The Qurʾān states that it is the last link in the chain of divine books, such as the Torah, Psalms, and the Gospel, and that it is also the approval and regulator of these books. As a result, there are some mutual narratives with other holy books, as well as some issues that differ from them and bring different explanations from them. These issues have been the subject of polemics, especially with Judaism and Christianity throughout the history. The crucifixion of (...) Jesus Christ formed the foundation of Christianity theology. However, the subject of ‘the cross’ has also been one of the most important issues by which Christian communities have made different explanations and interpretations since the 1st century, and have diverged accordingly. Although the docetists, who are our subject, are divided into many groups with different views, they generally accept that Jesus Christ was of a different nature from other people, had a divine nature, and therefore, it was not possible for him to be crucified. In the only verse in the Qurʾān that deals with the cross of Jesus Christ, it is mentioned that Jesus was not crucified. For this reason, a significant part of the interpretations in the commentaries have some similarities with the views of the docetics at first glance. It is possible to see more of the similarities mentioned in the commentaries, especially in the so-called “substitutionary interpretation”, in which it is stated that someone else was crucified instead of Jesus. In the Christian world, it is often claimed that Islam emerged in the Arabian Peninsula, where Christian heretics are abundant, and that it was influenced by the views of some heretic Christians. In this context, starting with John of Damascus in the 8th century, based on the above-mentioned similarities, many Christian researchers throughout the history claimed that the Qurʾān took this view from docetics. In this study, there has been an attempt to examine all of these claims. In this context, first, the docetics were researched, and as a result, it was revealed that Christians named groups with very different views from the early times as “docetic”, and that there was no standart use of the concept of “docetic” in the Christian World for centuries. It appears that it was determined that the concept would be used as a kind of umbrella concept for groups considered heretical. Then in the article, the different translations and interpretations of the verse in the Qurʾān and certain sources from the classical and modern Islamic literature were selected and identified. This led to the examination of how the said verse was understood in the Islamic world throughout the history. In this context, all types of substitutionary interpretations in the commentaries were made into a list by mentioning the sources of these interpretations, and then, these interpretations and the views of the docetics were compared. After revealing the similarities and differences in the explanations and interpretations in the commentaries and the views of the docetics, a new perspective on the subject was attempted by trying to explain the verse outside of its traditional interpretation throughout the history, considering the context of this verse and the Jewish literature. Considering that various Jewish claims about Jesus and Mary were responded to at the beginning of Qurʾānic the verse and just before the verse that mentions the cross, information in the Jewish religious literature was consulted about the allegations that Jews killed Jesus as mentioned in this verse. In this context, Jewish claims about the end of the life of Jesus in the Talmud, that they first killed him and then crucified him, were adressed and researched. Furthermore, an attempt is made to explain that the use of wa-mā qatalūhu wa-mā ṣalabūhu in the verse may be an answer to the claims of the Jews that they first killed Jesus and then crucified him. These claims of the Jews in the Talmud are further explored, and considering the context of the Jews of that time, it is explicated that these actions would not have been possible due to the political conditions in that period. Taken together, this study has attempted to address that the view claiming that docetics have an impact on the Quran via the related verse is not validand that the actual recipient of the verse is the Jews. (shrink)

Classical Arabic poetry, which constitutes an important aspect of Islamic Civilization, has an important function in understanding Islamic texts, especially the Qur'an and hadith. In this context, the poetry of Jahiliyyah, which is the source of the Qur'an's style and expressive power (expression/utterance), is important in terms of having the mentioned function.The work, which was introduced, fills a significant gap in the field by referring to the contacted function of the poem of Jahiliyyah in a theoretical and practical sense. The (...) work analyzes selected eulogies from the poems of important poets of the Jahiliyyah period in a deep way, taking into account the morphological and syntactic functions of the language. The work, which refers to the elements that should be considered in the analysis of poetry through the texts, draws attention with its didactic and dialectical style, on which the taste for language is based. (shrink)

