Islamic scholars, who encountered works on the classification of sciences together with their translation activities, formed their own classification traditions by classifying the sciences from different perspective. These classifications, which position the sciences by considering the connection between reason and revelation, and pointing to the hierarchy and relationship between the sciences, also reflect the understanding of science on which they are based. In this context, we can talk about two different classification traditions put forward by Islamic philosophers on the one (...) hand and Islamic scholars on the other. At this point, Tashkoprīzāda (d. 958/1561), one of the 16th century Ottoman scholars, created an original classification of sciences that influenced the future by benefiting from both traditions. Tashkoprīzāda, who sees the classification of sciences as a branch of science at the same time, has written four valuable books in this field, especially his book called Miftāhu’s-sa‘āda. These works contain rich information about the history of sciences as well as the classification of sciences. He determined the sciences of fiqh and usūl al-fiqh as a sub-branch of shar‘ī sciences and gave both historical and current information about these sciences by focusing on the works of influential scholars. Tashkoprīzāda, who is followed Hanafi sect and saw the Hanafi school as the most virtuous one, handled the fiqh section by putting the Hanafi school in the center. One of the remarkable points is that Tashkoprīzāda completed the part in which he dealt with the historical process of Hanafi fiqh with two great scholars, such as Mewlānā Calāleddīn al-Konewī (v. 672/1273) and Sheikh Badraddin as-Simāwī (v. 823/1420), who stood out with their Sufism. It is also important in terms of showing the mystic environment in which Tashkoprīzāda was influenced and his approach to the relationship between tasawwuf and fiqh. Another point that makes Tashkoprīzāda’s works stand out in terms of the history of sciences is that he mentions famous and acceptable works by referring to the curriculum of his period and surroundings. Thus, Tashkoprīzāda reveals the classification of sciences as a whole with its history, hierarchy and curriculum. (shrink)

The scholars have different theories concerning Islam coming to Nusantara. They believed that the first community to accept Islam was the residents of the coastal areas of Sumatera, Java, Sulawesi, Kalimantan, Maluku, Nusa Tenggara, and Papua. Afterward, Islam was disseminated to rural areas throughout the Nusantara including fiqh (Islamic jurisprudence), one of the fundamental teachings of Islam. This reception was surely through a long process and resistance from the indigenous residents of the Nusantara who already had local religions and (...) beliefs practiced continuously by hereditary generations. Badui in Banten and Kampung Naga, West Java were indigenous residents of the island. This article seeks to discuss the negotiating process of fiqh among Badui and Kampung Naga’s communities from historical and anthropological viewpoints. This article argues that the negotiating of fiqh by the community of Badui is limited to particular cases such as marriage and inheritance. While the community of Kampung Naga receives the majority of fiqh. The negotiating of fiqh in both communities was influenced strongly by their interaction with outside communities and also state power. (shrink)

This paper centers its analysis around the remarkable work of the transdisciplinary commentary al-Minaḥ al-quddūsiyya, written by the Algerian scholar Aḥmad al-ʿAlawī (d. 1934). Although they are incredibly rare in the Islamic textual tradi­tion, transdisciplinary commentaries are commentaries that are written in a discipline different from that of the base texts upon which they build. In the case of the Minaḥ, al-ʿAlawī wrote his text as an entirely Sufi commentary upon Ibn ʿĀshir’s (d. 1040/1631) al-Murshid al-muʿīn, a didactic poem that (...) is often categorized as a work of Mālikī fiqh. Through an examination of the text of the Minaḥ and the biography of its author, this paper aims to uncover why al-ʿAlawī wrote his commentary and what his ideological assumptions were that allowed him to approach Ibn ʿĀshir’s Murshid in such a novel manner. (shrink)

Due to the current shifting regional paradigms in the Middle East brought on by the series of popular uprisings known as the Arab Spring, this article focuses on the issue of minority rights within modern Islamic theorizing. Evaluating the writings of Islamic intellectuals such as Tariq Ramadan, Abdullah Ahmed An-Na’im and Rashid Al-Ghannushi, the article finds that there are indeed constructs available within modern Islamic theorizing that can help resolve current minority problems within Arab societies, albeit with the addition of (...) human rights discourse on citizenship and multiculturalism. Noting that minority–majority relations are a global problem, as seen through case studies of the United States and Europe, human rights discourse, cultural relativism and religion are explored, concluding that Islamic theorizing is a blend of the three. Turning to usul al fiqh, it is concluded that traditional Islamic approaches to minority rights fail to incorporate anything but religious minorities and those religious minorities are second-class citizens under shariah interpretation. The rise of the Ottoman millet system eventually helped shape the collective identity for minority groups, but it still placed sole emphasis on religious minorities and treated all minorities as unequal subjects under the sultanate. Building on the constructs of modern Islamic theorizing and expanding to include the concepts of multiculturalism and territorial citizenship, this article asserts that for minority–majority struggle to be solved, modernist Islamic theorists must transcend the traditional Islamic minority paradigm and instead promulgate citizenship as a basis for equality in society, applying new ijtihad for a fresh, integrative interpretation of minorities within Islam and the civil state. (shrink)

al-Juzʼ al-awwal. Ibn Rushd min al-fiqh ilá al-falsafah -- al-Juzʼ al-thānī. al-Naẓar al-fiqhī fī falsafat Ibn Rushd.

