesis in terms of fiqh, uṣūl al-fiqh, and evidence, and evaluates such studies from a fiqh point of view by including medical research results and some sociological studies on kin marriage. A generally accepted deterministic link cannot be established between kin marriage and genetic disorders. Because, the same risks are found in marriages with foreigners and also arise from harmful substance addiction. However, the genetic risk rate in marriage with close relatives is twice that of marriage with a foreign candidate. The least of the two possible losses is preferred. So it is very sensible that a marriage that is twice as likely to take such a risk should not be recommended by religion. Because, the main purpose of religion in marriage is to protect the generation and ensure its continuation. The fact that such a marriage is not religiously prohibited does not mean that it was recommended. Because it is left to individuals and public authority to limit the ibaha on the grounds of maṣlaḥa. On the grounds that the hereditary risk rate is high, kin marriage is not recommended in the fiqh and an effort has been made to prevent such a marriage from becoming widespread. Sociologically, marriages with a foreign candidate who is equivalent to a close relative are more appropriate in terms of strengthening the social organization. It is seen that Shafi'i and Hanbali ijtihad, which do not recommend close relatives marriage, are supported by current medical and genetic research. It is understood that the ijtihads that does not recommend marriage with close relatives is inaccurate in terms of evidence, and the views that argue that such marriages are stronger in terms of benefits are not in place. In general, it is seen that religion is distant from kin marriage, and such marriages are mostly caused by psychological, sociological, and cultural reasons. The fact that such marriages are common in areas belonging to the Shāfiʿī and Ḥanbalī schools that do not recommend marriage with close relatives, on the other hand, the fact that marriages between close relatives are less in Hanafi regions, which state that the same marriage is only permissible, supports this. In this respect, some claims arguing that such a marriage stems from religion based on the understandings that refer to that kin marriage is recommended by religion, are not accurate. For this reason, it is difficult to establish a connection between the disintegration of social unity, the spread of hereditary diseases, and the claims that religion recommends consanguineous marriage. Today, enlightening the religious aspect of kin marriage will be beneficial in protecting society against hereditary risks. (shrink)

In the 5th/11th century in Cairo, Imam Ḥamza, the founder of the Druze faith, abrogated the entire substantive laws, including the Islamic one. And yet, four centuries later, Druze jurists in the mountainous regions of Syria developed their own legal doctrine. This essay explores the evolution of Druzism from an esoteric doctrine according to the Ismāʿīlī vision to a madhhab (doctrinal school of law) using the prism of gender (in)equality. Through a close reading of the Imam’s epistles in the Ḥikma (...) (i.e., the Druze canon of scripture) and Druze law treatises from the 9th/15th century, I show how premodern Druze jurists were influenced particularly by Shāfiʿī and Mālikī law. Although they remained faithful to the strict gender equality articulated in their sacred book, Druze jurists established a gender hierarchy in marriage and permitted wife beating based on Q 4:34. They however expounded an original doctrine of zinā (adultery): despite their construction of femininity as inferior and irrational, and their assumption of women’s intellectual deficiency, Druze jurists considered nonconsensual marriage as well as nonconsensual sex in marriage to be crimes of zinā. I argue that Druze jurists developed rules that enforced sexual equality but simultaneously conformed to their patriarchal vision of society to maintain the social cohesion of their religious community, clans, and extended families, all of which provided local networks for informal conflict resolution. (shrink)

Este artículo examina el desarrollo histórico y la jurisdicción del «inspector de la policía y del mercado» {ṣāḥib al-šurṭa wa-l-sūq) en Córdoba a través de los casos judiciales tomados de la colección de dictámenes jurídicos de Ibn Sahl al-Aḥkām al-Kubrà y de fuentes biográficas e históricas. Durante el período de Taifas, esta expresión omeya dio paso al «inspector de sentencias jurídicas» {sāḥib al-aḥkām). A través de más de veinte casos, datables entre los años 456/1064 y 464/1072, se demuestra cómo este (...) juez, que no era qāḍī, seguía en sus sentencias el fiqh mālikī, tanto en las leyes procesales como en la ley sustantiva. (shrink)

La vieja concepción de la šarī‛a como un ideal sin ninguna relación con la práctica jurídica está siendo abandonada cada vez más gracias a los resultados de recientes investigaciones. La capacidad de la šarī‛a para absorber la práctica jurídica de cada época puede ser analizada a partir de los distintos géneros de la literatura jurídica y del campo del Derecho. En este artículo se analiza el material relativo a los procedimientos jurídicos que se encuentra en los textos legales mālikíes más (...) importantes hasta el siglo VI/XII, con especial atención a los datos concernientes a la práctica jurídica. Ese material ha sido organizado siguiendo el criterio de hacer referencia a la práctica legal de la época. Esto permite, por un lado, comprobar hasta qué punto esa práctica permeaba los textos jurídicos mālikíes y, por otro lado, esbozar la influencia que la práctica legal tuvo en los procedimientos jurídicos de la escuela mālikí. (shrink)

