16. ve 18. Asırlarda Osmanlı Fetva Literatüründe Mudârebe Ortaklığı

Author(s): Ahmet İnanır / Language(s): Turkish / Issue: 40/2020

Mudārabah is a type of partnership that was founded by putting labor on the one hand and capi-tal on the other, dating back thousands of years before Islam. In Islam, this partnership has been accepted as legitimate and used by Muslim societies. This partnership has included in the classic fiqh books as a separate section from the şarikah subjects. Mudārabah partnership continues to exist in various ways today. Participation finance which is developing day by day collects capital based on this partnership. Some researchers even recommend it as an alternative method to participation banking based on contemporary usury especially the interest finance system. For this reason, whether the partnership in question is of a nature to perform the task expected from it will only be revealed by knowing the historical experience. Furthermore, determining the change that this partnership has undergone in the historical process will help to understand its current situation and the way it will take in the future. Because, depending on the human expe-rience in the historical process, it is seen that some provisions and consequences of the partners-hip have changed. The partnership structures, which were simple in the first periods, have gained more and more technical features. For this reason, it is of great importance in terms of economic history to determine and how the Ottoman period partnerships were established in the 16. and 18. centuries, which business lines were widely used, and what legal problems and solutions were produced during this period. In this way, functional determinations can be made as to whether the contract will be able to fulfill the function expected today.This research tries to put forward the various legal problems and solutions faced by the conflict partnership based on Ottoman fatwa literature in the 16. - 18. centuries. Because the current problems encountered with the application have been the subject of fatwas as well as fiqh books. Fort this purpose, fatwa journals belonging to Ibn Kemal (d. /9401534), Ebu’s-su‘ud Efendi (Abū l-Su‘ūd) (d. 982/1574), Sun‘ullah Efendi (d. 1021/1612), Feyzullah Efendi (d. 1115/1703) and Yenişe-hirli Abdullah Efendi (d. 1156/1743), who stand out in terms of recognition and accessibility in the aforementioned centuries have been collected and fatwas that can be determined on the subject have been evaluated.In the Ottoman period fatwa literature, the contractual contract takes place in separate titles separate from the company department, as in the tradition of fiqh. It is understood that fatwas related with mudārabah mostly reflect the problems and solutions that arise during the applica-tion. When the prominent fatwa journal of the research subject are examined, it is seen that the mudārabah partnership has been widely used in Ottoman society in terms of both number and issues. Due to the fact that this partnership can be said to be one of the most useful tools for the capitalist to operate his capital and to meet the financing needs for the entrepreneur. It seems that some people especially women, who do not have the opportunity to trade, prefer this part-nership.Expressions such as “Zeyd Captain”, “Black Sea and the Mediterranean”, which are frequently mentioned in mudārabah related to fatwas are observed that a partnership has been made mainly in the Istanbul-centered, Mediterranean and Black Sea basins for the agricultural and commercial works in the Ottoman Empire in the aforementioned centuries. Thus, entrepreneurs seem to meet their short-term financing needs. It can be said that the fact that the mudārabah partner is active in the partnership and the passivity of the capital owner causes the parties to have more reflecti-ons in the fatwa than the other partnership types. Because, it is seen that if the mudārabah part-ner is not unjust due to the mudārabah partnership, he is not responsible for the loss in his capi-tal, and if the profits are due to the transactions against the immigration of the capital owner, the probability of the mudārabah partner is to take more risks. This situation causes the capital owner to try to impose various restrictions on the place, time and duration in order to protect the capital from loss, and even to go further, to put forward some conditions contrary to the spirit of the depository, as the depository is common to the loss in the capital or to be a guarantor to the capital. Nevertheless, it is understood that the deposi-tory did not comply with the relevant conditions too much and that in some cases the capital was lost, this was considered within the scope of injustice. One of the main points of disagreement between the capital owner and the mudārabah partner whether the capital is given as debt, treatment or mudarabah. Especially, in case mudārabah partnership makes a loss, it is seen that capital owner is trying to save his main capital, while the mudārabah partner is trying to avoid the obligation of compensation. Even, in some fatwas, capital may claim that while he took profit from the mudārabah partner, he made a profit in the event that the loss occurred while the nature of the capital was not on the agenda. He claims that he/she took the ruin in response to his/her claim that the capital owner lent. In fatwas, if the partners can not put forward any evidence or if both parties present the evidence, the evidence of debt is accepted, if no preference can be made a selection between the evidences, it is seen that if capital get lost, debt is preferable, if profit is obtained, the evidence of mudārabah is preferred. Because, the mudārabah partner with the permission of capital owner, admits that he/she delive-red the goods in capital owner, according to which he embraced capital. In this case, mudārabah partner may file suit a compensation case. However, if there is no evidence related capital owner lends, it is accepted that his/her oath related to mudārabah partner is a mudarabah. It is seen that the capital owner is trying to make a capital such as wheat, hemp, cloth and sheep in fatwas. However, if he gave a power of attorney and told him to use it, it is seen that the cont-ract of mudārabah could not draw up. In addition, except for the labor of the mudārabah partner, the claim that he added capital and was the permission of the capital owner etc. is accepted in some circumstances. It can be said that the issues of loss and detriment related to mudārabah are subject to more fatwa than other issues. Some of them appear to be due to negligence and male-volent attitude of the destructor, some to be due to negative market conditions, and others to physical adverse conditions such as the sinking of the ship. From these point, it is also possible to identify the areas where the damage was caused in these centuries. Among them, the sinking and side lying of the sea vehicles come to the fore. It can be said that in the centuries of research in the example of Mudarabah, there is no incompatibility between the fatwas and the tradition of fiqh, that is between theory and practice.

