Основні принципи шаріатської економіки для економічного розвитку громади (аналіз застосування принципів шаріату в Індонезії)

Author(s): Rahadi Wasi Bintoro / Language(s): Ukrainian Issue: 153/2021

Islamic financial institutions tend to no longer apply profit and loss sharing but more to revenue sharing. On the other hand, the Sharia economy aims to empower people to fulfill human needs based on Islamic values to achieve happiness in the world and end. Therefore, the focus of this paper is the application of Sharia principles in the sharia economy. The research method to answer the legal issue is normative legal research that is analyzed qualitatively. Sharia financial institutions are still unable to escape from their existence as business institutions for the main purpose of profiting. This is certainly far from the spirit of empowerment of people in the sharia economy. Islamic financial institutions should not be separated from the core of the sharia economy, namely the empowerment of people. Therefore, Sharia financial institutions must utilize social corporate responsibility to achieve the objectives of community empowerment

Napomene o susretu muslimanske i normanske pravne tradicije na Siciliji od XI do XII stoljeća

Author(s): Husein Kavazović / Language(s): Bosnian Issue: 24/2020

This paper testifies to the meeting of two different legal traditions in the Mediterranean region during the 11th and the 12th century. Their meeting had wider implications for the revival of jurisprudence in European countries, especially in Sicily, in Italian cities and on the British Isles. The meeting of different legal systems in a certain area creates the possibility of borrowing from one normative culture to another. The encounter of Sharia, Byzantine and Norman law in Sicily, in the early Middle Ages, is an interesting phenomenon to be studied within the frames of comparative legal history, which is the subject of this paper as well. In this paper, the historical and comparative-legal methods have been used in order to point out the historical context and shed light on possible channels of encounter and influence. We have shown in our paper that the new state power established in the new territory it occupied almost as a rule incorporates into its legal system the legal tradition that previously existed in the area and generally maintains such a state until it acquires the ability to completely or partially replace it with a new legal tradition, more suitable for fulfilling its political goals. Such was the case with Sharia law in Sicily, in encounter with Norman law after the Norman conquest of this island.

Ciljevi šerijata: pregled savremene literature na engleskome jeziku

Author(s): Nedim Begović / Language(s): Bosnian Issue: 24/2020

In the second half of the 20th and the beginning of the 21st century, there was a strong revival of interest in studying the higher objectives of Sharia (maqasid al-Shariah), both in the Muslim world and in the West. Researchers in this field have identified two basic functions of dealing with maqasid, namely: understanding the Islamic legal heritage and formulating new legal solutions and theories. Some modern Muslim authors have pointed to the role that maqasid may play in restoring the methodology of Islamic law. This paper will offer a panoramic survey of contemporary literature in English language that addresses various aspects of the higher intents of Shariah.

O ulozi svršenika VIŠT-a na polju orijentalne filologije u BiH

Author(s): Zehra Alispahić / Language(s): Bosnian Issue: 24/2020

The paper seeks to draw attention to the scientific and linguistic potentials of the Sharia Judicial School and the Higher Islamic Sharia Theological School graduates, which represented the spiritual and intellectual elite throughout Bosnia and Herzegovina. Having in mind the curricula and the fields they studied during their four-year study, but also the special attention paid to the study of the Arabic language at these institutions and the competencies they acquired in that field, a significant number of graduates of these Islamic higher education institutions were the backbone in the establishment and successful scientific and educational results of the Department of Oriental Studies of the Faculty of Philosophy in Sarajevo and the Oriental Institute in Sarajevo as well as in terms of launching and scientific valorization of the journal Contributions to Oriental Philology of the Oriental Institute in Sarajevo. This paper seeks to draw due attention to the graduates of these two schools and their key role in the establishment of these institutions in the context of their scientific and research work.

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.

ISKRICE IZ KORESPONDENCIJE DVOJICE PROFESORA, TAJJIBA OKIĆA I HAFIZA OMERA MUŠIĆA

Author(s): Omer Nakičević / Language(s): Bosnian Issue: 14/2010

Šekib Arslan, a journalist and a thinker, on the occasion of his visit to Mekteb-i nuvab on August 22nd 1932, gave a statement that this institution was perfect in both aspects: architectural appearance and applied teaching methods, which was published in a Commemorative Volume of Mekteb-i nuvab. This statement is confirmed by the number of the subjects studied at the school as well as by the numerous of graduates with the title of Sharia judge. Among 47 generation of students who studied at this institution, there are also a number of distinguished researchers of Bosniak cultural and religious inheritance. It is important to point put that generation of alumni stayed related during their lifetime. Correspondence between the two professors Muhamed Okić and Hfz. Omer Mušić, once again confirms that, and the wealth of themes and contents of this correspondence is the subject of this paper.

