CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

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.

More...

TRETMAN IBADATA (OBREDOSLOVLJA) U TEORIJI CILJEVA ŠERIJATA (MAQĀṢID AL-SHARĪ‘AH)

Author(s): Mustafa Hasani / Language(s): Bosnian Issue: 19/2015

The term ʽibāda has two meanings: surrender or submission and a ritual or an act of piety. The paper points out that God has made it obligatory for believers to perform the basic rituals (daily prayers, fasting, paying zakat, and performing hajj), and that he has also set objectives and meaning for their prescription. The science of the objectives of sharīʽa starts from the premise that God revealed religion in its entirety out of compassion, for the general welfare and as something that enables people to achieve the good of this world and in the hereafter. From that standpoint, a believer should observe all the general and particular rules, including rituals. There is an ongoing debate among scholars about the special status of ʽibādāt in relation to other branches of Islamic law from the point of view of their meaning and the reasoning behind understanding their higher purpose when the text is “silent.” While all agree that in ʽibādāt, the emphasis is placed on submission and implementation, scholars disagree about how to interpret the objectives of rituals. Some take the view that it is not possible to know the objectives unless they are stated explicitly by God in Revelation, while others take the opposite view. However, human beings are creatures of reason that seek answers and ask questions with the aim of discovering the meaning and deeper senses of God’s words. For this reason, some scholars argue that interpreting the objectives is important, among other things, in the context of understanding the supernatural qualities (al-iʽjāz) of Revelation.

More...

Tuna Kaptanı Bıyıklı Ali Paşa’nın Çok Eşliliği ve Mirasının Taksimi

Author(s): Gülay Bolat / Language(s): Turkish Issue: 3/2022

This study examines the concept of polygamy in the Ottoman society with the case of Bıyıklı Ali Paşa (d. 1698?), the captain of Danube. The most important product for the family’s life is the kadi registers. The court records of Rusçuk include several court cases that give traces of Ali Paşa's family life. These entries offer information related to his profession, income, wives and children. The court cases include the appointment of guardians after his death, the practice of alimony and requests for marriage payment (mehir). This study investigates the life, family and polygamy of Ali Paşa, analyzes his estate inventory and examines disputes among his heirs during the division of his inheritance. By grounding these sources, the study covers polygamy and polygamy-related relations with its economic and socio-cultural aspects through the case of an Ottoman statesman.

More...

TÜRK HUKUK SİSTEMİNDE KONKORDATO UYGULAMASININ İSLAM HUKUKU VE EKONOMİSİ AÇISINDAN DEĞERLENDİRİLMESİ

Author(s): Ayhan Orhan,Muhammed Sami Akkuş / Language(s): Turkish Issue: 21/2021

The economic downturn, as well as political and social problems, negatively affects the lives of trade. Due to the negativities experienced, businesses that fail to meet their sales targets may become unable to meet their costs and debts, and this situation can lead to closure-bankruptcy situations. Some legal incentives and implementations aim businesses with deteriorated financial structure to survive this negative situation, continue their activities, and stay in the economy. The concordat application, which became operational again in 2018, offers opportunities such as correcting the enterprises' financial situation, paying their debts by agreeing with their creditors, deducting their debts, discounting and postponing them under the supervision and control of the judicial bodies. In this study, the practice of concordat in the Turkish Legal system, which has been changed or removed by some laws over the years, is evaluated in the context of the Islamic Legal system. In terms of the results expected from the application, it has been concluded that it is a functional application to overcome the financial bottleneck and sustain the productive position in the economy.

More...

Türkiye'de Şer'i Yönetişim: Banka İçi Danışma Komiteleri Örneği

Author(s): İsmail Bektaş,Ali Can Yenice / Language(s): Turkish Issue: 45/2022

Islamic finance has developed the Shariah governance mechanism to ensure compliance and control of IFIs with the principles of Islamic law. However, the levels of Shariah governance are different from each other due to the different legal affiliations of each country, the level of development of Islamic finance, and regime differences. International Islamic financial institutions such as Islamic Financial Services Board (IFSB) and The Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) have published standards to define the general lines of Shariah governance and have brought Shariah governance practices to a certain point, at least in principle. After the Shariah governance standards of IFSB (2009) and AAOIFI (1997), studies on Shariah governance have increased rapidly. By 2010, while there were only 18 publications on Shariah governance in the two most well-known indexes (Scopus and Web of Science), this number increased to 42 in 2015 and 159 in 2020. This academic interest shows that Shariah governance issues are followed closely. In this context, there have been some remarkable developments at the regulatory and supervisory level in terms of Shariah governance in Turkey, and the TKBB (Participation Banks Association of Turkey) Advisory Board was established in 2018, bringing one step closer to international Shariah governance practices.

More...

