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)

First, I argue for historical contextualization of the Qur’an as a given historical collection of discourses propagated by Muhammad as divine inspiration. Secondly, I argue for a distinction between the Qur’an and Islam, since the latter is the outcome of human efforts to construct their lives in accordance with what they understood to be the teachings of the Qur’an. The last point is to show how the role of Muhammad in his interaction with the communities of his time in Hijaz (...) shaped the Qur’an. So, the article is organized as (1) introduction; (2) the Qur’an and lslam; (3) the Qur’an and history: open hermeneutics; (4) Muhammad and the Qur’an; (5) the divine—human communication; (6) Muhammad: the first recipient; (7) Muhammad in the Qur’an; and (8) the community of believers and the need for legal regulations; followed by (9) conclusion. (shrink)

يضم هذا الكتاب الأعمال الكاملة لندوة" نحو فلسفة إسلامية معاصرة"، والتي انعقدت لاستجلاء كيفية توظيف الفلسفة الإسلامية فكراً ونظريات ومبادئ ومقاصد في عملية إعادة تشكيل العقل المسلم، ومعالجة الأزمة الفكرية الراهنة لدى المسلمين، وإعادة بناء النسيج الثقافي الإسلامي- لعل هذه الأمة تستعد عافيتها وتسترد قدرتها- فإن هذه الأمة قد تخلفها وفي ابتلائها بالأزمة الفكرية لم يكن وحدها الخاسرة- لكن العالم قد خسر بانحطاطها الكثير.. فأمام علماء المسلمين كمية هائلة من تساؤلات العقل المسلم المعاصر، ومشكلات عويصة بعضها ذات جذور تاريخية ضاربة (...) في القدم تحتاج إلى دراسة وتحليل ولا بد من إعادة تقسيمها وطرحها.. وهذه البحوث والدراسات وإن صدرت متأخرة عن موعد انعقاد الندوة كل هذه الفترة، فإننا نأمل أن تكون قد أسهمت في إيجاد حل لجزء من هذه التساؤلات والمشكلات.. (shrink)

The contemporary Qur’anic studies have been marked by amazing development. Various methods and approaches to understand the Qur’an are offered by the scholars. One of the prominent figures in this field is Nashr Hamid Abu Zayd. Nasr Hamid Abu Zayd (1943–2010 M) is a highly controversial contemporary thinker. He is an Egyptian scholar who is accused of being apostate, because of his theory of qur’anic hermeneutic (the textual of Qur’an). This is reflected in his stances towards contemporary religious (...) discourse and the approach to reading religious texts, especially the Quran, which requires reading according to a hermeneutic mechanism. His books ‘Naqd al-Khitab al-Dini (Criticism of Religious Discourse)’ and ‘Al-Takfir fi Zaman al-Takfir (Thinking in the Time of Atonement)’ caused a great uproar in the early nineties of the last century. Abu Zayd was accused of criticising atheists because of their stances on the text. Therefore, this study aimed to discuss Abu Zayd’s position on contemporary religious discourse and his new approach to reading religious texts, and also aims to discuss why Abu Zayd’s theory has been string up Islamic world and ending by his expulsive from his native country. To deal with this problem, this article discusses Abd Zayd’s biography and some cultural framework of his people. The methodology of Qur’anic hermeneutic is the least his. Having examined the topic, the author finds that Abu Zayd believes that modem literary theory and criticism denote the way to understand and interpret the Qur’an ‘objectively’. The contribution of this research is discussing Abu Zayd’s contemporary religious discourse and his new approach to reading religious texts. Contribution: The contribution of this research is discussing Abu Zayd’s contemporary religious discourse and his new approach to reading religious texts. (shrink)

In this paper an Artificial Neural Network (ANN) model, for predicting the category of a tumor was developed and tested. Taking patients’ tests, a number of information gained that influence the classification of the tumor. Such information as age, sex, histologic-type, degree-of-diffe, status of bone, bone-marrow, lung, pleura, peritoneum, liver, brain, skin, neck, supraclavicular, axillar, mediastinum, and abdominal. They were used as input variables for the ANN model. A model based on the Multilayer Perceptron Topology was established and trained using (...) data set which its title is “primary tumor” and was obtained from the University Medical Centre, Institute of Oncology, Ljubljana, Yugoslavia Test data evaluation shows that the ANN model is able to correctly predict the tumor category with 76.67 % accuracy. (shrink)

Two Arabic Travel Books: Accounts of China and India and Mission to the Volga. By Abū Zayd al-Sīrāfī, edited and translated by Tim Mackintosh-Smith; by Ibn Faḍlān, edited and translated by James E. Montgomery. Library of Arabic Literature. New York: New York University Press, 2014. Pp. x + 312. $40.