Ancient Arabic literature dealt with linguistic sciences such as sarf, nahiw, belagha and Islamic sciences such as fıqh, hadith and tafsîr. This is known to the elite and the common people. But what is hidden and forgotten is that Arabic literature also includes the foundations and rules of modern sciences such as sociology and economics. Among the ancient Arabic literature is the writing of Maqamat, which holds an important position among the masterpieces of Arabic literature. For this reason, it is (...) important to study the writing of Maqamat from the perspective of the various disciplines of Islamic sciences and modern sciences. This study deals with fıqh and economic issues within the framework of Al-Hariri’s famous book, Maqamat. The aim of the study is to reveal the fıqh and economic aspects of Makamat writing through Hariri's Makamat as an exemplary study. The approach followed by the study is to select three maqama from Al-Hariri’s book, which contained fifty complete maqama, and to search for what is in them of fıqh and economics. Accordingly, the study includes three main headings, and in these three headings, fıqh, farâid (inheritance law) and economic issues are discussed, respectively. Although the science of farâid (inheritance law) is a branch of fıqh, it is singled out for mention independently because it has its own rulings. The study examined the jurisprudential aspect of the Maqamat in the thirty-second maqama called “the Tayyibi Maqamat,” the aspect related to the science of farâid in the fifteenth maqama called “the Faradiya Maqamat,” and the economic aspect in the forty-ninth maqama called “the Sassanid Maqamat.” The method followed by Hariri in her book is to present the issues in the form of stories through two fictional characters, Haris bin Hammam and Abu Zayd, whom she chose as mirrors reflecting the two opposing identities of the society. Abu Zaid appears in different forms and in various clothes. He sometimes appears as a beggar who deceives and a thief who betrays, and at other times as a preacher who advises and a scholar who guides. Rather, he is an imaginary character that Hariri put in place. Wherever he went, he met Al-Harith bin Hammam and the strange and adventurous incident begins, or he appears as a person from whom Al-Harith narrated the incident and the story. Harith is the person who always warns his against bad things, orders his to do good, and sometimes condemns his if he does evil. The results obtained in the study are, first of all, the determination that the Makâmât writing deals with the subjects of the science of fiqh as in the thirty-second makama and the subjects of the science of farâid (inheritance law) as in the fifteenth makama and the subjects of economics as in the forty-ninth makama. It is seen that some of the principles put forward by Adam Smith years later were also present in the Maqamat literature centuries ago. The fact that fiqh views are according to the Shafi'i sect shows that the Shafi'i sect was widespread in the region at that time. Additionally, as can be understood from the forty-ninth makama, there is also a profession of begging in the society where Hariri lives. The study also reveals the society's interest in, submission to, and acceptance of moral principles at that time, and shows that the Arabic language reached its peak during this period. (shrink)

Jamal Al-Banna, the 20 th century reformist and thinker, in his book _Nahwu al-Fiqh al-Jadid,_ outlines ideas about new Islamic jurisprudence, especially about the collection of _hadith_, which he considers to be fabricated _hadith_ because it contained the sayings or interpretations of the companions, not the sayings of the Prophet. Al-Banna offers an alternative to the hadith and sunnah, in line with the Qur'an, not according to the companions’ narration. This study utilized a qualitative research design, with data collected (...) through library and desk research. The primary source was Al-Banna’s _Nahwu al-Fiqh al-Jadid_, the hadiths and the sunnah, while the secondary material comprised books and critical commentaries of religious scriptures. The study found out that Al-Banna vouches for a new Islamic jurisprudence that believes in the Qur'an but rejects the _tafsir_ (exegesis of the Quran) because, they were a kind of deviation from the Quran. Al-Banna’s new Fiqh paid attention to the sunnah, and rejected many fabricated _hadith_s originating from companions’ words, not the Prophet Muhammad's words. He recommends to initiate a new perspective on the sunnah, using the Qur'an paradigm, not the _hadith_ narrators' paradigm. There are implications of these revelations as _Hadith_ experts criticized Al-Banna’s ideas as they thought his narration of the companions was not justified and that caused much controversy. However, Jamal Al-Banna's new version of Islamic jurisprudence has a vision and mission to advance the ummah based on the criteria of the Qur'an and Sunnah, only the words of the Prophet, both of which must be able to answer current problems and must be able to interact with contemporary dynamics. (shrink)

Faults; religious aspects; Islam; Islamic daʻwah.

Islam; customs and practices; Islamic ethics; Islamic law.

Islamic education; Islam and politics; Morocco; Ibn al-ʻArabī; Muḥammad ibn Tūmart; comparative study.

The teachings of Islam and the Indonesian constitution clearly prohibit interfaith marriage. However, some Muslim communities in North Sulawesi as a minority group have entered into interfaith marriages. Therefore, this study aims to analyze the phenomenon of interreligious marriage in North Sulawesi and the achievement of minority fiqh objectives in interfaith families. This research is a field research that uses qualitative methods with a phenomenological approach. Data collection was conducted through interviews with informants consisting of 5 interfaith marriage actors, (...) 1 village official, and 1 religious leader. The results showed that the main motivation for interfaith couples to marry is mutual love. They also tend to get support from their respective extended families so that the marriage runs relatively smoothly and safely. The objectives of minority fiqh are achieved in interfaith marriages in the multicultural society of North Sulawesi. Minority fiqh can be an approach in interfaith marriages in multicultural societies where Muslims are a minority, without losing their Islamic essence, it is based on the fiqh rule that changes in law can occur due to changes in times and places. Minority jurisprudence can be an alternative basis for the sustainability of interfaith families in North Sulawesi that are able to maintain their Islamic identity while still respecting their partner's beliefs. (shrink)