This article aims at examining the limits of change in the field of worship through a study on the origins of the ḥukm[religious ruling] of Shawwāl fasting that is widely practiced in the different parts of Muslim world. The study, firstly, deals with the evolution of the ḥukm of Shawwāl fasting chronologically among four sunnī schools of law, then analyzes the solitary reports on the topic. It concludes that in Mālikīand Ḥanefīschools, the ḥukm of this specific worship changed within the (...) limits of karāha [reprehensibility], ibāha [permissibility], and nadb [recommendation]. This ḥukm was constructed based on solitary reports which later became a paradigmatic source of religious legitimacy in the Ḥanbalīschool beginning with the eponymous Imām and in the Shāfiʿīlong after the founding authorities. It also claims that it is strongly probable that the solitary reports on the topic go back to a deduced opinion in the age of companions, but then reached to a form of prophetic solitary report in the corpus of hadīth reports. Ultimately, this specific worship that has restricted number of fasting was established with the paradigmatic effect of the approach to solitary reports as the only authentic way of transmitting the sunna, even though it is at odds with the fact that this worship had not been implemented in the first two centuries after hijra, i.e. contrary to the established practice [ʿamal]. Summary: The issue of change of rulings in Islamic law comes up frequently on various occasions, and an increasing number of academic studies are trying to determine the characteristics and limits of this change in numerous books, articles and papers. These studies mostly seem to focus on bringing together the arguments that can be compiled under the title of ‘the flexibility of Islamic law in response to the challenges of modernity’. Although the change of rulings in Islamic law is an undeniable fact, reading it only from the lens of the change in Islamic law depending on the requirements of time is an inadequate reading. The change of rulings in Islamic law has different motives; and the change of time, more precisely the change of custom, is only one of them.On the other hand, another issue that comes up in relation to the change of rulings is the claim that this change can only take place in terms of the rulings regulating the interpersonal relations, i.e. muʿāmalāt. In fact, this claim relies on the abovementioned approach that limits the change in Islamic law with the change of custom. Hence, because other two main areas of Islamic law, worships (ʿibādāt) and punishments (ʿuqūbāt) are not open to change through custom, their rulings will not change at all. This article will try to reveal that the change in rulings might reside in a sort of another change emerged in relation to the sources of these rulings, which is a neglected point. Thus, by exposing that the field of worships which is mostly considered as a closed area for change in rulings is actually open to it, this article will examine the limits of this change.For this analysis, the article deals with the fasting of six days in the month of Shawwāl as an example, which is widely practiced in various parts of the Islamic world. The main evidence on which this fasting is based on is a report transmitted in the considerably authentic hadith sources of Ahl al-Sunnah, which reads as follows “Whoever fasts the Ramaḍān and adds six days from Shawwāl, will get reward of the entire year”. This fasting, which is the subject of a great agreement on its ruling as recommended (mustaḥāb) practice today, was actually regarded as reprehensible (makrūh) by the two great eponymous jurists of the first two schools of law in the second Hijrī century, namely Mālik b. Anas and Abū Ḥanīfa. In his al-Muwaṭṭaʾ,Mālik clearly expresses that he did not recognize any scholar who keeps this fast, and that no [authentic] report has reached him on this. The fact that both Mālik b. Anas and Abū Ḥanīfa declared an opinion on the subject shows that this practice started to appear in the first half of the second ḥijrī century as a practice or as a solitary report (khabar al-wāḥid). However, both imāms have stated that such a specific worship would be makrūh. In spite of these very sharp expressions, the schools of law, which were founded by the followers of these two eponymous scholars, abandoned their views and widely accepted Shawwāl fasting as mustaḥāb. This article examines why this sharp change occurred in a worship in the schools of law and in which way it took place.Accordingly, the fundamental motive in this change is a paradigmatic transformation in understanding and identifying the sunna as a source of normativity. Although an agreement was formed on the validity of solitary reports as a source of knowledge in the second ḥijrī century, it was not yet accepted that these narrations are identical to sunna as a source of normativity. For that reason, both Abū Ḥanīfa and Mālik did not hesitate to reject any solitary report that contradicted a stronger evidence. However, as a result of the extraordinary efforts of Ahl al-Ḥadīth, the epistemic value of solitary reports has reached to an authority equating them to the sunna with a very rapid acceleration as of the end of the second century and throughout the third century. This situation led later scholars of schools to abandon the views of the eponymous scholars of these schools on certain topics in favor of certain solitary reports. This was also the process for the change in Shawwāl fasting.This thesis will be put under two headings, a section that tries to determine the periods and processes for the Sunnī schools of law in considering this fasting as mustaḥāb; and another section that provides an evaluation of transmitted reports in relation to the Shawwāl fasting. Accordingly, in the Mālikī and Ḥanafī schools, due to the effect of the reports, the ruling of Shawwāl fasting has been transformed from makrūh into the mustaḥāb as a result of the interpretational activities that started in the fourth ḥijrī century. Shawwāl fasting was accepted as mustaḥāb in the Shāfiʿī school, although there was no transmitted opinion on the subject from the founding imāms, in the fifth ḥijrī century; and in the Ḥanbalī school directly by the founding imām Aḥmad b. Ḥanbal, whose main aim was to follow a concept of religion that puts the transmitted reports at the center. When the reports on the subject are examined, it demonstrates that the mustaḥāb ruling is mainly rooted in a report by Saʿd b. Saʿīd transmitted in the famous hadīth compilations including Muslim’s Ṣaḥīḥ.Yet, this report was criticized in its both chain and text. Combining the facts that the same report with the same chain was also transmitted as the words of the companion in some sources and the verse that declares good deed will be rewarded ten times higher than what it deserves will make the following explanation a valid one: As Mālik put it such a fasting practice was commonly unknown to the Muslim society in the first two centuries after the ḥijra. Sometime after the death of the Prophet, an inference was made probably by a companion(s) as that it would be a good deed if someone who fasted an entire month already and got used to the fasting to fast six more days in order to get a reward of fasting for the entire year according to the verse that rewards good deeds with ten times higher. Since it is a recommended practice in essence, i.e. fasting for the sake of Allah, this inference transformed into a report and easily passed through the filters of hadīth scholars who are linked to a sort of piety promoting worships among people. After the solitary reports gained an authority to the extent that they can rarely be challenged, the followers of later schools of law preferred to get in a process of re-interpreting the opinions of their imāms in order either to reconcile them with the content of report, or at least to show why these imāms actually spoke against this fasting. Eventually, the later scholars of madhhab decided for the standard opinion of the madhhab depending on the reports in favor of the Shawwāl fasting rather than following their eponymous imāms. (shrink)

