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Âhirete Ait Ödül ve Cezaların Kur’ân’da İsim ve Fiil Cümlesiyle İfade Edilmesi

Author(s): Bekir Yıldırım,Bekir Yıldırım / Language(s): Turkish Issue: 46/2022

While conveying the messages to the addressee in the Qur’an, the statement always contain the most appropriate material and the intended meaning has been chosen. One of these subtleties is said the rewards and punishments for the hereafter in some verses with verb sentence; in some of them it is laid out in the form of a noun sentence. It is seen that these types of sentences also differ within themselves. The verbs of the verb sentence come in the form of past (al-mādī), present (al-mudāriʿ), and command and suffixed with “س/سَوْفَ” (prefix sa- / the particle sawfa) expressing the future. In Arabic, the past verb usually refers to the past tense, but sometimes it also includes the future meaning. This situation is seen in sentences with construction (insha) and demand, sentences with conditional prepositions and al-waʿd wa ’l-waʿīd (the promise and the threat ) expressions. In fact, the expression of the al-waʿd wa ’l-waʿīd with the past are meant to point to the certainty of the occurrence of an event that will take place in the future. If the context in the verses aims to convey to the addressee that the reward and punishment will be given, the verb past is used. Mudāriʿ verb is an action that refers to the present and future tense. Mudāriʿ, when used with an adverb that points to the future, or when prefix sa- or the particle sawfa (س/سَوْفَ) appear, denotes the future. Also, mudāriʿverbs that include condition, nasb prepositions, and al-waʿd wa’l-waʿīd contain the future tense meaning. In the verses, it is seen that this tense is used to express that renewing the reward and punishment and to make the addressee feel as if he/she is experiencing the event. The prefix sa- or the particle sawfa “س/سَوْفَ” express the future tense as well as the reinforce (te’kîd) meaning. al-Waʿd wa’l-waʿīd indicates that the action will be certain. In the verses where rewards and punishments for the hereafter are mentioned if the appeal is directly in the form of al-waʿd wa ’l-waʿīd the verbs are used in the structure expressing the future with prefix sa- or the particle sawfa (س/سَوْفَ). Command is a request from the interlocutor to do something. According to rhetoric scholars, the command actually expresses a demand, but sometimes it is not used in this way. Contains meanings such as exaltation, humiliation, and command. In which sense it is used can be understood from the environment and situation in which the sentence is said. Explaining the rewards and punishments for the hereafter with the command, emphasizing the honor and hospitality in the reward and insulting and threatening in the punishment. It is also intended to make the address more vivid. The verb of the noun sentences consist of predicate as noun, “ism al-fāʿil” (agent), verb and sibh (phrase) sentence. In addition, some noun sentences come with te’kid prepositions. This diversity in sentences also affects the meaning. Statement, noun sentence and predicate are mentioned by name to show that reward and punishment are always constant because the noun contains constancy in meaning. If the purpose of the statement is to reveal the variability of the news, instead of the stability then the verb sentence or predicate is a verb. In terms of meaning, the “ism al-fāʿil” indicates the past, present and future, as well as the continuity of something in some cases. In the verses that include reward and punishment for the hereafter, ism-i fâil includes the meaning of stability, multiplicity and future. Since the situation of the addressee varies in the matter of the transmitted information, the necessity of using the preposition te’kîd in speech has increased. The most famous methods used in te’kid the word is through some letters and prepositions. If the addressee is not knowledgeable about the subject and does not hesitate, there is no need for te’kîd, but if he is hesitant about the information given, it would be better to strengthen it by using te'kîd. It is also seen that these rules are sometimes not used in speech. In rhetoric books, this situation is called “the word being against the outward situation”. Sometimes, a person who has no doubt about the news is evaluated as hesitant or as a denier are regarded. Even sometimes he is recognized as a believer. If there are denialist types in the manner of the verses, it is notable that the news is reported by using te’kîd prepositions; If the address is intended for all people, in other words, if it covers both deniers and believers, then both sides are accepted as believers and the preposition te’kîd is not used. In this study the following questions are answered: Why are rewards and punishments for the hereafter expressed by stressing with noun or verb sentences? What kind of effect do the different usages of the verb and noun sentence have on the meaning?

