Transitions Online_Around the Bloc-Bigamous Kyrgyz Cleric Is Unrepentant
The popular ex-mufti insists that polygamy is tradition, sparking a debate on the role of Islam in the officially secular state.
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The popular ex-mufti insists that polygamy is tradition, sparking a debate on the role of Islam in the officially secular state.
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Since the outbreak of the latest financial crisis central banks in several countries have decided to apply non-conventional monetary policy measures. Other monetary authorities behaved more conventionally but conducted a very loose monetary policy anyway. The goal of the paper is to discuss threats and possible consequences of treating the money instrumentally (monetary easing, government financing by the central bank). The authorities tend to arbitrary reinforce just one function of money, a medium of exchange, in order to artificially increase the sales and production of goods and services while neglecting other major function: a store of value. Fast growing money aggregates, awareness that there is no limit for money creation, and ideas such as “helicopter money” stimulate the attempts to storage the wealth in different form, e.g. cryptocurrency. The remarks were formulated from the conventional and Islamic finance perspective. Statistical data come from the euro area, Poland, and Iran, where banking system is fully Islamic.
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Property rights, institutions and insurance mechanisms that assure property ownership and required legislative arrangements in Muslim counties just like in the other developing counties are generally taken from the best practices of western capitalist countries. In this study, insurance and property ownership are searched from the İslamic point of view. Our argument is that in comparison with capitalist paradigms related with property ownership and insurance mechanisms, there exist an Islamic approach based on some exalted principles and systems that not only covers worldly needs of mitigating risks associated with the property rights and proper insurance, but also includes concerns regarding preparation for the hereafter and eternal life. Particularly, the prominence of İslamic Economics in setting up of economic principles with their institutional basis regarding property mechanisms from the holy Koran is being searched in brief with some specimens on systematic differentiations. Everything is the property of God and human being is temporarily undertaking its ownership as a vicegerent of God on the earth in which materials and properties are considered as entrustments. Property ownership at the eternal abode will be based of proper conduct of temporary properties.
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Sharia laws, on which Islamic banking is based, prohibit the use of interest in business, and thus developed the business and Islamic financial contracts that provide opportunities for investors to generate profits on non-interest basis. According to the Sharia expert opinion, key Islamic banking contracts are musharaka and mudaraba, representing classical financing contracts based on the profit and loss sharing. Given that the current global economic crisis has led to increased interest in Islamic banking, it is necessary to acquaint the public with the specifics of Islamic banking and Islamic banking contracts. In this paper, the basic principles of Islamic banking, features of mudaraba and musharaka contracts and regulations that must be followed during formulation these agreements are analyzed and presented.
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Every state functions through its legal order and that legal order shows the nature of every state. From that point of view, the nature of the state and the authority which functioned in the regions of the Serbian lands from the moment of the Osmanli conquests till the end of that rule was best reflected through the law which regulated social relations. If one views the state which ruled in the regions of the Serbian lands in that way, one can clearly state that it, in its nature, had the basic goal to realize Islamic doctrine. All legal acts which the administration in Constantinople passed to ensure its normal functioning had the Islamic character. As most of these acts had been created long before the birth of the Osmanli state, they cannot be called Osmanli, because they were not such by their origin or their essence. It is specially important that their intention was not to maintain the Turkish national idea, as it could be concluded from a large number of historical syntheses which discuss that part of our history, but the triumph of Islam. Therefore, it is most correct to call that law Islamic-Osmanli law, because its largest part had been created before the appearance of the Osmanli state and had as a goal the triumph of Islam; it is an Osmanli law because it was implemented in the territories ruled by the Osmanli dynasty.
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Представљен је сложени проблем школовања кадрова Исламске заједнице у арапским и другим исламским државама, као и постепена промена политике те верске заједнице до које је долазило под утицајем нових идеја и вредносног система карактеристичног за друштва организована према куранским принципима. Назначени су, у основи неуспешни, напори државе да различитим мерама ограничи и спречи уношење и заживљавање идеја непримерених југословенском мултиконфесионалном миљеу. Коришћена је оригинална архивска грађа Савезне комисије за односе с верским заједницама и Министарства вера Србије.