İstisnâ‘ Akdi ve Modern Dönem İslâmî Finans Uygulamalarındaki Yeri

Author(s): Yunus Araz / Language(s): Turkish Issue: 54/2020

İstisnâ‘ contract is a type of contract which is widely found in classical fiqh works and widely used among people since the period of the Prophet. With the development of fiqh, a wide knowledge has accumulated around this contract. There have been changes in the way the contract is applied and in its conditions based on the needs. It is seen that, particularly with the Majalla al-Ahkâm which is adopted in the late periods of Ottoman Empire, the contract is widened and a preference is made among the case law depending on the needs of time. Today, in parallel with the development of Islamic finance, new financial techniques are under development. In this context, istisnâ' contract, which is a classical contract, has started to be popular in the field of Islamic finance due to the special situations it contains and is used in various applications. Whereas the İstisnâ‘ contract is a type of contract that people needed in societies where agriculture-based economic structure was prevalent, though not at the level of selem contract, it is a contract needed more in today's world where industry and engineering are dominant. For this, it is necessary that the contract is a subject of difference issues and used actively in the formation of new products in the field of finance. In this study, the account of istisnâ‘ contract as handled in the fiqh works will be analysed and the jurisprudence dimension of current practices will be tried to be studied within this framework.

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.

Bej‘at el-imam: ugovor o postavljenju poglavara islamske države

Author(s): Fethi Osman / Language(s): Bosnian Issue: 1/2015

Katherine Bullock, Odijevanje muslimanki: od stereotipa do prava na izbor

Author(s): Džermana Šeta / Language(s): Bosnian Issue: 1/2015

Review of: Katherine Bullock, Odijevanje muslimanki: od stereotipa do prava na izbor, Sarajevo: Centar za edukaciju i istraživanje „Nahla“ i Centar za napredne studije, 2013

О ФОРМАХ ПРАВОСОЗНАНИЯ: ПРИМЕР ОДНОГО АНАЛИЗА

Author(s): Sergey Shevtsov / Language(s): Russian Issue: 1/2021

The article raises the question of the possibility of reconstructing the legal consciousness of one culture and era in the categories and concepts of another. The subject of analysis is the plot of a medieval fairy tale from the collection Arabian Nights. Most European researchers of modern Europe perceive the plot of this story as a demonstration of the blatant injustice and corruption that reigned in Egypt during the Mamluk sultanate. At the same time this story appears completely different when correlated with the principles and norms of Muslim law. It tells how divine wisdom guides the people’s actions without them knowing, establishing order and justice in society. Fairy tales reveal the relationship between the upper world and the earth one, testify to the divine care for the daily life of people.

The mediating effect of proactive knowledge sharing among transformational leadership, cohesion, and learning goal orientation on employee performance

Author(s): Layaman Layaman,Pahlawansjah Harahap,Indi Djastuti,Aan Jaelani,Diana Djuwita / Language(s): English Issue: 2/2021

The background of this study is based on the controversial relationship between transformational leadership and employee performance. Empirical and theoretical models resolve the controversy by building a new concept based on proactive knowledge sharing. The study established the influence of transformational leadership, cohesion and learning goal orientation on proactive knowledge sharing and employee performance. A total of 7 hypotheses were developed to solve the study problem, while purposive sampling was used in data collection. The respondents consisted of 6 employees of Sharia Banking in Indonesia. The SEM results indicate that five hypotheses were significant, while 2 were insignificant. Furthermore, proactive knowledge sharing strongly mediates the relationship between the studied variables. These results confirm the withdrawal of the new concept in improving employee performance.