This article examines the influence of the Hanafī philosophy of the Mamlūk period on the early Ottoman fiqh studies. Since the Egyptian and Damascus regions, which were under the rule of the Mamlūks, became the most important centres of knowledge in the Islamic world, it is understood that the Mamlūks’ scientific knowledge was superior to the Ottomans. On this occasion, many scholars who were considered the leading figures of the Ottoman scientific community turned to Egypt and Damascus regions and (...) benefited from the scientific accumulation there. In fact, these scholars who played an active role in the formation of the Ottoman scientific environment completed their education in Damascus and Egypt under the rule of the Mamlūks and graduated from the Mamlūk education system and assumed important roles in the formation of the Ottoman science understanding. During this period, the Hanafī judges (fuqahāʾ), who were active in the Mamlūk community, contributed to the development of the leading names of the Ottoman scientific community and this thought had an impact on their understanding of science. In this context, it is possible to say that the fiqh studies of the Ottomans in the first period were influenced by the Mamlūk Hanafī who had their characteristics. The two main characteristics of Hanafī thought in the Mamlūk period, the hadīth-centred juristic (fiqh) idea and the method of mamzûc (mixed) fiqh style are also seen in Ottoman fiqh works.Summary: In this article, the effect of Hanafī fiqh thought on the early Ottoman fiqh studies in Mamlūk period is discussed. While the Ottomans did not yet establish a scientific tradition in the period of foundation and ascension, many Mamlūk cities replaced Baghdad as the centre of knowledge of the Islamic world. Because the Mongol invasion, the crusades and the destruction of Andalusia due to reasons such as many scholars displaced by the Mamlūks settled there. Especially during this period, Egypt and Damascus, which were under the rule of the Mamlūks, became the most important centres of science in the Islamic world. In this respect, 14th-16th It is accepted that the science level of the Mamlūks was quite superior to the Ottomans in the 16th century. On this occasion, many scholars who are considered as the leading names of the Ottoman scientific community turned to Egypt and Damascus regions and benefited from the scientific accumulation there. Osman Ghāzī’s teacher and father-in-law, Sheikh Edebālī, Davud-i Kayserī, Sheikh Bedreddin, Molla Fanārī, Molla Gürānī are some of these scholars. In addition to these, scholars such as Muhsin-i Kayserī, Germiyanlı Poet Ahmedī, Hacı Paşa, Celāleddin Hızır, İbnü’l-Cezerī and İbn Arabşāh have also studied science in Egypt and Damascus. These scholars, who played an active role in the formation of the Ottoman scientific environment, completed their education in Damascus and Egypt under the rule of the Mamlūk and after graduating from the Mamlūk education system, they played an important role in the formation of the Ottoman science understanding. Sheikh Edebālī was accepted as one of the scientific and spiritual leaders of the Ottoman Empire. Davud-ı Kayserī was the first chief professor of İznik madrasah, the first Ottoman madrasah. Molla Fanārī had the privilege of being the first Ottoman shaykh al-Islām. Molla Gürānī became the teacher of Fatih Sultan Mehmed. During this period, the Hanafi faculties, which were active in the Mamlūk science community, contributed to the growth of the leading names in the Ottoman science community. Molla Fanārī, Seyyid Şerif Cürcānī, Shaykh Bedreddin and Poet Ahmadī have learned lessons from Bābertī, who important Hanafī scholars in Egypt. The idea of Hanafī fiqh in the Mamlūk period influenced the studies of the Ottoman fiqh in the first period. In this context, Molla Khüsrev refers to Zeyla‛ī and Bābertī, the leading Hanafī scholars of Mamlūk in many parts of his work, although he did not go to the regions dominated by the Mamlūks. The two main characteristics of the Hanafī thought in the Mamlūk period were the hadith-centred fiqh thought and mamzûc (mixed) method of fiqh. In the Mamlūk period, hadith studies which were not seen before in Hanafī sect were done. During this period, Hanafī jurists spent time in the field of hadith such as Ibn Balabān, Ibn Turkmānī, Zeylaʻī, Kuraşī, Mogoltay b. Kılıç, Bedruddīn Aynī, Ibn Kutluboğa, Serūcī, Bābertī, İbnü’l-Humām, İbnü’l-‛Adīm. They tried to eliminate the lack of studies in the field of hadith in the Hanafī circles while their studies certainly require hadith expertise. As a result of the works of these jurists in the field of hadith, the basic sources were frequently included in the fiqh studies in the Mamlūk period and, the hadiths were started to be made. The influence of this understanding, which had an important place in the thought of the fiqh of Hanafī during the Mamlūk period, can be seen in the Ottoman fiqh works in the first period. In this context, Molla Khüsrev, in his work with the influence of the early Ottoman jurists who had been educated in Egypt before him, gave some basic sources of hadith and sometimes gave information about the reliability of hadiths. On the other hand, it is possible to say that this issue is quite insufficient in Ottoman fiqh works when compared with Hanafi jurists of the Mamlūks. A comparison of Ibnü’l-Humām’s Fethü’l-kadīr and Netāicu’l-efkār, which was performed by Kādızāde order to complete it, can be compared. Apart from that, there are different attitudes between Şürünbülālī and Şeykhi-zāde known as Damad Efendi, they lived in the same period. Şürünbülālī, one of the Egyptian scholars of the Ottoman period generally gave the hadiths from the basic hadith sources in his work Merāki’l-felāh, while Şeyhīzāde did not obey this issue and rarely included basic hadith sources in his work Mecma‛ü’l-enhur. These differences can be explained by the necessity of the scientific environment. Because the Hanafīs were accused of not using hadith in Egypt and its environs, the Hanafī jurists living in this region should have directed them to be more rigorous about the hadith. However, since the Hanafī jurists living in other Ottoman regions did not have such a problem, they probably did not feel the need to refer to the main sources of hadith in the power of hadiths. Therefore, it can be said that the scientific environment and the need arising in this direction lead to different attitudes of the jurists living in the same period. The mamzûc (mixed) method starting with Ibnu’s-Sāātī, In the 8th-century, it was especially effective on the idea of ​​the fiqh style of Hanafī jurists. Although the first name of the mamzûc (mixed) method, Ibnu’s-Sāātī, was not one of the scholars of the Mamlūk period, the influence he initiated was more common in the Mamlūk period and became one of the characteristic features of the Hanafī fiqh thought in this period. Therefore, it is understood that the majority of Hanafī jurists had a gratified method. In addition to this, it is seen that Ottoman jurists who were educated in and around Egypt write procedural works in grammatical style. Molla Fanārī's work Fusūlü’l-Bedāyi is the most important example of this genre. Moreover, even Molla Khüsrev, who had not gone to Egypt and his surroundings, wrote a memoir-like work called Mir’ātü’l-Usûl. The works of these two authors show that the Ottoman jurists were influenced by the Mamlūks. As a result, it is possible to say that the fiqh studies in the early period of the Ottomans were influenced by the Mamlūk Hanafīs who had their characteristics. The hadith-centred fiqh thought and mamzûc (mixed) fiqh style understanding had an impact on the early Ottoman fiqh studies. (shrink)

The ramifications of modernity and the resultant challenges compelled Ottoman intellectuals and state officials to contemplate matters like as innovation, progress, and change. The pursuit of remedies to eradicate political, military, and economic deficiencies was similarly evident in the legal domain. Ziya Gökalp articulated his perspectives on the origins, societal efficacy, and adaptability of law within the framework of the Turkism movement, presenting several methodologies that redefined the interplay among religion, law, society, and state. The most characteristic method among them (...) is the internal sociological methodology of law, which he equated with his own identity. Other Turkist figures of the time supported this theory, which aimed to bring dynamism to Islamic law in line with modern demands and changing conditions, as well as to establish a national law-society-state relationship. Another approach put forward by Gökalp was based on the distinction between legal (qāḍāī) and ethical/spiritual (diyānī) aspects that were established in traditional Islamic law. In Gökalp's intellectual life that extends from the last years of the Ottoman Empire to the first years of the Republic, two different stages stand out. Gökalp, who tended to restructure jurisprudential concepts with an original interpretation in the late Ottoman period, became a persistent defender of the distinction between religion and state as well as religion and law in the Republican period. However, he did not deny the role of religion in the existence of the nation and emphasized the place of religious institutions, such as the office of Sheikhul-Islam, in the Republican period. Although he took the traditional jurisprudential perspectives into consideration, he could not escape from the criticism of his fellow intellectuals such as İzmirli İsmail Hakkı, who represented the traditional understanding. This article addresses Ziya Gökalp's views that he developed on fiqh and sociology in the Turkish modernisation process and sheds light on the possible reflections of these views on the Republican period. (shrink)