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

Este artículo discute las opiniones de Ibn Ḥazm de Córdoba jurista y teólogo, acerca de la homosexualidad. Aunque se hace referencia a su obra literaria Ṭawq al-ḥamāma, rica en anécdotas sobre atracción homoerótica, el artículo se centra en su voluminosa obra legal zahirí Kitāb al-Muḥallā y analiza el razonamiento legal de Ibn Ḥazm sobre la homosexualidad tanto masculina como femenina comparándola con la de otros juristas, en particular, malikíes.A diferencia de sus contemporáneos malikíes, Ibn Hazm mantiene que la homosexualidad no (...) debe equipararse a la fornicación que incurre en la pena de muerte. Por el contrario, aboga por el relativamente suave castigo de diez latigazos por prácticas homosexuales, basado en su interpretación de las fuentes reveladas tal y como se expone en este artículo.Aunque algunos autores modernos han insinuado que el propio Ibn Ḥazm era homosexual, él condena categóricamente las relaciones entre miembros de un mismo sexo y mantiene que los homosexuales deben reformarse. (shrink)

This paper centers its analysis around the remarkable work of the transdisciplinary commentary al-Minaḥ al-quddūsiyya, written by the Algerian scholar Aḥmad al-ʿAlawī (d. 1934). Although they are incredibly rare in the Islamic textual tradi­tion, transdisciplinary commentaries are commentaries that are written in a discipline different from that of the base texts upon which they build. In the case of the Minaḥ, al-ʿAlawī wrote his text as an entirely Sufi commentary upon Ibn ʿĀshir’s (d. 1040/1631) al-Murshid al-muʿīn, a didactic poem that (...) is often categorized as a work of Mālikī fiqh. Through an examination of the text of the Minaḥ and the biography of its author, this paper aims to uncover why al-ʿAlawī wrote his commentary and what his ideological assumptions were that allowed him to approach Ibn ʿĀshir’s Murshid in such a novel manner. (shrink)

This article deals with the elevation of the administrative status of Jerusalem from vilāya to niyāba and the impact of this transformation on the judicial organization and the appointments in the city. During the early Mamluk period, Jerusalem remained as wilāya, a less significant administrative unit, subordinate to the nā’ib of Damascus. However, in the later eighth/fourteenth century, the city was turned into a separate niyāba, an administrative unit governed by the viceroy (nā’ib al-saltana) of the sultan, and attached directly (...) to Cairo, the political centre of the Mamluks. While the existing scholarship tends to see this change as a manoeuvre against the Crusader threat, this article argues that the foundation of niyāba in Jerusalem was associated with the bureaucratic centralisation of the Mamluk Sultanate and the religious importance of the city. Unlike the Ayyubid politics of fragmented sovereignty between the dynasty members, the Mamluks appointed viceroys on behalf of the sultan to the significant cities of Syria. Therefore, the foundation of niyāba in Jerusalem can be seen as a continuation of this attempt toward the centralisation of the Syro-Egyptian lands. On the other hand, with this change, the Mamluk sultan had the opportunity to express his patronage over Jerusalem in a more powerful way and to control the administrative, judicial, and scholarly realms in the city directly. What is more important in terms of the judicial practices is that Jerusalem was introduced to four chief judgeships (Shāfi‘ī, Hanafī, Mālikī, and Hanbalī) within the thirty-year period after the founda-tion of niyāba. All these changes meant that the city became bureaucratically more integrated with Cairo so that the Cairene elite were increasingly in-volved in local appointments of scholars. Moreover, it became increasingly crucial for Jerusalemite scholars to have connections with Cairene bureaucrats in order to secure scholarly positions in Jerusalem. (shrink)

