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)

Al-Qadi al-Nu´man b. Muhammad es el más destacado y prolífico de los estudiosos fatimíes y el fundador de la jurisprudencia isma´ilí. En su epístola " La clarificación elocuente para la refutación de Ibn Qutayba", todavía en manuscrito, al-Nu,man se lanza a una polémica en contra de Ibn Qutayba, que había vivido un siglo antes. Es probable que la epístola fuera escrita en la época de al- Mu´izz a petición de un tutor anónimo de los hijos del califa. En ella, al-Nu´man (...) se propone refutar la afirmación de Ibn Qutaybba, incluida en la introducción de su famosa obra Adab al-Katib, según la cual era suficiente para la realización de sus tareas que los kuttab, o funcionarios del estado, memorizaran una serie de fórmulas legales simples, sin tener que aprenderse las largas disertaciones de los fuqaha' o doctores de la ley. Al-Qadi al-Nu´man, un faqih famoso, se dedica en la epístola a demostrar que sin estas disertaciones no se podía aplicar la ley correctamente. En su texto se refiere a cada fórmula legal mencionada por su rival en Adab al-Katib y demuestra cómo la ley se debería aplicar basándose en la autoridad de los imames del Ahl al-Bayt, la Familia del Profeta Muhammad. También refuta las distintas interpretaciones legales sunníes de estas mismas cuestiones. (shrink)

The Epistle of the Eloquent Clarification concerning the Refutation of Ibn Qutayba by Al-Qāḍī al-Nuʿmān b. Muḥammad. Edited by Avraham Hakim. Islamic History and Civilization, vol. 90. Leiden: Brill, 2012. Pp. xi + 22 + 175. $129, €94.

إن السماحة خلق أصـيل في ديننا الحنيف، والتيسير أصل فيه بنصوص القرآن الكريم والسُّنة النبوية المطهَّرة؛ فالسماحة في الشـريعة الإسلامية منهج رباني، ومبدأ من المبادئ التي أكرم الحق سبحانه وتعالى بها عباده، وأمرهم أن يتعاملوا بها فيما بينهم. فالدين كله قائم على اليسـر، والفقه في الدين وفي الأحكام مبنيٌّ على التيسير، ولم يقُل أحد على الإطلاق إن الفقه هو التشدد، غير أننا ابتُلِينا في العقود الماضـية القريبة بأناس جنحوا نحو التطرف والتشدد؛ بحيث صاروا يُسوّقون أن من يحسن التشدد هو العالم (...) الرباني، وأن من يفهم الفقه حقَّ الفهم؛ فييسـر للناس أمور دينهم، هو المنافق الذي لا يُستمَع إليه؛ فهؤلاء هم أجهل الناس، وأبعد ما يكونون عن شـرع الله، عَزَّ وجَلَّ، وهم بذلك منفّرون من دين الله صادُّون عنه. فما قامت - وتقوم به - هذه الجماعات وعناصـرها الضالَّة يصادم صحيح الـشـرع الحنيف ووسطيَّته، ويتطلَّب التعاون في المواجهة الشاملة لتلك الجماعات المنحرفة وأفكارها المتطرفة الشاذة. ونؤكد أننا في حاجة ماسَّة إلى تحويل قيم السماحة والتيسـير إلى واقع ملموس في حياتنا على المستوى الفردي، والمستوى المجتمعي، والمستوى الوطني، والمستوى الإنساني؛ لنكون بحقّ دعاة لديننا بسلوكنا وأخلاقنا أكثر من تنظيرنا وأقوالنا؛ فلا قيمة لأي تنظير لا تطبيق له على أرض الواقع. (shrink)

Ṣadr al-Dīn Shīrāzī, Muḥammad ibn Ibrāhīm, -1641--Criticism and interpretation. ; Ṣadr al-Dīn Shīrāzī, Muḥammad ibn Ibrāhīm, -164 Asfār al-arbaʻah fī al-ḥikmah. ; Resurrection (Islam).

Islamic philosophy and Muslim philosophers of Iṣfahān, Iran.

Role of Islamic ethics in building the society.

Philosophy; social aspects; philosophy, Arab; 21st century.

This study explores the realm of sustainability by examining the influence of female directors' foreign experience on green innovation across various industry sectors and corporate board structures. Specifically, the research focuses on the impact of female directors' foreign experience on green innovation in Chinese listed firms from 2004 to 2021. Our findings show that female directors with foreign experience have a positive and significant effect on green innovation. Further analysis indicates that this relationship is positively and significantly moderated by state-owned (...) enterprises, larger firms, firms operating in polluting industries, environments with low market competition, and the presence of foreign directors on the board. The robustness of our results is confirmed through the use of different econometric techniques, alternative measures of dependent and independent variables, and addressing endogeneity concerns. Overall, our study suggests that female directors with foreign experience enhance the transfer of environmental and sustainable knowledge and practices, thereby fostering green innovation within Chinese listed firms. (shrink)

Civilization; Modernism; Arab countries; intellectual life.