Hanefî Usul Düşüncesinin Temellendirilmesinde Sahâbe Uygulamasının Rolü: Serahsî Örneği

Author(s): Ahmet Numan Ünver / Language(s): Turkish Issue: 3/2021

Along with the legal opinions, the juristic proofs presented to underpin these legal opinions also occupy an important place in uṣūl al-fiqh. Thus, scholars of uṣūl al-fiqh strived to propound the proofs indicating the relevant theoretical principles in an apparent and definite way. As a result, the disputed and undisputed proofs ranked among al-adilla al-shar‘iyya have been abundantly addressed in the classical uṣūl al-fiqh works. However, although it is not mentioned as a part of legal sources in the uṣul literature, there has been another proof subjected to legal reasoning (istidlāl): the practice of the companions. In this study, “the practices of the companions” is used in the contextual meaing of the verbal and practical positions of the entire companions or some of them on a specific topic of uṣūl al-fiqh. By this definition, the concept of the practice of the companions is separated from the concepts of qawl alṣaḥābī, ʿamal ahl al-Madīnah and the ijmāʿ al-ṣaḥābah. As a matter of fact, the concept of qawl al-ṣaḥābī signifies an opinion narrated from a single companion and neither supported nor opposed by other companions, and subjected to use of legal inference for obtaining practical legal rulings. In return, the concept of the practice of the companions signifies the position that the companions hold on a topic of uṣūl al-fiqh and does not stipulate the conditions that it must be an opinion of a single companion and be neither supported nor opposed by other companions. In addition, as being related to the legal theoretical issues and not restricted to a certain region, the concept of the practice of the companions is distinct from the ‘amal ahl al-Madīnah. Likewise, it also differed from the ijmāʿ al-ṣaḥābah because the latter concept indicates the consensus of all companions on a practical legal ruling whereas the practice of the companions amounts to both the consensus of the companions and their individual opinions on the matters of uṣūl al-fiqh. Having said that, the concept of the practice of the companions has some overlaps with the qawl al-ṣaḥābī and ijmāʿ al-ṣaḥābah. It is observed in the Hanafi tradition of uṣūl al-fiqh that the practices of the companions are presented as a proof of many principles of uṣūl al-fiqh. This is because of the fact that the companions have a significant role as being the first practitioners of the revelation and the leading figures of the tradition of fiqh. Due to these significant roles of the companions, a central position is given to their interpretation method of the divine text and the technique of issuing legal opinions in determination of theoretical principles. In this study, I examine the impact of the practices of the companions on the Hanafi legal theory focusing on the work of al-Sarakhsī (d. 483/1090), al-Uṣūl, and try to identify how Hanafi legal theory was grounded, departing from, overall or particular, companions’ practices. This study consists of two main parts. First, I provide the conceptual framework by analyzing the concepts of the companion and the companions’ practice. Second, I discussed the theoretical issues rested evidentially on the companions’ practice. Hence, this study excludes the instances of qawl al-ṣaḥābī, ijmāʿ al-ṣaḥābah and the companions’ practice if they are not resorted in proving the uṣūl al-fiqh principles. This work deals with issues on which theoretical principles grounded in reference to the practice of the companions under the headings; Kitāb, Sunnah, qıyās, naskh and alfāz. When instances of the companions’ practice are in abundance in a case, I just focus on the highly representative ones and shortly refer to the others. In the conclusion part, I provide the consequences achieved by this research and some final remarks on the topic.