Ebu’l-Ḥajjāj Yusuf b. Muhammad al-Miklâtî is an Ash’arî scholar who lived between the years 550-626 (1155-1229). He has a work entitled Lubāb al-ʿuqūl fī radd ʿalā al-falāsifa fī ʿilm al-uṣūl to defend the opinions of Ahl al-Sunnah by criticizing philosophical views. Miklātī is one of the most important figures who lived in the Muvahhidī state. He is a professor who contributed to learning of Ash’arī kalām system in the North Africa and Andalusia. But today it has not been demonstrated. Therefore, (...) in this article we looked at some theological views of Miklātī in the context of his criticism of the philosophical views.Ebu’l-Ḥajjāj Yûsuf b. Muhammad al-Miklātī is an Ash’arī scholar who lived in North Africa and Andalusia between the years 520-626 (1155-1229). He is one of the tutors working at madrasahs of the Muvahhidī state established by Ibn Tumart. Becoming meeting point of Salafī and philosophical understanding is one of the main factors which makes important the period and the region where he lived. Muvahhidīs on the one hand called for the returning to the Book and the Sunnah, and ordered to burn the works of Malikī fuqahā related to the branches (furūʿ) with the reason that they became distant from the Qur’an and the Sunnah. On the other hand, the last great represantatives of Islamic Philosophy, Ibn Tufayl and Averroes wrote their most precious works at Muvahhidî palace.Only extant work of al-Miklâtî is Lubâb al-‘uqûl fî radd ‘alâ al-falâsifa fî ‘ilm al-uṣûl. In Lubâb al-‘uqûl, al-Miklâtî by giving a place to the philosophical opinions about theology, prophethood and the hereafter criticizes the viewpoints of Aristotle, from Periphatetic philosophers al-Fârâbî and Avicenna, from Mu’tazilah Abu Hudhayl al-‘Allaf and Qa’bî. He has benefited from the works of Ash’arî theologians like Baqillanî, al-Juwaynî and al-Ghazzâlî when he make criticism. Especially in the theology section, when he considers some subjects he has followed the method which al-Ghazzalî used in his Tahâfut which was written to criticize the philosophers. However, with the impact of the fuqahâ, who has Salafî understanding, and that of the Islamic philosopher Averroes, the ruler of the region ordered to burn the works of al-Ghazzâlî and notify that whoever has these works will be killed and whose wealth will be seized. In this regard al-Miklâtî’s work has an important contribution to the settlement of Ash’arî theology against Salafî and philosophical opposition.The main reason of the opposition of Salafî understanding towards the science of Kalâm is the claim that Kalâm has been established through outward impacts at a philosophical basement. The main reason of opposition of Averroes towards Kalâm is that Kalâm follows argumentative (jadalî) methods not instead of demonstrative ones (burhânî). This work of al-Miklâtî provides benefits to the establishment of Kalâm with the hands of Muslims and on the Qur’anic base and also has contributed to the development of a demonstrative tradition against philosophical opposition. Because according to him, the purpose of a theologian is to declare the demonstrative proofs which help for the soundness of the religious creed. Principles of the science of Kalâm are introduction, by which a theologian establishes his demonstrative proofs. (shrink)

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

While it seems clear that the shari’ah had a formative influence on property rights, public space and land use, the primary aim of this book is to study what implications the practice of the Maliki school of Islamic law have for the inhabitants of the Islamic city.

As mentioned in the narrations, the messenger of Allah (pbuh) used to recite some prayers known as opening prayers such as Subhaneke, Wejjehtu and Allâhümme Bâid before reciting Fatiha surah while starting the obligatory and supererogatory worships (salat). In this study, it is aimed to find out the reflections of the abovementioned prayers in narrations, and to determine their authenticity and to reveal the reasons why jurisprudential sects preferred different prayers. Benefitting from literature review method, hadith inferences were made, and (...) moving from the books of refutation & corrections and biographies, the cases of the narrators of the hadiths, who took part in the ascription of the narrations, were put forth. After the investigation, it was determined that the narrated narrations about Subhaneke, an opening prayer, were found to have been narrated by eight different prophet companions in their later works through Aisha and Abu Sâ’id al-Khudrî in early hadiths resources; and that all these narrations were week in terms of authenticity. However, it was revealed that the most authentic narrations about the issue were those depending on the practice of Umar. In the hadith resources, it was seen that five different prophet companions narrated some narrations about the Wejjechtu prayer, and that the great majority of these narrations were through Ali, and that most of these narrations were authentic, yet only one reference was found to be weak. On the other hand, it was revealed that the narrations narrated by Abu Huraira between the opening prayer, Allâhümme Bâid, turned out to be genuine in terms of authenticity. For instance, while Hanafis and Hanbalis have preferred reciting Subhaneke during salat, Shafiîs have found it appropriate to recite the prayer Wejjectu in the salat. On the other hand, Malikis have thought that it was obligatory to start the salat with Surah Fatiha, and that it was makruh to recite these prayers in salat. (shrink)