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Edeb – zajednički imenitelj za samopoštovanje i poštovanje drugoga

Author(s): Meho Šljivo / Language(s): Bosnian Issue: 88/2021

This text thematises multidimensional semantics of the term adab, found in constitutive sources of Islam. Most commonly it signifies upbringing in general, whereas in a particular sense it refers to good manners, appropriateness and courtesy towards the others. It corresponds to practical and applied ethics of Islam which spurs from sincere faith and one’s endeavours in attempt of cleansing one’s heart, as the locus of faith and knowledge, of everything that stands in the way of man in his pursuit of knowing his Lord. Adab assists in ripening of an individual to his full potential, it gives directions towards self-realisation and towards respecting the other. Adab is an upbringing strategy and its aim is to teach people that spirituality is essentially a common good and cannot be transferred into private good.

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Sura El-Inširāh: Otvaranje prsa

Author(s): Almir Fatić / Language(s): Bosnian Issue: 88/2021

Sura Al-Inshirāh or Sura Ash-Sharh is the 94th surah of the Qur’an. It was revealed in Mecca as the 12th surah in chronological order of the revelation. It followed immediately after the revelation of the surah Ad-Duhā, and it seems to be contextually complementing it. Just like the surah Ad-Duhā, surah Al-Inshirāh is primarily directly addressing the Messenger Muhammad s.w.s., and then all his followers. The central theme of the surah elevates the status of Muhammad s.w.s. giving him a spiritual and psychological consolation and encouragement. Revelation was a big burden placed on his chest bringing a tremendous change to his life. He became a beholder of vast Knowledge which no other human mind could comprehend. At the very initial stage of inviting people to Islam he faced many challenges: the society that until then appreciated and respected him turned now to be very hostile. This initial stage of prophet-hood must have had a very discouraging, disturbing effect on him. However, the task entrusted upon him required an outstanding emotional stability and extreme psychological endurance. Such was his state when surahs Ad-Duhā and Al-Inshirāh were revealed to him, as consolation, comfort, support and encouragement which he needed at the moment in order to continue the mission, but at the same time it discloses the distinctive, elevated place that he was granted by the Almighty Allah.

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Kazivanje o Zekeriji (Zahariji) prema Kur’anu i Novom zavjetu

Author(s): Dževad Gološ / Language(s): Bosnian Issue: 88/2021

Zakariya (Zechariah (a.s.)), father of Yahya (Jhon (a.s.)), according to the Islamic teachings is one of the messengers sent to Israelites (Bani Israel). He is mentioned in the texts of the Qur’an and the New Testament. In both the texts he has a very significant role in relation of Isa (Jesus (a.s.)). That significance in the Qur’an is reflected in his guardianship of Maryam (Marry (r.a.)), mother of Jesus (a.s.), as well as in the miracles given to him. Supernatural provision of food to Maryam (r.a.) and a son Yahya (a.s.) in the old age with barren wife are the miracles given to him as a prelude to even bigger miracle- supernatural birth of Isa (a.s.). In texts of the New Testament and in Christian theology his significance is reflected in his son Yahya (a.s.), better known as John the Baptist who, according to the New Testament baptised Jesus in the river Jordan. Tale of Zakariya (a.s.) is mentioned in three places in the Qur’an and in one place in the New Testament. The author here presents this tale according to the Qur’an and the New Testament with a reflection upon similarities and differences of the account. It is a comparative, historical view of the two versions of the tale without going into comparison of theological issues derived thereof.

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SELAM - RIJEČ MIRA

Author(s): Nina Halilbašić / Language(s): Bosnian Issue: 13/2021

This paper deals with the importance of greeting as an initial social contact, in order to create positive, mutually pleasing, friendly communication, but also gives a brief overview of the word "salam" and its meaning through the Qur'an, in order to learn, from the basic source of Islam, what the true peace is, how it is achieved and what are the meanings of an Islamic salutation. At the beginning, the word "peace" is defined in Bosnian and Arabic. After that, words from the Qur'an that contain the root "s l m" are quoted, and the word "salam" is underlined. Paper represents a kind of journey through Qur'anic verses - it stops at each word "salam" to see in what context it is used and what message theat treasury of found verses carries for us. Ibn Kesir's tafsir was used to briefly explain these verses. The personal review of the author, including its own understanding of the mentioned verses and offering their interpretation. Regarding the word "salam" in the hadiths of the Prophet, peace be upon him, in the paper it is stated several guidelines on this topic from Tirmidhi's collection of hadiths.