This study focuses on discussing the choices of lessee in Jordan legislation because of a Defense Order in Curfew to face Corona Virus Disease 2019 and the impact of Corona virus disease 2019 on the lessor obligation. The study finds out that the lessee has two options: to cancel the contract regarding force majeure or refuge to court and to reduce the fare amount regarding exceptional circumstances. The study also recommended issuing a Defense Order specifying the exact percentage to be (...) reduced. In the absence of a Defense Order, the study of a friendly agreement should be recommended between the lessor and the tenant on the reduced percentage. (shrink)

This paper describes an Intelligent Tutoring System for helping users with ADO.NET called ADO-Tutor. The Intelligent Tutoring System was designed and developed using (ITSB) authoring tool for building intelligent educational systems. The user learns through the intelligent tutoring system ADO.NET, the technology used by Microsoft.NET to connect to databases. The material includes lessons, examples, and questions. Through the feedback provided by the intelligent tutoring system, the user's understanding of the material is assessed, and accordingly can be guided to different difficulty (...) level of exercises and/or the lessons. The Intelligent Tutoring System was evaluated by a group of users and the results were more than satisfactory in terms of the quality of the material and the design of the system. (shrink)

Name der Zeitschrift: Der Islam Jahrgang: 93 Heft: 1 Seiten: 35-64.

This paper discussed the life background of Nasr Hamid Abu Zayd and the hermeneutical method used to the interpretation of the Qur’an. Nasr Hamid Abu Zayd was among productive Muslim scientists. He wrote over twenty-nine works from 1964 to 1999. His works included books and articles. Nasr’sthought was a product of his educational background and religious thought. An interesting discussion of Nasr’s thought was the conceptual discourse. In the historical trajectory of the Arabic world, the text had a (...) crucial position, especially when we saw the development of Islamic literature from pre-Islamic to the Islamic era. The oral tradition was deeply rooted. The text was ultimately believed to have a major influence in the formation of civilization through a hermeneutical approach, developed by modernists such as Nasr Hamid Abu Zayd, which became an attempt to develop an approaching understanding the Qur’an which had been widely opposed among Muslims. Because there was a very basic difference between hermeneutics on the other hand, and tafsir-takwil on the other hand, so it is considered inappropriate to be used to study the Qur’an. Therefore, this paper will discuss the concept of the hermeneutical method of the Qur’an by Nasr Hamid Abu Zayd as a repertoire of Islamic studies. (shrink)

This research examines the descriptive and textual contexts of the Rashidun caliphs Hazrat Abu Bakr (d. 13/634), Hazrat Omar (d. 23/644), Hazrat Othman (35/656) and Hazrat Ali (d. 40/661) in the examples of signatures. However, it examines the general contexts of these signatures and aims to relate these detachment examples with their senders who have the qualifications of authority, eloquence and justice. These signature texts must be handled with full grace, awareness, forethought and responsibility, without any additions or reductions to (...) the text by the recipient. The research deals with the production area of signature and examines the forms of expression in terms of the interpretation and testify (istishad) included in these texts. In addition to these features, the research has applied to the texts of signature, which express a certain treatise, in order to express their expressions and to reveal the rhetorical aspects and textual differences they contain. As a result of the research, it has been seen that the Rashidun caliphs wrote the texts of signature with such qualities as wisdom, persuasion, lacotical (îcâz), suggestion, concentration, open-mindedness and avoidance of closedness, and in accordance with a goal. As a result of the research, it was seen that the signatures revolved around a pattern of focusing and concentrating on the meaning, combining the filtered beautiful words and the clarity of the wording and the literary aspect of the meaning. Finally, the caliphs used these signatures in line with a certain goal to solve many political and social issues. (shrink)

Un saggio in memoria di Nasr Hamid Abu Zayd , filosofo e teologo egiziano che ha contribuito in modo fondamentale alla diffusione dell’approccio letterario applicato al testo sacro dell’islam e al successivo sviluppo di un’ermeneutica di tipo umanistico in grado di affermare la portata rivoluzionaria e antidogmatica del concetto di Corano come insieme di discorsi. Nominato professore onorario all’Università di Leida, dove insegna a partire dal 2000, il professor Abu Zayd è costretto all’esilio nel 1995, dopo la condanna (...) per apostasia che gli viene mossa in ambito giudiziario proprio a causa del suo interesse per un terreno di studio così delicato.An essay written in memory of Nasr Hamid Abu Zayd , Egyptian philosopher and theologian who substantially contributed to the spread of the literary approach to the sacred text of Islam and to the subsequent development of a humanistic hermeneutics being able to affirm the revolutionary and anti-dogmatic significance of the concept of the Qur’an asset of discourses. Appointed honorary professor at Leiden University, where he began teaching in 2000, the professor Abu Zayd is obliged to go into exile in 1995, after his judicial conviction for apostasy due to his interest in such a delicate field of study. (shrink)