Este artículo describe el papel representado por los musulmanes andalusíes en el desarrollo temprano y posterior función pedagógica de las madrasas en Egipto, desde el período fāṭimí tardío hasta el final de la época ayyūbí. Este papel está relacionado con la riḥla, el viaje que hacían los andalusíes a Oriente «en busca de la ciencia». El artículo se inicia con una breve exposición de la situación de las escuelas legales en el Egipto fāṭimí. A esto sigue el estudio de los (...) andalusíes que participaron en el movimiento de las madrasas en Alejandría y la difusión de esta institución en Fusṭāṭ, El Cairo y otros lugares en Egipto, bajo Saladino y sus sucesores ayyūbíes. La presencia de andalusíes en las madrasas mālikíes más importantes subraya su doble contribución, en general, a la ortodoxia en Egipto y, en particular, a la comunidad mālikí. (shrink)

This is a description and assessment of the career of al-Ṣāḥib b. Shukr (548–622/1153–1225), the most important vizier of Ayyūbid Egypt. Born in the Delta, and raised in an influential family, he studied to become a jurist. After serving as a judge (qāḍī), he entered the administration of Saladin and subsequently became the vizier of two Ayyūbid sultans, al-ʿĀdil and his son al-Kāmil. His ruthlessness in raising money for them by transforming the Egyptian vizierate into a fund raising institution was (...) a critical factor in their ability to stay in power, and in saving Egypt from the Fifth Crusade. At the same time he patronized the religious class and built the first Mālikī law school (madrasa) in Cairo. His vizierate represented a nexus of administrative and religious authority in Egypt. (shrink)

Britanya'daki tüm Müslüman toplumu için tek bir dini otoritenin olmaması, etnik ve mezhepsel farklılıklara bağlı olarak pek çok dini otoritenin oluşmasına neden olmaktadır. Britanya’daki Müslüman topluluklar genelde etnik ve mezhepsel kimlikler etrafında kümeleştiklerinden ötürü camileri ve dini otoriteyi de buna göre oluşturmuşlardır. Bu makale, Britanya doğumlu genç Sünnî Müslümanlar için dini otoritenin ne olduğunu araştırmaktadır. Bu çalışmada kullanılan veriler Britanya’nın en kozmopolit şehirlerinden biri olan Leeds şehrinde, etnografik bir çalışmayla 18-30 yaş aralığındaki genç- Sünni Müslümanlarla yapılan mülakatlardan elde edilmiştir. Bu (...) çalışmanın temel gayesi bu genç Müslümanların günlük dini yaşamlarında dini tavsiyeleri nereden ve nasıl aldıklarını yansıtmaktır. Dolayısıyla bu çalışma, Britanya bağlamında araştırmaya katılan kişilerin dini otorite arayışlarındaki tercihlerini ortaya koymaktadır. Bu açıdan özellikle Britanya doğumlu genç Müslümanların eğilimini ortaya koymak son derece önemlidir. Bu makale, başlangıç olarak katılımcıların tercihlerine dayalı olarak Müslümanlar için dini otoritenin merkezinde bulunan dört cami imamını takdim etmektedir. Onları ele almakla, Britanya’daki Sünni Müslümanların yaşamlarında cami imamlarının rolü ortaya konulmaktadır. Her bir imamın profili incelenirken camii cemaatinin hangi sorular sorduğu ve imamlara yaklaşım metodu yansıtılmaktadır. Daha sonra, Leeds ’teki Müslümanların dini yaşamlarında özel bir önemi olan ve fetva veren iki meşhur din uzmanı ele alınmaktadır. Son olarak da Britanya’da yaşayan sıradan Müslümanların dini otorite arayışında sanal bir bilgi kaynağı olarak internet incelenmektedir. Böylece bu çalışma başlıca iki sonuç ortaya koyar: Britanya’daki genç Müslümanlar Deobandī, Barēlwī ve Cema’ati İslâmî gibi farklı mezhebi kimliklerden de olsalar da sıradan bir Müslümanın belli bir ameli mezhebi (Hanefî, Şafiî, Malikî ve Hanbelî) takip etmenin elzem olduğunu kabul etmektedirler. Diğeri ise onların dini otorite arayışındaki eğilimlerinin genelde ilk olarak yerel cami imamından başlayıp sonra da onların etnik ve mezhebi çevrelerinde meşhur olan daha uzman ulemaya kadar geniş çevreye ulaşmasıdır. (shrink)