In a seminal modern work of uṣūl al-fiqh, al-Ākhund al-Khurāsānī argues that the two terms ṭalab and irāda are coined to refer to a single concept. Within the argument he implies that the Ashʿarīs, and some modern Twelver Shīʿa who lean towards their position, fall foul of a linguistic fallacy when they assert that ṭalab and irāda are distinct. For al-Khurāsānī, both ṭalab and irāda may be used in two distinct modes, a real mode or an initiating mode. The (...) former denotes a real seeking or willing within the essence of an actor, whereas the latter simply seeks to initiate the meaning of seeking or willing. Accordingly, an initiating ṭalab may be distinct from a real irāda, and a real ṭalab may be distinct from an initiating irāda, without undermining the position that ṭalab and irāda are conceptually identical. Analysis of al-Khurāsānī’s arguments, and some criticisms of it by later modern and contemporary scholars of uṣūl al-fiqh, will aim to broaden our understanding of the category of inshāʾ in Arabic, hitherto analysed through the lens of J. L. Austin’s notion of performatives. More generally, the paper takes the treatment of this linguistic issue as an example affirming the continued importance of modern and contemporary uṣūl al-fiqh for engaging with Arabic philosophy of language and argument. (shrink)

In the fiqhī doctrine, the issue of nafy al-madārik does not find a place for itself with this very nomenclature, and in the classical approach, it is often referred to by different names, but we have found it appropriate to use this term in order to make the subject more understandable and to lead to a more practical use of the expression rather than a sentence. One of the main reasons why we find the subject worthy of research is that (...) there are almost no independent and original studies on it. Another reason was to determine the relationship between the two, since those who frequently and openly do not give it a chance examine it under the title of istishāb. In the process, our multidisciplinary reading tendency led us to realize how similar some of the terminological expressions that appear in modern logic are. In Islamic legal methodology, the method of “absence of evidence/nafy al-madārik”, which plays an important role in the knowledge of basic methods for experts who will deduce religious rulings from the relevant sources, is mostly discussed together with the evidence of istishāb and not analyzed in a separate context. In the absence of evidence that would constitute the ruling on any subject, jurists have mentioned this method, which states that there is no ruling because there is no evidence. The issue of the absence of evidence, which is usually analyzed by the Hanafīs under the heading of fasid evidence, was occasionally used by other jurists. If the absence of evidence does not result in the absence of the ruling, the scholars have resorted to the evidence of istishāb, which is the opinion that the ruling continues to exist. However, as we have mentioned, the mixed treatment of both methods has led to the problem of where they should be positioned in the hierarchical evidence platform and how they should be perceived. The fact that a sixth prayer was not commanded upon the necessity of the existence of the five daily prayers is one of the main examples of the method of nafy. Accordingly, it is possible to rule that the sixth prayer does not exist in the absence of any evidence showing that the legislator did not impose a new one on top of the five rak'ahs and vice versa. In terms of its scope, the issue of the absence of evidence is not only used in classical fiqh. In fact, the breadth of this subject should not be limited to Islamic sciences. In fact, the method of absence of evidence also guides the modern understanding of science. The method in question, which is mostly expressed as the absence of evidence, is rejected by a considerable number of popular acceptance. Science, so to speak, does not see the absence of evidence as a correct approach. A famous and striking example of the absence of evidence is as follows: “There is no evidence for the existence of aliens on Earth, therefore there are no aliens, or aliens do not exist, based on the lack of evidence for this”.In this study, first of all, the elements constituting the phrase “absence of evidence” are analyzed. The method of absence of evidence is discussed together with its debates and parties in terms of the meaning formed as a result of the examination. Its relationship with istishāb has been analyzed in terms of its relevance. In doing so, we have also included whether it is sufficient for the person who claims that the ruling does not exist due to the absence of the relevant evidence to prove his claim in a mere way. While trying to reveal all these, we have also tried to address how correct it is for the person who claims that there is no evidence for the relevant ruling in the method of absence of evidence to make a decision based solely on this. In addition, we have discussed the issue of absence of evidence together with some issues of various disciplines such as kalam and logic due to its relevance. As a result of the discussions, we tried to show that the method of nafy and istishab are not the same thing. Following these, some evaluations were made about the theory of nafys. Among these evaluations, there are some interpretations that are close to the Hanafīs' stance on this issue and some determinations about the fallacy of nafy in terms of the science of logic. As a result, an independent study on nafy al-madārīq has been presented to you, the reader, based on a logical approach to it. However, this attempt will not completely fill the gap in the literature on the subject. We hope that this study will serve as an opportunity for further research to fill the aforementioned gap, and that the subject will reach a wider audience. (shrink)

The third century of the hegira represents an extremely important period in terms of the formation process of Islamic sciences and the acquirement of the identity of a systematic school of fiqh madhhabs. In terms of the Zaydiyya madhhab, this century has an identity that affects the next period in terms of both political and scientific studies. Because in this period, the scholars of the madhhab like Kāsim al-Rassî (d. 246/860), Ahmad b. Isā (d. 247/861) and Yahyā b. al-Husayn (...) (d. 298/911), who were in a leading position both in politics and in sciences such as kalām, hadith and fiqh, emerged. Kāsim al-Rassî, who was accepted as the star of the Ahl al-Bayt by Zaydî sources in the first period, was presented as the Plato of Muslims by orientalists in modern studies. The main reason why today's studies on him are mostly about the history of sects and theology, most of Rassî's works are about kalām. However, Kāsim al-Rassî is an important name in the science of fiqh and İslamic legal theory as well as in the science of kalām. According to Abī Tālib Nātik bi’l-Hakk (d. 424/1033), one of the important jurists of the Zaydiyya madhhab, Rassî was a scholar who came to the fore with his ability in fiqh issues; in order to see his ijtihād method, his skill in furû al-fiqh, his mastery in using hadiths and knowing the disagreements of scholars, ‘‘Masā’il al-Dja’far b. Muhammad and Abd Allah b. Hasan” should be consulted. Rassi's epistles named Kitab al-Nāsikh wa’l-Mansūkh, Kitab al-tahāra, Kitab al-salāt al-yevm ve al-Laylā and Kitab al-menāsik are important studies on fiqh that have survived to the present day. In addition, Mueyyed-Billah (d. 411/1021) compiled Kāsim al-Rassî’s and Yahya b. al-Husayn's views on fiqh in his work named al-Tecrîd. Kāsim al-Rassî's views on fiqh are also determinative in later fiqh books such as Tahrîr, al-Cāmi' al-Kāfi, al-Intisār and al-Azhar. In time, the emergence of a jurisprudence sect named Kāsimiyya in Zaydiyya, referring to his name, is also important in terms of revealing his position. Although Rassî's views on fiqh have been referred to a number of studies in our country, no independent study has been found that deals with his views on fiqh. However, considering both of his works on fiqh that have survived to the present day and the early works in which his views are compiled, it is obvious that Kāsim al-Rassî's views on fiqh deserve an independent works. The aim of this study is to reveal Ressî's position within the madhhabs and his perspective on fiqh in general. In this context, in the study, the period in which Ressî lived, his life and works were briefly mentioned, and then the basic views of the fiqh, especially in the field of worship, were discussed in outline. (shrink)

