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BİR MÜSTEŞRİK OLARAK JOSEPH SCHACHT’IN İSLAM HUKUKU HAKKINDAKİ YANILGILARI III

Author(s): Arif Atalay / Language(s): Turkish Issue: 63/2024

The previous research titled "Joseph Schacht's Misconceptions About Islamic Law as an Orientalist I" and "Joseph Schacht's Misconceptions About Islamic Law as an Orientalist II" are about the life of Joseph Schact, who was born in the Upper Silesia region of Germany in 1902. It is partially included in our series. For this reason, in this article, we will not go into detail about Joseph Schact's life unless necessary. As in our other two articles, the main source in this research will be Schact's work titled "An Introduction to Islamic Law", translated by Mehmet DAĞ and Abdülkadir ŞENER and published by Ankara University Press in 1986. When first read, this work attracts attention as a very impressive and comprehensive work. However, when you look between the lines, it gives the impression that some of what is written are misconceptions that have nothing to do with Islamic law. It seems that no justification or source is given for these stories. For this reason, it is necessary to somehow reveal that the truth has nothing to do with what is said. As in the other two studies, the aim of this research is to reveal that these misconceptions do not coincide with the truth in any way. As in the other two articles mentioned above, not all of the findings from Joseph Schact's work An Introduction to Islamic Law will be included in this article. A few of these will be listed below, and the remaining findings will be included in another article later. The main topics that will be included in this research from Schact's claimed statements are: “Pledge is the Change of Ownership, “Pledge Cannot Be Used by Anyone (Priest or Apostate),” “Exchange of Commercial Goods Almost Never Takes Place in Islamic Law,” “Just as there is no concept of corporation in Islamic law, there is also no concept of legal personality.” “At the same time, there is no freedom to cooperate in the current sense” and “Only when it comes to earnings, it is considered a company. The capital owner (rabbu'l-mal) in this company suffers the loss” The issues mentioned here will not be discussed in depth and will only be evaluated as a response to Schacht's claims.

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Mehmet Akif Ersoy’un İslam Aile Hukukunun Bazı Konuları Hakkındaki Görüşleri

Author(s): Sümeyye Erdoğan / Language(s): Turkish Issue: 6/2024

Mehmet Akif Ersoy defends the necessity of a society based on Islamic principles. He also dealt with social issues through his poems. In his poetry corpus called Safaḥāt, he addressed the wars, corruption, economic troubles, disagreements and social changes experienced by the Turkish society. Akif draws attention to the excess and negative aspects of these great changes in society. He stated that the reason for the situations that cause enchantment in the society is the deviation from rules and principles of Islam. He states that the solution is only to application of the religious rules and principles correctly. According to Akif, there is a need for good fiqh scholars who explain religion correctly to people in order to achieve this goal. The current understanding of religion in the society should be corrected on the basis of the Qur'ān, Sunnah and consensus (ijmā). Likewise, people's inadequate and wrong knowledge in the fiqh brings corruption in many issues in society. Undoubtedly, the family is among those most affected by the bad consequences of deviation from religion. Akif believes that societies without a proper family life are doomed to fall behind. The problems in family life that Akif faced and criticized during his lifetime still remain valid today. Accordingly, in this study, the social problems related to family life witnessed and criticized by Ersoy were analysed and evaluated in terms of Islamic law. In this way, the corruption in family life caused by moving away from the rules of Islamic law is intended to be clearly demonstrated. Due to the fact that they are within the scope of the subject, the poetic stories conveyed in the poems of Köse Imam, Meyhane and Asım are emphasized. In the plots of the poems, we come across the subjects of dowry, judgement of marriage, alimony, polygamy, relationship between spouses, property regime and divorce. Akif’s comments about the case studies in the work are included. Afterwards, a statement was made on the relevant subject and the misunderstood/applied situations were explained according to Islamic law. As a result of the study, the damage on family life of the deactivation or misinterpretation of the provisions of religion has been revealed. According to Akif, issues such as giving women the value they deserve in family, removing polygamy from being an arbitrary practice, correcting misconceptions about divorce, obtaining and protecting the financial rights of women during the marriage are only possible with the correct understanding of Islamic legal principles. It was through Islam that a society in which women were not even considered human beings, and in which there was uncertainty in family was transformed into a society of the age of bliss (al-asr al-saada) has been reached only with Islam. For this reason, women, children and family suffer the most in societies where religion/fiqh is put into the background. The upbringing of the generation that will carry a nation forward is only possible by by eliminating the misunderstandings about the family and correcting the problems.