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Prepoznavanje složenosti značenja [kur’anskoga teksta]

Author(s): Abdullah Saeed / Language(s): Bosnian Issue: 89/90/2021

This text is the ninth chapter of the book Interpreting the Qur’an. Towards a contemporary approach in which the author focuses on the issue of ‘meaning’ in interpreting the ethical and legal content of the Qur’an. The author does not adopt any particular theory of meaning (e.g. reference, semantic, ideological or functional), but considers them all somewhat relevant in the interpretation of the ethical and legal content of the Qur’an. He states that for many textualists, classical and modern, the reference theory of meaning was the most relevant. The author criticizes the textualist understanding and advocates the adoption of a meaning that is more appropriate to the interpretation of the ethical and legal content of the Qur’an. He also believes that the reference theory of meaning is inappropriate in interpreting the ethical and legal texts of the Qur’an, and advocates recognizing the degree of uncertainty and complexity of meaning, the importance of context (linguistic, socio-historical and cultural) and the legitimacy of multiple understandings.

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Kritika i evaluacija esencijalističke teorije nasilja u islamu s akcentom na mišljenje nemuslimanskih mislilaca

Author(s): Mohammad Ali Mirali,Seyyed Yahya Mousavi / Language(s): Bosnian Issue: 89/90/2021

Orientalists, who are often followers of the essential theory of violence in Islam, claim that the Qur’an and Islam are inherently violent in nature, relying on a number of Qur’anic verses, narrative texts, and the historical behavior of some Muslim caliphs. The main purpose of this article is to critique and evaluate this theory from the perspective of non-Muslim thinkers and to explain the factors and backgrounds for the formation of this reading. Therefore, in this article, we will answer the question: what critiques can be made of the theory of the essentialism of violence in Islam? The research method in this paper is in terms of method of implementation, analytical method of critique, in terms of purpose, fundamental, and in terms of data collection tools, documentary and library. The research findings indicate that Islam and the Qur’an are absolutely unnecessary in relation to violence, neither do they deny it in general nor do they prove it. In the verses of the Qur’an, although legitimate violence is recognized, it has always been spoken of as the last resort. This, along with other factors, has lad to a violent reading of Islam by some thinkers.

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A Korán Jézus - és istenképe a keresztyén teológia mérlegén

Author(s): Opra Koppány / Language(s): Hungarian Issue: 5/2021

While the Qur’an often refers to Jesus Christ, it presents a picture which is different from the New Testament. The Qur’an “denies” that Jesus Christ would be the Son of God, implicitly also discounting the doctrine of the Holy Trinity. Jesus is only a creature, a prophet of God, whom God saved from death on the cross. The denial of the death of Jesus Christ was presumably theologically motivated, insofar as Muhammad’s successful career was aimed to prove that the servant of Allah cannot fail or suffer because God protects his people and leads them to prosperity. In contrast, Jesus Christ is the One who, if necessary, will take the way of suffering for the sinner and even make the substitutionary sacrifice for his salvation (Is 53:3-6). Muham- mad could have encountered heretical Christian teachings. When the Qur’an refutes teachings concerning the person of Jesus Christ that are irreconcilable with the Bible or the traditional dogmas of Christianity, it refutes, in fact, the heresies of certain Christian sects.

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Tevekkülün Fonksiyonelliği Üzerine -Din Psikolojik Bir Yaklaşım