عقود الصرف اآلجلة وعقود مبادلة العمالت )Swap - Forward )وبدائلها الشرعية

Author(s): Zeynelabidin Hayat / Language(s): Arabic Issue: 3/2021

The paper deals with Forward exchange contracts and Swap exchange contracts, These two types of contracts are among the most prominent types of financial derivative contracts that arose after the collapse of the Bretton Woods system in 1971 or the so-called Nixon shock, where the convertibility of the dollar into gold was stoped, which led to turmoil in the exchange rates of the currencies of many countries and the emergence of the need to stabilize the exchange rate Currencies in transactions where the delivery of the two exchanges is delayed. This research has studied forward exchange contracts and swap exchange contracts in four sections. The first section defines the Forward exchange contract, which is a contract in which the two parties commit to exchange a specified amount of foreign currencies on a forward date, at a price agreed upon in advance. The elements and elements that must be mentioned in this contract, such as the seller and buyer, the size of the contract, the date of delivery and the forward exchange rate, were mentioned in this section, with an illustrative example of the mechanism of conducting this contract. In addition to addressing the differences between forward exchange contracts and future exchange contracts, the characteristics of forward exchange contracts and the purposes of those dealing with them from hedging and speculation are mentioned in this section. The second section has been devoted to the definition of swap exchange contracts, it is for the two parties to the contract to agree that one of them buys from the other a specific amount of a currency in exchange for a specific amount of another currency and at the current exchange rate, provided that the two exchanges are delivered immediately, and in the same contract, the two parties agree to make a forward reverse exchange contract, at a price determined within Contract, and to clarify the picture of swap exchange contracts, an example has been given to illustrate the mechanism for conducting this type of contract. In the third section, the views of contemporaries scholars regarding the İslamic law of the forward exchange contract were discussed, where the opinion of the objectors was mentioned at all and the evidence they inferred from it. And then the opinion of those who advocate the permissibility of forward exchange contracts that are in the form of a dating that is not binding on both parties together, provided that there is nothing in the dating that indicates that it is a contract of sale and provided that a new contract is delivered independent of the dating. Then I discussed the opinion and evidence of the impediments in four points, and I concluded that the most correct opinion at the first is the impermissibility of the forward exchange contract in the form such as the traditional banks do it because of the deception it contains. But I recanted and permitted this type of contract in two cases, the first: the case of need with the absence of an alternative, and the second: the case that transaction is not binding dating for both parties and on some terms. Some contemporary scholars suggested conducting buying and selling operations in the same currency as an alternative to forward exchange contracts, and some of them suggested that Islamic banks should have a common unit of account to settle accounts between the parties to commercial transactions. But in my opinion two solutions are often not feasible. As for the fourth section, I dealt with the opinions of contemporary scholars in the swap exchange contract. it seems likely to me that swap currency exchange contracts are nothing but a usurious loan that is prohibited by Sharia. Because when examining the mechanism of conducting this type of contract, it turns out that one of the parties lent the other an amount in one currency in exchange for the other lending him an amount in another currency under the name of the spot exchange contract. Since one of the two parties requires the other to increase what he lent - if the exchange rate of the Forward exchange contract is different from the Spot exchange rate, which is predominant - under the name of the Forward exchange contract, then this process is nothing but a usurious loan. I supported the proposal to exchange loans in different currencies as a İslamic alternative to transaction contracts, provided that there is no preference for one party over another, and there is no usurious increase. And in order to solve the problem of the high rate of currency inflation of one of the two loans more than the other, the researcher suggested adding the inflation rate to the two loans when they are performed.

Zarûretin Bazı Haramları İbâhasının Keyfiyeti ve Nihâî Sebepleri

Author(s): Ayşegül Yilmaz / Language(s): Turkish Issue: 3/2021

One of the most important issues in Islamic law is that either partially or completely, or temporary or permanently, a rule can be changed for a particular group of people or everyone. Since the concept of necessity can lead to a change of an important rule like ḥarām/prohibition, this concept should be examined meticulously both in theory and in practice. The thşs study aims to analyze how and why necessities make some ḥarāms permissible and to reveal the ultimate cause for this ibāḥa (permission) from the point of view of Islamic legal theory and philosophy. To achieve this aim, first, the nature of the relationship between the prohibition and the act is examined. To understand how and why necessity gives permission to some ḥarāms, it is necessary to determine the changing and unchanging elements in the case at issue. In the case of necessity, there is no change in the nature of the act and the evil, which is considered as the reason of banning. Indeed, there is a change in the conditions surrounding the act and in the state of the obligated person. However, the main factor that enables the change in ḥarām is the change in the addressing of Shāri‘, who takes into account the changes mentioned. It is seen that the changes stemming from necessity do not lead to the same results as in all permitted ḥarāms. This observation requires a thourgh examination and elaboration on what the scholars of legal theory mean by abolition of prohibition and turning it into permissible. As a result, it has been observed that permitted ḥarāms do not equally function in terms of turning into permissible and that they do not have an equal effect on other acts in the field of mubāḥ. In that case, it is possible to evaluate the permitted ḥarām acts as al-maʻfuw ʻanh/forgiven acts. Although the act could be considered part of the category of mubāḥ, it would be more correct to place them close to the line of makrūh. From the point of view of the servant, the reason why necessity makes a ḥarām act permissible is the priority of avoiding greater evil. However, to reveal His sincere servants, Allah's command to them to avoid all ḥarāms even if they die, does not contradict with His wisdom. For this reason, the ultimate cause why Allah considers the case of necessity in passing judgment is His endless mercy. All these points helped reaching some broader conclusions about legal theory, as well as some conclusions specific to the case of necessity. It turns out that to understand how necessity makes some ḥarāms permissible, one needs to comprehend the relation between the act, the obligated person, the conditions surrounding them and the Shari‘ correctly. Understanding this relationship well is also extremely important to understand the theory of ruling and the Islamic legal theory. This research has substantiated once again that the issues addressed by the Islamic legal theory and practice are linked to the theological doctrines, more than, it is commonly perceived or considered. It turns out that it is important to know the deep or subtle differences between the terms such as ḥarām-ḥalāl, maḥẓūr-ḥarām, mubāḥḥalāl, fundamental mubāḥ-ma‘fuw ‘anh, etc. as well as grasping each of the rule categories. Comprehending all these concepts constitutes an important step in acquiring a true understanding of religion and the maqāṣid al-sharī‘a. In this research, it has been proven once again that each category of the rule includes different levels of ruling in itself. The reason why the acts are categorized in different levels even if they are in the same rule category is the concepts of worldly and otherworldly; evil or good arising from the the ḥarām act. This study also confirmed that the obligated person is at the center of the law. This fact reveals how difficult it is to argue that the rules of Allah are based on divine will that is independent of and disregards the act, obligated person, and conditions. On the contrary, it is understood that the interests of the servant are considered both in the rules of necessity and in the whole of the divine legislation (and even the genesis). On the other hand, this indicates a legal system that is not inflexible and dull, but rather dynamic and parallel to life. Both the fact that the real and absolute source of the rule is Shāri‘ Almighty,and that a very large area of legislative was left to the mujtahid should be considered together. This truth has been observed once again in the matter of making prohibitions permissible on the basis of necessity, and the task of determining which evil is greater was often left to the mujtahid’s consideration.

