Subjects -> RELIGION AND THEOLOGY (Total: 697 journals)
    - BUDDHIST (14 journals)
    - EASTERN ORTHODOX (1 journals)
    - HINDU (6 journals)
    - ISLAMIC (148 journals)
    - JUDAIC (22 journals)
    - OTHER DENOMINATIONS AND SECTS (4 journals)
    - PROTESTANT (22 journals)
    - RELIGION AND THEOLOGY (448 journals)
    - ROMAN CATHOLIC (32 journals)

ISLAMIC (148 journals)                     

Showing 1 - 149 of 149 Journals sorted alphabetically
Abgadiyat     Hybrid Journal   (Followers: 3)
Afkaruna : Indonesian Interdisciplinary Journal of Islamic Studies     Open Access  
Ahkam : Jurnal Hukum Islam     Open Access  
Ahkam : Jurnal Ilmu Syariah     Open Access   (Followers: 1)
AJIS : Academic Journal of Islamic Studies     Open Access  
Al 'Adalah : Jurnal Hukum Islam     Open Access  
AL QUDS : Jurnal Studi Alquran dan Hadis     Open Access  
Al-Albab     Open Access   (Followers: 1)
Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman     Open Access   (Followers: 1)
Al-Bayan : Journal of Qur’an and Hadith Studies     Hybrid Journal   (Followers: 1)
Al-Dzikra : Jurnal Studi Ilmu al-Qur'an dan al-Hadits     Open Access  
Al-Fikra     Open Access   (Followers: 1)
Al-Hikmah     Open Access  
Al-Iqtishad : Journal of Islamic Economics     Open Access   (Followers: 2)
Al-Jami'ah : Journal of Islamic Studies     Open Access   (Followers: 5)
Al-Mabsut : Jurnal Studi Islam dan Sosial     Open Access  
Al-Maslahah Jurnal Ilmu Syariah     Open Access  
AL-QANTARA     Open Access   (Followers: 3)
Al-Tadzkiyyah : Jurnal Pendidikan Islam     Open Access  
Al-Tahrir     Open Access  
Al-Tijary : Jurnal Ekonomi dan Bisnis Islam     Open Access   (Followers: 1)
Al-Ulum     Open Access   (Followers: 1)
An-Nisbah : Jurnal Ekonomi Syariah     Open Access   (Followers: 1)
Analisis : Jurnal Studi Keislaman     Open Access  
Annida'     Open Access  
Ar-Raniry : International Journal of Islamic Studies     Open Access   (Followers: 2)
Arabiyat : Jurnal Pendidikan Bahasa Arab dan Kebahasaaraban     Open Access  
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access   (Followers: 1)
Asian Journal of Middle Eastern and Islamic Studies     Hybrid Journal   (Followers: 1)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
At-Ta'dib Jurnal Kependidikan Islam     Open Access  
At-Tabsyir : Jurnal Komunikasi Penyiaran Islam     Open Access  
At-Taqaddum     Open Access  
at-turas : Jurnal Studi Keislaman     Open Access  
At-Turats     Open Access  
Attarbiyah : Journal of Islamic Culture and Education     Open Access  
BELAJEA : Jurnal Pendidikan Islam     Open Access  
Berkeley Journal of Middle Eastern & Islamic Law     Open Access  
Bina' Al-Ummah     Open Access  
Cakrawala : Jurnal Studi Islam     Open Access  
Dauliyah Journal of Islamic and International Affairs     Open Access   (Followers: 2)
De Jure: Jurnal Hukum dan Syar'iah     Open Access   (Followers: 1)
Dimas : Jurnal Pemikiran Agama untuk Pemberdayaan     Open Access  
Dirāsāt : Jurnal Manajemen dan Pendidikan Islam     Open Access  