In the formation of the acquis of the science of fiqh, many scientific figures have been associated with the methods of the Imams of the sect and their views, which are passed on to the next generations. In the history of the Ḥanafī mad̲h̲hab, there are many scholars whose works, views or just their names have survived. The views of the scholars who are at the forefront of this work can be accessed through their works. The opinions of some (...) scholars who did not have works, or whose works have not survived, can be found in the jurisprudential corpus of other scholars. Unfortunately, there are many scholars whose works and opinions have not survived, and only their names are mentioned. This study focuses on the Ḥanafī jurist al-Baqqālī (d. 452/1060), whose scholarly personality, position in jurisprudence and works have not survived to the present day, although his name is mentioned in fiqh literature. The article analyses various sources and evidence for the identification of al-Baqqālī. The main argument of the article was clarified by examining fiqh books, which are among the authoritative sources of the Ḥanafī fiqh corpus, rather than works of ṭabaḳat, and by scanning digital resources. The determination and presentation of the scholarly personality of al-Baqqālī and his jurisprudential views are the distinctive feature of this article. Baqqālī was recognised as an influential jurist within the Ḥanafī fiqh tradition and was considered one of the mashāʼịḵẖ (eminent jurists). However, detailed information about him could not be found. However, considering the available evidence, it is proven that al-Baqqālī, who stands out with the attribution of al-Baqqālī, is not al-Baqqālī whose views are consulted in the Ḥanafī mad̲h̲hab and among the possibilities that arise, the views that predominate in the identification of al-Baqqālī's identity are given. For this reason, it is emphasised that Baqqālī is a figure that requires further research and study. It is emphasised that this article can contribute to the understanding of the Ḥanafī fiqh tradition. Baqqālī's jurisprudential views on some matters of worship and transaction reflect important debates. Although al-Baqqālī adhered to the basic principles of the Ḥanafī mad̲h̲hab, he occasionally developed original ijtihād against the general views of the imams or the mad̲h̲hab. Baqqālī's original jurisprudence and jurisprudential views occupy an important place in the sect's literature. He was particularly influential in matters of fatwa and left his views to later jurists. Such a study aims to solve a scholarly problem in the fields of the history of science and the history of fiqh. Clarifying the identities and specialisms of those involved can help to ensure historical and scientific clarity. The purpose of this article is to contribute to the accumulation of historical and scientific knowledge by seeking to learn more about this issue and to reduce uncertainties. (shrink)

Kin marriages have been a subject of literary, historical, sociological, religious, and medical studies from past to present. Such a marriage has been discussed within the science of fiqh in terms of religion. Ḥanafī and Mālikī mujtahids stated that this marriage is permissible. While Shāfiʿī and Ḥanbalī mujtahids did not recommend kin marriage by seeing it permissible. Based on the fundamental doctrines of Islamic law, they argued that marrying a foreign candidate is mustahabb and answered the related criticisms against (...) their fatwa. In scientific studies, genetic risks in kin marriages were found to be twice as high. Therefore, the kin marriage was not recommended and it is suggested that those who will marry with relatives should undergo carrier tests. In some contemporary religious studies, it has been argued that the families established by kin marriages are stronger, the genetic research does not have absolute precision, and it may be ideological in the form of weakening the family-society structure. Besides, the ijtihads distant to close kin marriage is weak in terms of evidence and opposing evidence has been put forward to defend kin marriage. On the other hand, in some sociological studies, it has been argued that kin marriage is predominantly caused by religion and that it wekaned the social solidairty. This study analyzes the classical and contemporary approaches to kin marriage in detail within the framework of thesis-antithesis in terms of fiqh, uṣūl al-fiqh, and evidence, and evaluates such studies from a fiqh point of view by including medical research results and some sociological studies on kin marriage. A generally accepted deterministic link cannot be established between kin marriage and genetic disorders. Because, the same risks are found in marriages with foreigners and also arise from harmful substance addiction. However, the genetic risk rate in marriage with close relatives is twice that of marriage with a foreign candidate. The least of the two possible losses is preferred. So it is very sensible that a marriage that is twice as likely to take such a risk should not be recommended by religion. Because, the main purpose of religion in marriage is to protect the generation and ensure its continuation. The fact that such a marriage is not religiously prohibited does not mean that it was recommended. Because it is left to individuals and public authority to limit the ibaha on the grounds of maṣlaḥa. On the grounds that the hereditary risk rate is high, kin marriage is not recommended in the fiqh and an effort has been made to prevent such a marriage from becoming widespread. Sociologically, marriages with a foreign candidate who is equivalent to a close relative are more appropriate in terms of strengthening the social organization. It is seen that Shafi'i and Hanbali ijtihad, which do not recommend close relatives marriage, are supported by current medical and genetic research. It is understood that the ijtihads that does not recommend marriage with close relatives is inaccurate in terms of evidence, and the views that argue that such marriages are stronger in terms of benefits are not in place. In general, it is seen that religion is distant from kin marriage, and such marriages are mostly caused by psychological, sociological, and cultural reasons. The fact that such marriages are common in areas belonging to the Shāfiʿī and Ḥanbalī schools that do not recommend marriage with close relatives, on the other hand, the fact that marriages between close relatives are less in Hanafi regions, which state that the same marriage is only permissible, supports this. In this respect, some claims arguing that such a marriage stems from religion based on the understandings that refer to that kin marriage is recommended by religion, are not accurate. For this reason, it is difficult to establish a connection between the disintegration of social unity, the spread of hereditary diseases, and the claims that religion recommends consanguineous marriage. Today, enlightening the religious aspect of kin marriage will be beneficial in protecting society against hereditary risks. (shrink)

