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16. ve 18. Asırlarda Osmanlı Fetva Literatüründe Mudârebe Ortaklığı

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.

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A Fresh View On Zakah As A Socio-Financial Tool To Promote Ethics, Eliminate Riba And Reduce Poverty

A Fresh View On Zakah As A Socio-Financial Tool To Promote Ethics, Eliminate Riba And Reduce Poverty

Author(s): Magda Ismail Abdel Mohsin / Language(s): English / Issue: 1/2020

Current statistical data shows that almost all Muslim countries are facing economic and social problems such as the spread of poverty, mounting outstanding external debt due to compound interest and widespread unethical behaviour. Some contemporary scholars relate these problems to the oppression and the crippling policies of former colonial administrations, while others point to the governmental incompetence and corruption that triggered the last Arab spring. However, this paper contends that although the above mentioned issues may have served as catalysts that led to the worsening of socio-economic situation in many countries, the main reason for the overwhelming problems plaguing Muslim countries is their neglect of many Islamic financial and socio-financial duties, including zakah (alms) which is conceived to spread ethical behaviour, eliminate riba (interest), empower the poor and needy and so reduce and may even end poverty. This study aims to demonstrate how zakah, as a socio-financial tool, can help promote sound standards of ethics, generate funds to counter external borrowing endorsed by anti-poverty programmes, empower the poor, and eradicate poverty in Muslim societies. This paper uses a secondary source based meta-analysis of books, articles, journals, annual reports, and websites, besides referring to the Quran and the Sunnah of the Prophet (PBUH) whenever necessary. The findings show it is imperative that zakah to be recognised as an effective socio-financial tool to counter the ills currently plaguing Muslim societies. Adequately managed and distributed zakah can help to promote good ethics, overreliance on external borrowing, empower the poor and end their poverty hence, resulting in a just and a caring society.

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Ahkâm Ayetlerini Yorumlamada Fıkhî Mezhep Faktörü: Cessâs, Ebû Bekr İbnü’l-Arabî ve Kiyâ el-Herrâsî Örneklemleri

Author(s): İlyas Yıldırım / Language(s): Turkish / Issue: 2/2019

The Quranic verses have a wide range of topics. They are sometimes revealed directly and do not need interpretation, but sometimes they lack clarity. This makes it necessary for the person dealing with the verse to have a certain method and knowledge to understand the text correctly. Therefore, the person’s perspective will affect the process of understanding and interpreting the text. Hence, when we examine the verses that put forward a provision, it is seen that they are limited and regulating some areas. In addition, they have a style that can be interpreted in different ways. This provides a broad interpretation area for the scribes, who try to understand the verses. On the other hand, the element of accountability is important in interpreting a verse. In this tension, the legal verses subjected to various interpretations by the scribes. These scholars, who try to make judgments from the verses, carry out this process under various factors. One of these factors may be the practical sect that is followed. This article focuses on this aspect of the issue through three faqīh-mufassīr who have the first legal exegesis of Quran, but belong to different sects. Thus, it is possible to obtain an idea about the extent of the existing effect.

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Allah Hakkı ve Kul Hakkı Arasında Hanefi Ceza Hukukunun Kamusallığı

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.

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Application of Tawarruq in Islamic Banking in Malaysia: Towards Smart Tawarruq

Application of Tawarruq in Islamic Banking in Malaysia: Towards Smart Tawarruq

Author(s): Muhammad Faruq Roslan,Omar Bamahriz,Aishath Muneeza,JinZi Chu,Zakariya Mustapha,Mohamad Zabidi Ahmad / Language(s): English / Issue: 2/2020

The objective of the paper is to discuss the application of tawarruq in Islamic banking generally. The modus operandi of tawarruq in Islamic banking is an essential discussion in jurisdiction like Malaysia, where most Islamic banks use tawarruq to structure Islamic banking products. This paper employs a systematic literature review on best practice models and mechanism of current tawarruq application. The outcome of the research helps to understand the modus operandi of tawarruq transactions practically with a view towards understanding its future prospects in the era of Fintech. It is envisaged that this research will assist the growing understanding of the existing application of tawarruq in Islamic banking as well as its future development using technology.

