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ISSN (Print) 2148-5631 - ISSN (Online) 2148-8134
Published by Aksaray Üniversitesi Homepage  [1 journal]
  • Custody in Marriage Contract in Terms of Islamic Law

    • Authors: Muhammed Mehdi AKSOY
      Abstract: The marriage contract, which forms the basis of the family institution, has individual, social, religious, and worldly aspects, but also has a legal dimension. In this respect, it has to contain some elements and conditions like other legal savings. Otherwise, it is not possible to be considered religiously and legally valid. Due to its importance, Islamic jurists have dealt with the issues related to the marriage contract down to the last detail, and in this context, they have clarified both the elements, and the conditions in detail. However, they agreed on some issues and disagreed on others. Although there are many disputes about the elements and conditions of the marriage contract, the most controversial point is the issue of custody. In this context, different approaches have been put forward depending on different evidences, reasons, and perspectives about who has custody, who is subject to custody provisions, what is the limit of authority regarding custody and what kind of element the person who undertakes it is. This study aims to comparatively examine the views of Islamic jurists about custody in marriage and to examine the evidence they are based on.
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
  • The Situation of A Robber in War In The Context of Busr Ibn Abī
           Arṭāt’s Narration

    • Authors: Mustafa YÜCEER; Hasan Hüseyin ÇALIŞKAN
      Abstract: In addition to conveying the provisions on religion, the Prophet also applied the divine provisions in the natural flow of life. Besides, he has also been able to make different decisions regarding the execution of the provisions in extraordinary situations. In order to exemplify such an event, a narration conveyed from Busr Ibn Abī Arṭāt (d. 86/705) and suggested that hadd punishment should not be applied to a person who steals during the war has been examined in this study. Busr Ibn Abī Arṭāt, who also has discussions about his being a companion, is the only companion who conveys the ḥadīth that goes: The person who steals during war/campaign time is not punished. The authors of sunans, especially Ahmed b. Hanbal (d. 241/855), refer to this ḥadīth as fallows: “The Prophet forbade us to cut our hands in war and do not apply the punishment of theft in war/campaign”. Although there are criticisms against Ibn Lehia in some of the narrations, which are transmitted in fifteen different chains as far as can be determined; in the final sense, the ḥadīth is accepted as authentic. Although Busr Ibn Abī Arṭāt’s narration is accepted as authentic in terms of the science of ḥadīth, it did not receive enough attention in terms of applicability. For example, the Hanafis gave judgment on the basis of the ḥadīth, which is considered weak and states that the hadd punishment will not be applied in dār al-ḥarb instead of this narration. While al-Awzā’ī pointed out that the hadd punishment should be reduced, al-Shāfi’ī expressed his opinion that the hadd punishment should be applied at any time. In the paper, firstly, after the information given about theft and its punishment in Islamic Law, the aforementioned narration was compiled from the main ḥadīth books and the isnad scheme was extracted and later on the content of the narration was analyzed around the approach of Islamic jurists to the subject.
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
  • The First Complete Tafsir Study in the Malay World: An Analysis on
           Tarjuman al-Mustafid in the Context of Surah al-Balad

    • Authors: Eyyüp TUNCER
      Abstract: In the classical period, tafsir studies in the Malay world are limited and few. As a result of the tajdid and ijtihad movements that started in the region in the 20th century, the science of tafsir was in great demand. In the previous period, sciences such as nahiv, fiqh, and kalam played more effective and decisive roles. Tarjuman al-Mustafid, written by Sinkilî (d. 1105/1693) in the 17th century, is very important in terms of being a turning point in the tafsir literature of the Malay-Indonesian world. Likewise, Tarjuman al-Mustafid has succeeded in attracting the attention of many researchers in terms of being the first complete tafsir study in Malay-Indonesian and being the only tafsir book written in its field in the Malay world for nearly three centuries. However, the first complete tafsir text that can be compared with the tafsir studies done in Indonesian and Malay in the modern period is undoubtedly Tarjuman al-Mustafid. In the present study, Abdurrauf Singkili’s life was briefly introduced and then his study, Tarjuman al-Mustafid, was examined in terms of language, style, method, content, and sources. Thus, a tafsir book, which was written in the Malay-Indo world about four centuries ago, has been studied through concrete examples in the context of surah al-Balad.
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
  • The Issue of the Dependence of the Accruing of the Religious Provision on
           the Judicial Decision: The Example of the Hanafi Madhhab