In legal methodology (usul al-fiqh), the problem of the defining istiḥsān and the legitimacy of its definition is among the critical discussion topics. To overcome the rigorism of law, istiḥsān was used by the founder scholars of Ḥanafī school of law and Malik b. Anas - however this use received various objections. Although the Mālikī scholars also used istiḥsān strong criticisms of istiḥsān have been directed on the Ḥanafīs. After the severe criticism of Muḥammad b. Idrīs al-Shāfiʿī, the Ḥanafī scholars (...) carried out various intellectual activities to define istiḥsān and to prove that it is legitimate. This process -which started especially with Abū’l-Ḥasan al-Karkhī and Abū Bakr al-Jaṣṣāṣ, revealed a rich accumulation with the contribution of the legal theorists in other school of laws. It is known that al-Karkhī's definition of istiḥsān has become widespread among the legal theorists, and the legitimacy of istiḥsān in the works of legal theory was based on his definition. Al-Karkhī's considerations on the legaliticamy of using istiḥsān can be traced in his student al-Jaṣṣāṣ, in the following centuries, Abū Zayd al-Dabūsī, Abū l-‘Usr al-Bazdawī and al-Sarakhsī’s works. Al-Jaṣṣāṣ' explanations on the legitimacy of istiḥsān begin with the criticism of Imam al-Shāfiʿī's against istiḥsān. He provides the proof of legitimacy for istiḥsān in divided two sub-headings. Al-Jaṣṣāṣ, who deals with istiḥsān in two parts as word and meaning, argues that there is no disagreement about the use of istiḥsān and that all mujtahids accept istiḥsān, and even al-Shāfiʿī, who opposes to the use of istiḥsān, employs istiḥsān in this sense. The type of istiḥsān on which there is a deabte is the istiḥsān used in relation to its meaning. Al-Jaṣṣāṣ states that this use is a qiyas operation; he justifies his point of view by referring to the works of Muḥammad b. Hasan al-Shaybānī. Indeed, when we look at how al-Shaybānī explained the istiḥsān’s examples in his works, it is seen that there are two conflicting juristic analogy (qiyas) made in many examples. Moreover, al-Shaybānī openly considered some types of istiḥsān part of qiyas by stating that some examples “can be included in this type of istiḥsān” Ḥanafī scholars wanted to break the hostile atmosphere toward istiḥsān by defining and evaluating the istiḥsān in a way that their opponents could accept. The definition of Istiḥsān “to abandon the judgment given to similar ones due to stronger evidence.” has been generally accepted. In this definition, istiḥsān is defined by associating with qiyas, and referred to an istihsan that is presented as the more substantial evidence, and qiyas is the weaker evidence. Although it is appropriate to define istiḥsān in relation to qiyas, the claim that in the definition istiḥsān is put in stronger place than qiyas might casuse to some the contradictions- in particular when the example’s of al-Shaybānī are taken into consideration. Because in most cases, when qiyas conflicts with istiḥsān, istiḥsān is taken. But in an opposite case, qiyas might be taken. Apart from these, there are examples of the types of istiḥsān that al-Karkhī has classified in the works of al-Shaybānī, but sometimes there are also strange situations such as taking the qiyas by istiḥsān. This also means that the term is not sufficiently defined. The negative attitude towards istiḥsān in some Shāfiʿī circles and the criticisms against the legitimacy of istiḥsān continued in the works of the fiqh method. Istiḥsān is defined as making a judgment without evidence by Shāfiʿī circles. Therefore, they did not accept the abandonment of qiyas, which is a sharī proof, because of istiḥsān, which is a non-sharī notable proof. Based on the examples given by the users of istiḥsān, Ibn Ḥazm, one of the Ẓāhirītes, claims that istiḥsān opens the door to arbitrariness. According to him, a situation that is accepted as istiḥsān according to Ḥanafīs can be taken as istiḥsān according to Mālikīs. This creates an apparent contradiction. There are some valid points in the assessment of Ibn Ḥazm. Because while it is seen that the istiḥsān of Mālikīs is criticized in al-Shaybānī's book named al-Ḥujjah, it can be also found that the istiḥsān of Ḥanafīs is charged in the works of Abū’l-Walīd al-Bājī, one of the Mālikīs. The criticism toward istiḥsān was continued by Shāfiʿīs such as Abū Isḥāq al-Shīrāzī, Imam al-Haramayn al-Juwaynī and Abū Ḥāmid al-Ghazālī. While al-Juwaynī sees istiḥsān as a method based on the lust of the soul, not istinbat/legal deduction, al-Ghazālī understands istiḥsān as a personal comment. The main reason for the negative attitude towards istiḥsān is that the content based on the definitions, has been neglected most of the time. However, when we look at the works of al-Shaybānī, it can be seen that there is a proof of istiḥsān contrary to what is believed-and that this can be sometimes a work, sometimes a necessity, sometimes another comparison, or sometimes a custom. (shrink)