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During the Austro-Hungarian period in Bosnia and Herzegovina, a number of non-Muslim Austro-Hungarian officials, as well as Bosnian Muslims themselves, specialized in shari’ah law. Their interest in shari’ah law was motivated by a desire to become acquainted with what formed an integral part of the traditional civilization code of Bosnia and Herzegovina’s Muslims. In that way, they correspond exactly to the concept of European orientalists who studied Islamic civilization. Adalbert Schek, Franjo Kruszelnicki, Mihail Zobkow, Ljudevit Farkaš and Eugen Sladović are among the Austro-Hungarian legal practitioners and scholars in Bosnia and Herzegovina who studied shari’ah law, and achieved important results in that field.
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In the theological-legal thought, the study of mu‘tazilah is considered to be the starting point for the emergence of natural-legal theories with Muslims. Their study of free will, reason, good and evil, the nature of the human act, human responsibility, the nature of God’s announcement, etc., has led some authors to determine that this is about the beginning of the formation of a new direction on the basis of natural theology and law. In this work, we wanted to analyze the possibilities of research in this direction by brief analysis of several classical and modern authors.
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The paper discusses the categories of definitive and indefinite of subject (musnad ilayhi) and predicate (musnad) viewed from the syntax and semantic aspects in the text of Qur’an. In addition to playing an important role in establishment of correct syntax structures and in understanding of the function of a word in a sentence, definitive and indefinite features also represent a significant stylistic means by which, because of the diversity in their realization, particularly by a definitive one, other specific meanings are obtained, apart from simple stylistic effects. This is why an analysis of the category of definite and indefinite in Qur’an is important for understanding and interpretation of Qur’an. Definitiveness of a subject is achieved by personal pronoun, personal noun, demonstrative pronoun, definite article, construction of annexing and vocative particle yāʼ. However, since it is an information on the subject, a predicate may be even definite if a noun is in the place of a predicate, providing that such a sentence makes sense. In this case, different meanings may be seen. Since the original status of a subject is definite, indefinite noun of a general meaning may be in the place of a subject but only when the context of a sentence, by its meaning, is close to definite noun. Because the original status of a predicate in a noun sentence is indefinite, such a predicate expresses only an information on the subject, which is the basic function of a predicate.
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Although the vakf of Smail-aga, dizdar (fortress commander) of Bočac Fortress of 1026/1617 once was on of the biggest agrarian vakfs in Bosnia and Herzegovina, no separate paper has ever been written on it. Based on the relevant sources and original documents, some of which are presented to the public for the first time, we are herewith revealing a few of completely new information on Ismail-aga’s ancestors, relatives and descendants among whom are the names of three new dizdars, spanning over four centuries that had seen the succession of six governments: Ottoman Empire, Austro-Hungarian Empire, Kingdom of Yugoslavia, Independent State of Croatia, Socialist Yugoslavia, and independent Bosnia and Herzegovina. This paper chronologically follows the destiny of the vakf from its founding to the present day. Looking into the transcription of the List of Lots belonging to Ismail-aga’s vakf No, 506 made on August 11, 1928, as compiled by the Islamic Community of Banja Luka, and into the land register excerpt No. 160 for the Cadaster Municipality Agino Selo issued by Municipal department for geodetic registers and cadaster of Banja Luka of February 24, 1987, it can with certainty be said that this vakf was located on the right side of the river Vrbas, downstream to Džemat place in the village of Bočac on the south to Krmin in the north, and from river Vrbas to the slopes of Čemernica, Tisovac, and Osmača mountains. Its surface encompassed over 10,000 dunums, arable land, meadows, orchards, forests, boskets, and pastures. The income of the Ismail-aga’s vakf was intended for maintenance of mosque, makatab, and tekke that he had built in his native village of Trifkovina before 1671. This place was named after him- Agici. In the area of this vakf, some twenty villages were created. They all belong to the present-day Agino Selo and Bočac. The remains of this vakf, mainly forests and some arable land, approximately 8,000 dunums, belonged to the Smailagić families all until the war of 1992-1996. They all now live abroad.