    • Authors: Seyit Mehmet UĞUR
      Abstract: The aim of this study is to determine the reasons whether the existence of the religious judgment depends on the judicial decision by examining the relevant issues in the Hanafi furūʿ sources and using the inductive method. In addition to being theoretically important to know in which cases the religious provision depends on the judicial decision, it is also a prerequisite for making sound assessments about whether the religious provision will be valid or not, in case of a difference between the judicial decision and the religious provision in a concrete matter. It has been determined that five main factors are effective in the dependence of the existence of the religious provision on the judicial decision. These factors are as follows: Whether the legal event is suitable to be the subject of a judicial decision; whether the reason for the religious provision is definite/clear/strong; the disagreement or consensus of the jurists in the provision; whether the person is authorized to take legal transaction; and the legal action to be in the nature of termination of a binding contract. It is possible more than one reason may be effective regarding the adherence of the religious provision to the judicial decision in a concrete issue. On the other hand, these factors may conflict with each other in a concrete case.
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
  • Online Qurʾān Education and Teaching in the Pandemic Period: The Case of
           the Faculty of Islamic Sciences AYBU and CAKU

    • Authors: Abdulhekim AĞIRBAŞ
      Abstract: The education and teaching of the Qurʾān has continued until today with ṣaḥīḥ sanad starting with the methods of ʿarḍ and samāʿ between Gabriel and the Prophet (pbuh), then Muhammad (pbuh) and the companions, and through them it was transferred to the tābiʿīn to imāms of qirāʾa. Due to Covid-19 in 2019, this education could not be done face-to-face in some places. The education activities continued through in online applications. Thus Qurʾān education at universities continued online in this period. Our research covers the practices of Qurʾān education in this process at AYBU and ÇAKU Faculties of Islamic Sciences. In this research, the aim is to evaluate Recitation of Qurʾān and Tajweed courses from the aspect of instructors and students in pandemic period and to present advantages and disadvantages of teaching this course with distance education based on scientific research and determination. The semi-structured interview form is used by applying document analysis technique with instructors, and qualitative research method is used by applying questionnaires to students to collect data for our research, in line with expert opinion. The data, analyzed with the SPSS program, shows that Recitation of Qurʾān and Tajweed courses with face-to-face education are more productive than online education. The students were suffered from certain systemic problems even if they save time as they could had the opportunity to attend classes from where they were. Consequently, the students attending regularly the courses in online period become more successful when they turned back to the face-to-face education, as they did not break away from education.
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
  • Iddah of Man in İslâmic Family Law

    • Authors: Abdulmuid AYKUL
      Abstract: A woman who is divorced or whose husband has died can only marry another man after a certain period. In Islamic law, this period of waiting for a woman to remarry is called iddah. Iddah has many merits such as knowing the acquittal of the womb of the woman, not mixing the lineage, and preparing the woman psychologically for a new marriage. In addition, the mourning of a woman whose husband died with the sadness and grief of losing her husband is just one of the other merits of iddah. However, none of these listed things really constitute the cause of iddah. For this reason, most of the Islamic jurists have expressed the taboo of iddah by emphasizing the worship aspect of iddah. The fact that iddah is taabbud/devotional means that its wisdom and cause cannot be determined exactly. The issue of iddah for a man expressed in this study is closely related to the issue of jam’/marrying two sisters. Islam forbids the union of two sisters under the same marriage. However, the man will wait until the iddah of the divorced woman ends so that he can marry the sister or aunt/auntie of the woman he has divorced. In the works of furu fiqh, although it is controversial, this situation is called the iddah of the man. While the man can marry the woman’s sister without waiting for iddah in case of the death of the woman, the necessity of waiting for the iddah of the woman in order for the man to marry the woman’s sister in case of divorce by ric’î talaq is based on the consensus of Islamic jurists. Whether he can marry the sister of his wife, whom he divorced with bâin talaq/permanent divorce, before the end of his wife's iddah is controversial in the doctrine.
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
  • Universality of Science in the Qurʾān