Nowadays, some of the things that are ḥarāmto be consumed, such as lard, its derivatives and alcohol are used as additives or additional nutrients in products, namely food and cosmetics that people use widely in daily life. The provision of these products, which are accepted as najis(impure), stands in front of us as one of the actual fiqh problems. In order to produce an accurate solution in this regard, the reaction condition and the level of dissolution in the product must (...) be determined. In this article, the level of mutanajjis (contamination) of the products that najisthings transforms through istihlāk(physical change) and the provision (hukm) of benefits from such things are examined. The research covers the discussions in the classical period regarding the provision of things, which included najāsah(impurity) and underwent physical change as well as the evaluations of contemporary Islamic jurists. The aim of this study is to contribute to the researches, which will be carried out to determine the provision of products containing ḥarāmelements. As the production is carried out on an industrial scale, such studies are important today in terms of the establishment of “ḥalāl” sensitivity and meeting the needs of people who have this sensitivity to learn the provision of such products.SummaryNowadays, in various sectors, especially food, feed, cosmetics, health and clothing industries, for the purposes of reducing the cost of the product, extending the shelf life, making the product more attractive in terms of color, consistency and aroma, many substances are added to the main material. The fact that some of the substances added are ḥarām(forbidden) such as blood, lard, pest, and ethyl alcohol require the subject to be considered in terms of fiqh. It is important to clarify two issues in order to reach a healthy result in the studies aiming to determine the provision (ḥukm) of the products that are mixed with najis(impure) substance. One of them is the determination of the level of istihlāk(physical change) in the mutanajjis(contamination) things. The second is the determination of the basic principles to be used in determining the provision of the things which najāsahhas undergone the physical change in. In this study conducted within the scope of this purpose and method, the hadīthsrelated to two different issues that are directly related to the subject have been evaluated as the basic textual basis. These are narrations about the cleanliness and pollution status of the contaminated water, and about the availability of fats and oils, which the dead mouse is seen in. It is stated in the narrations about the condition of the water that najāsah involved in, the water will not be najisunless its smell, taste or color changes because of the falling najāsahin it. According to this hadith, which shows the change of description as a measure, the fuqahāʾ(jurists) came to a consensus on the fact that water, which one of its characteristics changed because of najāsahwould be considered mutanajjis. When thishadithis evaluated together with the narrations that indicate the small amount of water is contaminated because of najāsah, in fact, it is seen that while the water is considered to be clean-najis, the situation of the water being affected from najāsahis taken as the basis and aimed to protect human health against the dirty water. At the time when there were not any one of today's microbiological analysis laboratories, the way to understand the pollution status of water was to see if the smell, color and taste of the water changed while taking the amount of the water into account. Since the rate of foreign matter in the water, the level of pollution and the health status of the water can be determined correctly in the laboratory today, operating the modern techniques as well as the measure of qualification change will be appropriate for the purpose of the hadīthsmentioned.In the narrations about the state of the fat, which the dead mouse is found in, it is seen that different operations are requested depending on the fat being solid or liquid. If the fat is liquid, different instructions have been made such as its being poured or used in lighting. Mālikīs, Shāfiʿīs, and Ḥanbalīfaqīhs (jurists) of the first period have ruled that liquids such as vinegar, milk and honey are mutanajjis, whether they are in little quantity or not, and whether their descriptions are changed or not, claiming that the amount of oil and the degree of impact on the dirt is not declared in the hadīths. The Ḥanafīs adopted the provision in the narrations mentioned pointing to a small amount of liquid oil and considered the measure of description change for a large amount of liquid valid. Ẓāhirīs, Ibn Taymiyyah and some of the faqīhsargued that the liquids which one cannot feel the color, taste or smell of the najāsahin are clean, regardless of the amount.These three approaches are open to criticism because the first is limited only to the literal meaning in the narrations and neglects the aims, and the second ignored the non-water fluids’ ability to hide the descriptions of the substance added to them, and the third evaluates the mustahlak substance (that has undergone a physical change) as if it had been istiḥālah(chemically changed). When the narrations related to the subject are examined, it is understood that while the usage of the liquid fat which the dead mouse was seen in as the food was prohibited, in fact, it was based on the foresight that all of the fat is affected by the mouse. It appears to have been ruled out that only the part polluted is the part affected by thenajāsahfor the fact that after the removal of the mouse and the environment from the solid oil exposed to the same contamination, the rest is allowed to be eaten. According to this, it is possible to say that the measure of mutanajjisin the things that affected by najāsahis in the degree of spreading of najāsah.Nowadays it is possible to determine the presence of najisthings in the main material, which is used as additive or addition, by the level of effect of these substances in the product, as well as by the assays. If the najissubstances used for purposes such as brightness, taste, consistency and extending shelf life, perform the expected functions, it means that they protect their presence in the product effectively. In fact, it should be acknowledged that these substances continue to exist effectively in the product, if they perform the targeted function without any chemical change, even the ratio in the product is low or the color, taste and odor are eliminated during the mixture.The faqīhswhile differed in opinion about the mutanajjisof things that the najāsahhad undergone physical changes in, they, in concert, considered the substances, which were not cleaned or could not be cleansed from which that they accept as mutanajjisby their own measurements, khabīs(disgusting), and have accepted the people’s eating of them as ḥarām. Likewise, they did not allow such things to be used in any way touching the body, clothing and containers. They have evaluated the narrations, which requires the spilth the fat that the dead mouse was seen in, as the main basis in this issue. On the other hand, about the use of the mutanajjisthings outside the human consumption area and in such a way that the clothes and body would not be contaminated; the majority of thefaqīhs preferred the mubāḥ provision. They have put forth the narrations as the basis that recommends the usage of the liquid oil in which the mouse was fallen in lighting. These approaches of the fuqahāʾabout the effect of the istihlākon the provision of making use of the things that affected by najāsahare of worth as the basic principles on the subject. It is possible to say that it is not permissible to consume food products containing lard or pork gelatin, and the chicken that has been torn apart while being left in hot water in order to pluck its feathers, and the egg which becomes mutanajjisfor it is boiled up with thenajāsahon, and the using of cosmetic products containing lard when today’s industrial products are evaluated in accordance with these principles. If taken the general opinion that defends that the ethyl alcohol is najis as the basis, the carbonated soft drinks, which are added to alcohol, can also be evaluated in this context. (shrink)