The history of mental illnesses is as old as human history. Mental disorders are affected by changing social and cultural factors during the historical process, and have been conceptually restructured and their definitions and classifications have been changed. The evolution of obssessive-compulsive disorders with roots as old as human history into modern concepts took place in the 19th century. The first scientific views on the spiritual origin of OCD belong to S. Freud. Freud observed that mental causes in OCD are (...) different from other mental disorders, and he examined obsession as a separate and specific disorder. Over time, it has been understood that OCD is a very common disorder. The American Psychiatric Association (APA) has classified OCD under an independent title in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) by removing it from the category of anxiety disorders. OCD is a mental disorder caused by mental actions such as obsessive thoughts (obsessions) and / or repetitive and compulsive behaviors (compulsion). The patient is often aware that such thoughts and behaviors are irrational and absurd. For this reason, he tries to get away obsessive thoughts that he finds contrary to his beliefs, opinions, moral values and logic from his mind. However, as he tries, obsessive thoughts become more and more frequent and create a great anxiety in the person. This time, the patient resorts to compulsions to alleviate the anxiety he feels or to get rid of it completely. As his compulsions repeat, his anxiety increases and he goes into a vicious circle. There are many symptom subgroups of OCD that seriously worsen the quality of life of the individual. One of these, and even the most overwhelming, is religious obsessions. It has been thought that there has been a relationship between religion and OCD for a long time in the psychology literature, and some remarkable studies have been conducted to clarify this relationship. Although there are many research findings showing that religion is an indispensable element in the protection of the mental health integrity of the individual, some forms of religious understanding and some experiences gained as a result of religious experiences may affect the concerns about OCD. This stage of religiosity is closely related to some sub-symptom groups of OCD. The explanations of the founder of the psychoanalytic method, Freud psychoanalytic method, and his followers made a great contribution to the understanding of OCD. However, since the psychoanalytic method exhibits a theoretically reductionist approach to religion, it is possible that the individual's devotion to religion is initially evaluated as a pathology or at least an important obstacle to insight. Today, cognitive behavioral psychotherapies are considered the most effective psychological treatment method for OCD, but their success rates in the treatment of religious OCD are low. Since religious OCD concerns often involve spiritual issues rather than concrete repeatable situations, behavioral methods can be quite difficult to apply in the treatment of religious OCD. Therefore, traditional psychotherapy approaches, even if they are not openly against religions, are insufficient to relieve the suffering in the lives of individuals with religious obsessions, as they generally neglect the religious dimension. Due to the vacuum that arises from restricting spiritual treatments to secular approaches, religious patients are threatened by the illegal practices of people who abuse religious feelings. Clinically, religious obsessions are more worrying and overwhelming. Therefore, their treatment is more difficult than others. Selective approaches that use different scientific disciplines together in the treatment of OCD and can stretch around religious beliefs and values can create more effective treatment models. Thus, the success rate in the treatment of religious OCD can be carried to higher levels thanks to the appropriate cooperation of the disciplines of medicine, psychology and theology. There is a rich religious cultural heritage that can support this collaboration in terms of theological disciplines. As an example, Abū Zayd al-Balkhī (d. 322/934), in his Maṣāliḥ al-abdān wa-l-anfus, probably made a clear distinction between neuroses and psychosis and classified neurotic disorders for the first time about ten centuries before Freud. In this study, the importance of approaching to religious obsessions as both a psychological disorder and a theological problem is emphasized. For this reason, cooperation of psychiatric and psychological approaches with spiritual counseling and guidance is recommended in the treatment of religious OCD. The difficulty in distinguishing whether the symptoms seen in a religious person are normal, natural religious thoughts and behaviors of religious life or abnormal appearances in the religious guise necessitates this interdisciplinary cooperation. (shrink)

Thoughts of Muḥammad Mujtahid Shabistarī and Naṣr Ḥāmid Abū Zayd about Quranic hermeneutics and philosophy.

The book under study is "Kitāb al-Uṣūl" and its commentary "Sharḥ al-Uṣūl" written by Ibn Ḥallād al-Basrī, one of Abū Ḥāshim al-Jubbāʾī's leading students. This work is the result of the Mu'tazilite Manuscripts Project conducted by Sabine Schmidtke and D. E. Sklare, and has been published in an edited edition by Camilla Adang, Wilferd Madelung, and Sabine Schmidtke. The study, entitled "-A Critical Edition of the Ziyādāt Sharḥ al-uṣūl by the Zaydī Imām al-Nāṭiq bi-l-ḥaqq Abū Ṭālib Yaḥyā b. al-Ḥusayn b. (...) Hārūn al-Buṭḥānī " begins with quotations from Ibn Ḥallād's Kitāb al-uṣūl or its incomplete commentary, Sharḥ al-uṣūl. This is followed by various quotations written in addition to Ibn Ḥallād's incomplete commentary, which are mostly from Kādī ʿAbd al-Jabbār's Sharḥ. Then the commentary of the Zaydī Imam Nāṭīq-Bilḥāq is added, and finally, the text is completed by the commentary of his student and annotator, Abū al-Ḳāsīm Aḥmad b. Mahdī al-Ḥasan. Although the text does not directly define the usūl al-hamsa, the reader can recognize this progression. Beginning with tawhid, the text moves on to justice, followed by va'd-va'id, and finally concludes with topics such as predestination, sustenance, accident, and fate. (shrink)

