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

Author(s): Nikola Gjorshoski,Goran Ilik / Language(s): English / Issue: 3/2020

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

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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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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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.

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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.

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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.

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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.

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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.

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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.

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Kitap değerlendirme: Osmanlı Devletinde Fetvâ Eminliği (1826 - 1922)

Author(s): Ahmed Niyazov / Language(s): Turkish / Issue: 2/2015

The review of: Talip Ayar, Osmanlı Devletinde Fetvâ Eminliği (1826 - 1922), (Ankara: Diyanet İşleri Başkanlığı Yayınları, 2014) 266 s.

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Muhammed Ed-Destinâî’nin Âdâbü’l-Müftîn Adlı Risâlesi: İnceleme Ve Tahkîk

Author(s): Şenol Saylan / Language(s): Turkish / Issue: 1/2019

In the first periods, the procedure and methodology of iftâ were discussed in the sections adab al-muftî or adab al-fatwa of fiqh works. In the following process, independent works containing these subjects with the same name were written. Among the first independent works on this subject, Ibn al-Salâh’s Edebü’l-müftî ve’l-müsteftî and Ibn al-Hamdân’ın Sıfatü’l-müftî ve’l-müsteftî can be mentioned. In comparison with other madhabs, the independent works on the fatwa methodology of Hanafi were written later. As far as we can determine, the first independent work on Hanafi fatwa methodology is tractate of Mohammed al-Destinâî named Âdâb al-muftîn. Only one copy of this work, which was thought to have been written at the end of the IX. (XV.) century or the beginning of the X. (XVI.) century, was identified. In the work, which consists of four sheets, are included the meanings of the term of fetwa and its derivatives, conditions of the mufti and müstefit. In this article, a tractate named Âdâb al-muftîn, which was the first independent work on Hanafi fatwa methodology and not too much information in sources, and its author will be introduced. In addition, with the thought of contributing to the literature of fetvâ methodology the critical edition of this compendious tractate, will be included.

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Osmanlı Ulemasının Fıkıh Usulü Çalışmalarına Katkısı: Hasan Çelebi Ve Telvîh Hâşiyesi Örneği

Author(s): İlyas Yıldırım / Language(s): Turkish / Issue: 1/2019

One of the most important sciences that shape the Classical Period Ottoman thought is undoubtedly Usūl al-Fiqh. When the works of the Ottoman scholars of that period on Usul al-Fiqh are considered, it is seen that there are too many works inspired by the books named al-Tanqīh and al-Tawdīh by Sadr al-Shari‘ah. In this context, the annotate named al-Talwīh written by al-Taftāzānī on the aforementioned works has become the subject of much annotates due to being a text in which scholars have the possibility to express themselves and to prove their scientific maturity. Hasan Çelebi was a scholar who had studied almost all of the basic texts taught in the madrasas. Ḥāshiyah ‘alā al-Talwı̄h, one of these texts, was completed in 885/1480 and presented to Sultan Bayezid II. This work was carefully analyzed and appreciated by some scholars of the period. The related work and its author has been determined to be the main subject of the study because it is thought to provide important findings related to the thought of Ottoman principles.

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Prikazi

Author(s): Rifat Alihodžić,Šerbo Rastoder,Safet Hadrović Vrbički,Senad M. Karađuzović,Sead Bandžović,Sait Š. Šabotić,Ismet Dedeić,Kostas Mavrakis,Alen Peričić,Selma Đečević / Language(s): Bosnian / Issue: 83-84/2020