Author(s): Fatih Kandemir / Language(s): Turkish Issue: 1/2022

The aim of this study is to discuss the functional value of tawakkul in terms of individual psychology in the light of scientific studies. As known, tawakkul is an important concept on which the Qur'an and Sunnah have emphasized. In this regard, tawakkul, which is a religious value, is expected to have an important function for the individual in his work and actions. However, it is seen that tawakkul, which is fostered by religious sources, is far from its functional value that has been expressed in time. This situation often brings with it the questioning of this concept. Because this concept, which is based on religion, is expected to have a positive function for the individual, but on the contrary, it is known that it produces the opposite function for some individuals. It is possible to say that many factors are effective in the fact that tawakkul has such a function. However, due to the limitations of the study, it is not possible to discuss all these factors here. However, it can be stated that a false perception of destiny is a very strong factor in the development of individuals' belief in tawakkul contrary to the essence of religion. Thus, it is possible to say that the false understanding of tawakkul, which is also expressed as a kind of fatalism, develops and takes root. It is almost inevitable for this situation to lead the individual to a behavior contrary to the religious teachings, neglecting the principle of after fulfilling the reasons, one of the most important elements of tawakkul. Despite this, it is known that tawakkul still has many functional values in accordance with the essence of religion for the believer. In this context, five basic functions of tawakkul were examined in this study. In this context, first, the subject of Tawakkul as the Manifestation of Confidence in Allah was examined. At this point, it is emphasized that religion, which has the function of satisfying the individual emotionally, should cooperate with trust, as well as with many emotions in the emotional spectrum, in order to produce this function. It is possible to say that tawakkul has a very close relationship with this feeling because of the strong relationship between trust and faith. Because the feeling of trust in Allah creates expectations based on trust in people, it is possible to say that the level of trust of the individual who is fed by this feeling will also increase. The second, the function of tawakkul was examined under the title of Tawakkul as a Positive and Cognitive Re-evaluation Tool. In this context, it is emphasized that it is inevitable for a person to encounter positive life events as well as negative life events as a necessity of his existence. Afterward, it has been mentioned that this bipolar structure of existence causes the person to experience negative emotions as well as positive ones. At this point, after subjecting the situation to a positive and cognitive re-evaluation process, the individual who has tawakkul takes the strength from the verse "God only obliges a person to do what he can do" (al-Baqara, 2/286) and transfers the result to Allah, is likely to do so. The third, the function of tawakkul is discussed under the title of Tawakkul as a Means of Making Sense of the Background of Events. In this context, the attitude that an individual will adopt if the work he has entrusted to God outwardly produces a result against him: "It may be that something is good for you, but you do not tolerate it. It also happens that when something is bad for you, you love it. Allah knows, you do not know” (al-Baqara, 2/216). Accordingly, thanks to the awareness of tawakkul fostered by this and similar verses, it becomes very easy for the individual to accept negative situations without questioning too much and thus to make sense of the background of the event. The fourth, the function of tawakkul is examined under the title of Tawakkul as a Means of Spiritual Development. In this context, it has been pointed out that tawakkul has an important function for the spiritual development that religion has presented to him on the basis of meaning and purpose, aside from escaping from the troubles experienced by the individual. The last, the function of tawakkul mentioned in the study was examined in the context of Tawakkul as a Mental Shelter. Accordingly, tawakkul, which means an individual's relyıng on Allah, is an individual's action with the awareness that the only being with power and strength is Allah. Thus, an individual who is aware of his own helplessness is expected to rely on Allah, which he sees as a safe mental shelter, by trusting in Allah in all matters, by showing sincere consent and submission to His will. Based on all these, it is aimed that this study, which was made by making use of primary and secondary sources, contributes to the understanding of the functional value of tawakkul, which is fostered by religious belief.

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Namazların Uyuma ve Unutma Dışında Sebeplerle Kazası Meselesi: Hendek Savaşı’ndaki Bir Uygulamanın Delâleti İle İlgili Değerlendirmeler

Author(s): Hüseyin Kahraman / Language(s): Turkish Issue: 1/2022

The most widely explained worship in Islam is al-ṣalah/prayer. In the Qur'an and particularly in the hadiths, details about all the elements of this worship have been addressed. One of the issues mentioned relatedly prayer in these two sources is the element of time. The Prophet points out two excuses for performing prayers outside of their time; these are namely sleeping and forgetting. Accordingly, a person who does not perform a prayer due to sleep or forgetting should compensate it when he wakes up or remembers it. Note that both of these are unconscious states of human being. From this hadith, it can be understood that the religion does not accept any other excuses for performing prayers outside of the times appointed for them. Despite this clear and obvious approach, some legal scholars also discussed whether other excuses could be considered legitimate to deliberately abandoning prayers. According to some scholars, a person may even make up for prayers that he left out of laziness without any valid reason. Because human nature is prone to make mistakes. If attention is paid, there is a very significant difference between this last view and the hadiths confining the deliberately abandoning prayers only to sleep and forgetting problems. The most important ground of these scholars, who tend to expand the framework that allows for the making up of prayers, is the practice of the Messenger of Allah in the Battle of al-Khandaq. According to the narrations, while the war was going on, the Prophet performed some prayers outside their own times. Moreover, there is no indication of an armed and hot conflict between Muslims and polytheists at the time when the Prophet was praying in the narrations. Focused on this particular case, two interpretations can be made; the Prophet may have forgotten the prayer or only the prayers in question, or he may have deliberately left it for later due to the severity of the war. Before this practice of the Messenger of Allah can be considered evidence for the claim in question, the narration and its context must first be clarified. If we understand this particular case as it was forgotten, then we will be speaking of an involuntary application. Thus, his behavior will not be evidence for those who want to expand the framework of the excuses that may cause compensation of prayers. In other words, this action must have been performed consciously in order to be evidence for the claim in question. We have some indications that will pave to way to explore the reason of the Prophet's practice. Even if it is concluded that there is a conscious saving from these data, this time, a serious obstacle is encountered, such as fear prayer, which seems to emphasize the element of time. One of the aims of this article is primarily to determine the reason why the Prophet performed some prayers outside of their own times in the Battle of al-Khandaq. Then, this article elaborates the relationship between the fear prayer, which is described in the Qur'an and the Sunnah, for this determined reason. In this way, it is investigated whether it is a generally accepted rule to leave a prayer out of its time due to the fear of war or the enemy. The result of this investigation is very important; because there are some comparable grounds with the practice in the Battle of al-Khandaq. If this is accepted as a general rule, the framework of the issues that may cause a prayer to be left to accident can be expanded; excuses that can be considered force majeure and legitimate in terms of daily life can be added to the unconscious states of sleeping and forgetting- which are determined by religion. In this context, it can be said that it is of great importance to determine the historical sequence between the verses and hadiths that talk about the Battle of al-Khandaq and the fear prayer. Because, this finding is in a position to point to the result of the abolition of the previous provision. But there is also the possibility that the matter may go in the opposite direction. In other words, if the practice in the Battle of al-Khandaq took place after the data on the fear prayer were revealed, it would become important evidence in favor of the claim in question. To reveal this important evidence and shed light on the main issue, historical and hadith sources should have reviewed from various angles. Accordingly, it will be necessary to search for the answer whether during their journeys after the Battle of al-Khandaq and in particular during the war, the Prophet and his companions followed the rule related to the prayer of fear or opted to leave it to compensation. In this respect, the article aims to represent much smaller dimension of this broad framework, excluding the general aspects of the issue such as the accident of prayers, whether it is possible or not, and proofs. The article reaches a conclusion through the determination of this mentioned relationship, which has clues in various hadith, fiqh, history and commentary books.

