Murders that resulted in death were subjected to various divisions such as killing by intent, mistake or indirect. Various forms and different provisi-ons of each of these murders were found in itself. Indirect killing was deemed lighter than the others, and accordingly, the penalty was appreciated less, and it was even stated that the criminal responsibility fell completely, depending on the place. Because, while there is direct saving in other killing types, indirect killing has an indirect effect on the result. (...) In this article, we will examine to a death incident that occurred indi-rectly within the framework of the compensation law according to Hanafi Sect. For example, this study, in which we will deal with the issue of who should be blamed for this death in the event that a person who falls into a well dug in the road dies in that well for different reasons after a while, will also give general idea about the perspectives and methods of imams in murders that occurred indirectly. The different ideas and justifications of Imam Abu Hanifa, Imam Abu Yusuf and Imam Muhammad on this issue are discussed together with the reports and evaluations of the later Hanafi jurists. (shrink)

Bu makalede Erken dönem Eş‘ariyye’de dakîku’l-kelâm konusu izah edilmeye çalışılacaktır. Kelâm ilminin sistematik hale gelişinden itibaren konuları genellikle dakîku’l-kelâm ve celîlu’l-kelâm şeklinde ikili bir tasnifle ele alınmıştır. Dakîku’l-kelâm, konusu itibariyle âlem, âlemin unsurları, cevher, araz, cisim gibi fizik alanına tekabül ederken celîlu’l-kelâm ise uluhiyyet, nübüvvet ve sem’iyyât ile ilişkili olan metafizik alana tekabül etmektedir. Hicrî dördüncü asırda teşekkül eden Eş‘arî kelâm okulu varlık konusu başta olmak üzere fizik ve metafizik konuları sistematik bir şekilde ele almıştır. Erken dönem Eş‘arî kelâmında kelâm (...) ilminin fizik alanına tekabül eden dakîku’l-kelâm konularına epeyce yer verilmiştir. Bu çalışmada amacımız erken dönem Eş‘ariyye’nin Allah-âlem ilişkisi, âlemin hudûsu ve unsurları, cisim, cevher ve araz gibi meseleleri içeren dakîku’l-kelâm anlayışını sunmaktır. Allah-âlem ilişkisini ele almada daha önceleri Mu‘tezile tarafından kullanılan kelâm atomculuğunun Eş‘arî kelâmında da benimsenip benimsenmediğine değinilecektir. Aynı şekilde Âlemin işleyişinde bir zorunluluğun olup olmadığı meselesini konu edinen illiyet/nedensellik tartışmaları da ele alınacaktır. Bu çalışmanın erken dönem Eş‘arî kelâmının dakîku’l-kelâm alanındaki özgünlüğünü ortaya koymasını ve yeni çalışmalara kapı aralayarak literatüre bir katkı sunmasını umuyoruz. Çalışmada literatür taraması, mukayese ve metin analizi yöntemi kullanılmış olup konu erken dönem Eş‘ariyye ile sınırlandırılmıştır. (shrink)

This article is focused on the theory of nature (ṭabʽ) advocated by some of the early Muʽtazilī scholars such as Muʻammar b. ʽAbbād al-Sulamī (d. 215/830), Abū Isḥāq al-Naẓẓām (d. 231/845), Abū ʽUthmān al-Jāḥiẓ (d. 255/869) and Abū al-Qāsim al-Kaʽbī (d. 319/931) and its consequences about causality and miracle. The supporters of the ṭabʽ theory argue that Allah creates all beings with innate and permanent natures and these natures determine all movements and events in universe, and that necessary causal relationships (...) based on it prevail in the universe. But this understanding was criticized and rejected by the majority of Muslim theologians. The focal point of the criticism is God’s agency and His relationship with the universe. The acceptance of such necessary causality in the universe would make it impossible for God to intervene in nature, that is to create a miracle. So, miracles will be the work of the place where it occurs like all other acts when the concept of nature is accepted. In this case, it will not be possible to prove the omnipotence of God and belief in prophethood, which forms the basis of two principles of Islamic belief. This study deals with the dimensions of compulsory causality in the thought of naturalist Muslim theologians by addressing two questions: how the issue of miracle is grounded, and whether a divine intervention in nature of entities is possible. (shrink)

It is possible to talk about many reasons that determine the direction of religious publications in the first quarter of the Republic, both in terms of content, style and method. While some of these factors came into play or became stronger with the Republic, an important part of it has a history that goes back to Ottoman modernization. The decline of the Ottoman state, which started on the battlefields, caused serious land losses. This regression damaged the self-confidence of Muslims and (...) spread the idea that salvation would be possible with a Western-style modernization. In this context, the obligatory relations with the Western world, which were established with the feeling of backwardness, were not limited to the military, political and cultural fields, but also spread to the religious field. For this reason, while Ottoman scholars and thinkers sought ways out through political and administrative reforms, they had to discuss the current understanding of religion and the religion-world conception formed in this direction. It has been especially emphasized that Islam does not prevent progress, encourages scientific and technical developments, and is compatible with the principles of reason and logic in terms of content. It is also known that the emphases in this manner maintain their vitality in the texts written both in the last period of the Ottoman Empire and in the Republic of Turkey. On the other hand, this approach, which was not possible to develop independently of the positivist and materialist understanding of science formed in a determinist framework of the West, also affected the field of creed along with the practical and moral issues of Islam. This situation continued and strengthened when it was transferred to the republican period. Because the founding cadres of the republic, who sought a secular and positivist ground, defended the idea that the religious field in general and the creed in particular should not conflict with the scientific understanding of the period. Expressed in the context of the present study, the political center thinks that there are compulsory fixed laws within the framework of cause-effect relationship in nature and that no effect is possible outside of these laws. In response to this attitude, the issue of miracles has been used in religious publications to express situations that go above the laws of nature, on the one hand, it has been tried to be discussed without prejudice to the attributes and actions of Allah. On the other hand, this discussion was conducted without giving the impression that Islam contradicts modern science. Discussing the issue under the influence of the secular and positivist framework drawn by the political center and Western intellectuals makes the issue a worthwhile subject to investigate. Because, in the period of the New Ilm-i Kalam, the restrictive attitude of the founding cadres accompanied the rational and scientific interpretations about the possibility of miracles. This situation significantly determined the content and style of the texts written during the period. In these circumstances, I believe that it is important to point out the points of conflict and reconciliation in the grounding of a religious issue such as a miracle. In this direction, while the current study covers the years 1924-1960 in terms of time, it is a study that especially includes the publications of the Presidency of Religious Affairs and Ankara University Faculty of Theology as a source. The date 1924, which was determined as the starting date, is important both for the establishment date in terms of the Presidency of Religious Affairs and for the abolition of the caliphate and the taking of some important decisions such as the Law on Unification of Education. On the other hand, the date of 1960 points to a coup date and some fractures in the political sense. During the study, I included the sources published by both the Presidency of Religious Affairs and the Faculty of Theology of Ankara University, as well as other sources directly related to these sources. In addition to this time and resource restriction, it was also referred to important texts written before 1924 and after 1960 when appropriate. (shrink)