RésuméDepuis Ibn Mattawayh et Mānkdīm jusqu'à George Hourani et Marie Bernand, les spécialistes ont montré un intérêt constant pour la théorie de la connaissance d' ʿAbd al-Jabbār, intérêt plus grand encore depuis la parution des textes de Muʿtazilites tardifs comme leKitāb al-Muʿtamad fī Uṣūl al-Dīnd'Ibn al-Malāḥimī, et leKitāb Taṣaffuḥ al-Adillade son maître Abū al-Ḥusayn al-Baṣrī. Cet article examine la théorie de la connaissance immédiate d' ʿAbd al-Jabbār à partir de sonMughnī, ainsi que de textes écrits par ses élèves ou par (...) des Muʿtazilites tardifs. Est aussi étudié le rapport entre cette théorie et les arguments théologiques d'ʿAbd al-Jabbār. Ce travail est divisé en deux parties: en premier lieu, j'étudie la définition de la connaissance immédiate par ʿAbd al-Jabbār et les réactions de ses successeurs; en second lieu, j'analyse sa conception des types de connaissance immédiate étroitement liés à ses arguments théologiques. Et à partir de là, je montre comment le désaccord à propos du contenu de cette connaissance est à l'origine du débat opposant les théologiens musulmans (mutakallimūn) à propos de la validité de certains arguments théologiques. (shrink)

Nasr Hamid Abu Zayd, the contentious Egyptian thinker, has proposed different ideas about the revelation and the Qur’an and encountered with different reactions. He made endeavor to provide some natural and non metaphysical explanations for the Islamic phenomena. In this regard he went through the miraculous feature of the Qur’an differently and reduced it to a cultural-literary phenomenon that everyone who knows Arabic takes it as a fundamental cultural text. Analyzing the literature and the linguistic mechanism of the Qur’an (...) from the viewpoint of the current literary criticism will show its role in the creation of history and culture. This view is radically different from the viewpoint of faithful people because it reduces the religious attitude to a cultural atmosphere in which the Qur’an is like the other masterpieces which may be literary criticized. The content of the Qur’an, in this kind of criticism, is ignored while in the current literary criticism the content is heeded too. (shrink)

Grammar studies on Arabic started with Abu Aswad ad-Duali (d. 69/688) in Basra, the center of science and culture. Grammar studies have improved with scholars such as Khalil b. Ahmed (d. 175/791) and Sibeweyhi (d. 180/796) during the Abbasid period (750-1258). These studies, which continued in the style of commentary and annotation after the Abbasid period, reached its peak in the Ottoman period (1300-1922). One of the scholars who wrote a work in the style of commentary on the science of (...) nahw (syntax) is Ali b. Muhammed b. Mas‘ud al-Bistami al-Shahrudi (d. 875/1470). He became famous with the nickname Musannifak because he started to write books at a young age. 15th-century Ottoman scholar Alaaddin Musannifak Mas‘ud al-Bistami al-Shahrudi (d. 875/1470) grounded the nahw issues, he used the Qur’an, hadith and Arabic theology; he also applied to rational proofs such as qiyas and istishab. In this article, Musannifak’s method of applying only to narrated sources such as the Qur’an, hadith and Arabic words in order to reveal his methods of commentary is discussed. In this context, Musannifak’s method of reference to narrative sources in his commentary has been revealed with a qualitative approach by analysing his work on al-Misbah by Nasir b. Abdiseyyid b. ‘Ali al-Mutarrizi (d. 610/1213), Sharḥ al- Miṣbâḥ fi al-naḥw. (shrink)