This study includes an analytical study of the term "Qiyās al-Adna” among the Scholars of Uṣūl al-Fiqh. It is known that the Qiyās is divided into the following types: an analogy of higher order (Qiyās al-Awla), an analogy of an equivalent order (Qiyās al-Musawi), an analogy of a lower order (Qiyās al-Adna). However, Qiyās al-Adna raised issues and objections among some scholars, in past and present; hence, there is an urgent need to present a comprehensive study that shows the (...) meaning of Qiyās al-Adna for those who advocate it, discusses the objections and issues that have been raised about it, and clarifies its connection to other Qiyās types. Moreover, the study will concern the applied side of Qiyās al-Adna by explaining how jurists used it. The researcher used the analytical method and referred to the most important, ancient and modern Uṣūl al-Fiqh sources and references. The study concluded with results, the most prominent of which is that the Qiyās al-Adna has two meaning: the first is that in which the original case is more deserving of legal ruling than the new or parallel case, so the new case is considered as a lower order, and the second is that the effective cause in the new case is weaker than in the original case. Among the results of the study is that the objections directed to the Qiyās al-Adna are weak, and that it is not limited to the presumptive Qiyās on the most correct opinion, also, that the jurists used the term Qiyās al-Adna in the second meaning, which says that the lower order is in its effective cause, not the legal ruling. (shrink)

Throughout the history of Islam, mosques and masjids have been in a position where Muslims both perform their prayers and perform their scientific activities. In this sense, in the history of Islamic culture, Muslims mostly learned and taught sciences such as the Qur'an, tafsir, hadith and fiqh in these places until the spread of madrasahs. Especially the al-Masjid al-Nabawi, which the Muslims built here with their migration from Mecca to Medina, has become a full center of science. People called (...) Companions of Suffa have a great share in this situation. Because they used this place both as a housing and a school. This function of al-Masjid al-Nabawi affected the mosques of cities such as Kufa. With the foundation of Kufa in 17/638, mosques were built in the center and in the quarters of the city. The Companions who came here for different reasons conveyed their knowledge to the public in these mosques. Thus, in the first period the masjids in Kufa became the centers where the Companions conveyed their knowledge of Islamic sciences. Over time, various scientific circles were established in these mosques, and scholars transferred their knowledge of tafser, hadith and fiqh to the next generations. Especially many important jurists were trained in these places. Some of them are ’Alqamah b. Qays, Masruq b. Abdurrahman, Aswad b. Yazīd, Ibrāhīm al-Naḥa’ī, Ḥammād b. Abū Suleimān, Abū Ḥanīfah, Sufyan al-Thawri, Abū Yūsuf and Imam Muhammad. That these important jurists mostly acquired their knowledge of fiqh in the mosques in Kūfa and that some of them had important effects on the formation of the Hanafi sect made important the quantity and quality of the fiqh education in these places. As a result, it has been seen that the masjids in Kūfa have an important role in the raising of many jurists and the function of these places in this regard has been studied. Thus, this study aims to reveal the function of mosques and masjids in the historical process, albeit limited. (shrink)

The early period Ismaili jurist Al-Qādî al-Nu'mān appears as an important figure in the formation of Ismaili jurisprudence. There is very little information about Kadı Nu'mân's family, childhood, education and intellectual environment. His full name is Abû Hanîfah Nu'man b. Muhammad b. Mansûr al-Qādî at-Tamîmî Al Qayrawānî. He was born around 290/903 (late 3rd (9th) century) into an educated family in Qayravan in North Africa. There are different opinions about the sect he belonged to when he was growing up. On (...) the other hand, it is difficult to say for certain whether Nu’mān received education in the Ismaili sect due to the understanding of taqiyya in the madhhab. However, it is understood from the basic jurisprudence texts Nu’mān wrote that he most likely did not receive a Sunni education. Historians refer to him as 'Qadi Nu’mān or Abu Hanifah al-Shi'i' in order not to confuse him with the imam of the Hanafi school. Qādî Nu’mān served at different levels of the Fatimid State. Around 313/925, he entered the service of the first Fatimid caliph, Mahdi (r. 909-934 CE/297-322 AH), as a copyist and secretary. During the reigns of the third caliph Mansur and the fourth Fatimid caliph Mu’izz (d. 365/975), Qādî Nu’mān first served as a judge in Tripoli and then in Mansouriya, the Fatimid capital. After the Fatimids conquered Egypt and the center of government was moved to Cairo, Qādî Nu’mān was appointed by the fourth caliph Mu’izz as the head of the appellate courts (maẓālim). Qadi Numans career was at the peak in the period of Caliph Muiz. Qādî Nu’mān worked as a judge in the Fatimid State for about twenty-six years and continued this duty until his death in 363 (973). After the fall of the Fatimid caliphate, there haven’t been any other Fatimid or Ismaili jurists. Qādî Nu’mān is considered by contemporary Ismaili writers as a figure who systematically transformed Ismaili fiqh into an independent sect of fiqh. It can be said that Ismaili fiqh was developed through his works in the Fatimid period. His works continued as the main references in the fiqh studies and after the Fatimid period. With the death of Qādî Nu’mān, the period of ijtihad in Ismaili fiqh and its the establishment phase of Ismaili fiqh came to an end; The sect, in which esoteric interpretations were at the forefront, emerged as a distinctive school of fiqh by discarding ambiguity. Qādî Nu’mān was a very productive writer. He wrote important works related to the field of furu al-fiqh and usûl al-fiqh. Among his works, Ikhtilāf uṣūl al-madhāhib is undoubtedly one of the most important works in the early history of fiqh methodology. The work in question, which was originally written with the aim of rejecting the Sunni fiqh method, discusses the approaches of the Sunni schools of fiqh on ikhtilāf, taqlid, ijma, nazar, qiyas, istihsan, ijtihad and ra’y in a polemical manner. It reveals the differences of the Ismaili method from the Sunni method in terms of the sources on which the fiqh is based, the authority to make ijtihad and the theory of interpretation of the texts. Qādî Nu’mān examined the relationship between reason and revelation in general and the role of religious authority in comprehending and interpreting the texts while criticizing Sunni methods. Ikhtilāf uṣūl al-madhāhib has the characteristics of the works of development period as a form. It is possible to observe the question-answer and dialectic form which can be seen in the works of the development period throughout the work in question. Qādî Nu’mān endeavoured to persuade his opponents with a dialectical and argumentative style. Again, he replied to the Sunnis, who were his interlocutors, with their own proofs. In addition to these, Ikhtilāf uṣūl al-madhāhib has a unique feature in the matter of content. Because it is not very familiar to any Sunni handbook of usûl al-fiqh. It does not mention the hâss, âmm, ijma, qiyas, amir, nahy, alfaz bets, etc. The text is very similar to the Ahbari movement of the Jafari sect for it rejects all forms of ijtihad. It was written at a time when fiqh was not yet stable. Ikhtilāf uṣūl al-madhāhib gives us crucial information about the development of different usûl and fiqh sources in the middle of the fourth century. However, what is interesting here is that the information he gives about Ismaili method and fiqh is very little compared to the one about Sunni method and fiqh. Much of it centered on Sunni thought and its rejection. However, his ultimate goal was to defend the Ismaili doctrine. (shrink)