Tütün Kullanımına Mutedil Bir Yaklaşım: Şevkizâde Süleyman Efendi’nin Duhân Risalesi

Author(s): Şenol Saylan / Language(s): Turkish Issue: 2/2020

Shavki-zāde Suleymān Efendi, who was thought to have died in the early 18th century, is an Ottoman scholar who lived in a period when tobacco use became widespread and prohibitions were relaxed after severe prohibitions. This period corresponds to the fatwa of Shayh al-Islam Bahâî Mehmed Efendi (d. 1064/1654) regarding the permissibility of tobacco and the state's official taxation of tobacco (1688). During this period, discussions on the provision (hukm) of tobacco use continued intensely, and many treatises were written for and against. Shavki-zāde is one of the authors who wrote a treatise on the subject. He states that in discussions about the use of tobacco are used improper evidence and insulting style. He states that in order to prevent smoking and to prevent chaos, many unfounded claims have been made in these works, such as the absence of narration (nass) on the subject and neglecting judgment by analogy. He says that these discussions left people in confusion, therefore, wrote a short treatise to reveal the truth about the issue in the light of the Book (Qurʾān) and the Sunnah and the views of the mujtahids. Shavki-zāde avoids a generalist provision about tobacco and he deals with the following issues separately in the treatise: Prohibition of tobacco users from coming to the mosque; whether tobacco is one of the dirty things (habāith); the provision and bindingness of the head of state's order on tobacco; evaluation of some of the claims of those who defend the prohibition (hurmat) and permissibility (ibāha) of using tobacco; the effect of smoking tobacco on fasting. In this article, Shavki-zāde's treatise about tobacco was introduced and its content was discussed in detail, and finally, edition critical text of the treatise was included.

More...

ULOGA MEDIJATORA U SPREČAVANJU RAZVODA BRAKA – KOMPARATIVNI PRISTUP U ŠERIJATSKOM I PORODIČNOM PRAVU FBIH

Author(s): Elma Hušić / Language(s): Bosnian Issue: 13/2021

The family is the most important, elemental value space for one, and this work in its entirety is dedicated to the preservation of identity, sovereignty, values which family propagates and which, as such, determine the whole society. Every family faces with conflict situations through its development, and in this paper we initially pay attention to the causes of conflict, how to resolve it, and transgenerational transmission of negative patterns of behavior that result in triangulation, or involvement of a third person in conflict, which is most common in families. One of the best ways of out-of-court, alternative conflict resolution, ie disputes, is mediation, where the work is full of plentiful talk about its universal values, characteristics of family mediation, its goals, motives, contributions for individuals, its impact on preserving marital union, but also on community of the whole society. The main elaboration is based on the crucial problem of the topic we are dealing with - (un) completed laws and bylaws that dictate the process of applying mediation. Immediately defined legal norms are conditioning incomplete, but also unprofessional application of mediation, which makes the role of mediator become partial or superficial. Legal pluralism, secession or integration of secular and religious law, the need of Muslims for Sharia family law or aversion to it are just some of the segments that we deal with in the concluding part of the paper. This is followed by the speech of Qur'anicHadith texts which indicate the practical basis of the mediation process since the emergence of Islam. We emphasize the tendency of Muslims of Bosnia and Herzegovina to establish institutional dispute resolution through mediation and arbitration, and sharia divorce under the support of the Islamic Community, where the author, as the conclusion of this comparative analysis, expresses his innovative approach in the form of recommendations for establishing a Muslim Arbitration Council under the auspices of the Islamic Community in Bosnia and Herzegovina, and also recommendations for existing laws and bylaws modification on the mediation procedure.

More...

UMETNUTI (EL-MUDREDŽ) KIRAETI

Author(s): Dževad Šošić / Language(s): Bosnian Issue: 19/2015

Classical tafsir literature is rich with quotations about Qur’anic recitations known as shādhdh (irregular, non-canonical). In some cases these types of recitations shed light on the layers of meaning in the Qur’anic text, and in others they form the basis for advancing arguments in tafsir. Yet in other cases they are instruments for reaching a particular legal decision. The role of shādhdh recitations depends on their statuses in the methodological approaches of various scholars. The majority considers shādhdh to be the valid source for Qur’an interpretation and for deriving sharīʽa norms, regardless of whether they are considered as abrogated variants of recitation or credible hadith traditions. Some consider shādhdh to have the status of traditions of the Companions when it comes to Qur’anic exegesis, but that they cannot be a legitimate basis for arguing for any sharīʽa rule. The essence of different approaches to shādhdh recitations boils down to the question of what should be the principled stand in determining their origins or, put differently, in establishing their Qur’anness which they lost with the codification of the mushaf during the reign of caliph ʽUthmān, when they became textually “superfluous” in the absence of credible traditions (mutawāṭir). The mudraj recitations are a type of shādhdh recitations which is highly popular from the point of view of tafsir. They have credibility in terms of narration and were recorded in the private mushafs of some Companions. The article examines the questions whether these type of recitations are result of exegetical interpolations by some Companions or whether they are the cases of readings which appeared in the shadow of the “seven revealed letters of the Qur’an,” and how all this is reflected in various exegetical and juridical views.

More...

Uzor u nauci, studiranju i življenju

Author(s): Enes Karić / Language(s): Bosnian Issue: 25/2021

Besjeda kazana na dženazi rahmetli prof. dr Fikretu Karčiću. Dženaza je klanjana 17. marta 2022., iza ikindije namaza u haremu Begove džamije. Fikret Karčić je preselio na Bolji svijet 16. marta 2022.

More...