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Kur’an’da el-Cin Kavramının Medlûlü Hakkındaki İhtilaflar

Author(s): Bayram Demircigil / Language(s): Turkish Issue: 1/2022

Polysemic words and phrases in the Qur’ān gave rise to disagreements in the Qur’ānic exegesis. Therefore, it seems obligatory to refer to the contextual reading of the text while interpreting and understanding the polysemic vocabularies. One of the polysemic vocabularies is the word al-jinn, which derives from janna – yajunnu, which means to cover something. The use of this word is related to the fact that they are supernatural beings and are invisible to the eye. The same feature is described for angels, which are considered part of the concept of “al-jinn” on the same level. In the period of Ignorance (Jāhiliyyah), these beings were portrayed as having extraordinary spiritual powers. Even some people believed that they deserved to be worshipped. But the Qur’ān strongly rejected this ascription. The early exegetes of the Qur’ān and later scholars vary in terms of the meaning of “al-jin” whether this word in these verses refers to the jinns or the angels or the Devil or satans. The disputes in this regard occurred in some verses where the word al-jin or al-jinnat were placed in their absolute forms. On the other hand, the absolute use of the word al-ins or al-nās did not become one of the dispute topics, except for some contemporary interpretations and approaches. Within these disagreements, the discussions had been made about the distinction between the jinns and angels or the innocence of angels. The majority of exegetes acted more or less following the context where they analysed the polysemic words. Also, it should be noted that focusing on the relevant etymological meaning is one of the major interpretation methods in exegesis while specifying the exact meaning of the word. Therefore, this study starts by exploring how the people perceived this concept in the Arabian Peninsula during the period of Jāhiliyyah. The importance of methodological tools appears by considering that the Qur’ānic revelation took place in the forms of language used in the 7th century of the Arabian Peninsula. This influenced the way some scholars tackled the issue. Therefore, we first dealt with the specific meanings of “al-jinn” used by the Jāhiliyyah Arabs. We also referred to the classical Arabic dictionaries to determine the linguistic ground for the explanations in the Qur’anic exegesis. Besides, we gave place to the historical narrations related to this subject. Disagreements among exegetes in this regard occurred on the meaning “al-jinn”, whether the Devil (Iblis) can be considered as an angel, and what is meant by “al-jinnat” by which polytheists ascribed kinship between them and Allah. Some scholars analyse the matter by intra-textual context, while others focus on extra-textual context or both. It seems that the most distinguished scholars that take the contextual indications into account during the process of interpretation are Muqātil, Faḫruddīn al-Rāzī, and İbn ʽĀshūr. We also should indicate that the same verses might be used for different argumentations. Within this regard, as some authors argue, it is possible to come to a conclusion that the exegetes throughout history were aware of the historical and cultural context of Arabs who associated the jinn and angels with Allah. The exegetes addressed the issue from the perspective of whether angels are sinless or innocent. In this respect, some scholars’ perception of the angel is quite different from those who assert that Iblis was one of the angels. We also should not dismiss the fact that Isrāiliyāt had some effect in nourishing this perception. We also need to consider that the principles of Sunni doctrine had a more substantial impact on some scholars like Rāzī. In recent years, some authors have argued that the jinns who worked under the service of the Prophet Salamon and those who met the Prophet Muhammed (PBUH) were foreign people from different tribes. We should indicate that this interpretation does not reflect a correct understanding. This viewpoint attempts to explain the issue contemporarily and from a rationale perspective and is possibly inspired by narratives in the Bible.