Zeydî Fukahânın Tasnifi: Bülûġu’l-ereb ve künûzü’ẕ-ẕeheb fî-maʿrifeti’l-meẕheb Adlı Eser Çerçevesinde Bir İnceleme

Author(s): Eren Gündüz / Language(s): Turkish Issue: 3/2021

In this study, the classification of Zaydī fuqahā’ that emerged in the mutaaḫḫirūn period of Zaydī fiqh and related terms are examined. The book named Bulūgh al-arab wakunūz al-dhahab fī-maʿrifat al-madhhab, which has great importance among the studies aiming to present the Zaydī fiqh accumulation as a uniform doctrinal structure was taken as a basis in the processing of the subject. After an introduction in which Zaydī fiqh studies are evaluated in their relationship with the subject, the issue is addressed under three main headings. In the first title, the author and his work are introduced, and in the second and third titles, the methods and terms used in the classification of the Zaydī fukahâ are examined. The author of the work is ʿAlī b. ʿAbd Allāh al-Shaharī (d. 1190/1776) who lived during the period of the Qāsimī dynasty (al-dawla al-Qāsimiyya) in Yemen. The most important characteristic of this work, which was prepared by using many important sources in the Zaydī literature, is that it was the most comprehensive study written on madhhab doctrine until then. The first part of the work explains that the right madhhab to be followed is Zaydiyya. In the second part, the classes of the Zaydī fuqahā’, which is the subject of our study, are explained. The fuqahā’ classes are primarily divided into two parts: al-salaf al-ṣāliḥīn and al-ḫalaf al-ṣāliḥīn. The first dates back to the beginning of the 3rd/10th century. This class is divided into two parts, as al-sābiqūn and al-mutaaḫḫirūn. The sābiqūn starts with ʿAlī b. Abī Ṭālib and his two sons al-Ḥasan, and Ḥusayn, and ends with the sons of twelve imams who are their descendants. Zayd b. ʿAlī (d. 122/740) is one of the twelve imams. The most important of the faqīhs in the part of mutaaḫḫirūn, which started with al-Qāsim b. Ibrāhīm al-Rassī (d. 246/860), are the six imams called ahl-al-nuṣūṣ or aʾimma al-nuṣūṣ. The reason why they are named as such is that their words were taken as a basis in determining the views of the sect on the field of uṣūl and furūʿ l-fiqh. al-Qāsim al-Rassī is at a point where all the knowledge of the Prophet's family and the principles agreed upon by sābiqūn, reach him through many channels. al-Hādī Yaḥyā b. al-Ḥusayn (d. 298/911), grandson of al-Qāsim, is the most important imam in terms of his position in the madhhab. The ḫalaf al-ṣāliḥīn is also divided into two parts as ahl l-taḥṣīl and ahl l-naẓar. The first part also referred to as muḥaṣṣilūn or aʾimma al-taḥṣīl, has no subcategories. The second part is divided into two sub-sections as ahl l-taqrīr and mudhākirūn. The muḥaṣṣilūn class starts with those who catch up with the last class of ahl al-nuṣūṣ and ends with ʿAbd Allāh b. Ḥamza (d. 614/1217), one of the three important imams. Two other important imams of muḥaṣṣilūn are Aḥmad b. al-Huṣayn (d. 411/1020) and his brother Yahyā b. al-Husayn (d. 424/1032). It is the fiqh activity of the jurists of this class, called taḥṣīl lmadhhab, that brought Zaydī fiqh, which was fiqh of imams (madhāhib l-aʾimma) in its first period, into a single madhhab and to its classical form in the last period. Mudhākirūn jurists lived at the same time as the ahl-t-taqrīr. This period is about 700 years from the beginning of the 6th/12th century, which is the last century of the muḥaṣṣilūn class, to the end of the 12th/18th century, when Shaharī lived. The roles of the ahl al-taqrīr in the madhhab mostly consist of reviewing the works of the ahl-l tahṣīl, approving the correct ones, and correcting the wrong ones. That's why they are so named. The author of Kitāb l-Azhār, Aḥmad b. Yaḥyā l-Murtaḍā (d. 840/1437), is one of the prominent jurists among the ahl l-taqrīr. The majority of Zaydi fuqahā’ belongs to the muẕākirūn class. These are the lowest class of the ahl-al-naẓar. As an important result reached in the study, it is possible to state the following: There is a difference between some of the knowledge and opinions in modern Zaydī studies, which include the same subject as Shaharī's work, in terms of the classification of Zaydī fuqahā’ and the terms used. Therefore, the findings and conclusions based on this work should be confirmed by new studies on other Zaydī classics, and existing opinions on Zaydī jurisprudence should be reviewed.