In the past decade, a few countries have created a third gender category to legally recognize gender-nonconforming individuals. However, we know relatively little about the response of the gender-nonconforming individuals toward the legal third gender category. To address this gap, this article analyzes the different social, religious, and institutional discourses that have emerged around the recently created third gender category in Pakistan and their influence on the legal consciousness of the Khawaja Sira community, a marginalized gender-nonconforming group. Even though the (...) third gender category was created to address the unique gender identity of the Khawaja Sira community, most continue to legally register as men. My research indicates that the patriarchal stigma, high compliance costs, and limited material benefits associated with the legal third gender category dissuade the Khawaja Sira community from choosing to register. My findings point to the limitations of a legal third gender category within a patriarchal sociolegal order where important benefits associated with the masculine identity are forfeited by registering. In doing so, I caution against over emphasizing the symbolic value of legal recognition for gender-nonconforming groups. (shrink)

The Sharī‘ah ‘Committee is a board which is independent in directing, reviewing and supervising an Islamic Financial Institution. It consists of those who are specialised in Fiqh Mu‛āmalāt or those who know it with expertise in other fields. In conjunction with IFIs emergence, the Accounting and Auditing Organization for Islamic Financial Institutions was established and has issued numerous standards on accounting, auditing and also governance for IFIs. The researchers intend to review the duties and decision-making guidelines of the Sharī‘ah Committee (...) prescribed by the AAOIFI in 2010. The review undergoes a thorough search and critical analysis of any related content about the topic throughout the whole standard. Some important results are: AAOIFI mentions directly the duties of the Sharī‘ah Committee along with the definition of this Sharī‘ah Committee. These duties are directing, reviewing and supervising. On the other hand, decision-making guidelines are indicated indirectly and they are scattered throughout the AAOIFI governance standards. (shrink)

Spinoza, Benedictus de, 1632-1677; Islamic philosophy; Ontology.

: Hisbah is the most important institution in a society and nation.Enforcement parties are those who are directly involved in executing this. Incarrying out their duties, they bear heavy responsibility because it involvesthe rights of Allah and the rights of human. Hisbah implies theimplementation of al-amr bi-l-maʿrūf when it is clear thatit is abandoned, and wa-n-nahy ʿani-l-munkar when itis clear that it is done. This study is based on the concept of Hisbah in SharīʿahLaw which is of a general and (...) widespread aspect of enjoining good andpreventing evil. Literature reviews and library searches have been conductedintensively to clarify the principles of hisbah. Additionally, descriptiveand content analysis of textual content was done on the provisions of lawsand regulations as well as guidelines on the prevention of sharīʿah crimeparameters in Malaysia. In general, our country has implemented the conceptof hisbah in its own form without the branding of an institution specifically as“the institution of hisbah”. The roles and functions of hisbah are given to theSharīʿah Enforcement Division, Islamic Religious Department in the states. (shrink)

Discussions about politics and human power, including discussions about the concept of the state, have been a discussion that has been going on since Greek times until the time of the growth of Islamic philosophy. The overemphasis on the power of reason led early modern Western societies to reject religion in all political discourse. At this stage, all views of man, power, the constitution, and the state eventually ceased to be associated with God. On the other hand, especially among Muslims, (...) religion is still connected with discussions of politics and human power. This paper will reveal how secularization in political thought grew and developed through principles such as the state of nature and the social contract. Then, based on the thought of one of the influential Muslim scholars, Syed Muhammad Naquib Al-Attas, the author tries to provide a critique of the views of Western thinkers such as Thomas Hobbes, John Locke, and other philosophers, by presenting the concept of the ideal state form derived from the concept of tamaddun formulated by Al-Attas. This research is literature review research using the descriptive method. The findings of this research show that secularization is a product purely born by Western secular thinkers and not taken from any religious teachings, so Western political concepts cannot always be applied, especially in Muslim societies. (shrink)