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Arhivski fond Vrhovni šerijatski sud Sarajevo (1879. – 1946.) kao izvor za lokalnu historiju na primjeru Gračanice

Arhivski fond Vrhovni šerijatski sud Sarajevo (1879. – 1946.) kao izvor za lokalnu historiju na primjeru Gračanice

Author(s): Mina Kujović / Language(s): Bosnian / Issue: 50/2020

Archival documents created through the work of both lower and higher judicial bodies in Bosnia and Herzegovina are very interesting for the study of local history. However, they are often very sparsely presented in the scientific research of our past due to their extensive nature, the fact that they are often not processed and in disorder. The archive fund of the Supreme Sharia Court of Sarajevo, 1879 – 1946, stored in the Archive of Bosnia and Herzegovina in Sarajevo, has been archivally arranged and analytically processed. Unfortunately, it has not been used yet. The Supreme Sharia Court of Sarajevo ruled on the basis of Sharia regulations. This was a second instance court and its decisions were final. The court operated from 1879 to 1946, but the court cases for the whole territory of Bosnia and Herzegovina have not been preserved for every single year. The archive material is stored in 196 archive boxes and 58 court cases refer to the area of Gračanica and its surroundings. This article was written on the basis of the data in the analytical inventory of the Supreme Sharia Court of Sarajevo, while the archive material itself, the 198 boxes, would have to be consulted for more detailed research.

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BEYU’L-ÎNE ve YAKIN KAVRAMLAR

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.

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Building Strategic Planning Models Based on Digital Technology in the Sharia Capital Market
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Building Strategic Planning Models Based on Digital Technology in the Sharia Capital Market

Author(s): BASROWI BASROWI,Pertiwi UTAMI / Language(s): English / Issue: 49/2020

Digital technology is able to give a new face to the development of the capital market industry in Indonesia. Licensing process, wider reach and ease in transactions (financial technology) become faster, more efficient, cheaper, and transparent. However, the development of digital or scripless systems is still constrained by various factors. The purpose of this study is to try to dig deeper into the basic concepts of digital planning for issuers in the list of Islamic securities. A development model based on the results of the literature review is expected to contribute to the acceleration of digital technology in the capital market. The results of the study suggest that it is important for digital planning so that organizations have planning standards with special characteristics to create a 'positioning' that is in accordance with Islamic principles. The novelty in this research is that social cognitive theory and technology adoption can also be applied to sharia-based digital planners in the capital market. Sharia based digital technology will have a positive impact on the empowerment of issuers, prospective issuers, and investors in the list of sharia securities.

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DEKLARACIJA O LJUDSKIM PRAVIMA U ISLAMU IZ KAIRA

DEKLARACIJA O LJUDSKIM PRAVIMA U ISLAMU IZ KAIRA

Author(s): Oliver P. Nikolić / Language(s): Serbian / Issue: 3/2020

U radu autor prikazuje Deklaraciju o ljudskim pravima u islamu, jedan od najvažnijih pravnih dokumenata o pravima čoveka koji je donela Organizacija islamske saradnje u Kairu 1990. godine. Iako ova deklaracija pretenduje da unapredi Univerzalnu deklaraciju UN, mora se konstatovati da je ona prihvatljiva samo u državama sa većinskim stanovništvom islamske veroispovesti. Ono što najviše narušava univerzalnost primene jeste njena duboka ukorenjenost i doslovno zavisnost od šerijatskog prava.U radu su ukratko opisana sva prava i slobode koji se pominju u Kairskoj deklaraciji. Na prvi pogled ova deklaracija pruža zaštitu i garantuje mnoga ljudska prava, čak i više od Univerzalne deklaracije, ali sva ta prava moraju biti u skladu sa šerijatskim pravom. Ta obaveznost usklađenosti sa šerijatskim pravom često obesmišljava i sputava pravu zaštitu zagarantovanih prava. Prikazana su i pozitivna ali i negativna razmišljanja i pogledi na Kairsku deklaraciju, u zavisnosti da li su o njoj pisali teoretičari islamske veroispovesti ili zapadnih zemalja. Kako god da se posmatra, ova deklaracija će imati smisla i važiće samo u muslimanskim zemljama, bez ikakvih mogućnosti da se primeni u nekim drugim državama.