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Tarihî Şartlar Özelinde Beyan Edilen İctihadların İfta Kaynağı Olarak Kullanması Problemi

Author(s): Ahmet Özdemir / Language(s): Turkish Issue: 2/2023

Ijtihad is the mujtahid's putting forward all his efforts on a fiqh issue within the framework of methodological principles. Fatwa, on the other hand, are the explanations made regarding the questions asked in fiqh issues. Therefore, although there are similarities between fatwa and ijtihad in terms of declaring a fiqh knowledge, there are also some differences that distinguish both scientific activities from each other. Because of this difference, not every ijtihad qualifies as a fatwa that a Muslim can apply in his life. A jurist who does not have the qualifications for ijtihad has to pay attention to when giving a fatwa by making use of the classical period ijtihad. The most important thing to consider when benefiting from the ijtihads that have been put forward is to correctly distinguish between the ijtihads that are historical and those that will always be used. In the fiqh books, there are many issues that can be described as historical ijtihad, in the context of their own time and conditions. Since it is not possible to present all such ijtihads within the framework of an article, in this study, the subject is discussed within the framework of ijtihads selected from fiqh books. From international relations to family law, there are many historically qualified ijtihads in the fields of fiqh, especially in the field of transactions. Today, international relations are quite different. It is of great importance to redefine the world and present fiqh rules accordingly. In the changing social structure, a new perspective is needed in the determination of the muruet. In the process of women's social position and participation in social life, great changes have been experienced all over the world and women have started to take part in many areas of life. In terms of the minimum age limit for marriage, it has become natural to marry at an older age than in the past. It has become almost impossible to act with the approach that those who have the same belief will obtain citizenship without other terms and conditions. It has become necessary to consider the views of jurists regarding the rights of non-Muslim citizens from a new perspective in the globalizing world structure. The implementation of views that give authority to private property owners regarding mineral ownership may be harmful to the security of the state and the public interest. There has been a need to look again at the legal provisions regarding the treasures under the ground in terms of public interest. In the article, it is stated why the ijtihads on the aforementioned issues have a historical character and in which framework the issue should be handled today.

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Beyʿu’l-Vefânın Hukuki Niteliği Hakkındaki Görüşlerin Hanefî Fetvâ Literatüründeki Kronolojik Gelişimi -4./10-6./12. Yüzyıllar-

Author(s): Okan Kadir Yılmaz / Language(s): Turkish Issue: 2/2023

Bayʿ al-wafā is a fatwa issue (waqıʿat/nawazil) in the form of a legal solution (hīla al-sharʿiyyah), the legal nature of which was intensely debated by Central Asian Hanafi jurists. This contract appears to be a practice by which Muslim communities living in Central Asia, particularly in Bukhara and Samarkand, were able to conduct their debt relations without involving interest. The initial assessments regarding the legal nature of bayʿ al-wafā, for which there is no transmission from the founding imams, emerged in the fatwas of Central Asian Hanafi scholars in the 4th/10th century. Subsequently, from this century, when the first examples of fatwa literature were penned, to the 6th/12th century, when the most advanced and influential examples were produced, there were many different opinions on the legal nature of this contract according to the Hanafī doctrine. In this study, based on the fatwa literature that emerged between these centuries, the chronological development of opinions on the legal nature of the bayʿ al-wafâ contract has been examined. Furthermore, this study also addresses the fundamental trends that have led to different assessments on the subject and identifies the subordinate and opposing views concerning it.

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Hanefî Mezhebine Göre İtikâf İbadeti

Author(s): Ramazan Çöklü / Language(s): Turkish Issue: 1/2024

One of the basic denominators of Islamic jurisprudence is worship. Man's lifelong adventure of servitude gains meaning only through worship. I’tikāf is one of the acts of worship performed by human beings who want to fulfill their essential duties in this mortal world. In such a way that the servant retreats in seclusion in i’tikāf and approaches his Lord, free from worldly pleasures and desires. For such an act of worship to fulfill its purpose, it must be performed with its conditions and rituals. In this study, the issues related to the worship of i’tikāf according to the Ḥanafī school are explained. The opinions of many jurists, especially the imams of the Ḥanafī sect, are included. This research, which is one of the first Turkish academic studies to examine the views of a sect on the worship of i’tikāf in a comprehensive and detailed manner, is also important because it explains the issues together with their basis in the usūl al-fiqh. Throughout the research, the fiqh sources of the Ḥanafī school were used, and the issues that the jurists agreed on were given from the source that explained the issue with its evidence and revealed its basis in the methodology. In addition, the narrations and procedural issues that are at the basis of the issues and that cause the jurists to disagree are mentioned. First, the definition of i’tikāf was made, then its ruling and its parts were explained. Then, the conditions of i’tikāf are examined and finally, the things that violate i’tikāf are analyzed.

