Even in the early periods of his career, Īsā b. Abān (d. 221/836) who has an important place in the Hanafi school, was initially busy with the riwaya of hadiths, and remained aloof from the ahl ...al-ray, under the influence of the ahl al-hadith. However, having met with Muḥammad b. al-Ḥasan al-Shaybanī who was one of the disciples of Abū Ḥanīfa, he decided to become a student after the answers he received from him about some hadiths. Later on, he adopted the views of the ahl al-ray and made great contributions to the systematization of the hadith the methodology. Although many works are attributed to him in the sources, none of them have survived to the present day or the existence of these works has not yet been determined. Although his views on the method of fiqh are mentioned in the method books of the Hanafi school, the most important source that comprehensively conveys them is al-Jaṣṣās’ work al-Fuṣūl. Moreover, in this book, Īsā b. Abān’s ideas regarding khabar concepts were expressed in detail. It is understood that he classified khabar in three different categories as khabar i.e report that is approved as absolutely true, absolutely false, and possibly true or possibly false khabar. It is seen that the three-categorized system of khabar issue was not only adopted by the Ḥanafī Scholar but also followed by other scholars of methodology. This tripartite division of the news was later adopted not only by Hanafi scholars of methodology, but also by other scholars; it is seen that the theory of khabar in the books of fiqh method is detailed under these headings put forward by him and the epistemological value of the khabar is discussed within this framework. It is thought that Īsā b. Abān influenced all the scholars of the methodology that came after him in the formation and maturation of the theory of khabar, which is among the main subjects of the fiqh’s methodology. Therefore, in this study, not only Īsā b. Abān’s influence on other scholars of methodology but also the dimensions of this influence will be discussed in the manner of khabar theory.
Laws, religious texts, literature books and similar works have reached today by being saved as written texts. Skilled volunteer and attendants have retained this saving activity until today. In this ...way, some of the heritage of humanity has been handed down to us. The people who work for serving this need are called as revelation clerk, recorder, clerk or different words which means the same in different languages. The starting point of this article is the attendants who are on duty to write and edit these texts in some part of the history, in other words; musawwid. We called it as one of the law document preperation experts. Since we did not come across a study that dealt with the institution of musawwid independently, we examined this subject. In this article, various activities related to the writing of official documents since the History of Islamic Law have been touched upon. Then, in the history of Ottoman jurisprudence, the duty of the musawwid, his function in the fatwa house, and his role in the writing of fatwas are analyzed. This study has also tried to demonstrate that the activity of writing fatwa is a separate profession and a field of interest that requires care. Prominent individuals who performed the duty of musawwid and some branches of service similar to musawwid from the past to the present are also included to show that the subject is constantly up to date. Despite similarities, being a musawwid is a different profession from being a clerk. In fact, in some studies that deal with the clerkship, the position of musawwid is dealt with separately. Briefly, this study tries to reveal the origins of official document preparation activities in the history of Islamic Law, some clerks who were engaged in this field in the Ottoman Empire, and some contemporary activities close to this profession.
Classical sharia systems in which the classical Sharia is formally equated with the national law exist in a very small number of today’s states. In these states, the ruler can publish and change laws ...in some legal domains, but traditional religious scholars (ulema) play a crucial role in interpreting sharia. The codification of shar-ia law was first carried out by Turkiye, followed by Egypt, Tunisia, Algeria and Iran. Today, Sharia law has a wide or limited application in many countries, and the importance of its study is historical, but also practical, especially in the field of private international law. Family and inheritance Sharia law has been applied in the Balkans for centuries, and until 1946, there were Sharia courts on the territory of Bosnia and Herzegovina. Regulations related to marital law and polygamy, inheritance law, which prescribes that a man inherits as two women, as well as regulations that equate the testimony of a man with the testimony of two women, are most often criticized. Sharia inheritance law has religious binding force when it refers to the so-called ‘mulk’ property of the testator (movables, houses, buildings, yards, gardens and some gardens in towns and villages), and in terms of determining the hereditary parts, it is characterized by exceptional mathematical precision. Since Sharia inheritance law has historically resisted changes under the influence of modern re-forms, it is interesting to learn about its principles and the content of the provisions on which it is based, as well as due to the fact that the number of immigrants in Europe has increased in recent years, and also because of the creation of an Islamic family – legal and hereditary – legal order, which, although officially unrecognized, exist in the UK as normatively effective.
This paper elaborates on how the scholars of the Hanafi School of Law theoretically considered the clear meaning of the legislative text (wāḍiḥ) and how the Hanafis categorized it. Out of the four ...categories: ẓāhir, naṣṣ, mufassar and muḥkem, this paper deals with the first two. Naming examples, the paper presents the use of these categories in the Hanafi scholars’ ijtihād and shows the results of their understanding of the issue. At the beginning of the paper, the discipline of linguistics in Uṣūlu-l-fiqh is briefly explained, and then the linguistic and terminological definition of the concepts of ẓāhir and naṣṣ in the Hanafi School of Law is presented. The use of ẓāhir and naṣṣ as well as the understanding of their indication in the Hanafi School of Law are clarified through examples. At the end, the value of the indications of ẓāhir and naṣṣ and their legal force in ijtihād are explained.