: In Islamic inheritance law, although in different ratios, the shares of male and female siblings are already determined. The testator has no right to deprive the inheritors of inheritance. However, in today’s Islamic countries, it is well known that some testators deprive the inheritors of inheritance fully or partially through various ways such as donation, last will, and fictitious. Last will, as a legal term, means that a person transfers his\her property complimentarily to person\persons who have the right to (...) inherit originally or legally, provided that it is valid after death. In Islamic law, principally, making a last will to foreigners is regarded as a legitimate act. However, today, as it was in the past, the right of last will is being misused in causing harm to the inheritors and depriving them of the inheritance. For this reason, in Islamic law, there have been taken some precautions to prevent any possible misuse of the last will right in order to protect the rights of the inheritors and third persons. These precautions are as follow: The last will that is made is restricted to one third of the total amount; It is prohibited to make last will to the inheritors; There have been laid down some formal conditions for proving a last will; It is prohibited to make a last will with the intention of harming the inheritors, even if it is one third and less than one third. Summary: In Islamic inheritance law, although in different ratios, the shares of male and female siblings are already determined. The testator has no right to deprive the inheritors of inheritance. However, in today’s Islamic countries, it is well known that some testators deprive the inheritors of inheritance fully or partially through various ways such as donation, last will and fictitious. Therefore, some precautions have been taken in Islamic law in order to protect the right of the inheritors to inheritance. One of these precautions is to impose some restrictions on the legal acts of the testator who has an intention of depriving his\her inheritors fully or partially of the inheritance, misusing his\her right oflast will. The last will, as a legal term, means that a person transfers his\her property complimentarily to person\persons who have the right to the inheritance originally or legally, provided that it is valid after death. The last will is a legal procedure which is regarded as legitimate in all societies and legal systems. All legal systems that accept the legitimacy of the last will set out some regulations and restrictions on the use of the last will to protect the rights of individuals and public order. In Islamic law, the last will is also regarded as a legitimate regulation in order to meet people's earthly needs and to be a means of solidarity and getting reward in hereafter. However, in today's Islamic countries, the right of last will is being misused in causing harm to the inheritors and depriving them of the inheritance. In Islamic law, the precautions that have been taken to prevent any possible misuse of the last will right in order to protect the rights of the inheritors and third persons are as follow: The last will that is made is restricted to one third of the total amount The Prophet Muhammad visited Sa'd b. Abu Vakkas due to his illness in the year in which the Last Pilgrimage was being performed. Sa'd b. Abu Vakkas had no children other than a daughter. That is why he told the Prophet that he wanted to make a last will according to which the two third of his property shall be given to the foreigners. Thereupon, the Prophet Muhammad told him that he could only give one third of his property maximum. The Prophet Muhammad explained the reason why as follows: “It is better to leave your inheritors as wealthy than to leave them as needy people.” ; Muwatta, “Wasiyyāt”, 3; Tirmīzī, “Wasāyā”, 1, Abū Dāvūd, “Wasāyā”, 2; Nasāī, “Wasāyā”, 3; Bayhakī, “Wasāyā”, 5.). The Muslim jurists who regard this event as a proof have arrived at the consensus that the Muslims can only give one third of their property to foreigners by means of the last willIt is prohibited to make last will to the inheritors The Prophet Muhammad said, "Allah surely gives every right. There is no will to inheritors.” The Muslim jurists who regard this saying as a proof have arrived at the consensus that the last will to inheritors cannot not be made. There have been laid down some formal conditions for proving a last will Since a last will is a process that is upon death, there might be some disagreement between the inheritors and those who are a last will made to after the death of testator. For this reason, the last will shall be proven so that any possible dispute would be prevented. In the classical Islamic Law, it is emphasized that the last will should be oral, written or by any means of signs that might express oneself well, and the last will shall be made in the presence of the witnesses as a matter of principle. However, in my opinion, following the verses that require the last will to be made before the witnesses, placing the last will on record through an official procedure is much more suitable in regard to the purpose of the Shari’ and the spirit of Islam. Indeed, in the Islamic countries, the Family Law Codes are subject to the legal dispute that a case cannot be open if a last will is not been made in accordance with the law. It is prohibited to make a last will with the intention of harming the inheritors, even if it is one third and less than one third. In Islamic law, the last will made to foreigners is limited to one third of the property of the testator. Nevertheless, still there is a possibility of misusing this right against the inheritors with the intention of depriving them of the inheritance even if it is one third and less than one third. However, the verse which lay down the condition "the will made without harming the inheritors" indicates that the last will is legitimate only with the intention of not harming the inheritors, even if it is less than one third. Therefore, the last will made to foreigners with the intention of harming the inheritors, as it is contrary to the purpose of the law maker, can be restricted by the public authority. No doubt, the most important of the above-mentioned precautions is to restrict a testator's right of the last will to one third of the property when it is a foreigner to whom he is willing to give from his property, and the remaining two third is left to the inheritors. That is why in Islamic law, this two-third share, which is legally guaranteed and will be passed on to the inheritors, is called "reserved share". In principle, except for some exceptions, the testator has no authority to give from the "reserved share." Although in Islamic law, theoretically, the two-third share called "reserved share" is legally secured, nowadays, the testators are misusing their right of the last will. Therefore, the question “is it possible for the public authority, in Islamic law, to restrict a person’s essentially legitimate right of making last will in a case of misuse?” is quite important concerning our subject matter. It has been accepted as a basic principle that the acts in the category of "mubah" in Islamic law are to be taken without violating the rights of others and harming the public. Accordingly, it is possible for the public authority to restrict the acts that are taken in contradiction to the purpose of Shari and the interest of others. From this point of view, the use of the right of the last will in Islamic law is not absolute and unrestricted. Therefore, in the case of harming to the inheritors, it is possible that the right to be restricted by the public authority. As a result, the last will right, in Islamic law, is restricted in four different ways in favour of the inheritors as briefly summarized above. (shrink)