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Development of Islamic Insurance (Takaful) in Bangladesh: Legal Barriers and Challenges

Author(s): A.H.M. Ershad Uddin / Language(s): English Issue: 2/2023

This study delves into the concept of Takaful, an Islamic insurance model, and its legal framework, focusing on its role and potential within the insurance market of Bangladesh. It examines the challenges and opportunities posed by Takaful, considering its alignment with Islamic principles and its growth compared to conventional insurance systems involving ribā (interest) and ghrār (uncertainty), which raises concerns about Islamic law. The traditional system of insurance's concerns over compatibility with Islamic law has paved the way for Takaful, an alternative insurance model rooted in Islamic fnance principles. Given Bangladesh's Muslim-majority population and substantial market for Islamic banking, understanding and enhancing the Takaful industry's potential is crucial. This study addresses the need for an ethical and Sharia-compliant insurance solution while contributing to the broader discourse on Islamic fnance. The primary objective of this study is to assess the signifcance of Takaful in the context of the Bangladeshi insurance market. It aims to evaluate Takaful's alignment with Islamic principles, its market growth, and its legal framework. By identifying challenges and opportunities, the study seeks to provide recommendations for policymakers and insurance practitioners to promote Takaful efectively in Bangladesh. This study employs a mixed-methods approach. The research assesses Takaful's market share, growth trajectory, and comparison with conventional insurance products. In addition, qualitative analysis is used to identify legal and commercial challenges hindering Takaful's growth. Recommendations are formulated based on the research fndings, aiming to enhance Takaful's role through policy adjustments within the Insurance Act 2010 and addressing challenges related to Islamic commercial law. By scrutinizing the signifcance of Takaful in the specifc context of Bangladesh's insurance market, this study provides valuable insights to stakeholders, guiding the growth and development of the Takaful industry while respecting Islamic principles and ethical considerations.

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Kırâat İhtilaflarının Vakf-İbtidâya Etkisi (Vakf Yerlerinin Değişmesi Bağlamında)

Author(s): Alaaddin Salihoğlu / Language(s): Turkish Issue: 2/2023

The science of waqf-ebtedā, which is considered one of the most important topics in the science of tajweed, is a branch of science that is directly related to the meanings of the Qur’ān on the one hand and its recitation (telāwa) on the other. And because the science of readings (qirāats) deals with the different Quranic readings and has an impact on the interpretation of the Qur’ān, we can say that there is a close link between the science of waqf and qirāats. Thus, revealing the meaning in accordance with Allah's will in the verse, determining the religious and fqh provisions by interpreting the verses authentically, and refecting these issues in the recitation is only possible by evaluating these two sciences together. In this study, first of all, the relationship between the science of qirāats and the science of waqf-ebtedā is emphasized. Then, information is given about the methods followed in determining the places of waqf-ebtedā. Again, under this heading, some concepts and terms related to the subject are included. Then, the efect of qirāat aspects on waqf-ebtedā was discussed and examined in three categories. The first of these is that qirāats diferences do not affect the waqf places, the second is that they change the degree of waqf places, and the third is that they change the location of waqf places. The study focused on the third category, which is the main subject of the research, and aimed to explain the issue with explanatory examples. In terms of method, comparison and screening methods were used.

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Fusûlü’l-Üsrûşenî Adlı Eserin Hanefî Fıkıh Literatürüne Katkısı Hakkında Bir Değerlendirme

Author(s): Şerif Gedik / Language(s): Turkish Issue: 2/2023

Fusul al-Usrusheni, who influenced the fiqh and fatawa works of Hanafi jurists written in many different regions from Transoxiana to the Ottoman geography and from there to India, became the source of the works of many judges and muftis, especially the Ottoman sheikhulislam. The influence of the work belonging to Mecduddin al-Usrusheni, who is stated to be one of the mujtahid scholars of his period in some sources, was especially felt in the Ottoman geography. The fact that the work, which includes the subjects of furu fiqh and trial law, deals with some problems encountered in daily life and some issues referred to the courts and official authorities, has contributed significantly to the increase in the frequency of applying to the work. With this study, it is hoped that the work will increase the interest of today's researchers to the work and draw attention to the work for new studies, as well as revealing its contribution to the literature with its impact on some sources accepted in the Hanaf fqh literature. In this study, brief information about the life and works of Mecduddin el-Usrusheni was given, and the form, content features, sources and manuscript copies of the work called Fusûlü'l-Üsrûşenî were examined. In addition, it is aimed to be the source of Fusul al-Usrusheni's commentaries on Hanaf furu fiqh and some fatawa-style works of Ottoman sheikh al-Islams and judges, and to convey some quotations from the work with examples.