The Build-Operate-Transfer (BOT) model is a financing model used especially in the financing of infrastructure projects in developing countries. It is one of the most common methods used by the countries to provide non-budgetary financing. The fact that becoming popular in the world as of the 20th Century, this model started to be implemented in the Islamic countries created the need for examining the model in terms of Islamic law. No substantive studies have been conducted on this matter in Turkey. (...) In the Arab world, the first significant development in this regard was the 23rd Term meeting of Al Baraka Group organized in Mecca in November 2002. Next, the Islamic Fiqh Community, which operates under the Organization of Islamic Cooperation, organized a meeting about the BOT model in 2009. At this meeting, ten experts from different countries presented papers on the BOT model, and a final declaration was announced at the end of the meeting. After this meeting, some independent studies were carried out on the BOT model. However, it was observed that these efforts did not reach a sufficient level, and generally remained within the framework of the papers presented at the meeting. The BOT model is a model that takes place in the form of the transfer of the facility to the relevant public institution or organization free of charge at the end of the period after the depreciation and profit of the invested capital are realized. All expenses are covered by the private enterprise. The public service or activity is operated for a certain period of time by the private enterprise. It was observed that the studies on the BOT model in Turkey mainly dated back to the last quarter of the Twentieth Century. In this context, the Law No. 3996 about the BOT model was enacted on 08 June 1994 in Turkey. Today, the BOT model is actively used in many areas, and the delivery of the service begins after the projects are completed. The BOT model has three main successive stages. In the first stage, the project is completed with the financing of OGS. In the second stage, the operating right of this project would be awarded to the investor in accordance with the contract. In the third stage, the ownership of the facility would be transferred to the relevant public institution. The BOT model was discussed in terms of Islamic law, firstly in general and then in terms of the interests and convictions. The BOT model contains many interests in terms of both the state and the society. In addition, it has certain disadvantages. There are many reasons and aims in selecting the BOT model. The most important of these reasons is the continuation of the projects and the required work without imposing a burden on the public budget. Islamic law has a structure that prioritizes public interest. In this context, the state must observe the public interest in its operations. In the BOT model, the existence of public interest is particularly notable with the projects implemented in the fields of hospitals, roads, bridges, airports and etc. Islamic jurists have different opinions regarding the contracts administered in the BOT model. Some of them consider this model as a new contract that does not exist in the tradition, while others compare it to a traditional contract. The analogies of the traditional contract have been compared to leasing, payment, foundation, fief, corporate (with partnership) and exception contracts. Others, on the other hand, considered the BOT model as an atramentous contract combining several different contracts. It seems difficult to argue that the BOT model is completely similar to any of the classical fiqh contracts. However, as a result of the BOT model, it is considered an agreement with a company to conclude a contract; therefore there is a more prominent similarity to an exception contract. Nonetheless, it is not possible to say that the BOT model fully complies with the traditional exception contract. As a matter of fact, while there is no time determination in the exception contract, the time is determined in the BOT model. In the exception contract, while the material must be completely covered by the private sector, in the BOT model, issues such as the right to land and building construction are covered by the employer. In addition, the classical exception contract does not contain many contracts as in the BOT model; and it is an agreement in which the fee is presented and terminated after the order is placed. Nonetheless, the BOT contract includes three basic contracts (construction-operation-transfer) as well as many contracts related to these contracts. Finally, considering that the BOT model was a contract, the issues in the context of the basic elements that should be included in a contract were discussed in this study. In addition, situations such as ignorance, gharar and interest in terms of affecting the validity of the contract were discussed and dealt with in terms of the BOT contract. (shrink)

In this study, we try to introduce the intellectual and literary personality of Temmâm Hassân and his place and importance in the modern Arabic literature, his works and translations, who was among the eminent personages of XX. century and an investigator, critic, translator and linguist. He was a prolific scholar, supplying a new countenance to the modern Arabic language in his nearly centennial life period.

İstisnâ‘ akdi klasik fıkıh eserlerinde yerini bulan ve Hz. Peygamber döneminden itibaren insanlar arasında yaygın olarak kullanılan bir akittir. Fıkhın gelişimiyle birlikte bu akitle ilgili de geniş bir bilgi birikimi oluşmuştur. Tarihi süreçte ihtiyaçlara binaen akdin uygulama biçimi ve şartlarında son dönemlerde bazı gelişmeler olmuştur. Özellikle Osmanlı’nın son dönemlerinde kabul edilen Mecelle-i Ahkâm-ı Adliyye ile akdin genişletildiği ve zamanın ihtiyaçlarına göre içtihatlar arasında tercihe gidildiği görülmektedir. Günümüzde İslamî finansın gelişimine paralel olarak yeni finansman teknikleri geliştirme çalışmaları devam etmektedir. Bu bağlamda (...) klasik bir akit hüviyeti arz eden istisnâ‘ akdi de barındırdığı özel durumlar sebebiyle İslamî finans alanında rağbet görmeye başlamış ve çeşitli uygulamalarda kullanılmaktadır. İstisnâ‘ akdi, tarıma dayalı ekonomik yapının hâkim olduğu toplumlarda, insanların ihtiyaç duyduğu bir akit olmakla birlikte; sanayi ve mühendisliğin hâkim olduğu günümüz dünyasında daha fazla ihtiyaç duyulur hale gelmiştir. Bunun için akdin, farklı çalışmalara konu olması ve finans alanında yeni ürünlerin oluşturulmasında, aktif bir şekilde kullanılması gerekmektedir. Çalışmada istisnâ‘ akdinin fıkıh eserlerinde işlenişi ele alınarak günümüzdeki uygulamaların fıkhi boyutu bu çerçevede değerlendirilmeye çalışılacaktır. (shrink)

Bu çalışmada erken dönemden itibaren fukahânın gündeminde önemli bir yer edinen menfaatin mal sayılıp sayılmaması ve buna bağlı olarak hukukî işlemlere konu olup olmayacağı incelenecektir. Menfaatin hukuki konumu üzerinde ciddi tartışmalar ve görüş farklılıkları oluşmuş ve bu farklılıklar başta menfaat içerikli akitlerde temel olarak ele alınan icâre akdi olmak üzere birçok hukukî tasarrufta etkisini göstermiştir. Bu çalışmamızda öncelikle fıkıh açısından menfaatin tanımı ve nelerin menfaat sayılabileceği, menfaatin mal sayılıp sayılmadığı ile ilgili tartışmalar ve menfaat içerikli bazı tasarruflar ele alınacaktır.