Economica : Jurnal Ekonomi Islam     Open Access   (Followers: 1)
Edukasi : Jurnal Pendidikan Islam     Open Access  
edureligia : Pendidikan Agama Islam i     Open Access  
El-Harakah     Open Access  
Episteme : Jurnal Pengembangan Ilmu Keislaman     Open Access  
Fenomena : Journal of Islamic Studies     Open Access  
FOKUS : Jurnal Kajian Keislaman dan Kemasyarakatan     Open Access  
Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam     Open Access  
Hayula : Indonesian Journal of Multidisciplinary Islamic Studies     Open Access  
Hikma : Journal of Islamic Theology and Religious Education     Hybrid Journal  
History of Islam and Iran     Open Access   (Followers: 3)
HONAI : International Journal for Educational, Social, Political & Cultural Studies     Open Access  
Hukum Islam     Open Access  
Ijtimaiyya : Jurnal Pengembangan Masyarakat Islam     Open Access  
Ikonomika : Jurnal Ekonomi dan Bisnis Islam     Open Access  
Indonesian Journal of Islam and Muslim Societies     Open Access   (Followers: 1)
INSANCITA : Journal of Islamic Studies in Indonesia and Southeast Asia     Open Access  
Insaniyat : Journal of Islam and Humanities     Open Access   (Followers: 1)
Intellectual History of the Islamicate World     Hybrid Journal  
International Journal of Islam in Asia     Full-text available via subscription  
International Journal of Islamic Economics and Finance Studies     Open Access   (Followers: 3)
International Journal of Islamic Marketing and Branding     Hybrid Journal   (Followers: 5)
International Journal of Nusantara Islam     Open Access   (Followers: 1)
International Journal of Zakat     Open Access  
Intiqad : Jurnal Agama dan Pendidikan Islam     Open Access  
Intizar     Open Access  
Iqtishoduna : Jurnal Ekonomi Islam     Open Access  
İslâm Araştırmaları Dergisi     Open Access  
Islamic Africa     Full-text available via subscription   (Followers: 3)
Islamic Sciences     Open Access  
Islamika Indonesiana     Open Access   (Followers: 1)
ISRA International Journal of Islamic Finance     Open Access   (Followers: 2)
Istawa : Journal of Islamic Education     Open Access  
JAWI     Open Access  
JICSA : Journal of Islamic Civilization in Southeast Asia     Open Access  
Journal of Abbasid Studies     Hybrid Journal   (Followers: 3)
Journal of Arabic and Islamic Studies     Open Access   (Followers: 5)
Journal of Indonesian Islam     Open Access  
Journal of Islamic and Near Eastern Law     Open Access   (Followers: 3)
Journal of Islamic Education     Open Access   (Followers: 1)
Journal of Islamic Ethics     Open Access  
Journal of Islamic Philosophy     Full-text available via subscription   (Followers: 6)
Journal of Islamicjerusalem Studies     Open Access   (Followers: 1)
Journal of Malay Islamic Studies     Open Access  
Journal of Muslim Mental Health     Open Access   (Followers: 6)
Journal of Muslims in Europe     Hybrid Journal   (Followers: 2)
Journal of Shi'a Islamic Studies     Full-text available via subscription   (Followers: 3)