The work named Fusûlü'l-İmadî, which belongs to Ebü'l-Feth Zeynüddîn el-İmadî, the grandson of Burhaneddin el-Mergînânî, the owner of the famous Hidaye, which includes the subjects of Fürû-i Fiqh and the law of trial, has been one of the main works that has been applied by influencing many mufti, kadi and jurists, especially the Ottoman sheikhs. The work is also important in terms of being a source for many fatawa and fürû-i fiqh works. The fact that the work written (...) in the Fergana region is one of the main sources referenced both in the Ottoman geography and in other Muslim geographies also shows that the work is valuable. In this study, by pointing out the importance and value of the work, it was tried to determine the contribution of the work to the Ottoman period fetâvâ mecmuas and Hanafi fiqh literature. In the study, the life of Ebü'l-Feth Zeynüddîn el-İmadî was mentioned, and his work Fusûlü'l-İmadî was examined in detail. The contribution of the Ottoman Fetvâhâne, which uses Fusûlü'l-İmadî as a source, to some of the fetâva works, which are accepted as one of the most respected fetâva journals, is discussed and some quotations from the work are included with their examples. In addition, the contribution of the work to the Hanafi fiqh literature was examined on the basis of some fürû-i fiqh works of the Ottoman period and the work called Mir'ât-ı Mecelle. Thus, by pointing out the importance of Fusûlü'l-İmadî and his contribution to the literature of fiqh and fatwa, this work was drawn attention to new studies. (shrink)

Every science examines the personal accidents of the subject, which it determines as its subject, and the sciences differ from each other in this aspect. However, sciences offer the principles that they prove themselves through the use of other sciences. Sciences take and use the principles of other sciences that they will need, but they do not have to prove these principles in themselves. On the contrary, they entrust this proof to the sciences from which they took their principles. While (...) examining the sources of fiqh and the method of making judgments from these sources, the method of fiqh uses the principles set forth in other sciences in the problems it encounters. One of the sciences in which the method of fiqh takes principles is kalām. Actually, the science of kalām provides principles to all other sciences with the conception of God and the world it reveals. One of these principles is the indeterminist understanding of the world, in other words, the theory of ʽādah (custom). The theory of custom, produced in the tradition of Ahl al-Sunnah Kalām, is a theory that cancels causality and makes all effects in the world peculiar to Allah. According to this theory, Allah operates the universe according to the laws of physics, which are named custom. However, this theory makes it possible for Allah, if He wills, to do extraordinary acts that are described as humanly extraordinary. Since the Fiqh and its Methodology, which is assisted by the science of kalām, is a science that is expected to judge according to the apparent, it seems to be contrary to his identity to make judgments by using the possibilities of the theory of custom. However, like the situation of a person who becomes a Muslim at the last moment of prayer, sometimes things get so tight that it becomes very difficult to judge according to outward appearance. Well, did the methodists look at the outward appearance and decide that this person is not responsible for the prayer of the aforementioned time, or did they come to a different conclusion by using the possibilities of the theory of custom. (shrink)

From past to present, women's access to social life and their preoccupation with science has been a problematic issue in all societies. Hz. Mohammad gave importance to the woman, who was worthless in the period of ignorance, in a way that it is not possible to come across her husband in the rest of the world, and gave them access to social life, mosques and scientific assemblies. However, since the period of the Companions, women's access to mosques and scientific assemblies (...) was increasingly restricted due to the dominant character of the Arab society and the poor understanding of the Prophet's message by some segments. Since the third century Hijri, the acceptance of women as the cause of strife, the society's view of women, the responsibilities placed on women in the family have further restricted women's access to knowledge and education in fiqh. The effect of Jewish literature, Greek philosophers, and logicians' view of women on Muslim scholars has reinforced this situation. Although women did not fall behind in learning fiqh thanks to their individual efforts and the men who were involved in fiqh in their families, they remained in the background in writing books and scientific studies. Throughout the Hanafi history, Asma bint Esad b. Furât, Kasani's wife Fatima bint Mohammad and İbn al-Saati Muzaffar al-Din Ahmad b. Ali's daughter Fatima al-Saati stands out. (shrink)

It is well known in the usûl al-fiqh (fundamental principles of Islamic law) that the Mukallaf (accountable person) is either a Mujtahid or a Muqallid. Mujtahid is a title given to the Islamic jurist who has the ability to arrive at rulings; thus, he is required to practice Ijtihad. While Muqallid is the person who has no ability to conduct such activities; thus, he is required to follow the Mujtahids. Taqlid (conformity of one person to the ijtihad of another) (...) of the four Imams has been common among Muslims since the fourth century of the hijri, their madhhabs including its origins and branches have been well established, and many scholars and laypersons have followed them since that era till the time being. The second considers that restricting imitation (Taqlid) to these schools of thought has caused the stagnation of Islamic jurisprudence and its inability to keep pace with the times. The research dealt with these two points of view and followed the method of comparison and analysis. The two points of view on the issue were presented and discussed, and then the implications in contemporary reality were explained. The research used books written in the science of jurisprudence in general and in the section of Juristic Interpretation and Imitation in particular, in addition to books written in the history of jurisprudence. The research reached several results, most notably are as follow: 1) the need to adhere to the four schools of thought (Madhhabs) in all actions and fatwas and not to depart from them except for necessity and need, 2) these Madhhabs represent the jurisprudential identity of the Sunnis group, it should not be underestimated, and that it is sufficient to meet most of the needs of the age. It is not correct to describe the commitment to it as inertia. The call for liberation from the jurisdiction of the four schools of thought resulted in corruption, the most important of which is the lack of discipline in fatwas and providing fatwas with abnormal sayings. (shrink)