KRIPTOVALUTE U PRIZMI ISLAMSKOG PRAVA

Author(s): Hakija Kanurić / Language(s): Bosnian Issue: 13/2021

Throughout a long history of the human community, money has taken various forms, and cryptocurrencies are its latest form. The aim of this paper is to present cryptocurrencies and how they function, what are their advantages and disadvantages and how Islamic law treats them. To understand the essence of cryptocurrencies, it is necessary to understand several key terms, such as blockchain, private keys, electronic wallets, mining, etc. One part of Islamic scholars share the view that money is the exclusive name for gold and silver. Coins of any metals different than gold and silver, whose nominal value is higher than the real value, they are not considered as money and treated them as commodities. The other part of the scholars call the money everything that is used as a means of payment in the exchange of goods, whether it is about gold, silver, copper, paper or anything else if it is generally accepted as a means of payment. Islamic scholars are unanimous in the attitude that minting money, outside of a legitimate mint, is prohibited if it represents actual and real harm to the community, and when the damage is possible but not real, regarding the issuance and printing of money by others outside the government, Islamic scholars have two conflicting opinions. Most modern scholars take a stand that cryptocurrencies, such as Bitcoin, are banned, but a significant proportion of them have remained reticent and a smaller proportion of scholars consider cryptocurrencies as allowed, under certain conditions. The main arguments of the prohibition are the fact that cryptocurrencies are not released or regulated by the state, shrouded in secrecy, they promote illegal activities and the black market, they are unstable and dealing with them looks like hazard and gambling. The permission of cryptocurrencies is based on the universal rule that every thing, basically, is allowed until a valid argument confirms the opposite, and the fact that cryptocurrencies have become valuable property and perform the functions of money.

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.