Journal of Sufi Studies     Hybrid Journal   (Followers: 1)
Juris (Jurnal Ilmiah Syariah)     Open Access  
Jurisdictie Jurnal Hukum dan Syariah     Open Access   (Followers: 1)
Jurnal Ekonomi dan Bisnis Islam (Journal of Islamic Economics and Business)     Open Access  
Jurnal Living Hadis     Open Access  
Jurnal Pendidikan Islam     Open Access   (Followers: 2)
Jurnal Studi Al-Qur'an     Open Access  
Jurnal Theologia     Open Access  
Jurnal Ushuluddin     Open Access  
Kader     Open Access  
KALAM     Open Access  
KARSA : Jurnal Sosial dan Budaya Keislaman     Open Access   (Followers: 2)
Kodifikasia     Open Access  
Kontemplasi : Jurnal Ilmu-Ilmu Ushuluddin     Open Access  
Les cahiers de l'Islam     Free   (Followers: 1)
Madania : Jurnal Ilmu-Ilmu Keislaman     Open Access  
Medina-Te : Jurnal Studi Islam     Open Access  
Muqarnas Online     Hybrid Journal   (Followers: 4)
Muslim Heritage     Open Access  
Nadwa : Jurnal Pendidikan Islam     Open Access  
New Perspectives on Turkey     Full-text available via subscription   (Followers: 2)
Nuansa : Jurnal Penelitian Ilmu Sosial dan Keagamaan Islam     Open Access  
Nurani     Open Access  
Potensia : Jurnal Kependidikan Islam     Open Access  
Profetika Jurnal Studi Islam     Open Access  
Psikis : Jurnal Psikologi Islami     Open Access  
QURANICA : International Journal of Quranic Research     Open Access  
Refleksi     Open Access  
Reflektika     Open Access  
Religia     Open Access  
Religions of South Asia     Hybrid Journal   (Followers: 7)
Review of Middle East Studies     Full-text available via subscription   (Followers: 11)
Revista de Estudios Internacionales Mediterráneos     Open Access  
Ruhama : Islamic Education Journal     Open Access   (Followers: 1)
Shii Studies Review     Hybrid Journal  
Sociology of Islam     Hybrid Journal   (Followers: 4)
Studia Islamica     Hybrid Journal   (Followers: 3)
Studia Islamika     Open Access   (Followers: 1)
Studies in Islam and Psychology     Open Access  
Ta'dib     Open Access  
Tadrib : Jurnal Pendidikan Agama Islam     Open Access  
Tadris : Islamic Education Journal     Open Access  
Tajdida : Jurnal Pemikiran dan Gerakan Muhammadiyah     Open Access  
TARBIYA : Journal of Education in Muslim Society     Open Access   (Followers: 2)
Tarbiyatuna     Open Access  
Tawazun : Jurnal Pendidikan Islam     Open Access  
Teosofi : Jurnal Tasawuf dan Pemikiran Islam     Open Access   (Followers: 1)
Teosofia : Indonesian Journal of Islamic Mysticism     Open Access  
The Islamic Culture     Open Access  
Tidsskrift for Islamforskning     Open Access  
Tsaqafah : Jurnal Peradaban Islam     Open Access  
Ulul Albab     Open Access  
Ulumuna : Journal of Islamic Studies     Open Access  
VFAST Transactions on Islamic Research     Open Access   (Followers: 1)
Wahana Akademika : Jurnal Studi Islam dan Sosial     Open Access  
Walisongo : Jurnal Penelitian Sosial Keagamaan     Open Access   (Followers: 1)
Wardah : Jurnal Dakwah dan Kemasyarakatan     Open Access  
Wawasan     Open Access   (Followers: 1)