Allah Hakkı ve Kul Hakkı Arasında Hanefi Ceza Hukukunun Kamusallığı

Author(s): Muharrem Midilli / Language(s): Turkish / Issue: 1/2017

Modern criminal law is generally regarded as a public domain because it primarily aims at protecting general interests and has dominant vertical relationships between public institutions and the individual. This understanding corresponds to a certain extent in the Hanafi criminal law. According to Hanafi jurists, the fixed penalties such as adultery, theft, and drinking wine/getting drunk are applied only to the benefit of all people. The fixed penalty for the false accusation of adultery and the retaliation (kısas) protect the benefit of all people, as well as the the interests of individuals. The public authority is able to impose discretionary chastisements (ta´zîr) and administrative punishments (siyâsa) for the benefit of the society. It is his responsibility to investigate crimes, to prosecute suspects and to impose punishments. In all these steps, vertical relations are formed between the public authority and the perpetrator. On the other hand, the Hanafi criminal law has unique features such as the determination of public interests by the Lawgiver and the penalties imposed directly on behalf of individuals.

BEYU’L-ÎNE ve YAKIN KAVRAMLAR

Author(s): Arif Atalay / Language(s): Turkish / Issue: 46/2020

The sales contract forms the basis of such mutual contracts. In this case, the necessity and acceptance of the parties, the words they use while saying these, the conditions, the halal and haram in their behavior are by the nature of the contract. When the same process is used with different words, it is sometimes valid and sometimes it is not. In this case, shopping tools are important. Although it is not haram, there are some vehicles that take people to haram. However, some of these vehicles are vehicles that are involved in vehicles that will not lead to haram. Vehicles leading to haram sometimes have two ends, there is a possibility for both sides. For example, on the one hand, while it looks like a sale contract, on the other hand, even though the wording used is different, interest shopping can be made considering its application. Some of the contracts in Islamic law are controversial due to their damages, losses, interest, safqateyn and similar suspicions. Although there is a controversial issue in the contract called contract, it is one of the contracts that are frequently applied both in the classical period and in the economy world today. When dealing with a subject, it is important to reveal the relevant concepts in terms of understanding the subject. When evaluated in general, the îne contract arises due to the needs of people for gold and silver. Someone who needs money buys goods and sells it for the amount they need. In fact, nobody needs property, only money.