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

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.

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

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.

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Dobrotovorni rad u islamskoj jurisprudenciji

Dobrotovorni rad u islamskoj jurisprudenciji

Author(s): Senad Ćeman / Language(s): Bosnian / Issue: XIII/2020

Islamic teaching defines charity work as an act motivated by devotion to God when such devotion is based on voluntariness and to gain God’s reward. Charitable work is basically not obligatory; even if it does not seem to appear as such, it bears no responsibility. Charitable work in Islam has generated over time numerous governmental and non-governmental institutions through which individuals have helped society in an institutionalized and organized manner, and which has been a partner of the state in the field of education, health, recreation, etc. In its broad opus, Islamic jurisprudence has given a significant place to the topic of charity work.

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Doğuşu ve Tarihsel Gelişimi Bağlamında İslam Hukukunda İhtilaf

Doğuşu ve Tarihsel Gelişimi Bağlamında İslam Hukukunda İhtilaf

Author(s): Yüksel Salman / Language(s): Turkish / Issue: 42/2020

Ikhtilaf (differences of opinion on religious matters) is a natural phenomenon. Throughout the history, different views and understandings have always existed. This fact should be taken into account while evaluating the ikhtilaf on fiqh (jurisprudence) matters. The ikhtilaf that are in contradiction with the nass, the ijma, and the general tenets and principles of Islam have not been approved throughout the history of Islamic law. The duly-conducted ijtihad made by the qualified fuqaha (fiqh scholars) on matters open to ijtihad, and the ikhtilaf that occurring as their consequence are, however, evaluated as a reason for mercy. The scholars of Islamic law in the period of the Companions and the subsequent periods have had disagreements on many issues. However, this situation was not seen as a reason for dissension (fitnah) except for some marginal views. While the differences of opinion were met with more understanding and accepted as richness in thought, they began to be criticized and their legitimacy to be questioned after the second Hijri century. General rulings of some verses that prohibit ikhtilaf were shown as the basis for this approach.Differences of opinion while the Prophet was still alive were resolved by the Messenger of Allah himself. Therefore, it is not possible to mention about an ikhtilaf in the real sense in that period. But since the revelation stopped and no source of resolution left with his demise, we can say that the first serious differences of opinion arose. The main reasons for ikhtilaf in the period of the Companions can be counted as not reaching the related nass or ruling, the fact that the hadith has not come through an.The differences of opinion that arose in the period of tabi’un (successors of compan-ions) were mostly based on place and region. Main reasons for the ikhtilaf in that period are the use of words literally or metaphorically, the hadith’s being known or not, the authenticity of the hadith, difference of knowledge and method of ijtihad, and social circle. The new cultures and understandings emerged with the conquests, the effects of ra’y and hadith schools, and differences of opinion resulting from evidence, language, and geography are among other reasons for the ikhtilaf in tabi’un period.Borders of the Islamic state reached Spain and China, and social and cultural dynamism increased in the period of mujtahid imams, from the beginning of the 2nd century to the 4th century after Hijrah. Comprehensive interpretations of the Qur’an and the Sunnah, and the rich accumulation consisting of the ijtihad of Companions and fuqaha tabi’un have formed massive data for the systematization of Islamic fiqh. While the schooling was around basic trends in the period of tabi’un, in this period, a person-centered new legal structure called “madhhab” (Islamic jurisprudence school) emerged among these schools.The phenomenon of imitation left its mark on the “madhhab and literature-centered development period” starting with the second half of the 4th century after Hijrah and continuing until the conquest of Baghdad by the Mongols. Absolute ijtihad (ijtihad al-mutlaq) gradually decreased in this period while strict adherence to a certain madhhab and previous ijtihads came to the fore. This period is also the one when Islamic jurisprudence matured in the context of concept, theory and method, and settled as a tradition. For this reason, this period is also called “the period of stability” or “the period of institutionalization” by some. As the absolute ijtihad era ended in this period, followers of each madhhab adhered to their imam.Islamic law continues to have an effect on organizing life in Muslim societies, whose number is today close to two billion worldwide. In today’s world where multidimensional developments are experienced in every field of social life and thus legal prob-lems are increasing and deepening, some of the studies in Islamic law continue at legislation level while others are held at the academic level in the official and civil field, particularly in universities.We can say that in addition to many boards and organizations that focus on fatwa, scientific studies conducted in universities also shed light on the solution of today’s jurisprudential problems, help to eliminate the legally-baseless ikhtilaf, and contribute to the development of common-sense approaches.In this study, by which we tried to reveal the emergence and historical development of ikhtilaf in the Islamic law, the political factors affecting the course of ikhtilaf, the environmental factors, the elements regarding time and geography, and the differences of methods adopted by Islamic jurists are discussed. Contemporary studies on Islamic law are also included in addition to the classical sources of fiqh. This study aims to position the fact of ikhtilaf correctly and to draw attention to its legal nature. Understanding the ikhtilaf and its historical course will open the door to comprehending the reasons behind different opinions in Islamic law and to richness in views. It will also make significant contributions to prevention of ikhtilaf-based separations.It is a fact that it is impossible to imagine a world without ikhtilaf. Although it is a well-intended thought to expect all mujtahids to have the same opinion or everyone to obey an opinion in subjects open to ijtihad, we need to state that it does not have religious, legal or rational basis. What really matters is to accept the fact of ikhtilaf, comprehend its legal nature, and evaluate it as a different horizon.