           

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Journal Cover
İslâm Araştırmaları Dergisi
Number of Followers: 0  

  This is an Open Access Journal Open Access journal
ISSN (Print) 1301-3289
Published by DergiPark Homepage  [187 journals]
  • No title

    • Authors: Sümeyye PARILDAR
      PubDate: Wed, 09 Feb 2022 00:00:00 +030
       
  • A Summary or an Independent Work' An Inquiry on the Connection Between
           Rawḍat al-nāẓir and al-Mustaṣfā

    • Authors: Muhammed Usame ONUŞ
      Abstract: The Hanbali school of law has, since its formation, been distinct in its approach to the juristic methodology and theology. While the juristic activities of the other schools of law can be traced back to early Islamic history, the first remarkable juristic effort of the Hanbali school appeared only in the first half of the fifth/eleventh century. The first complete work on the principles of Islamic jurisprudence, titled al-ʿUddah fī uṣūl al-fiqh by Abū Yaʿlā al-Farrāʾ, was a product of this effort. Farrāʾ’s students advanced this effort; Abu al-Khaṭṭāb al-Kalwadhānī’s (d. 510/1116) al-Tamhīd fī uṣūl al-fiqh and Abū al-Wafāʾ Ibn ʿAqīl’s (d. 513/1119) al-Wāḍiḥ fī uṣūl al-fiqh grew into prominent works within the school. These three works, which did not have a long-lasting impact on the Hanbali school, seem to have been written based on works in the Muʿtazilī and Ashʿarī traditions. In addition, we do not have sufficient information to determine whether these sources were adopted as textbooks or were the subject of commentary or summary. This fact may be because these works include certain issues that contradict the distanced attitude of the Hanbalis to theological problems or because they were based on certain books authored by scholars and groups who have traditionally been opponents of the Hanbalis. In addition to these three works, many works on the principles of Islamic jurisprudence were authored by Hanbali scholars, a majority of whom were Farrāʾ’s students, until Muwaffaq al-Dīn Ibn Qudāma (d. 620/1223) wrote Rawḍat al-nāẓir. However, as these works have not survived to the present, we find limited information on their contents in relevant sources. This fact shows that the focus by “Farrāʾ and his students” on the principles of Islamic jurisprudence should not be viewed as representative of the general Hanbali school of law, and that a lack of interest in legal issues mixed with theological issues still persists. The fact that Ibn Qudāma’s Rawḍa was based on al-Mustaṣfā by al-Ghazālī, who was one of the most prominent representatives of the Ashʿarī school, raised questions on the nature of Ibn Qudāma’s use of al-Mustaṣfā. While some scholars hold that Rawḍa was a summary of al-Mustaṣfā, some view it as more than merely a summary of al-Mustaṣfā despite an extensive resemblance between the two texts. In any case, all concur that Rawḍa was principally based on al-Mustaṣfā. Therefore, one may expect that Rawḍa would receive similar reactions as previous works on the principles of Islamic law because of its reliance on a work in the Ashʿarī school. However, even though Ibn Qudāma has been criticized for his inclusion of an introduction on logic by following Ghazālī, Rawḍa, unlike previous works, was received positively by the school and was adopted as a textbook in teaching. This could be because the author tried to save Rawḍa from the shadow of al-Mustaṣfā by making interventions related to its content and classifications; he thereby dressed up his work with a Hanbali identity. He chose to be selective in addressing issues with theological connotations and respected the sensitivities of his school. He reordered issues discussed in al-Mustaṣfā and added previous Hanbali scholars’ views on the principles of Islamic law. The most remarkable interventions in Rawḍa were related to theological issues. Even though Ibn Qudāma quoted from Ghazālī on many occasions, he disregarded Ghazālī and remained selective while discussing certain issues with theological connotations. This attitude distinguishes Rawḍa from the works penned by previous Hanbali scholars. Considering the fact that previous works containing theological discussions held a marginal place within the school, one of the most critical factors for Rawḍa’s positive reception and its adoption as a textbook may have been that Ibn Qudāma wrote a book on the principles of the Islamic law by observing the Hanbali principle of believing by “sukūt (silence)” and “bilā kayf (without asking ‘how’).” Therefore, a book on the principles of the Islamic law that conformed with the school’s traditional line appeared for the first time. Further, Ibn Qudāma’s reliance on a work in the Ashʿarī school can be explained by the fact that Ashʿarī thought held a unique place as a field for intellectual discussions among the Sunnis. In addition, a scholarly milieu shaped by the powerful Shāfiʿī scholars existed in the time and place Ibn Qudāma lived.
      PubDate: Wed, 09 Feb 2022 00:00:00 +030
       
  • A Critical Edition and Analysis of Ṣadr al-Shahīd’s Kitāb Masā’il
           al-shuyū‘