    • Authors: Zübeyir KARATAŞ
      Abstract: The Qur’ān contains universal rules in terms of content. From belief to trading transactions, from criminal law to worship, it touched on issues that people needed in religious matters in general. In the same way, it also stated what they should do for them to progress and evolve in the worldly life. First of all, Qur’ān ordered people to read in order to better understand himself, his environment and the universe. He referred to this issue in different verses. Beginning with the “Read” of the first verse and swearing on the pen, which is one of the greatest tools of knowledge, clearly demonstrates this truth. In addition, the fact that the “Read” command is not limited to any branch of science, so this command reveals that it is religiously important to engage in humanities that benefit people, as well as religious sciences. No matter who the source of knowledge comes from, this knowledge is valuable in Islam, no matter what religion or belief the person who reveals it belongs to. In fact, useful information from non-human beings is also very valuable. However, unfortunately, due to different creeds and legal sects, schools, dispositions, and perspectives, which should be a source of wealth, this principle was broken in some periods, and it was seen that everyone accepted the information coming from the sects, schools and dispositions to which they belonged, and rejected the other ones. In this study, the universality of science will be emphasized, and it will be tried to explain that limiting correct knowledge with only certain groups contradicts the basic principle of the Qur’ān.
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
  • Bukhārī’s Issue of Takıng Hadīths of Shebīb Ibn Saʿīd Called
           ‘Salīh Al-Hadīth Lā Beʾse Bih’ by Abū Hātem to his Sahīh

    • Authors: Kemal TAŞKIN; Muhammet Seyyit BALABAN
      Abstract: Bukhārī’s he first muhaddith who wrote a book with the intention of bringing together sound ḥadīths. Therefore, he is the leading of people that most studied about. Whether it fulfills his theoretical requirements and also examination of the sanads and texts of the narrations are some of these studies. With this, in general, the research about people of the sanad constitute the backbone of the science of ḥadīth. Abū Ḥātem who is the first and most important one of ricāl researchers, has evaluated any narrators. Naturally, Bukhārī’s narrators also got their share from these evaluations. Here in this study, the opinions of the critics, in particular, about Shebīb Ibn Saʿīd, one of the narrators of Bukhārī’s book al-Jāmiu al-ṣahīh evaluated by Abū Ḥātem will be discussed. The reason for choosing this narrator is evaluation of “ṣalīḥ al-ḥadīth lā beʿs bıh” that used by Abū Ḥātem and these evaluations and views lower him from the rank of thiqa Because these evaluations will mean that Bukhārī does not comply with his own conditions. Explaining the narrations of the related narrator in al-Jāmiu al-ṣahīh and the method that Bukhārī followed while interpreting the ḥadīths narrated by him will also help to understand the subject.
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
  • The Profession of Veterinary in Period of Early Islamic History

    • Authors: Tuğba VELİOĞLU
      Abstract: The profession of baytar, today known as veterinary, is one of the professions that have been left in the background to be researched in Islamic History. However, animals, which were the greatest helpers of people in period of early Islamic history, had played a major role in many areas from the success of Muslims in jihads to the establishment of Islamic civilization. Activities such as caring for the animals to be strong and getting the desired efficiency, protecting their health and treating them when they got sick were carried out by veterinaries. The aim of this study is to prove that the profession of veterinary was active in the early periods of Islamic History. Although the veterinary medicine did not attract as much attention as human medicine, this profession had been actively carried out since the early periods of Islamic History, including the period of Jahiliyyah, and veterinarians had worked in government institutions such as the army and palace with regular salaries. In addition, they had set up mobile clinics on different routes/paths for animals that get sick during the journey. Ibn Akhī Hizâm (3./9. centuries), who is considered to be one of the most famous veterinarians in the history of the profession, was raised in this period and wrote the Kitâb al-khayl wa’l-furûsiyye wa’l-bayṭara, the first original work in the field of veterinary profession in Islamic civilization.
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
  • No title