DETECTING THE IDEOLOGICAL POSITION OF POLITICAL ISLAM TOWARDS LIBERAL DEMOCRACY IN MUSLIM COUNTRIES

Author(s): Nikola Gjorshoski,Goran Ilik / Language(s): English / Issue: 03/2020

The question of the correlation between Islam, political Islam and liberal democracy has so far been the most exposed topic in exploring the democratic capacity of political Islam and Islamic societies in general. What is particularly intriguing about the relationship between political Islam and liberal democracy is the fact of its westernized triviality that has received a pejorative tone in Islamic political circles. Simplified, the triviality of liberal democracy for the Islamic political campus implies imposing a model of democracy that cannot be fully compatible with the original Muslim notion of society and government. Hence, the following paper analyzes exactly the relations of political Islam to specific inherent categories of liberal democracy such as the rule of law, representative government, the separation of powers and secularism as diferenta specifica of liberal western democratic discourse. Through the methods of induction and deduction, the author will illustrate how appropriate tangent or divergence is illustrated and how this is reflected in the general ideological positioning of political Islam towards liberal democracy in Muslim countries through an axiological and praxeological perspective.

Determinants of Debt Maturity Structure in Shariah and Non-Shariah Firms in Pakistan: A comparative Study

Author(s): Naveeda Karim Katper,Azian Madun,Karim Bux Shah SYED,Muhammad Nawaz TUNIO / Language(s): English / Issue: 50/2017

Despite the global emergence of Shariah-complaint firms and the resulting interest of investors and policy makers, the research on these companies is still at an embryonic stage. This paper addresses this issue by investigating the capital structure decisions of Shariah compliant firms in comparison with the conventional or non-Shariah firms. Using the theories of corporate debt maturity structure, we carried out the empirical analysis of firm-level factors influencing the debt maturity structure among Shariah firms in Pakistan. Since Shariah compliance entails some specific firm characteristics such as lower debt ratio, lower liquidity, and higher tangibility, we argue that the debt maturity structure of Shariah and conventional firms would differ significantly. Our purpose, therefore, is to explore how Shariah compliance translates into debt maturity structure decisions of these firms. Our results show some significant variations among the impact of various determinants of debt maturity among the Shariah and conventional firms. Our most striking finding is that the debt maturity among Shariah firms is significantly shorter than conventional firms. Amid the dearth of studies investigating the relationship between Shariah compliance and firm’s choice of financial decisions, our study would be a source of unfolding the debate and understanding the nature of capital and debt maturity structure of Shariah firms. The research findings are also expected to benefit large and growing clientele of the Shariah firms by providing better insights on the capital and debt maturity structure of these firms.

Endülüs’ü Hanefî Mezhebi İle Tanıştıran İlk Fakih: Abdullah b. Fer-rûh ve Öğrenci Silsilesi

Author(s): Abdullah Acar / Language(s): Turkish / Issue: 2/2019

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.