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Zekâtın Sarf Yerlerinden Biri Olan Gârimîn Payından Karz-ı Hasen

Author(s): Nurten Zeliha Şahin / Language(s): Turkish Issue: 1/2024

People ask for loans to meet their needs, starting from those closest to them. For this reason, the law of obligations has a history as old as human history. However, in a reality as old as human history, usury is what turns people's need into profit. Today, when Muslims cannot find a loan to pay for their needs, they mostly apply to bank institutions and get a loan with interest. Contemporary jurists have particularly highlighted zakat and qard funds so that Muslims can meet their needs by borrowing interest-free. Considering that the loan request arises from need and that the purpose of zakat is to meet the needs of the needy, it can be seen that the purpose of both is the same. Based on the unity of purpose, the question of whether it can be easier for people to meet their needs without interest by lending zakat property, has been answered by some jurists, especially those who have worked long hours on zakat. According to this view, loans can be given from zakat funds to return the money to the fund. Since the person will be included in the gharimin class, which is among the places of consumption of zakat, after borrowing, the zakat property can be allocated to meet the needs of those who request the loan. This study aims to reveal the issue of whether zakat can be given as qard compared to gārim, by comparing it with gārim, which is one of the places of consumption of qard and zakat.

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The Impact of Financial Leasing on Banking Performance by Measuring the EPS Index / Applied and Analytical Research in Some Iraqi Private Islamic Banks for the Period From 2018_2022

Author(s): Hadeel Shakir Mahmoud,Nagham Hussein Neama / Language(s): English Issue: 4/2024

This study aimed to analyze the impact of financial leasing revenues on financial performance in the banking sector, by identifying the nature of financial leasing and its benefits, and to know the extent to which banks benefit from financial leasing and its impact on their banking performance, the study relied on the financial statements of two private Iraqi Islamic banks, which provide financial leasing services, by calculating the total return per share and return per share through financial leasing.The study relied on the main hypothesis that financial leasing positively affects the financial banking performance of Islamic banks that adopted this formula.The study reached the conclusion that there is no impact of financial leasing revenues on the financial performance in the study sample combined, as well as the lack of impact of financial leasing revenues on financial performance in all banks representing the study sample, and the reason for this is due to the instability in the economies of these countries, This fluctuation in the volume of financial leasing activity in Arabic countries reflects many of the problems and challenges facing this activity.One of the most important recommendations reached by the research is the need to provide full support to the banking sector by governments to be able to provide financial leasing services and benefit from them, as well as the need to educate administrators in the banking sector about the importance of financial leasing and the expected benefits of using it.

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The Potential Utilization of Metaverse as a Praying Space from the Perspective of Maslahah Mursalah

Author(s): Mursyid Fikri,- Supardin,Abdul Syatar,- Fatmawati,- Indriana / Language(s): English Issue: 4/2024

The Metaverse has emerged as a promising virtual platform for various purposes, including its potential use as a praying space. In this context, it is important to examine the potential utilization of the Metaverse as a praying space while considering the perspective of Maslahah Mursalah, a concept in Islamic law that prioritizes public welfare. This article aims to explore the potential utilization of the Metaverse as a praying space from the perspective of Maslahah Mursalah. By analyzing literature and the concept of Maslahah Mursalah, this article discusses the positive and negative implications of using the Metaverse as a praying space, as well as how the principle of Maslahah Mursalah can be used as an evaluation framework. The findings of this research are expected to provide deeper insights into the possibility of using the Metaverse in religious contexts, while considering the common welfare that is the primary focus in the perspective of Maslahah Mursalah.