Abū Isḥāq Ibrāhīm al-Zāhid al-Ṣaffār is one of the important representatives of the Kalām thought of the Ḥanafī-Māturīdī School. He was born in A.H. 450/ C.E. 1058 in Bukhara that is one of the city of Transoxiana/Mawara al-nahr where Maturidi School has emerged around this socio-cultural environment. He completed his education and served as a leader (rais/ ṣadr) of the Hanafite scholars there until he was exiled to the city of Marv. Upon his return from exile, he passed away in (...) Bukhara in A.H. 534/ C.E. 1139. The present study aims to determine his method in Kalām. The introduction outlines the subject, significance, purpose, method, and sources of the research. In this study, it was employed a method that focuses on a person in which he/she is examined with his/her views and thoughts by taking into account his/her socio-cultural factors. By doing this, the first chapter of this study deals with the political, socio-economic, and scientific situation in Transoxiana, and the activities of diverse religions, sects, and philosophical schools in this region in A.H. V-VI/C.E. XI-XII. In the second chapter, it studies al-Ṣaffār’s life, scientific personality, works as well as the sources that he made references to in his works in detail. In the third chapter, the kalām method of al-Ṣaffār has been tried to be determined. For this purpose, it analyzes his extant works, Talkhīṣ al-adilla li-qawāʿid al-tawḥīd and Risālah fī al-kalām and elaborates first on his defense of the Kalām that gives great importance to reason (ʿaql) and to intellectual debates, if necessary, in theological issues. Then it explores his theory of knowledge with his ideas on the definition, possibility, sources, and types of knowledge, and the epistemological understandings he defensed or criticised. Furthermore, to determine his Kalām method, it evaluates his approach towards the value of ‘aql and naql (Qurʾān-Ḥadīth) as sources of knowledge. Since this issue is a distinctive tool for unveiling the kalām methods of different mutakallims and Muslim sects. Finally, it finds out the types of istidlāl, meaning inference of one thing from the other that he used when he argues and defends his views, and illustrates with examples. (shrink)

In this study, the classification of Zaydī fuqahā’ that emerged in the mutaaḫḫirūn period of Zaydī fiqh and related terms are examined. The book named Bulūgh al-arab wa-kunūz al-dhahab fī-maʿrifat al-madhhab, which has great importance among the studies aiming to present the Zaydī fiqh accumulation as a uniform doctrinal structure was taken as a basis in the processing of the subject. After an introduction in which Zaydī fiqh studies are evaluated in their relationship with the subject, the issue is handled (...) under three main headings. In the first title, the author and his work are introduced, and in the second and third titles, the methods and terms used in the classification of the Zaydī fukahâ are examined. The author of the work is ʿAlī b. ʿAbd Allāh al-Shaharī (d. 1190/1776) who lived during the period of the Qāsimī dynasty (al-dawla al-Qāsimiyya) in Yemen. The most important feature of the work, which was prepared using many sources that were attributed importance among the Zaydī literature, is that it was the most comprehensive of all that had written on madhhab doctrine until then. The first part of the work explains that the right madhhab to be followed is Zaydiyya. In the second part, the classes of the Zaydī fuqahā’, which is the subject of our study, are explained. The fuqahā’ classes are primarily divided into two parts: al-salaf al-ṣāliḥīn and al-ḫalaf al-ṣāliḥīn. The first dates back to the beginning of the 3rd/10th century. This class is divided into two parts, as al-sābiqūn and al-mutaaḫḫirūn. The sābiqūn starts with ʿAlī b. Abī Ṭālib, his two sons al-Ḥasan and Ḥusayn and ends with the sons of twelve imams who are their descendants. Zayd b. ʿAlī (d. 122/740) is one of the twelve imams. The most important of the faqīhs in the part of mutaaḫḫirūn, which started with al-Qāsim b. Ibrāhīm al-Rassī (d. 246/860), are the six imams called ahl-al-nuṣūṣ or aʾimma al-nuṣūṣ. The reason why they are named as such is that their words were taken as a basis in determining the views of the sect on the field of uṣūl and furūʿ l-fiqh. al-Qāsim al-Rassī is at a point where all the knowledge of the Prophet's family and the principles agreed upon by sābiqūn, reach him through many channels. al-Hādī Yaḥyā b. al-Ḥusayn (d. 298/911), grandson of al-Qāsim, is the most important imam in terms of his position in the madhhab. The ḫalaf al-ṣāliḥīn is also divided into two parts as ahl l-taḥṣīl and ahl l-naẓar. The first part also referred to as muḥaṣṣilūn or aʾimma al-taḥṣīl, has no subcategories. The second part is divided into two sub-sections as ahl l-taqrīr and mudhākirūn. The muḥaṣṣilūn class starts with those who catch up with the last class of ahl al-nuṣūṣ and ends with ʿAbd Allāh b. Ḥamza (d. 614/1217), one of the three important imams. Two other important imams of muḥaṣṣilūn are Aḥmad b. al-Huṣayn (d. 411/1020) and his brother Yahyā b. al-Husayn (d. 424/1032). It is the fiqh activity of the jurists of this class, called taḥṣīl l-madhhab, that brought Zaydī fiqh, which was fiqh of imams (madhāhib l-aʾimma) in its first period, into a single madhhab and to its classical form in the last period. Mudhākirūn jurists lived at the same time as the ahl-t-taqrīr. This period is about 700 years from the beginning of the 6th/12th century, which is the last century of the muḥaṣṣilūn class, to the end of the 12th/18th century, when Shaharī lived. The roles of the ahl al-taqrīr in the madhhab mostly consist of reviewing the works of the ahl-l tahṣīl, approving the correct ones, and correcting the wrong ones. That's why they are so named. The author of Kitāb l-Azhār, Aḥmad b. Yaḥyā l-Murtaḍā (d. 840/1437), is one of the prominent jurists among the ahl l-taqrīr. The majority of Zaydi fuqahā’ belong to the muẕākirūn class. These are the lowest class of the ahl-al-naẓar. As an important result reached in the study, it is possible to express the following: There is a difference between some of the knowledge and opinions in modern Zaydī studies, which include the same subject as Shaharī's work, in terms of the classification of Zaydī fuqahā’ and the terms used. Therefore, the findings and conclusions based on this work should be confirmed by new studies on other Zaydī classics, and existing opinions on Zaydī jurisprudence should be reviewed. (shrink)