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“Cevâz-ı Şer'î Damâna Münâfidir” Kâidesi Kapsamında Hukuka Uygunluk Sebepleri Hakkında Bir İnceleme

Author(s): Ahmet Akman / Language(s): Turkish Issue: 57/2022

The resolution of similar cases according to the same or similar general rules is very important in terms of stability in legal understanding and practice. In this respect, universal rules (basic rules) contribute to the development of legal logic. As of the history of Islamic law, practices and legal works that are the product of this logic have been encountered since the early periods. An important part of these rules are either taken directly from the Ḳur'ān and Ḥadīt̲h̲ or they have emerged as the common meaning of the texts. However, these basic rules were subject to a legalization for the first time and comprehensively through Med̲j̲elle-yi Aḥkām-i̊ ʿAdliyye. These were arranged within the framework of the first hundred articles of the Med̲j̲elle, which can be accepted as the most important national code of the Ottomans. Among these, one of the important components of the compensation law in Article 91;"legal permissibility (cevāz-ı şerʿî) does not create liability." is included. After emphasizing the importance of remedying the damage and the consequences of the tortious act in different articles, it concisely regulates the relationship between the legal permissibility and the compensate of the damage, which is among the reasons for legality. Instead of being directly applied in courts, universal rules have a guiding and opinion-forming effect for judges, practitioners and lawyers.

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An Analysis of the Legal Provisions of Entering the Mosque for Menstruated Women

Author(s): Tuba ERKOÇ BAYDAR / Language(s): English Issue: 57/2022

There are some main prohibitions placed upon the menstruating woman in Islamic Law. One of these prohibitions mentioned in classical books is known that women cannot enter the mosque while they are menstruating. However, there are many fatwas given that women can enter the mosque when they are menstruating, especially today. In this paper, we investigate the question of the permissibility of entering a mosque for menstruating women according to Islamic law. Our paper consists of three main chapters. After establishing a general framework, in the second chapter, we will shortly discuss the positions of all four Sunnī schools of law on this issue. Also in the second chapter, we will especially present the related opinions of the members of the Shāfiī school of law, as they include detailed issues in this regard and gave the basis for the fatwas given in the modern period. Finally, we will elaborate on the general framework and revisit contamporary positions with their supporting proofs and arguments. Thereby we will offer a systematic examination of the juristic ruling of entering a mosque for menstruating women.

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مقارنة منهج ابن حجر العسقلاني وبدر الدِّين العيني في تأويل مختلف الحديث: دراسة تطبيقيَّة من خلال فتح الباري وعمدة القاري

Author(s): Alam Khan / Language(s): Arabic Issue: 57/2022

This article deals with a brief study of the history of the emergence of mukhtalifu’l-hadīth science and its literature, as it is one of the most important types of hadīth science that fuqahā‘a and muhadithūn need it in the deducing of the primary and secondary provisions and the explaining of the Prophetic hadīths. It includes a detailed comparative study between the approach of Hāfiz bn. Hajar al-Asqalānī al-Shāfi‘ī (d. 852/1449), and Badru’d-Din al-‘Aynī al-Hanafī (d. 855/1451) in the interpretation of mukhtalifu’l-hadīth through Fathu’l-Bārī and ‘Umdatu’l-Qārī. it was clarified that each of them was exposed to the study of seemingly contradictory texts in the folds of the explanation of the hadīths of al-Bukhārī and expanded on it and excelled in it. In addition, a glance has been shed in this article on the differences of muhadithūn and fuqahā‘a among the Hanafis scholars in arranging the ways of pairing in the interpretation of mukhtalifu’l-hadīth in general, and Ibn Hajar al-Asqalānī and Badru’d-Din al-‘Aynī in particular. It has been proven from the application of examples from Fathu’l-Bārī and ‘Umdatu’l-Qārī that Ibn Hajar does not expand on abrogation if it is possible to combine it, unlike Badru’d-Din al-‘Aynī.