The lack of water, which has arisen due to reasons such as climate change, excessive and misuse, has become a global problem. The reuse of wastewater is considered as an important solution to overcome this problem. With the technology developed for this purpose, wastewater is treated and used in many fields, especially in irrigation of agricultural products and parks and fire extinguishing. There is no information directly related to the methods of treating polluted water in the religious texts. In the (...) past, when today's technological possibilities were not available, fuqaha determined some treatment techniques, but these are about waters exposed to najāsat (filthy things), not about wastewater that contains a large amount of najis elements. As a matter of fact, it seems impossible to clean wastewater with these methods. With the systems developed today, wastewater can be treated at different levels according to their usage areas. Accordingly, the analysis information regarding the output at each treatment level should be evaluated separately when determining the fiqh provision of treated wastewater. In this study, it is aimed to examine the purification methods discussed in fiqh books together with the relevant texts and to determine the criteria taken as basis in purification and to try to determine the fiqh provision regarding the treated wastewater outputs within these criteria. (shrink)

Women are more visible in economic and public life than before. This visibility has led to a change in the social perspective towards women in recent centuries. Some provisions regarding women, which are generally accepted in classical fiqh teachings, have started to be discussed again. It has also started to be seen that the existence of different perspectives has emerged within these discussions. The issue of the amount of the victim's diya, which is included in the field of Islamic (...) criminal law, is one of the issues that has been discussed on a different ground recently in this context. The view that the diya penalty of a woman is half of that of a man has been generally accepted and practiced since the early periods of Islam. However, the issue, which has come to the agenda again with the conferences and articles written recently, has formed the basis of heated disputes. Considering the importance of the legal aspect of the subject, it is aimed to deal with the issue in detail in this study. Then, the evidences of the critical view that "the diya of a woman is the same as that of a man" will be explained. Finally, the points of disagreement on the subject will be determined, and a result will be tried to be reached by considering the opinions and evidences mentioned in the general framework. (shrink)

Ribā/interest is one of the prominent regulations in Islam regarding commercial life. The commercial lives of Muslims and laws related to commerce were regulated in accordance with the prohibition of ribā, and by this a society that avoided ribā with sensitivity was created in practice. This sensitivity about ribā manifested in the principle that the suspicion of ribā is evaluated as ribā, and it is ruled as haram like riba. In fiqh sources, besides issues regarding ribā, issues involving suspicion (...) of ribā were also mentioned, and some rulings were justified with the presence of suspicion of riba. However, the logic of using the concept of ribā suspicion in fiqh sources may vary from case to case: the reasoning behind the use of riba suspicion in one case may not fit into another case, and thus a completely different reasoning of ribā suspicion may appear in another case. To clarify the framework of the concept of ribā suspicion, it would be noteworthy to study these each of the uses in the classical fiqh sources. The purpose of this article is to examine the use of the concept of ribā suspicion based on the cases in the Ḥanafī sources. Methodologically, first, the cases in which the concept of ribā suspicion is used are determined. Secondly, the reasoning made for each example is examined by considering the contextual framework of the case. Lastly, these uses are classified and presented to the reader with examples. The principle of evaluating “the suspicion of ribā like ribā” in Islamic law is indeed related to the rule of considering “any suspicion as certainty when it comes to harams or in matters where precaution is substantial”. Since ribā is a haram that Muslims should meticulously avoid, and therefore requires caution, its suspicion is subject to the same rulings as ribā itself. In the Hanafi fiqh books, the concept of suspicion of ribā is mostly referred in the following cases: - Not knowing whether there is equality between the subject matters in barter transactions where equality is stipulated. For example, when exchanging two batches of the same kind of ribawi goods, though quantities are unknown. - It is not known whether tariq al-itibār has taken place in changes that may be permissible through tariq al-itibār. For example, in the exchange of a silver-embroidered sword with silver, if the amount of silver in the ornamented part is not known, the suspicion of ribā arises. - The emergence of a situation similar to ribā because of a transaction that is normally permissible: While there are two legitimate sales in Bay' al-inah, the conclusion of being the same as an interest bearing loan is considered as ribā suspicion. - When the case has two different sides; from one side the act is ribā, but from other side it is not. For example, in the case of salam contract of ribawi goods, if goods of different quality are brought during delivery and the quality difference is requested from the customer; suspicion of ribā arises. Apart from these uses in the Hanafi fiqh books, it is seen that the concept of ribā suspicion is employed to prove an opinion disputed between schools of Islamic law. For example, to argue that ribā rules are also valid for goods sold by piece (adadiyyāt) or by length measures (zirāiyyāt), the Hanafis say that one of the two causes (illah) of ribā is found in the exchange of these goods by type, and the suspicion of ribā arises with just a single cause (illah). On the other hand, the Shafiis use the concept of suspicion of ribā to argue that determining the subjects (ta’yin) in the exchange of ribavi goods other than gold and silver is not sufficient. Another use of the term emerges because of the authors' preference for a cautious language. Some authors acted cautiously on some cases that were normally ribā and were described by other authors in this manner, and used the term "ribā suspicion" instead of ribā; probably as they both require the same ruling (harām). Another wrongly used (in our opinion) is the use of “suspicion of ribā” in some cases that are actually considered only as disliked acts (makruh). (shrink)

: The medieval Karaite grammarian and exegete Abū l-Faraj Hārūn b. al-Faraj was a broad reader of the literature available in Arabic, in a variety of genres. Earlier studies have demonstrated that in his grammatical works on the Hebrew language, Hārūn adapted discussions from well-known compositions focused on Arabic and the Qurʾān. The following examination of Hārūn’s treatment of the subject of biblical majāz, non-literal language, aims to show that in constructing his sophisticated and innovative discussion of the topic, the (...) Karaite scholar read widely – and adapted creatively – incorporating the methods of a variety of genres in Arabic, including uṣūl al-naḥw, uṣūl al-fiqh and even iʿjāz al-Qurʾān and combining them together with earlier Jewish and Karaite scholarly tradition to produce what seems to be the first comprehensive discussion of non-literal language in Judeo-Arabic. (shrink)

This paper introduces views both hostile to and supportive of the ideas of secularism and religious neutrality in the jurisprudence of Muslim minorities (fiqh al-aqalliyyat).