Fıkıh Usulü Tarihinde Dört Temel Şer‘î Delil Tertibinin Gelişimi

Author(s): Ahmet Temel / Language(s): Turkish / Issue: 40/2020

This study deals with the four-source order, which is commonly accepted in the Sunni legal theory, within the limits of a historical investigation of Islamic legal theory. This article aims to determine in which phases this recognition has occurred and with what sort of changes. The majority of extant uṣūl works that have been produced in different traditions and some other sources in different disciplines have been defined as the research universe of this study. Among them, those which could represent these works have been cited in this article. Since it was de-signed as a historical investigation and evaluation study, some dimensions of the subject that may be of interest in terms of legal philosophy and theory are not included in the analysis. These topics some of which have already been studied in certain works are suggested for further re-search.In this article, two main questions are addressed: First, the question of which actors have histori-cally contributed to the acceptance of the four-source order in the form of kitāb, sunna, ijmā‘ and qiyās. On this point, contrary to what is claimed in some contemporary scholarship, it has been revealed that the thesis that al-Shāfi‘ī was the responsible authority for this four-source order is not accurate. It is seen that the scholars living in the second to fourth centuries A.H. mentioned these four sources together with different sources such as reason, definite deduction, sense, language, recurrent reports and famous narrations. Among these, al-Jaṣṣāṣ’s explanation as to whether qiyās can be counted as a source together with kitāb, sunna, and ijmā‘, which is the main subject of discussion in the next periods, has significantly illuminated the rational ground for qiyās to take place in this four-source order. Beginning with the fifth century, the tendency to restrict the notion of dalīl to definitive sources, had a consequence in the direction of excluding qiyās from the apparatus of source order; hence it was generally accepted that the sources were limited to kitāb, sunna, and ijmā‘ during that time. However, in the same century, it seems that jurist-theoreticians made the claims that qiyās should be recognized together with these three sources. At this point, it seems that the Hanafi theoreticians, especially al-Pazdawī and al-Saraḥsī, took an important step of expanding their acceptance of the main sources by claiming qiyās as the fourth source after mentioning the three main sources as kitāb, sunna, and ijmā‘. Al-Sam‘ānī, who could be regarded as a contemporary of them and who had been once in the Ḥanafī school before shifting to the Shāfi‘ī school, gives us the most obvious testimony of this transition. He lists the three sources as aṣl and others as ma‘qūl al-aṣl, a classification developed by some Shāfi‘ī jurist-uṣūl scholars including al-Baghdādī and al-Shirāzī. However, instead of this classification, he states that the order of the sources developed by jurists in the form of kitāb, sunna, ijmā‘, and qiyās is more accurate. The Ash‘arī theologian-theoreticians of the time including al-Juwaynī, al-Ghazālī also defend an attitude against counting qiyās among main sources by limiting three sources as kitāb, sunna, and ijmā‘. Since the logic-oriented uṣūl works marked the style of uṣūl traditions to a great extent afterwards, the understanding of the theologian-theoreticians who excluded qiyās from the sources and highlighted the three main sources continued to be effective in the sixth and seventh centuries A.H.. However, Fakhr al-Dīn al-Rāzī, the important uṣūl scholar of the period, provides strong evidence that the four-source order have increased its effect during that time. In his famous tafsīr work, al-Rāzī states that “the jurists accepted the sources of the sharī‘a in the form of kitāb, sunna, ijmā‘, and qiyās”, while he retains the three-source order in his uṣūl work. Even though he does not explicitly promote four-source order in his uṣūl work, he does list these four sources when mentioning the sources of the judgments in a topic. As a matter of fact, although al-Rāzī refrains from mentioning four-source order clearly, one of his leading followers al-Bayḍāwī does explicitly state this four-source order at the beginning of his work. Unlike his theologian-theoretician predecessors, al-Āmidī does not hesitate to include qiyās in the scope of shar‘ī dalīl, but he maintains the same reservation by classifying three sources as primary and qiyās and istidlāl as secondary. It is understood that the “three plus one classifica-tion” initiated by al-Pazdawī and al-Saraḥsī was preserved by the Hanafī uṣūl scholars of the sixth century A.H. such as al-Lāmishī, al-Samarqandī, al-Usmandī. However, it is seen that in the sev-enth century A.H., beginning with Ibn al-Sā‘ātī, this order started to be pointed out directly in the form of four sources without the need of mentioning classification in the form of three plus one. When the eighth century A.H. is reached, the order of four sources have started to be pointed out with a special term as al-adillat al-arba‘a (the four sources). In the same century, the Mālikī scholar Ibn Juzay al-Kalbī and Ḥanbalī scholar Ibn Mufliḥ give the shar‘ī dalīls in the form of kitāb, sunna, ijmā‘, and qiyās, which shows that this order was established by the eighth century A.H..The second question is the one of when the term al-dalīl al-shar‘ī started to be used for the sources of sharī‘a and when it was settled. The term uṣūl, from which the title of this scientific discipline was derived, was widely used in the early periods to indicate the sources of sharī‘a. Although by time different terms such as ḥujja, burhān, amāra, and dalīl were used simultaneously for the sources of sharī‘a, the term dalīl gained a greater acceptance over time. The Ḥanafī uṣūl scholars, probably beginning with ‘Īsā b. Abān used the term ḥujja (pl. ḥujaj) more dominantly for a long time. The Hanafi uṣūl scholars, even al-Dabūsī, who used the term of dalīl in the title of his uṣūl work, preferred the term ḥujja until Ibn al-Sā‘ātī. In addition to being one of the first scholars representing the change in the classification of sources in the Ḥanafī tradition, Ibn al-Sā‘ātī stands out also one of the first Ḥanafī scholars in preferring the term dalīl over the term ḥujja. This re-search has shown that these two elements can be mentioned in the answer to the question of how Ibn al-Sā‘ātī, who is mostly listed in the first place, by the authors who mention mamzūj styled uṣūl (arguably claimed to be a hybrid style between the theologian-oriented and jurist-oriented writings) works, differed from his Ḥanafī predecessors. The main actors, however, in the domina-tion of the term of the al-dalīl al-shar‘ī in the literature of Islamic legal theory were the theologi-an-theoreticians. The leading scholar responsible for this usage was Abū al-Ḥusayn al-Baṣrī, who used this term consistently for the first time throughout his work. After al-Baṣrī, theologian-theoreticians, whether Mu‘tazilī or Ash‘arī, preferred the term dalīl for sources of sharī‘a. Yet, it took a few more centuries for Shāfi‘ī and Ḥanafī uṣūl scholars to widely settle this term for that meaning.