    • Authors: Abdulhalik UYGUR
      Abstract: This article deals with the book Kitāb Masā’il al-shuyū‘, authored by the famous jurist ‘Abd al-‘Azīz b. ‘Umar b. Māza al-Bukhārī (d. 536/1141), nicknamed as Ṣadr al-Shahīd, who lived in the later period of Karakhanids in Bukhārā. The study consists of two main sections, including an analysis (dirāsa) and a critical edition (taḥqīq) of the book. The analysis section opens with the life and scholarship of Ṣadr al-Shahīd. I have found that the author was a jurist and statesman within the large Burhān family, which reigned the city of Bukhārā for half a century. After studying with many scholars, especially his father, he rose to the rank of Shaykh al-Islām in Bukhārā. He made significant contributions to Islamic culture with his students and more than 20 books on various subjects. Among the several famous students of Ṣadr al-Shahīd are Raḍiyy al-Dīn Muḥammad b. Muḥammad as-Sarakhsī (d. 571/1176), Sharaf al-Dīn ‘Umar b. Muḥammad al-‘Aqīlī (d. 576/1180), Abū al-Ḥasan ‘Ali b. Abū Bakr al-Marghīnānī (d. 593/1197), and Burhān al-Dīn Maḥmūd b. Aḥmad al-Marghīnānī (d. 616/1219).In the study, I have also identified the libraries containing the works of Ṣadr al-Shahīd and reviewed the library records to learn more about the author’s oeuvre. Important books by Ṣadr al-Shahīd include: Sharḥ Adab al-qāḍī (a commentary on Adab al-qāḍī), al-Wāqi‘āt, Sharḥ al-Jāmi‘ al-ṣaghīr (a commentary on al-Jāmi‘ al-ṣaghīr), Sharḥ al-Jāmi‘ al-kabīr (a commentary on al-Jāmi‘ al-kabīr), Sharḥ al-Ziyādāt (a commentary on al-Ziyādāt), Sharḥ Mukhtaṣar ‘Iṣām (a commentary on Mukhtaṣar ‘Iṣām), Sharḥ Kitāb al-Nafaqāt (a commentary of Kitāb al-Nafaqāt), Sharḥ al-Mukhtaṣar al-Kāfī (a commentary on al-Mukhtaṣar al-kāfī), and Sharḥ Mukhtaṣar al-Ṭāḥāwī (a commentary on al-Mukhtaṣar). Ṣadr al-Shahīd died in 536/1141 in the Qaṭwan War between Sultan Sanjar and the Qarakhiṭays.The critical edition section analyzes the book’s content. Though the author could not determine the book’s title, it could be named Kitāb Masā’il al-shuyū‘ based on its content and bibliographical records in historical sources. The author likely wrote the treatise as a supplement to al-Mukhtaṣar al-kāfī, which was written by Ḥākim al-Shahīd (d. 334/945). It is a six-leaf treatise related to the laws of transactions, focusing particularly on shared financial property. In the treatise, the author quotes and conveys the views of Ḥanafi jurists from relevant sources and indicates preferred opinions. The treatise received attention from later Ḥanafi scholars, which is evident by the fact that Ibn Quṭluboghā (d. 879/1474) quoted the treatise in its entirety, with additions, in his Min masā’il al-shuyū‘.Eleven manuscript copies of the treatise exist, but I have reached only seven of them. I have divided these copies into two main groups—the first includes manuscripts preserved at Köprülü Library Fazıl Ahmad Pasha, no. 689, Süleymaniye Library Reisulkuttab, no. 1159, Süleymaniye Library Bağdatlı Vehbi, no. 2088, and Süleymaniye Library Şehid Ali Pasha, no. 1061. All the copies in this group draw upon a copy by Jamāl al-Dīn al-Ḥaṣīrī al-Bukhārī (d. 636/1238). The second group includes Qatar Library, no. 548 (834), Süleymaniye Library Sehid Ali Pasha, no. 2725, and Süleymaniye Library Âtif Efendi, no. 1030. In my study, I chose four copies of the manuscript—three from the first group (Köprülü Library Fazıl Ahmad Pasha, no. 689, Süleymaniye Library Reisulkuttab, no. 1159, Süleymaniye Library Bağdatlı Vehbi, no. 2088), and one from the second group (Qatar Library, no. 548).In the article, I studied Kitāb Masā’il al-shuyū‘ for both its content and style. I checked its references to identify its sources and clarified the concepts that came up in the text.
      PubDate: Wed, 09 Feb 2022 00:00:00 +030
       