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The Role of Islamic Banking in Achieving Sustainable Development Goals (SDGs) in West Sumatera

Author(s): Sandra Dewi,- Yaswirman,Rudi Febriamansyah,- Henmaidi / Language(s): English Issue: 4/2024

Bukittinggi is a tourist city that shows the potential of MSMEs for the community, but capital problems still constrain them from establishing MSMEs. Therefore, murabahah and mudharabah financing distributed by BSI KCP Bukittinggi has a role in supporting MSME activities. This study aims to determine the role of Islamic banking in achieving sustainable development in West Sumatra. Using a researcher-determined descriptive qualitative research approach, this study describes Islamic banking's involvement in reaching SDG 1 (no poverty) in Bukittinggi City, West Sumatra Province, in great detail. This study's findings point to the importance of Islamic banking in Achieving Sustainable Development in West Sumatra through the distribution of financing to the community, namely murabahah financing and mudharabah financing, will encourage regional economic movement, especially for MSME actors in Bukittinggi City.

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The Transformation of Zakat in Promoting the Growth of the Halal Industry in Indonesia

Author(s): Nurul Hak,Nilda Susilawati,Dedy Novriadi / Language(s): English Issue: 6/2024

Indonesia holds significant potential for developing halal products due to its status as the country with the largest Muslim population in the world. This has driven the availability of halal products as societal awareness of consuming halal goods continues to rise. However, this potential is not fully supported by the community's capability to act as suppliers of halal products due to limited financial support. Zakat, as a source of social finance, can contribute to the growth and sustainability of the halal industry. This study employs a qualitative descriptive method by reviewing articles related to zakat and its contributions to the development of the halal industry. The results show that zakat plays various roles in contributing to the growth and sustainability of the halal industry, including in social welfare and poverty alleviation, consumer trust and confidence, investment in education and skill development, support for micro, small, and medium enterprises (MSMEs), infrastructure development, and the promotion of ethical business practices.

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Ijara Ending with Ownership (Lease) A Case Study of Jordanian Islamic Banks

Author(s): Munir Al-Hakim,Mohannad Hanna Issa,Suzan Sameer Issa,Banan Mohammad Alfalah / Language(s): English Issue: 7/2024

The study aims to analyze a comparative analysis of the pricing of the Ijara (Lease) product ending with ownership in four Islamic banks operating in Jordan, namely: Jordan Islamic Bank, Safwa Islamic Bank, Islamic International Arab Bank, and Al Rajhi Bank, where the data was collected through personal interviews with a sample of facilities staff in the four banks who have experience in dealing with the Ijara product ending with ownership, and the data was analyzed using (Excel) For each bank, the rate of return on Ijara, the stability of the return, the amount of mutual insurance, the administrative fees, the grant commission, the internal rate of return (IRR), the possibility of early repayment with deduction from the remaining returns, and the pros, cons and common factors between the four banks were compared.The study found that the Ijara product ending with ownership in Jordanian Islamic banks varies greatly in terms of terms and advantages, and although there are some positives, there is a need for more uniformity and transparency in the provision of this product, and the study recommended that customers should carefully compare different offers before choosing the right bank, negotiate with banks for better terms, and the need to be familiar with the terms of the contract before signing, and develop a financial plan Studied before requesting financing, while ensuring the ability to pay installments regularly, and recommended banks to diversify banking products and apply the fourth form of transfer of ownership (gradual lease contract) because it achieves justice for the parties to the contract and is free from Deception (Gharar) against the tenant.

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The Regulations of Sales by Model in Jordanian Law and Islamic Jurisprudence

Author(s): Ahmad Boutosh,Hashim Balas,Mohareb Ali Alsmadi / Language(s): English Issue: 7/2024

The study aimed to elucidate the legal and regulatory treatment when sold goods do not conform to the model accepted by the buyer, utilizing a descriptive-analytical and comparative approach. It was divided into two sections. The first section expounded on modelbased sales in Islamic jurisprudence, identifying various types in view of different models and the Islamic jurisprudential stance on such sales. The second section addressed model-based sales in Jordanian civil law under Articles 468 and 469. Key findings revealed the Jordanian legislator’s recognition of the model-based sale contract and formulation of regulations in the Civil Law. However, it did not cover all related provisions, leaving other matters subject to general rules. The study recommends the necessity for the Jordanian legislator to expand provisions for model-based sales in the Civil Law and include detailed regulations.

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Examining the Integration of Legal and Shariah Principles in the London Metal Exchange

Author(s): Hajed A. Alotaibi / Language(s): English Issue: 3/2024

Purpose: The Islamic banking system is recognized for its role in promoting the equal distribution of resources and its emphasis on risk management. This research paper explores the rulings of the London Metal Exchange (LME) within the framework of Islamic law. The main objective is to investigate the involvement and impact of Islamic banking in LME contracts. The study utilizes both primary data, obtained through interviews with Islamic banks and LME management, and secondary data from previous research. The findings highlight the significant role of Islamic banks in facilitating LME contracts, with Murabaha, Tawarruq, Istisna, Salam, and Kafala identified as the most commonly used instruments in the GCC regions. However, Islamic banks also face challenges, including criticism from Muslim scholars regarding certain practices. Despite these challenges, there are several opportunities for Islamic banks to contribute to the further development of the Islamic financial system. By addressing concerns, increasing awareness, and adhering to Islamic principles, Islamic banks can play a pivotal role in shaping the future of the financial industry.