Ücret İle Tazminat Sorumluluğu Birlikteliği

Author(s): Abdurrahman Akman / Language(s): Turkish Issue: 1/2022

The aim of the article is to reveal the nature and importance of wage and compensation in legal responsibility and to discuss the possibility of these two basic tools together in the light of different views of the mad̲h̲habs. In addition, the article deals with the functions of these two basic concepts within the scope of Islamic responsibility law. There are two main sources of compensation liability in Islamic Law of Obligations. These are; breach of contract and act of injustice. Harming someone else is prohibited by any of these means. In cases where people cause harm to others in social life, the legal order tries to compensate for the damage in question. It is not a legal way to harm the other party for the remedy of the damage. The method of remedying the damage and what kind of economic values it will cover have been the subject of discussion in the doctrine. Are there other obligations at the same time as the liability for compensation? In this regard, Article 86 of Med̲jelle ̲ -yi Aḥkām-i ̊ʿAdliyye regulates that compensation liability and wage cannot go together in accordance with the Ḥanafī mad̲h̲hab. It is important to deal with the scope and exceptions of this rule and the transformation it has undergone in the history of Islamic law with a comparative method and to establish its connection with the present. The rule that wages and indemnity liability cannot go together finds more application in contracts where the performance of one of the parties is a rent wage. Goods and service contracts come to the fore within the scope of contracts requiring this. Such contracts are generally considered within the scope of rent contracts. The obligations of the parties in those contracts are to leave the use of a commodity to the other party of the contract and that party undertakes to pay a certain usage fee accordingly. Both parties have mutual debts and obligations. A house, an animal, an item may be rented. In labor rent called service contracts, the worker (ecīr) and the employer agree on the work to be done. In case the source of the liability is different, for example when there is a difference in the reason and subject, liabilities can be combined to some extent. In the Ḥanafī school, the point of view of usage benefit lies on the basis of the incompatibility of wage and compensation responsibility. There are some theoretical reasons for this in the Ḥanafī mad̲h̲hab. There is a general agreement on compensation for contractual or tortious damages. In order for a damaged property to be subject to compensation, it must be a property that has legal value and tangible assets. Damage to property can be defined as a decrease or deterioration in the value of something. Anyone who claims to have suffered damage should base their claim for compensation on these grounds. What is meant by compensation is to eliminate the actual damage suffered. Equivalence is one of the issues underlined in compensation for damage. One of the most basic principles of Islamic compensation law is to return to the situation before the damage occurred, as much as possible. The main thing in remedies is not punishment, but compensation for the damage suffered. The basis of the breach of debt is the non-payment or late payment of the debt or defective performance. In case of existence of such situations that prevent the performance of the debt, the actual damage must be compensated. Therefore, claims for loss of profits are not included in the compensation. As for the compensation for the damage arising from the tortious act, while Med̲jelle did not seek ̲ intent in the compensation of the damage to acting directly, it observed the existence of this in case of causing damage (arts. 92 and 93). In legal liability, it is aimed to compensate the fungible (mis̱lī) or nonfungible (ḳıyemī) of the thing damaged due to tortious act. Compensation with fungible is the type to be preferred with priority in remedying the damage. However, the issue of whether usage benefits (menāfiʿ) are also eligible for compensation is controverted issue among Islamic jurists. The Ḥanafī school believes that the benefits don’t comply with these conditions. But, other mad̲h̲habs have opposing views to the The Ḥanafī sect on this issue. Others have accepted the benefit of the usurped property as legal property and have approached positively to the subject of compensation. The basis of this difference lies in whether usage benefit is legally accepted as property. However, in the later periods, some exceptions were made to the first view within the Ḥanafī school. These are; foundation and orphan and commercial properties. It is accepted that loss of benefit in these matters is subject to compensation. In addition, in the Med̲jelle amendments, benefits are accepted as property ̲ that has legal value, and it has been accepted that loss of benefit in cases of tortious act and breach of contract may be the subject of compensation in accordance with fairness in our opinion.

Human Rights of Minorities in Islam: From the Perspective of Iraq

Author(s): A.H.M. Ershad Uddin / Language(s): English Issue: 57/2022

This article examines the human rights of minorities (huquq al-aqalliyyah) in the context of the Iraqi region. In the first part of the study, the general course of Iraqi political history, including Saddam's tenure, is discussed. After an overview of the historical and political conditions of minorities in Iraq, the political discrimination against Shiite and Kurdish groups, especially during the Saddam era, and the unofficial political oppression of Shiites on Sunnis, the dominant political element in post-Saddam Iraq, against Sunni and other minorities, are compared. The research also focuses on the ethnoreligious political mobilization developed by societies against this discrimination. In addition, our article explores the current situation and rights of minorities in Iraq and the reasons for their migration from Iraq. In addition, this study points out the difficulties of minority law in Iraqi practice as it is used in "Western" states and discusses the reasons for this. Because this unofficial repression against Sunnis and Kurds paved the way for the emergence of a fanatical Sunni group called ISIS in Iraq, they described non-Muslim minorities as "dhimmis" using Islamic terminology, thus trying to legitimize their murders. From this point of view, the article aims to analyze the political discrimination applied by the Iraqi state and the murders committed by ISIS in the name of Islam from the perspective of contemporary Islamic law.