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Hanefî Hukuk Düşüncesinde Ayn-Deyn Ayrımı ve Hukukî Düzenlemelere Etkisi - İş ve İstisnâ’ Akdi Örneği -

Author(s): Ünal YERLİKAYA / Language(s): Turkish Issue: 1/2022

The ayn-dayn distinction in Ḥanafī legal thought shapes directly many regulations related to the law of obligations, from the legitimacy conditions of the contracts to the principles of compensation obligation. Three aspects are important in understanding the formative function of this distinction. The first of them is what is the conceptual content of ayn and dayn in Ḥanafī terminology. The second of them is what kind of relationship there is between the qualities of goods and ayn and dayn. The third of them is what kind of differences exist between ayn and dayn in terms of their effects on legal regulations. According to Ḥanafī terminology, in a debt relationship, dayn means goods that have not yet been delivered to the creditor, whether they are in the hands of the debtor or not, in terms of goods (gold, silver and money) that are not suitable for determination by determining. Dayn represents the identical goods that is under the responsibility of the debtor in terms of non-existing identical goods. In terms of existing identical goods, dayn represents the identical goods that exist in clusters but have not yet been determined individually. Non-standard goods are goods that are not suitable for dayn because they are not suitable for abstraction from their material existence. Ayn represents the existing and determined goods in terms of non-standard goods and existing identical goods. Ayn represents the goods received by the creditor in terms of gold, silver, money and identical goods that are in the debtor's obligation from the beginning.

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İslâm Ceza Hukukunda Cezaların Umumiliği

Author(s): Abdulmuid Aykul / Language(s): Turkish Issue: 1/2022

In contemporary legal systems, the generality of laws refers to provisions that do not target a specific person, not a special and incidental situation, but predetermined, abstract, and appealing to everyone. From this point of view, the generality of the law means the same thing as the equality of all before the law. However, in contemporary criminal law, equality and relative equality can be understood and an equality between people who are equal in everything can be mentioned. The fact that unequals are subject to the same penal sanctions creates a situation contrary to this understanding of equality. When it comes to equality before the law in Islamic criminal law, this is closely related to the right group to which the punishment is related, as well as to the type of punishment. Since the rights are considered in two groups as the right of Allah and the right of the person, it can be said that the principle of equality is respected in the punishments related to the rights of the people. Although there are differences between the sects in this area, the Hanafi sect is one of the important defenders of the principle of equality. This study, which deals with the generality of Islamic criminal law in the context of the general principles of criminal law, aims to determine whether the generality principle is applied in penalties in Islamic criminal law and whether there are provisions contrary to generality. In this study, first of all, what is meant by generality in criminal law will be investigated from modern criminal law, and then it will be evaluated whether there is generality in punishments under the main headings of hadd, qisas and ta'zir in Islamic criminal law.

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Kur’an’ın Bazı Odak Kavramlarının Meâllere Yansıtılma Sorunu: “Anlamak İçin Türkçe Kur’an (Meâl)” Adlı Çalışma Örneğinde

Author(s): Fatih Kanca / Language(s): Turkish Issue: 1/2022

There are some words in the Qur’an that are considered “focus concepts” based on their meaning. It is important that these key concepts are understood entirely and translated into different languages with their richness of meaning to interpret the verses correctly and convey their divine message to others. If these aforementioned key concepts are understood incorrectly or incompletely, the same deficiencies will be reflected in the interpretation of the verses. In this article, the main focus is to pinpoint the significant mistakes made while reflecting on some of the focus concepts of the Qur’an related to worship such as salat, ruku, prostration, hajj, zakat, and sawm, using the interpretations or translations from “Turkish Qur’an for Understanding”. This study examines these focus concepts by analyzing the answers to the following questions. How much freedom does the person have in interpreting focus concepts? In the process of making the concept of Quran plausible, can an interpreter leave out the linguistics and the reason of the revealed verse in the interpretation? Does the traditional interpretation flexibility allow the interpreter to understand the key concepts as he or she wants? Are interpretations to be made without considering specific criteria such as linguistics and thematics, and would that be sufficient to determine the essential meaning of the key concepts? Moreover, do the explanations made without considering certain criteria cause falsification?Answers were sought for these questions by analyzing some of the key concepts which were included in the incomplete and incorrect interpretations of the verses. At the beginning, the focus concept is presented as the symbol and the basic building block.