Fudayl Çelebi’nin ed-Damânât fi’l-furûi‘l-Hanefîyye Adlı Eserinin Tazminat Literatürü İçerisindeki Yeri

Author(s): Kamil Yelek / Language(s): Turkish / Issue: 1/2020

The law of responsibility (compensation), which was formed around the concept of the ḍamān and was developed by the scholars within the system of furû‘ al-fiqh (substantive law) over time, constitutes one of the important parts of Islamic law. Although compensation law (ḍamān) was not addressed as a private subject in the first period fiqh literature, it is seen that the literature on this specific area started to emerge after the early period. It is the Hanafi jurists who first brought together these issues that are scattered in the classical books of fiqh that are related to the law of responsibility. Compensation law took its classical form in the texts of the early periods and was shaped around the views of the founding imams of the Ḥanafī school (madhab). It has later been expanded with the fatwā and interpretations of the Sheikhs (mesāikh) of Hanafi in the type of waqi'at works. These works were a product of the need for the law to adapt to the new conditions. These issues, which are related to the com-pensation law in the Hanafi school have been covered as a special section (chapter) in the studies that are classified as waqi'at, such as Usrūshanī’s al-Fuṣūl fī al-muʿāmalat (Fuṣūl al-Usrūshanī), ʿImād al-Dīn al-Marginānī’s Fuṣūl al-iḥkām fī uṣūl al-aḥkām and Shaykh Badr al-Dīn’s Jāmiʿal-Fuṣūlāyn. Later, the topics discussed in these works were developed and contin-ued, and ultimately separate works related to this field have been copyrighted. In this study, the kinds of development and expansion which are in the literature and related subjects will be discussed by examining the above-mentioned works. Therefore; first of all, the first examples of Hanafi jurists related the compensation will be analysed comparatively. Afterwards, the place of ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah of Fuḍayl Chalābī (d. 991/1583), one of the Zenbillizade’s, will be addressed.