The paper presents a complex picture of Nigerian society. Of the five factors that fuel conflict in Nigeria, the paper emphasises the religious divide. Nevertheless, the religious divide is not ...observed in isolation but in the context of other factors that provoke conflicts. These factors are ethnic division and economic factors, i.e., poverty. The paper analyses the ways in which religion influences conflict and seeks to delve into the complex web of Christian and Islamic identities in Nigeria. The change in the political pattern that took place in the presidential elections in March 2023 and the process of introducing Sharia law that began in the early 2000s were identified as challenges of particular importance. Finally, the paper presents communication channels and conflict-resolution methods.
According to Islamic Law, it is possible to authorize more than one attorney for a job to perform a task. However, there are various situations and opinions about acts of attorneys independent of ...each other. When those attorneys are appointed with separate contracts, they can act separately to perform the task of the power of attorney subject. Attorneys assigned under the same contract must act together as a rule. The client can grant the attorneys permission to act independently. According to the Ḥanafīs, attorneys can act separately in situations where both attorneys’ views are not needed. Views of both attorneys are needed in cases such as divorce without in exchange for payment, contract of mandate, delivery of a grant of which itself and grantee is specific, usurped goods, return of the sold goods in void contracts and payments of client’s debts. Joint-performance of such incidents is necessary in order not to effect the result or to secure the client. Regarding attorneydom, it is performed by one attorney to avoid confusion on trial even if it is one of the situations in which views of all attorneys are required. General principles related to the subject are stated as per above in Islamic Law sources. Yet, all possibilities about separate or joint performance of power of attorneys appointed together in the same contract are not mentioned. In this article, views of Islamic schools of law will be presented on appointment of more than one attorney for a disposition and related principles within the Islamic Law are tried to be determined.
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.
The subject of general utterances (al-lafdh al-āmm) being certain or presumptive in their usage as an indication to all their members is controversial amongst the methodists. Ḥanafī methodists ...suggest that the indication of general utterances to all of their members as certain and unless they are specified with a certain evidence, they can’t be specified with a presumptive evidence. Like the ḥanafī methodists, the ẓāhirī methodists also suggest that the general utterance is certain indicant for all of its members and can be specified only with an-other evidence in the same rank. The main difference between the two groups focuses on whether al-khabar al-wāhid (single prophetic narration) is a certain or a presumptive evi-dence in terms of certitude. According to ḥanafīs, al-khabar al-wāhid is a presumptive evi-dence and unless the general utterances in Qur’ān are specified initially with another certain evidence, they can’t be specified with al-khabar al-wāhid. However, al-khabar al-wāhid is a certain evidence according to ẓāhirīs and it can specify general utterances in Qur’ān. In this study, the comparison of the views of the methodists of two schools regarding the indication of general utterances in Quran and their specification (takhsīs) with al-akhbar al-wāhid is made and their influence on Islamic Law regulations is studied afterwards. In this study, the two sect’s approaches are compared over the provision of reading al-Fatehah during prayer, the number of milk sucking to establish the kinship, the rights of women divorced with bain talaq and the execution of the death penalty in the Harem region.
The validity of the judicial notification makes the judicial decision correct and in accordance with due process and legality, and this fact shows the importance of the subject judicial ...notifications. Therefore, this study came to shed light on the procedures of Sharia courts in notifying the defendant, whose place of residence is unknown, and presenting the procedures that the judge and the record must take, where the judge bases his conviction on what he is reassured by the explanations that were presented to him from the record. In addition to dealing with the texts of the Jordanian Shari'a court procedure law on the subject of judicial notifications. Find out how the Jordanian legislator deals with the default of bailiffs and their legal responsibility. A statement of the reasons why the annotations to the minutes are not authentic. Find out how the notification is made to natural and legal persons. Statement of the right of the court of appeal to intervene in the court decision. The study concluded with the most important findings and recommendations that show that the Shari'a due process law did not deprive the judge of his discretion, but rather granted broad authority by assessing what reflects whether the notification is in accordance with due process or not. One of the most important recommendations of the study is to set special conditions for the selection of bailiffs, so as not to appoint those who do not have scientific competence.
Hidâne has been accepted as one of the rights and responsibilities of husband and wife in Islamic law. Child care and education in Islamic law, which means that this institution has been assessed in ...detail; hidâne of the child to whom or to whom it belongs, with the conditions to which it should be hidâne qualifiers, hidâne would be met and how the costs of dealing with this situation, especially those with issues such as hidâne when it will end, espacially considering the interests of the child have been discussed exhaustively. In this study, in general, the regulations related to hidâne and what are the opinions of the sects on this issue have been compared with today's law and tried to be revealed.
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