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Nahl Sûresi 125. Âyet Bağlamında Müfessirlerin ‘Hikmet, Mev‘ize-i Hasene ve Cidâl’ Kavramlarına Yaklaşımları

Author(s): Servet Demirbaş / Language(s): Turkish Issue: 1/2022

One of the most important elements of understanding a text is to comprehend the words and concepts that make it up. While words take on the task of building blocks that form sentences with the meanings attributed to them, concepts also express the imagination of objects, entities and objects in the human mind. Words and concepts gain value with the meanings attributed to them while constructing the text. In this respect, in order to understand and interpret the meanings of the text, which is a linguistic structure, it is necessary to go down to the layers of meaning that the concepts express. When the subject is the words and concepts contained in the Qur’ān, a more rigorous research is required. Since the Qur’ān was revealed in Arabic, it also included the concepts used in the period of ignorance (jāhiliyyah), while revealing the rules, characteristics, expression style and possibilities of the language in which it was revealed, at the level of i‘jāz. However, most of these concepts used in the Qur’ān have gained new meanings. Confining the Qur’ānic concepts only to their root meanings or to their usage in the pre-revolutionary period cannot help to understand the Qur’ān. While explaining the concepts of the Qur’ān, commentators developed different interpretations with different orientations based on the context of the verses. Continuing the search for meaning, commentators tried to figure out the meanings attributed to the concepts in the periods after the revelation period. Since while the meanings of many concepts have changed in parallel with scientific developments and interactions, new concepts have also appeared. While continuing their activities, commentators benefited from other scientific disciplines as well as Qur’ānic sciences. In this study I will examine the approaches of the commentators to the concepts of hikmat, maw’iza hasana and Jidāl with special reference to 16/Sūrat al-Nahl: 125. In addition, I will try to show the meanings attributed to these concepts in the historical process and the change in these meanings.

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Şâfiî Müctehid Tabakaları ve Mezhep İçi Tercihteki Rolleri

Author(s): Hasan GÜLER / Language(s): Turkish Issue: 1/2022

Tabaqāt al-Ictıhād which have been formed by based on fıqhī inferrence methods like ictihād, tahrīj and tarjīh, are very important in terms of determining the field of action in the activities within the school of a faqih who is a member of the school. From this point of view, it is understood that mujtahid tabaqāt have a close connection with intra-school preference. Mujtahids, who are placed in different ranks in the mujtahid tabaqāt in terms of their scientific level, represent various aspects of intra-school preference activities where they are. In this study, Tabaqāt al-Mujtahid has been tried to examined on the basis of the Shafii scool. In this context, firstly, various mujtahid classifications made by some early sectarian jurists have been examined and an introduction to the subject has been provided. Subsequently, the classification of Ibn al-Salah al-Shahrezuri (d. 643/1245), who constituted the summit of the aforementioned classifications, has been examined in detail, aiming to understand the nature of the Shafi'i mujtahid strata and also to determine the role they played in the preference activities within the sect.

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Siyer-Hadis İlişkisi Bağlamında Selmân-ı Fârisî’nin Müslüman Oluşu

Author(s): Ramazan Topal / Language(s): Turkish Issue: 1/2022

Sîra, which deals with the life of the Prophet, has the most common points with hadith science among the Islamic sciences. The fact that the hadith books contain a rich sîra material and the narrations of the historian narrators such as al-Zuhri (d. 124/742) and Ibn Ishâq (d. 151/768) are transmitted in these books are the points that show the importance of the common points between the two sciences. Because of this close connection between them some scholars have accepted the science of history that included also sîra, as a sub-branch of hadith. Although sîra and hadith have many common points in terms of method and content, there are also aspects where they differ from each other. For example, in sîra, it is not given the isnad as much importance as in hadith. Otherwise, important historical elements such as the date and place of events are often not fully included in sîra narrations in hadith sources. Because both sciences have different aims and methods. Therefore, attention should be paid to these in studies addressing these two areas. In this article, as an example of sîra-hadith connection, The informations related to becoming müslim of Salmân al-Fârisî in al-Kutub al-Tis‘ah has been evaluated by comparing it with the sources of the first period sîra. In the study, it has been understood that most of the informations in the sources of sîra and hadith comes from common narrators such as Ibn Ishâq and Sulaiman al-Taymî (d. 143/761), and therefore there are similar contents in the sources. It is understood that the narrations of Ibn Ishâq, who is both a historian and a muhaddith, have been preferred since the early period and it is seen that he directs the narrations on this subject. In addition to this, narrations with different contents reflecting the specific aims and methods of sîra and hadith are also conveyed in the issue.

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