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MACRO ECONOMIC POLICIES IN INDONESIA: A STUDY OF ISLAMIC ECONOMIC PERSPECTIVES

Author(s): Hendri Hermawan Adinugraha / Language(s): English Issue: 1/2022

Indonesia as a country with the largest Muslim population in the world, Indonesia has not yet been ranked the highest in various fields of Islamic economics. Therefore, this study intends to analyze fiscal and monetary policies that can be the basis for developing sharia economic policies in Indonesia. This research method uses a qualitative type with a library research approach. The results of the study found that fiscal policy in an Islamic economic review is an obligation of the state to become the rights of the people, so that fiscal policy is not only a necessity for economic improvement and increasing people’s welfare, but rather on the creation of a fair economic distribution mechanism. Monetary policy in the view of Islamic economics should be free from elements of usury and bank interest. Because in the perspective of Islamic economics, usury which includes bank interest is strictly prohibited. With this prohibition, bank interest, which in a capitalist economy becomes the main instrument of monetary management, is no longer valid. The Indonesian nation as a country with a majority Muslim population is ideally able to implement fiscal and monetary policies that are in accordance with Islamic economic principles or Sharia compliance.

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ADINUGRAHA'S PERSPECTIVE ON THE DEVELOPMENT OF COTEMPORARY SHARIA BANKING IN INDONESIA

Author(s): Fitri MUKARROMAH,Bahtiar EFFENDI / Language(s): English Issue: 1/2022

Islamic banking has a unique position compared to conventional banks, namely the permission for Islamic banks to carry out business activities that are multi-finance and trade (trading) through buying and selling contracts. But unfortunately, this uniqueness is dominantly applied in the collection of Islamic banking funds. Whereas there are other things that are more urgent, namely the khitthah of Islamic banking as a profit-sharing bank, not only in raising funds but also in financing, which is actually widely accessed and needed by the lower middle class. Islamic banking in carrying out banking operational activities is not only for business purposes, in the form of material benefits, but also pursuing happiness in the hereafter. For this reason, the authors analyze Adinugraha's thoughts on sharia banking in Indonesia, where Islamic banks in carrying out banking operational activities not only based on banking provisions in general but also based on sharia provisions. Islamic banks must obey the sharia principles that are implemented from establishment to their operations.

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NASTANAK, RAZVOJ I ULOGA EVROPSKOG VIJEĆA ZA FETVE I ISTRAŽIVANJA

Author(s): Ahmed Hatunić / Language(s): Bosnian Issue: 7/2021

Pored historijata muslimanskog prisustva u Evropi, u ovom radu rasvijetlit će se uloga Evropskog vijeća za fetve i istraživanja sa sjedištem u Dablinu, Republika Irska, kao i njegov značaj za muslimane općenito, a za muslimane evropskoga kontinenta i druge muslimanske manjine u svijetu naročito. Rad će ponuditi osnovne podatke o, kod nas manje poznatoj, akademiji šerijatskoga prava koja nastoji riješiti savremene pravne probleme muslimanskih manjina i drugih, u skladu s izvorima islama, ali i potrebama i okolnostima u kojima se one nalaze.

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IDŽTIHAD U HISTORIJI ŠERIJATSKOPRAVNOG MIŠLJENJA I OKOLNOSTIMA SAVREMENOG DOBA

Author(s): Ahmed Hatunić / Language(s): Bosnian Issue: 6/2020

Ovaj rad bavit će se idžtihadom u historiji šerijatskopravnog mišljenja i novonastalim okolnostima potrebe za pravnim rješenjima koja nisu postojala u prošlosti. Pored objašnjavanja pojma idžtihad, rad će obraditi njegove povijesne tokove, kao i mogućnost njegovog ostvarenja u današnjem vremenu i okolnostima. U ovom tekstu pokušat ćemo spojiti prošlost i sadašnjost kada je u pitanju proces idžtihada kao veoma važnog instrumenta u iznalaženju propisa u novonastalim problemima i pitanjima.

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