HALAL MESO I SAVREMENI NAČIN KLANJA ŽIVOTINJA

Author(s): Hakija Kanurić / Language(s): Bosnian / Issue: 11/2019

The meat of some animals is absolutely forbidden to consume while the meat of others is allowed under certain conditions. Animals that live solely in water are allowed without slaughter, except for land animals whose meat will only be allowed if they are slaughtered in a special way. Due to that it is necessary to fulfill certain conditions related to the animal itself, the person who is slaughtering, the way it has been done and the accessories it uses. This paper deals with the analysis of these conditions, with an overview of the ways of killing animals in modern slaughterhouses. By comparing the four known mezheb, the views of scholars about the types of animals whose meat is forbidden to be eaten are explicated. Also it highlights the issues in which scholars have taken a unique position and the issues in which they have diverged, as well as the arguments they invoke and which opinion is preferred.

Hanefi Usulünde Fasid Sayılan İstidlallerden İstifade İmkânı

Author(s): Mustafa Çil / Language(s): Turkish / Issue: 2/2014

Principles of Islamic Jurisprudence, in addition to its mission of determining the ruling methods from the Islamic sources, assesses the possible methods from various point of views and decides on their validity. The aim of this work is to review the methods that are not validated by Hanafi School of Thought Jurisprudence, analyses of the reasons for their invalidation, and possibility of benefiting from those in judging or in another purposes without violating the essential principles of the Hanafi School.

Hanefî ve Zâhirî Usûlcülerin Kur’ân’ın Âmm Lafızlarının Delâleti ve Haber-i Vâhidle Tahsîsine İlişkin Görüşlerinin Fıkhî Düzenlemelere Etkisi

Author(s): Mustafa TÜRKAN / Language(s): Turkish / Issue: 1/2020

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 an-other 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 evi-dence in terms of certitude. According to ḥanafīs, al-khabar al-wāhid is a presumptive evi-dence 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.

HOMOSEKSUALNOST NA MIZANU VJERE, TRADICIJE, LIJEPIH, PRIHVATLJIVIH OBIČAJA I ZDRAVE LJUDSKE PRIRODE

Author(s): Muharem Štulanović / Language(s): Bosnian / Issue: 11/2019

Following the decriminalization of homosexuality and removal from the list of disorders, members of the LGBTIQ community, their activists, continued to fight for their unique, special rights, publicity and legal equalization with the heterosexual community. These include the protection of the human rights of homosexuals, legal recognition of same-sex couples, recognition of sexual orientation and gender identity as grounds on which discrimination is not permitted, including all other rights used by the community. In our country, under the influence of the international community, and not as a result of the inner workings of any activist entities or the "maturation" of a democratic society, discrimination through the Gender Equality Act and the Anti-Discrimination Act is prohibited. Because this is a complete alternative culture to the opposite of heavenly, revealed, faith, the absolute majority of the world's population is opposed to homosexual ideology, regardless of the legal solutions, declarations, and legal status that the LGBT population has endured. People of common sense, tradition, beautiful, acceptable customs are horrified by the grave and even apocalyptic consequences that this population could cause (an attempt to overthrow the family and basic universal moral values, various new diseases unknown in past times that accompany this population, depopulation and white plague, etc.). It is certain that behind the social, political and legal affirmation of this population are some of the world's elites and certain very influential lobbies and centers of power (Masonic, Jewish, Porn, Pharmaceutical, Satanic, Gender and others).

İSLAM BORÇLAR HUKUKUNDA FESAD MÜEYYİDESİ İLE KISMİ HÜKÜMSÜZLÜK VE İPTAL EDİLEBİLİRLİK MÜEYYİDELERİNİN MUKAYESESİ

Author(s): Mustafa Ünal / Language(s): Turkish / Issue: 6/2019

Islamic scholars have brought forward different views on some matters. One of these matters is distinction of deterioration and nullity. This distinction has come before us as two different sanctions imposed on contracts in the Hanafi sect. Distinction of deterioration and nullity has brought a different perspective on contracts in Islamic Law. It is seen that the sanctions of partial nullity and annulability under modern law and the sanction of deterioration in Islamic law are similar in many respects when this distinction is examined together with sanctions within the scope of modern law. However, there are also significant differences between them. So despite all these similarities, each sanction appears as a different species.