Abū Ishāq al-Ṣaffār was one of scholars of the Western Qarakhānids’ period who followed the Kalām thought of al-Māturīdī (d. 333/944). His theological works Talkhīs al-adilla and Risāla fī al-kalām, his method in kalām, and frequent reference to his works by Ottoman and Arab scholars indicate that al-Ṣaffār is a respected and authorative Māturīdī theologian. The article focuses on his defense of the kalām. By adding a long introduction to Talkhīs about the naming, importance, and religious legitimacy of the science (...) of kalām, Saffār asserted that the kalām should be learned. When systematical vindication of the science of kalām is examined, it is understood that al-Ṣaffār is the first theologian who reserved a private and voluminous part for defensing the kalām among Ḥanafī-Māturīdīs. Even though he does not state its systematic, it can be understood that vindication of kalām in al-Ṣaffār divides into three parts as of explanation, demonstration and refutation. Al-Ṣaffār’s defending the science of kalām shows that there were opposite thoughts against kalām in the 4th/10th and 5th/11th centuries throughout in Transoxania. In this period Aṣḥāb al-Ḥadīth and Ikhwān al-Ṣafāʾ were the opposite fronts of kalām. In addition, he was trying to go beyond the oppositions of Ḥanafī jurists. His vindication is consistent and has scholarly depth because it is able to be against a strong opposition. -/- SUMMARY: Abū Ishāq Ibrahīm b. Ismāil Zāhid al-Ṣaffār al-Bukhārī is a scholar belonging to the Ḥanafī theological tradition which was improved by the contribution of Ḥanafī theologians who used thinking system of Abū Ḥanīfa (d. 150/767) as base and adopted Abū Manṣūr al-Māturīdī (d. 333/944) and his thoughts in historical process. The contents of his theological works Talkhīs al-adilla li-qawāʿid al-tawḥīd and Risāla fī al-Kalām, the method that he used, and references to his works made by Ottoman and Arab scholars indicate that he is an important Māturīdī theologian. The article focuses on his defense of the science of Kalām. -/- In Talkhīs al-adilla, there are two sections including the subject of naming, and importance and necessity of Kalām discipline. Here, the necessity of learning Kalām and its value are defended in detail. -/- Besides, rumors “Abū Ḥanīfa turned away from the science of Kalām in his doomsdays” and that “He prohibited to make occupation with Kalām completely” are evaluated. -/- When systematical vindication of the science of Kalām is examined, it is understood that al-Ṣaffār is the first theologian who reserved a private and voluminous part for defensing the Kalām among Ḥanafī Māturīdīs. Even if Abū Manṣūr al-Māturīdī, Abū al-Yusr al-Bazdawī (d. 493/1100) and Abū Muʿīn al-Nasafī (d. 508/1115) defend that the science of Kalām is not wrong for religion; yet, the vindication of Kalām does not take a place under a separate title and in a detailed manner in any of Māturīdī theologians works. -/- The method that al-Ṣaffār used when he is defending the science of Kalām, differs from strategy of Abū Ḥanīfa. While Abū Ḥanīfa has mentioned that there is a need for the science of Kalām under these new circumstances, al-Ṣaffār has defended theologians who were charged with being Ahl al-Bidaʿ, by trying to prove that the prophets especially the Prophet Ibrāhīm, even the Companions of the Prophet Muḥammad (Ṣaḥāba) and the Successors of the Companions (Tābiʿūn) scholars use their minds and make arguments in religious matters. In this respect, he emphasizes that the Qurʾān orders to think and discuss gently, not to be stay in silence: “And dispute with them, using what is best” (16.125-126). Therefore, he states that this discipline which took a mission to explain and defend the creed of Islam (ʿaqīda), cannot be characterized as an innovation (bidʿah) or illicit. -/- His vindication method can be defined as a more developed type of method that Abu’l-Ḥasan al-Ash’arī’s (d. 324/935) used in Risāla fī istiḥsān al-khawḍ fī ʿilm al-kalām. Even though he does not state its systematic, it can be understood that vindication of Kalām in al-Ṣaffār divides into three parts as of explanation, demonstration and refutation: -/- a) Explanation: Explaining the necessity and importance of the science of Kalām by giving information about its definition, names, value and place among other principles. -/- b) Demonstration: Revealing the religious basics of the science of Kalām from the Qurʾān, the Sunna of the Prophet Muḥammad, the Companions of the Prophet, and the Successors of the Companions thus specifying that it is legitimate for religion. -/- c) Refutation: Replying the claims having aim to weaken the value of Kalām principle and its religious legality. -/- Al-Ṣaffār describes ‘the science of Kalām’ as ‘Knowing the Real