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Gazi Husrev-bey's maktab, founded by the first endowment chart from 1531, remained a relatively modest part of the largest vakf in Bosnia and Herzegovina. Some information is known about the building itself, while there is little information about the muallims and the work of this maktab. There is still a period of 200 years for which we do not have reliable data on maktab muallims. The documents presented here about the three so far unknown muallims fill this void to a certain extent and testify about the high ranking of this institution and the education of its muallims. The paper presents original documents on the life and work of the unknown muallims of Gazi Husrevbey's maktab, hajji hafiz Yusuf-effendi and his son Haji Ibrahim Hakki. Their private libraries were also presented, and on the basis of kasam defters and other documents, data on this ulama family from Šejh Feruh mahale in Sarajevo in the XIX century were supplemented.
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Ḥasan ibn Naṣūḥ ibn Fayrūz is one of the most prolific Bosnian and Herzegovinian authors in the field of Islamic law- fiqh. Not much is known of his biography except that he was an alim, most probably performing a duty of a mufti and khadi, and that he was active out of the territory of Bosnia and Herzegovina. He left behind 11 works with which most of our historians and orientalists were not familiar with. This modest research into the manuscripts by Ibn-Naṣūḥ revealed yet four more so far unknown works. Two of them deal with Islamic law, both being autographs. Special attention has been paid two the two of his works: Mağmaʻ al-maḏhabayn i Ğamʻ al-maḏāhib. Particularly interesting is the one that offers an interpretation from the shafi’i mezheb perspective. This is due to the fact that the author belonged to hanefi mezheb and tried to explain the difference between hanefis and shafis. In the second one, the author gives a comment on all four law teachings. It can therefore be said that he was the only author from this region who wrote in the manner of comparative fiqh, i.e. who encompassed all four mezhebs.
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Review of: „BOOKS AND WRITTEN CULTURE OF THE ISLAMIC WORLD: STUDIES PRESENTED TO CLAUDE GILLIOT ON THE OCCASION OF HIS 75TH BIRTHDAY“; Andrew Rippin & Roberto Tottoli, Brill, Leiden-Boston, 2014., 398 pages by: Madžida Mašić
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Review of: Mehmet Tütüncü "CORPUS OF OTTOMAN INSCRIPTIONS FROM ALBANIA AND MONTENEGRO"; Türk ve Arap Dünyası Araştırma Merkezi / Research Centre for Turkish and Arabic World, Haarlem, 2017., 308 pages by: Nedim Zahirović
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Sufism (tasawwuf) has always attracted the attention of researchers on Islam, and, in my opinion, will be of interest for a long time in the future as one of the best manifestations of Islam which influences the spiritual development of this religion, as well as one of the main forms of Islamic existence in different historic and cultural regions. Islamic mysticism has undergone three stages in its development. The first stage is the period of early Sufism based on the mystical experience of ascetics who tried to find the confirmation of their experience in the Quran, as well as in the stories of Prophet Muhammad’s life. These ascetics started to gradually unite in communities. They wandered and settled in mansions, having shared their spiritual knowledge and, thus, mystical experience. The general principles which became the basis of Sufism were formulated by the end of this stage. The second stage in the development of Sufism is the classical stage, during which the science of Sufism (ilm-at-tasawwuf) emerged. It took place in the 12th century. The main period in the development of Islamic mysticism is the stage when Sufi brotherhoods occurred, developed, and prospered in the 13th – 14th centuries. The Khalwati Order was among the largest Sufi brotherhoods. It is associated with 12 source Sufi brotherhoods. The Khalwati Order was established in the historical region of Shirvan (which is currently a part of the Republic of Azerbaijan) during the Middle Ages. It distinguishes from any other brotherhood because of having more than 40 branches. Their representatives propagated the ideas of the first Shirvan sheikhs in the whole Ottoman Empire, in Asian and European areas, in all Arabic countries up to Africa during the 16th-19th centuries, as well as in Crimea during the 16th – 17th centuries.