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DVIJE BEOGRADSKE VAKUFNAME IZ 16. I 18. STOLJEĆA – PRILOG IZUČAVANJU BEOGRADSKIH VAKUFA

DVIJE BEOGRADSKE VAKUFNAME IZ 16. I 18. STOLJEĆA – PRILOG IZUČAVANJU BEOGRADSKIH VAKUFA

Author(s): Hamza Lavić / Language(s): Bosnian / Issue: 41/2020

This paper examines two waqfnamas (endowment legal document; deed of endowment) which date back to the 16th and the 18th century, and they refer to the waqfs (endowments) in Belgrade. Haji Osman, son of Husein, endowed the sum of 8200 akca (silver coins) by the waqfnama from 1566, and the income, which was earned from doing the business with that money, was intended for the purpose of maintaining the mosque in Zaynuddin-aga’s Mahala (mahala: a city quarter) in Belgrade and the reading of the Qur’an for the soul of the waqif (endower) on a regular basis. The second waqfnama, which established the waqf of Defterdar Ahmed Kamil-efendija, was written in 1741. This benefactor from Belgrade built, or to be more precise, restored the three mosques in Belgrade: Defterdar’s Mosque, the Tugdži Mosque and the mosque in the Požarevac qadiluk (the jurisdictional district of a qadi). For the upkeep of these mosques, but also for other charitable purposes, he endowed a hān (an inn providing accommodation, food, and drink, especially for travellers), a watermill, a vineyard, and a large number of properties such as residential buildings, shops and land.

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EHLIMANA MEMIŠEVIĆ, SUDOVI: KOMPARATIVNA STUDIJA

EHLIMANA MEMIŠEVIĆ, SUDOVI: KOMPARATIVNA STUDIJA

Author(s): Hana Younis / Language(s): Bosnian / Issue: 19/2020

Review of: Hana Younis - Ehlimana Memišević, Sudovi: komparativna studija, Sarajevo: Centar za napredne studije, 2019, 462 str.

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

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.

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Erken Ödeme İndirimi Muamelesinin Şer‘î Hükmü ve Cahiliye Ribâsı ile İlişkisi Açısından Tahlili

Erken Ödeme İndirimi Muamelesinin Şer‘î Hükmü ve Cahiliye Ribâsı ile İlişkisi Açısından Tahlili