İslam Hukukunda Senet Tanzîmi ve Senetlerin Şekil Şartları

Author(s): Şenol Saylan / Language(s): Turkish / Issue: 1/2016

From the early periods of Islamic Law, the legal proceedings and documentation were began to be certificated. Starting from the second century of Hijra, the documentation and certification rules began to be identified. These rules had been examined by a specific part of Islamic Law science (ilm al-shurût) and formed a vast literature in this area. It was started to determine the rules about how to form valid and strongly proving documents considering the science of Islamic Law and Literature. In this article, the document which has been discussed in books of shurût and can be defined as “the certificate which were formed to record the legal proceedings” will be examined in point of its content that should contain.

İslâm Medeniyetinde Teşekkül Eden Eğitim Tasavvurunda Şer′î İlim Kavramı

Author(s): Hasan Sabri Çeliktaş / Language(s): Turkish / Issue: 3/2019

In this article, the meaning of concept of sharʿī science gained in the conception of education, which was established in Islamic civilization, was studied. The main problem of the research is to evaluate the idea of education in Islamic Civilization, which is closely related to the concept of sharʿī science, with a false perception that it consists entirely of religious education. The beginning of Islamic Civilization is traced back to descent of the Qur'an. The conception of education that started to emerge after this period is based on the understanding of the Qur'an and hadiths at first. In later times, a wide variety of fields, such as language, literature, logic, wisdom, riyāzat, nature, and astronomy, have been included in the concept of education to encompass the whole existence of the entity. In the following centuries, these fields, which were included in the course curriculum of the madrasahs, were examined in detail in the works of classification of sciences. Therefore, the false perception needs to be reconsidered. For this reason, the article focuses on how the concept of sharʿī science is defined. Historical data analysis method was used to solve the problem. The claim of the article is that the concept of shar′i science has wide perspective to cover the world of meaning, mind and essence of man. As a result, this article, it was determined that the concept of sharʿī science has a meaning to cover the majority of information fields that are subject to instruction in our educational conception.

Islamizacja prawa karnego Pakistanu na przykładzie nowelizacji i stosowania przepisów prawa o bluźnierstwie

Author(s): Stanisław Dziwisz / Language(s): Polish / Issue: 22/2019

The aim of this article is to analyze the provisions of Chapter XV of the Pakistani Penal Code titled “Of Offences Relating to Religion” and commonly known as the “blasphemy law”. It includes a variety of crimes including blasphemy, profaning the Holy Quran, insulting religious feelings and using derogatory remarks in respect of the Prophet Muhammad. The article analyzes the legal solutions included in Chapter XV of the Pakistani Penal Code taking into account the historical context of their origin and application.The process of Islamization of laws and institutions began during the military regime of General Zia-ul-Hag, which is clearly seen on the example of Pakistan’s criminal law. In this period, five additional provisions were added to the Penal Code, including Section 295-C which introduces criminal liability for using derogatory remarks in respect of the Prophet Muhammad. The provisions under discussion have often been criticised for being discriminatory against religious minorities and inconsistent with human rights. They also violate the principles of equality and freedom of religion, which are guaranteed in the Constitution of the Islamic Republic of Pakistan. Their introduction to the Penal Code was part of the plan to bring about the Islamization of the law and the state.