    • Authors: Muhammet ARSLAN
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
  • A Service of Ethics to Philosophy

    • Authors: William M. SALTER
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
  • Philosophical Foundations of Modern Western Thought: An Assessment of
           Religion and Human Perception, Tuncay İmamoglu

    • Authors: Merve Sevde UÇAR
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
  • The Lamenting Woman Scene in the Pre-Islamic Poem: A Descriptive Study

    • Authors: Hafel AL YOUNES; Mucahit EKİNCİ
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
  • Marbled City: A Suggestion Instead of ‘Islamic City’

    • Authors: Yusuf ŞAHİN; Arzu YILMAZ ASLANTÜRK
      Abstract: Conceptualization is an attempt to abstract by simplifying the complex network of relationships in real life. Thus, the success of a conceptualization depends on its ability to explain reality. It is claimed that the concept of “Islamic city”, which started with Weber and continues to be used by Orientalists, is an effort to conceptualize the cities in which Muslims live, detached from the reality. Over time, Orientalists have also brought criticism towards the concept of “Islamic city”. But, interestingly, the concept has continued to be used up to the present. This conceptualization seems to be problematic in two respects: First, with this concept, the cities where Muslims live are cast into an ideal mold. Secondly, through this conceptualization, all the problems in the cities where Muslims live are referred to “Islam”. In this study, instead of the “Islamic city”, the conceptualization of “marbled city” is used based on the “art of marbling”. In this context, the aim of the study is to develop a conceptual proposal based on the interaction and relevance it contains, rather than the standard Islamic city conceptualizations in the orientalist view. It is thought that the concept of “marbled city” is capable of eliminating two deficiencies in the concept of “Islamic city”. Accordingly, the concept of “marbled city” can also take into account the peculiarity of many cities where Muslims live; moreover, it is argued that it may prevent the convenience of referring the shortcomings of Muslims living in cities to “Islam”.
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
  • The Adduce (istişhâd) with Poetry in the Science of Fiqh: The
           Case of al-Mabsût

    • Authors: Ünal ŞAHİN
      Abstract: Poetry is a literary genre that has found a place even in the oldest civilizations. Each society has attributed a special importance to poetry, and this situation has been differed according to the culture where it fed. Poetry and poet had a very special place in Arabic society at the pre-Islamic era and they were seen as the greatest and most effective means of artistic activity. In this respect, it is possible to say that the Arab society before Islam had a very close connection with poetry and poets. The masterpieces of the word embodied in the language of the poets and gave direction to the society of that time. Because poets know very well the oral tradition and the subtle meanings of words, their use of a word by other people has been accepted as deduction. With the advent of Islam, the poems of poets were consulted for a better understanding of the Qur’an and for the explanations of some words. In Islamic sciences, istishhad with the poems of poets has been used not only in commentators works but also in almost all other disciplines. Faqihs also included poets and their poems in their works and made istishhad with the words they used. By this study, we discussed the points that the fuqaha adduced (istishhad) with the poems of the poets. Sarakhsi (d. 483/1090) al-Mabsût was preferred, especially because it is an authoritative text in the Hanafî madhhab, deeply affecting all the fuqaha who came after it, and having many points of istishhad with poetry. In the first part of this study, the subject of poetry and istishhad in the early periods of Islam will be discussed. Secondly, the problem of authentication in the poems that Sarakhsi adduced (istishhad) will be emphasized. Additionally, the points what points Sarakhsi adduced by using poems will be discussed.
      PubDate: Thu, 15 Dec 2022 00:00:00 +030
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