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This study will attempt to clarify the methods of balancing between benefits and harm in the Islamic law. The legal balancing means science that aims to discover and explain the methods and ways through which we can compare between benefits and damages in the most beneficial scientific way, or between interest and damage when they come into collision and try to translate stated theorizing examples into reality. The most important principles or rules underlying Fiqh Al-Muwazanat, ie. legal balancing are: 1- balancing between the benefits in terms of their preferences and neglect, 2- balancing between harms in terms of their mandatory acceptance when they are impossible to avoid, and their neglect or delay, 3- balancing between benefits and harm in terms of defining the rules on which it is required to prefer the harm over the benefit, or to ignore the damage at the cost of benefits. Regarding the legal balancing of benefits and harm, Islam follows the principle of harmonization and reconciliation between benefits whenever possible, and if not, then resorts to overcoming and preference. The subject of studying this type of Islamic law are Sharia regulations and standards, ie. acts of legal addresses which involve worldly and otherworldly interests because Sharia norms are related to these acts and interests. Sharia regulations and standards require just for the realization of human benefit and the removal of harm, as stated by Imam Suyuti who claims that all of God's commands and prohibitions ultimately aim to take into account the interests, and removal of harm is basically a kind of benefit.
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In the Muslim tradition, month of Rabi'al-Awwal has been devoted to remebrance and memory of the prophet Muhammad, peace be upon him, through special programs, or so called Al-Mawlids every year. Each year with the arrival of the month Rabi'al-Awwal, in which Muhammad, peace be upon him, was born, we have legal Shariah discussions over the issue of marking and celebrating the birthday of Muhammad, through organizing celebrations of Al-Mawlid. Orthodox, puritanistic scholars state that Al-Mawlid is a forbidden, ugly novelty and innovation in religion (AlBid'ah Al-Sajjiah), which was invented as a festival day because of blind imitation of others, like Christians, nonbelievers etc. The other, contemporary scholars have an opinion that Al-Mawlid is a good and commendable act (AlSunnah Al-Hasanah) which has its justification and is applied through the practice and achievemnt of certain permissible forms of worship, such as recitation of the Quran, sending salutations and blessings upon Muhammad, peace be upon him, reciting prayers and dhikr and a reminder about the Seerah, ie. biography of Muhammad, peace be upon him, through religious lectures, speeches, etc. In modern terms, this event can be used in our mosques and community in educational and missionary purposes, as an expression of love for Allah's Messenger, and as a tradition and custom of modern memory and remembrance of Allah's Messenger, his teaching and his mission. Al-Mawlid should not to be taken as a religious, ceremonial event, which is unfortunately often the case in practice.
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The Qur'an, as the last divine revelation, contains regulations relating to all aspects of human life and as such is a basic, fundamental source of all disciplines from the corpus of Islamic sciences. This work aims to present the Qur'an as the basic source of Islamic jurisprudence, without neglecting other segments of the last divine revelation. Although the Qur'an is not a legal document, but rather a Book of religious and moral principles and incentives, it nevertheless contains a number of legal statements. Qur'anic principles pertaining to civil, criminal, domestic, international and other areas of law are presented in five hundred verses which have legal form. This work has through examples exhibited the most significant methodological procedures used by the Qur'an in standardizing its legislation: the methods of principle, the summary and detailed norms. Also, this work mentions the most important Qur'anic styles which the Qur'an uses in explaining its legal regulations.
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Uzrit love poetry is the poetry of Arabian desert, which originated in the valley of Wadi al-Qura as an expression of strong poetic feelings and a love to only one woman. As such, Uzrit poetry is the embodiment of Arabic platonic love, deeply rooted in the heart of the desert poets. Islam undoubtedly had a strong influence on the formation and development of this poetry, through propagation and affirmation of virtue, morality and nobility. Islam encouraged and developed modest and moral poetry through its teachings about chastity and morality. This poetry had achieved its peak in the poetry of Uzrit poets.
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The article presents the concept of maslaha, i.e. public good, as well as its historical evolution and scope of application in law and politics. Throughout the centuries the scope and definition of maslaha has been changing, thus it became both a tool used in the Islamic law, Shariah, as well as a philosophical concept. Due to its essence – its reference to the public good – it was now and again used in politics to legitimise the deeds of the rulers, sometimes flavoured with religion, sometimes based on national reasoning. All these pieces are presented in the following article.
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