Author(s): Mehmet Aziz Yaşar / Language(s): Turkish / Issue: 2/2019

The matter about whether it is permissible that there is a discount in the time loan in exchange for the advance payment is our study’s main subject. The majority of scholars accepted the aforementioned discount as the purchase of term, and accepted it as unlawful by evaluating it within the scope of interest of jahiliyyah. Some jurists thought such discount as the benefit of parties and accepted the discount as halal by evaluating it in the context of discount magistrate. The main reason of disputes about this matter is that there are two opposite hadiths. The approaches of jurists were revealed about the canonical judgment of the transaction of early cash discount in the article. In this context, the information will be firstly given about the importance of this matter, and then the subject will be tried to be enlightened as the sanad criticism is made about the aforementioned hadiths. Then, an effort was made to determine a view worthy to be preferred as the views of jurists were evaluated with their legal reasoning. In this respect, it was tried to be determined about whether there is a relationship between the aforementioned transaction and the interest of jahiliyyah.

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EROL GÜNGÖR’ÜN DÜŞÜNCESİNDE İSLAM HUKUKU

EROL GÜNGÖR’ÜN DÜŞÜNCESİNDE İSLAM HUKUKU

Author(s): Neşide YILDIRIM / Language(s): Turkish / Issue: 48/2020

Güngör, who analyzed the so-called ethics of social change and culture in a mandatory challenge to bring the problems in Turkey with scientific methods, discussed his work in the field of Islamic law under a separate title in his work titled Today's Issues of Islam. Islamic law is based on the sacred sources of Islam (Quran, Sunnah and Hadith) and the views of scholars (thinkers = imams). Hz. Prophet himself did the practice while he was alive, there was no problem. However, in the following years, difficulties occurred, and these problems were tried to be eliminated by ijtihad’s made by Islamic thinkers. Jurisprudence is not constituted in the form of laws by substance, but as general rules to be used in a certain legal field as in the West. This is also the case with family law where one is most ambitious.

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European courts ́ authority contested? The Case of Marriage and Divorce Fatwas On-line

European courts ́ authority contested? The Case of Marriage and Divorce Fatwas On-line

Author(s): Vít Šisler / Language(s): English / Issue: 1/2009

This article explores Islamic websites providing normative content for European Muslim minorities. It focuses on four distinct Sunni websites and analyzes their fatwas, i.e. legal and religious recommendations issued in matters related to family law. Drawing from a broader research of more than 450 fatwas, this article presents the various ways, in which Muslim authorities associated with these sites deal with the conflicting areas between Islamic law and European legal systems. Essentially, it argues that the Internet and information and communication technology create new public spheres where different, and oftentimes conflicting, concepts of coexistence between Islam and the State are negotiated. Moreover this article demonstrates how these concepts are later incorporated into existing legal frameworks through the institutions of arbitration and marriage contracts. At the same time it explores the underlying rationale behind the fatwa-issuing websites, which emphasize the role of the individual and promote voluntarily adherence to Islamic law. On a more general level, this article aims to provide case studies on how technology redefines the politics of religious authority.

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FAİZSİZ FİNANSMAN BONOSU SUKUK UYGULAMASI VE MUHASEBELEŞTİRİLMESİ

FAİZSİZ FİNANSMAN BONOSU SUKUK UYGULAMASI VE MUHASEBELEŞTİRİLMESİ

Author(s): Recep Yılmaz,Rabia BÖLÜKBAŞI / Language(s): Turkish / Issue: 1/2020

Aim: Sukuk, which gives ownership rights over goods or services subject to exportation and provides profit share or rental income instead of interest income due to the prohibition of interest in terms of Islamic law, has become a new investment instrument used quite frequently by participation banks around the world and especially in our country. In this study, by examining the accounting record systems used between banks, it has been aimed to do the accounting records of the given example in the study. The study, by examining the financial-tool Sukuk, is intended to contribute to the literature on its accounting. Method: There has been accounting records made in accordance with the given example in the application section of the study. In the study, firstly, the definition of sukuk, its varieties, advantages and disadvantages, risks and differences with bond are explained. Finally, considering the General Communique on Accounting System Application and the chart of accounts and TMS/TFRS, an application was included, and accounting records were made for Originator, asset leasing company and investor. Results: Conventional banks and participation banks use different accounting registration systems for investment vehicles. Conclusion: This essay is intended to the accounting of one of the investment tools, sukuk, by loan originator, asset leasing company and investors.

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