  • No title

    • Authors: M. Tahir KILAVUZ
      PubDate: Wed, 09 Feb 2022 00:00:00 +030
       
  • A Critical Edition and Analysis of Kınalızade Ali Efendi’s (d.
           979/1572) Ṭabaqāt al-masāʾil

    • Authors: Orhan ENÇAKAR
      Abstract: Ṭabaqāt al-masāʾil, authored by Ottoman scholar Kınalızade Ali Efendi, is the first independent treatise on the characteristics and sources of the concepts ẓāhir al-riwāya and ghayr ẓāhir al-riwāya. These concepts are used to classify legal responsa of the Hanafi school of law transmitted from the school’s preeminent scholars in respect to their epistemological and referential value. Kınalızade brought together issues discussed in the school under three headings by adding fatāwā—the opinions of jurists who came after Abū Ḥanīfa and his students—alongside these two categories. He defined each category and provided examples. His definitions and categorizations of the concepts, particularly uṣūl and nawādir, influenced the following literature and these two concepts came to be understood according to Kınalızde’s definitions.Ẓāhir al-riwāya appeared as an umbrella concept comprising uṣūl and jawāmiʿ in the legal questions tackled by the Hanafi school. By redefining uṣūl—a concept categorized under the heading of ẓāhir al-riwāya in the early period, firstly by Itqānī (d. 758/1357) and through his influence on certain Hanafi jurists like Bābartī (d. 786/1384), Badr al-Dīn al ʿAynī (d. 855/1451), and Qāsim b. Quṭlūbughā (d. 879/1474)—uṣūl and ẓāhir al-riwāya came to be used interchangeably. Following the same path, Kınalızade wrote an independent treatise on the subject, which led the new definition to circulate in Hanafi circles and opened a path for later scholarship to develop around the new definitions adopted in this treatise.Just like the synonymous usage of uṣūl and ẓāhir al-riwāya, Kınalızade defined the concepts of ghayr ẓāhir al-riwāya and nawādir synonymously. He extended the meaning and scope of nawādir, a concept that had been put mostly under the heading of ghayr ẓāhir al-riwāya. Thereby, certain books, such as al-Raqqiyyāt, al-Kaysāniyyāt, al-Jurjāniyyāt, and al-Hārūniyyāt, which had been known as works of ghayr ẓāhir al-riwāya, came to be known as works of nawādir and were attributed to Shaybānī. However, even though al-Raqqiyyāt and al-Kaysāniyyāt belonged to Shaybānī, they were ultimately amālī works. In addition, while al-Jurjāniyyāt was another amālī work transmitted by Ali b. Ṣāliḥ from Abū Yūsuf, al-Hārūniyyāt belonged to Ḥasan b. Ziyād.Classifying the Hanafi responsa under three categories in Ṭabaqāt al-masāʾil, Kınalızade assigns wider meanings to the concepts uṣūl and nawādir than in earlier periods. Kınalızade extended the meanings of the concepts of ẓāhir al-riwāya and ghayr ẓāhir al-riwāya, which Shaybānī used for identifying books, by adding legal questions and books belonging to Abū Ḥanīfa’s other students. He even formed a classification comprising all issues of the school by adding the responsa of other jurists under the heading of fatāwā. His definitions and classifications have reached us through later scholars who carried them on. The treatise includes some information that does not conform to the early period in its presentation of new definitions of basic concepts under triple classification and for its examples of works. However, it remains significant as the first, and a uniquely independent, treatise on the categorization of the legal responsa in the Hanafi school and for its impact on the ensuing literature.
      PubDate: Wed, 09 Feb 2022 00:00:00 +030
       
  • An Incorrect Conception on Writing and Teaching the Principles of Islamic
           Law and its Implications: The Case of Mafqūd