Reviews of: 1. Zlatko Karač, Alen Žunić „Islamska arhitektura i umjetnost u Hrvatskoj. Osmanska i suvremena baština“, „Islamic Architecture and Art in Croatia. Ottoman and contemporary heritage“, Arhitektonski fakultet Sveučilišta u Zagrebu, UPI-2M PLUS Zagreb, 2018. Review by: Rifat Alihodžić; 2. „Modernost Zlatka Glamočaka“, Review by: Kostas Mavrakis; 3. Gani Karamanaga „Gradski Pazar“, Review by: Šerbo Rastoder; 4. Šerbo Rastoder, „Murteza Karađuzović (1865 - 1941), muftija crnogorskih Muslimana“, Almanah, Podgorica, 2019, Review by: Alen Peričić; 5. Mehmed Pargan „Grad u cvatu magnolije“; Izdavač: BMG Bosanska medijska grupa, Tuzla, 2018., Review by: Safet Hadrović Vrbički; 6. „Slovo o knjizi“, Review by: Senad Karađuzović; 7. Harun Karčić „Šerijat i pravni pluralizam u Evropi: primjeri koegzistencije religijskog i sekularnog prava na Starom kontinentu“, Centar za napredne studije, Sarajevo, 2018, str. 206., Review by: Sead Bandžović; 8. „Slike Aldemara Ibrahimovića - arhitektura sjedinjenog vremena“ (uz izložbu Aldemara Ibrahimovića u Modernoj galeriji u Podogorici), Review by: Selma Đečević; 9. Enes Pelidija, “Osmanisti Bosne i Hercegovine do kraja XX stoljeća”, knj. I, Mostar, 2019, 237 str., Review by: Sait Š. Šabotić; 10. „Sandžački Bošnjaci u brčanskom kraju: Posavina u srcu, Sandžak u duši“, Review by: Ismet Dedeić

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Property as a Comprehensive Institution of Modern Muslim Law

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Property as a Comprehensive Institution of Modern Muslim Law

Author(s): Anastasia ALEYNIKOVА / Language(s): English / Issue: 37/2018

The relevance of the study is due to the fact that Russia's relations with the Islamic theocratic states are developing more and more, so it is important for Russian investors to understand the specifics of property relations in these countries in order to minimize risks and expand their economic presence. In this context, this article aims to analyze the positive experience of regulating of legal property regime in the Islamic countries. Leading approach to the study of this problem is the descriptive method that has afforded revealing peculiarities of regulation of the concept of property under consideration within Muslim states. The materials of the paper imply the practical significance for the university teachers of the legal specializations.

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Řešení sporů vedoucích k rozvodu manželství v islámu

Author(s): Lenka Bezoušková / Language(s): Czech / Issue: 2,5/2013

This article deals with dispute resolution mechanism (tahkím) in Islamic law, examines rules and principles of Islamic tahkím in family disputes, in light of the Islamic institution of tahkím in general. Main attentiation is paid to juristic doctrines on this subjects as consent of parties with settlement, who can be an arbitrator, limits of his award. Past and present understanding of family disputes are investigated. As an example have served law issued in Morocco and Egypt.

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X. (XVI.) Yüzyıla Ait Üç Sancak Kanunnâmesine Göre Kemah, Âmid ve Pojega Sancaklarının Sosyoekonomik Durumu

Author(s): Tuğba Aydeniz / Language(s): Turkish / Issue: 2/2019

The Ottoman legal system is built on religious (sharīʿa) and customary (ʿurfī) laws. The customary law consists of the rules that are not in contrast to the sacred law. Collection of regulations (qānūnnāme) were the most effective way for the execution of the customary laws. The qānūnnāme included the sultan’s orders and edicts (farman). Ottomans regulated and evaluated the taxes through measurements of lands specific times of the year. These measurements would be recorded into the taḥrīr books (written survey of immovable properties). And the administrative qānūnnāme were included in these books. In the qānūnnāmes, we can find information about the taxes, and the unlawful executions of the customary actors (ahl al-ʿurf) as well as the tax regulations. The qānūnnāmes on sanjak are composed according to the economic, social, and geographical characteristics of the administrative district it is written about, and with this, they provide us information on these issues. In this article, three sanjak qānūnnāmes are taken as the central topic and Kamah, Āmid, Pojega are evaluated in terms of the execution of customary law in these districts. These qānūnnāmes include recordings of various taxing regulations, altered and cancelled executions, amounts of taxes, and punishments. We can compare the three districts in their economic and social characteristics.

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