ISLAMSKI REFORMIZAM U BOSNI I HERCEGOVINI I IMPLIKACIJE NA POLOŽAJ ŽENE

Author(s): Elvira Islamović / Language(s): Bosnian / Issue: 10/2018

Although there is recent literature in domestic historical and legal literature on the issue of the application of Sharia law, Islamic reformism and customs as an auxiliary source of sharia law in Bosnia and Herzegovina, we believe that there is a need for these issues from the perspective of women's historical experience. This paper has modest pretensions to alleviate the void that generally exists when it comes to the visibility of women in domestic historiography. Starting from the historical fact that Sharia law, in greater or lesser form, was part of a positive law in Bosnia and Herzegovina from the establishment of the Ottoman authorities to the end the Second World War, in this paper theoretically the issue of occurrence of Islamic reformism with a special emphasis on changes that treat the social position of women is dealt with. Exposed to the European / Western influences during the Austro-Hungarian administration, Bosnian Muslims were faced with the need to critically review religious practice and practice and adapt them to new social and political demands. In this paper we will try to point out some aspects of Islamic reformism in Bosnia and Herzegovina and its immediate implications for the position of women in terms of standardizing the family and marital relations of Muslims using the archives of the Archives of Bosnia and Herzegovina and the Committee of the Islamic Community Cazin.

JEDNA NEOBJAVLJENA RASPRAVA MUHAMED-EF. TUFE O ŠERIJATSKIM SUDOVIMA

Author(s): Fikret Karčić / Language(s): Bosnian / Issue: 40/2019

This paper deals with an unpublished debate on Sharia judiciary written by Muhammad ef. Tufo, the modern-day Bosnian alim. The manuscript is in the Gazi Husrev-bey’s Library, registered under number R-8258. It is written in Bosnian with quotations in Arabic language. This paper provides a biography of the author, a text of discussion, and a brief analysis of it. The main conclusions reached by the author are that Muhammad ef. Tufo considers the judiciary the most important branch of state power, emphasizes the character of a righteous ruler in Islamic thought, and follows Ibn Haldun when it comes to injustice and violence as signs of society’s decadence.

Journal of Liberty and International Affairs

Frequency: irregular and other / Country: North Macedonia

Journal of Liberty and International Affairs is a triannual (3 issues per year), open-access and internationally peer-reviewed journal devoted to the study of liberty and international affairs, published by the Institute for Research and European Studies - Bitola. A group of scholars are responsible for the launching of this journal. The primary intention is to offer academic and public debate on liberty and international affairs in all their aspects, taking into account the following topics: Individual liberty; Libertarianism; Classical / Neoclassical liberalism; Objectivism; Social liberalism; Coercion; Statism; Anarchism; Minarchism; Democracy; Political anthropology; International relations and diplomacy; Public and private international law; Geopolitics; Nationalism; Multilateralism; Security and freedom; Ideology; Politics and religion; Neo-Ottomanism; Neo-Sovietism; Yugosphere; Propaganda; Regional cooperation; European federalism; EU law and politics; European economic governance; EU foreign and security policy; Competitive federalism; Comparative constitutional law; Human rights and freedoms; Gender studies; Emerging powers (BRICS; Russia; China; India etc.); Transatlantic relations and other related topics, that contribute to the understanding of liberty and international affairs from different angles. It is important to emphasize, that this journal devotes special attention to Europe / EU as a crucial factor in the contemporary international affairs. Also, the journal editorial team encourages the submissions that treat Balkan issues, especially the attitude of the Balkan countries towards the European integration, and their place within the new international context.

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Journal of Liberty and International Affairs is a peer-reviewed journal, all articles being examined by researchers with credentials in the article's field of study before they are published. Articles are subjects to initial editorial screening and anonymous peer-review by two reviewers who will be selected by the editors. This journal operates a closed peer-review process, meaning that reviewers will not know author details and will themselves remain anonymous to the author. Journal of Liberty and International Affairs follows double-blind peer-review policy strictly.

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Kitap değerlendirme: Hanefîlerde Mezhep Usûlü: Şerhu Ukûdi resmi’l-müftî

Author(s): Gökçe Zeynep Akın / Language(s): Turkish / Issue: 1/2017

The review of: İbn Âbidîn, Hanefîlerde Mezhep Usûlü: Şerhu Ukûdi resmi’l-müftî, çev. Şenol Saylan, (İstanbul, Klasik Yayınları, 2016), 342 s.