    • Authors: İbrahim Kâfi DÖNMEZ
      Abstract: When one examines the evidence of “istiṣḥāb” (presumption of continuity of a legal status quo ante), a widely discussed concept in Islamic legal theory, one notices that this concept is connected to the principle “al-yaqīn lā yazūl bi al-shakk” (a certainty is not removed by doubt). This principle’s place in Islamic law can be explained as “to presume the continuity of a past condition—unless a proof is found otherwise,” or, stated more succinctly, “to presume a matter to stay as it was.” This article does not intend to discuss this principle (the fourth article of Mecelle-i Ahkâm-ı Adliyye)—which is one of the five universal principles encompassing the whole of Islamic jurisprudence according to some jurists—but rather aims to draw attention to a misconception in an axiomatically repeated example referenced while discussing the evidential value of “istiṣḥāb al-ḥāl,” which is presented as a kind of istiṣḥāb. It also evaluates the implications of this misconception. A commonly referenced jurisprudential debate suggests that, “According to the Hanafīs, istiṣḥāb is a valid proof for preserving (dafʿ) outcomes depending on the preexisting conditions but is not valid for the occurrence of new conditions (ithbāt); whereas according to the Shafiʿīs, it is valid for both.” An oft-cited example includes the case of a missing person (mafqūd) who left his own residential area and whose wellbeing and status are unknown. The question in this case lies in whether this missing person can inherit property and whether others can inherit the missing individual’s property while he is still absent. Many Hanafī textbooks on the principles of legal theory, as well as recent textbooks on Islamic law, reiterate the following statement: For both the Hanafīs and the Shafiʿīs, the property of the missing person cannot be divided among heirs until the death of the missing person is verified or the court declares the individual dead (istiṣḥāb is valid in dafʿ). However, the two schools hold diverging positions as to whether the missing person can inherit the property of his deceased relatives while he is still missing. According to the Shafiʿīs, the missing person can inherit from them (istiṣḥāb is valid even in the ithbāt), whereas the Hanafīs maintain that the missing person cannot inherit from them (istiṣḥāb is not valid in the ithbāt).This study concludes that the commonly transmitted example of the heirship of a missing person seems to be “a misplaced presumption,” though it has survived to the present through centuries of repetition. The study also examines the widely repeated Hanafī statement that “the missing person is alive for the missing individual’s own rights but dead for others’ rights,” and suggests that the second part of this statement is not a sound expression, but has contributed to the entrenchment of this misplaced presumption.In fact, it seems that both Hanafī and Shafiʿī jurists (and even jurists belonging to the other two schools) applied extensive reasoning in understanding the matter, and almost all of them agreed that the same rules would not apply to both regular heirs and the missing person whose status is still unknown. They emphasized that, considering the missing person might still be alive, the highest possible amount of the person’s share as per inheritance regulations should be reserved and protected until the condition of the missing person is clarified. There seems to be no disagreement among the schools’ positions on this subject. The present research has concluded that the starting point for the position attributed to al-Shafʿī and Shafiʿī scholars on the heirship of a missing person to the one’s deceased relatives—who died while their relative was missing—is based on a statement in al-Dabūsī’s book titled Taqwīm al-adilla. However, his statement is not “according to al-Shafiʿī” or “according to the Shafiʿīs,” but rather is “according to one or some of the Shafiʿī scholars.” Therefore, after a while, to explain the methodological divergence between the schools, Hanafī works on legal theory began circulating the idea that the missing person can inherit from one’s relatives according to the Shafiʿīs, while he cannot do so according to the Hanafīs. The article classifies the Hanafī works on legal theory after al-Sarakhsī under three categories: a) those that prefer not to mention the matter of heirship of the missing person as an example, b) those that cite this example only to explain the Hanafī position, and c) those that give space to this example in order to compare the Hanafī and Shafiʿī methodological approaches.
      PubDate: Wed, 09 Feb 2022 00:00:00 +030
       
 
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