: The corpus of fatwa named as Bostānu Shaqā’iq al-Nuʿmān, recorded in the Veliyuddin Efendi section under the number 1414 at Beyazıd State Library. It has been ignored so far. Because of its name, it may be thought that it is a part of Tashkoprulüzāde’s book Shaḳā’iḳ-i Nuʿmāniyya, but it is a nuqullu fatwa collection of Babakūshī ʿAbdurrahmān Efendi. In the famous Shaqā’iq appendix Atā’ī, which gives information about the biography of Abdurrahmān Efendi does not mention the book with this (...) name. Abdurrahman Efendi who was from a family in Plovdiv region worked in different positions in Istanbul and Edirne. Then, he was appointed as a mufti to Kefe, Crimea. He died in 983/1576. There is no information about his scholarly identity in ‛Aṭā‛ī except being the intern of Abū l-Suʿūd Efendi. In this essay, first of all, the place of Babakūshī in Ottoman Islamic Law tradition will be determined, and the features of the manuscripts and some notes on the postscript will be studied. In assessment section, especially because of the notes on the manuscripts, it has to be studied in terms of Islamic Law literature and its place should be figured out in fatwa literature. Summary: Nuqullu Fatwa collections that included citations were the books that were created for people to have access to the ruling on legal issues of scholars who were appointed as Muslim judges or muftis together with their sources and background. Although there are several studies in the literature about fatwa collections with citations Babakūshī ʿAbd al-Raḥmān Efendi's book titled Bostânu Shaqā'iḳ al-Nuʿmān was not included in the literature. ‛Aṭā‛ī provides information about the life of Babakūshī Abdurrahman Efendi. Atâ'î explains that he climbed the stairs with the help of Baba Efendi and joined the special group of people with aptitude at the level of apprenticeship. Then he raised also to the level of being the intern of Abū l-Suʿūd Efendi. Later, Babakūshī ʿAbd al-Raḥmān started to teach. He taught as a teacher for three years in Istanbul and then became the Mufti of Kefe replacing Molla Akmal al-Dīn. Molla Ekmeleddin, who was better known as Ekmel Efendi, just like ʿAbd al-Raḥmān Efendi, was an apprentice of Abū l-Suʿūd Efendi and would later be transferred to Cyprus after the island was conquered. According to Aṭā‛ī, ʿAbd al-Raḥmān Efendi remained in that position which he was appointed as Ṣahn teacher until his death and died in Zilqāda 983/February 1576. The highest position that Babakūshī took among the religious scholars organization in the Ottoman Empire was being the Mufti of Kefe. As stated by ‛Aṭā‛ī, he was appointed as the Mufti of Kefe with the title of Ṣahn teacher. Instead of giving information about his teachers, ‛Aṭā‛ī mostly concentrated on Baba Efendi who was one of his relatives. Therefore we do not have information about his mentors/teachers. We can say that he belonged to the Ottoman school of scholars since he was an apprentice of Abū l-Suʿūd Efendi. The copy which is the subject matter of this study is registered as Veliyüddin Efendi with number 1414 at Bāyezıd State Library. According to our research, the copy which has 237 sheets is the only copy of the book. From the expressions of Babakūshī in the preface, it is concluded that the book was written close to his death. There are several notes written with different pens as footnotes of the book. Here, four of them which are considered to be more important will be identified.First: Notes written with the same pen as the main text. These are generally citations from books such as Tatarkhāniyye, Hidāya, ‛İnâya, Kashf al-Asrâr Sharḥu Manār.Second: are 'maṭlabs' i.e. important matters. Third: are relatively inelaborate notes. These were written by someone who we thought was not a copyist/calligrapher when compared with the general style of the book. Fourth: Warning notes which included some questions. These are generally in Turkish. The preface of the book, provides sufficient information about who the author was and the nature of the book. ʿAbd al-Raḥmān Efendi, with the intention of writing a collection, started to research taking into account imams' and shaykhs' nāsikh and mensūkh and he also considered sheikhs' explanations about what was definite and what needed caution and taqwa in practice. He recorded that this search lasted for 3 years and he referred especially to Fatāwa-yi Qādikhān and Fatāwa-yı Tatarkhāniyya within this period and additionally reviewed and studied Islamic Law books that he found in the Ottoman Empire. He described that he divided these into chapters and inserted subject matters in the footnotes. Then he described how he gave the title, Bostānu Shaqā'iḳ al-Nuʿmān to the book emphasizing especially bostan.This could be seen in the expression, Masīratan li'l-Qudāt. No reference was made to Shaqā'iḳ al-Nuʿmān in the title of the book. Probably he had his intentions due to the famous book titled Şeḳ' āiḳ-i Nuʿmaniye and his pupils). In the chapter which started with Fasl right after the preface the author said that fatwa would be issued based on the opinions of three imams, namely Abū Ḥanīfa, Abu Yūsuf and Imām Muhammed that their madhap was followed and their good morals were observed. Then, it was stated that the Mufti could issue fatwas according to the opinions of first, Abū Ḥanīfa, then Abu Yūsuf and finally Imam Muḥammed. It was also stated that if he could not find their opinions and had himself muctehid, he could give his ictihad. The Fatwa collection, Bostān, is an important work among the 16th century Ottoman books since it is an important scholar's book who had witnessed Islamic knowledge in the central Ottoman Empire and Crimean region. (shrink)