Este artículo examina el desarrollo histórico y la jurisdicción del "inspector de la policía y del mercado" (sahib al-surta wa-l-suq) en Córdoba a través de los casos judiciales tomados de la colección de dictámenes jurídicos de Ibn Sahl al-Ahkam al-Kubrà y de fuentes biográficas e históricas. Durante el período de Taifas, esta expresión omeya dio paso al "inspector de sentencias jurídicas" (sahib al-ahkam). A través de más de veinte casos, datables entre los años 456 / 1064 y 464 / 1072, (...) se demuestra cómo este juez, que no era qadi, seguía en sus sentencias el fiqh malikí, tanto en las leyes procesales como en la ley sustantiva. (shrink)

Este artículo examina el desarrollo histórico y la jurisdicción del «inspector de la policía y del mercado» {ṣāḥib al-šurṭa wa-l-sūq) en Córdoba a través de los casos judiciales tomados de la colección de dictámenes jurídicos de Ibn Sahl al-Aḥkām al-Kubrà y de fuentes biográficas e históricas. Durante el período de Taifas, esta expresión omeya dio paso al «inspector de sentencias jurídicas» {sāḥib al-aḥkām). A través de más de veinte casos, datables entre los años 456/1064 y 464/1072, se demuestra cómo este (...) juez, que no era qāḍī, seguía en sus sentencias el fiqh mālikī, tanto en las leyes procesales como en la ley sustantiva. (shrink)

In this article, the introduction to the book of Kitāb al-Mulakhkhas al-Muwatta' by Qābisī (d. 403/1012), one of the hadith scholars of Maghrib geography, is discussed. The author wrote this work in order to bring together the continual documents in the Ibn al-Qāsim narra-tion of Mālik b. Anas' (d. 179/795) al-Muwatta. In the introduction, the author first stated the purpose of the writing of Kitāb al-Mulakhkhas al-Muwatta''s and the method followed in the work. Namely, he states that he compiled this (...) work to respond to the demands of those who asked him to bring together the hadiths of Mālik b. Anas, whose chain is complete. In the compilation of the work, he was content with the only narration of Muwatta. He followed the method of collecting the musnad hadiths in this narration, the ones with clear continuous. However, he preferred not to include the narrations that were closed in his continuous in his work. After this information, the author has included some issues of hadith methodology in the introduction part. The main purpose of the study is to determine the concepts and subjects of the hadith methodology that he discussed in this section. In this context, firstly, information about Qābisī's life was given, and his education was mentioned. Then, some information about the features of the work in question is presented. Afterwards, the concepts of hadith methodology that he mentioned in the introduction of his work and his explanations on these issues were examined under separate headings. Although he is encouraged to narrate hadiths in this introduction, he provides information about the refraining of many hadith transmissions, the conditions of endurance of hadith, the words of the narration considered as 'muttasil and munqati', the narration with the meaning of the hadiths and the lahn in the hadith. When the approaches of Qābisī on these issues are examined, it is revealed that he tends towards the views of the Mālikī school, which he is a follower of and Imam Mālik. For this reason, the parts in which he adopted Mālik’s approaches and tended to explain the issues by referring to him are mentioned. (shrink)