with the evidences which help to reach the absolute information’. By allocating the concept of 'Ḥaqq', he repeats the definition of Kalām as “it is to know God with certain evidences” in a part of his work, and “it is to know the principles of religion (uṣūl al-dīn) with certain evidences” in another part. He describes Kalām as “Knowing ḥaqq / God / uṣūl al-dīn by depending on evidence”, and tries to prove that it is wrong to consider a science which performs the stated duty, as illicit and abominable and thus turn away from it. -/- Al-Ṣaffār thinks that it is right to call this principle as ‘Kalām’ because of the certain evidences leading to the truth that this science has used. This thought was defended by other theologians as well. -/- For example, according to Saʿd al-Dīn Masʿūd al-Taftazānī (d. 792/1310) it seems like to say “This is the word (kalām), not the other knowings” by the way of the power of evidences used in Kalām.Thus, it is appropriate to give name Kalām for this science which based on certain evidences. -/- Al-Ṣaffār’s explanations revealed in scope of vindication of the Kalām are adopted by some of following scholars. Ḥusām al-Dīn al-Sighnāqī (d. 714/1314) in his book called al-Tasdīd sharḥ al-Tamhīd fī qawāʿid al-tawḥīd quotes Saffâr’s explanations as the same. -/- Al-Ṣaffār indicates that the method told in the Qurʾān is to reply questions about religion, beliefs and rejection instead of remaining in silence. The duty taken on by Kalām is this vindication activity performed by the prophets whose examples are described in the Qurʾān and which is legal and demanded. His way of thinking and vindication of the Kalām resembles that of Abū Manṣūr al-Māturīdī. Al-Māturīdī says, “Prophets and we were ordered to invite infidels to Islam. When this invitation happens, the respondents will ask for evidence and explanation, and discussion will be inevitable. Therefore, discussing and talking about subjects of Kalām is not objectionable”. -/- Thoughts of al-Māturīdī and al-Ṣaffār regarding the vindication of the Kalām were repeated by Nūr al-Dīn al-Ṣābūnī (d. 580/1184), and Fakhr al-Dīn al-Rāzī (d. 606/1210) later. According to al-Ṣābūnī, the evidences put against deniers and especially the discussion made by the Prophet Ibrāhīm to defend his own belief, prove the legality of Kalām discipline. Likewise, according to al-Rāzī, the duty of Kalām is just an activity performed already in the Qurʾān and ordered to the prophets. At this point of view, since the prophets were leading to Kalām, banning this activity is nonsense. -/- According to al-Ṣaffār, the reason for why Abu Hanifa avoids his son Hammād from these discussions is that Abu Hanifa does not like discussions based on obstinate. Otherwise, it cannot be that Abū Ḥanīfa prohibits to learn Kalām and make discussion about Kalām. According to him, this behavior of Abū Ḥanīfa results from that people discussing with him are ignorant about the subject of Kalām, discussion turns to an obstinate, and coming to an end of discussion seems impossible. This comment of al-Ṣaffār is quoted in Miftāḥ al-saʿāda wa-miṣbāḥ al-siyāda by ʿIṣām al-Dīn Aḥmed b. Muṣṭafā Tashköprüzāde (d. 968/1561) and in Minaḥ al-rawḍ al-azhar fī sharḥ al-Fiqh al-akbar by ʿAlī b. Sulṭān Muḥammad al-Qārī (d. 1014/1606) as same as his words. -/- Al-Ṣaffār’s defending the science of Kalām shows that there were opposite thoughts against Kalām in the 4th/10th and 5th/11th centuries throughout in Transoxania.In this period Aṣḥāb al-Ḥadīth and Ikhwān al-Ṣafāʾ were the opposite fronts of Kalām. In addition, he was trying to go beyond the oppositions of Ḥanafī jurists (fuqahāʾ). Because some of the Ḥanafī jurists thought that Abū Ḥanīfa forsook occupation with the science of Kalām and even he prohibited his son to have interest in this discipline. But some of Ḥanafī theologians such as al-Māturīdī, al-Nasafī and al-Ṣaffār protested this thought which describes Abū Ḥanīfa as a banner for Kalām. -/- His vindication is consistent and has scholarly depth because it is able to be against a strong opposition. -/- His book Talkhīs al-adilla li-qawāʿid al-tawḥīd is a unique source in terms of containing vindication of the Kalām in detail and also influencing the approaches of the next period scholars. (shrink)

Abu Ishaq al-Saffar was one of scholars of the Western Qarakhanids' period who followed the Kalam thought of al-Maturidi (d. 333/944). His theological works Talkhis al-adilla and Risala fi al-kalam, his method in kalam, and frequent reference to his works by Ottoman and Arab scholars indicate that al-Saffar is a respected and authorative Maturidi theologian. The article focuses on his defense of the kalam. By adding a long introduction to Talkhis about the naming, importance, and religious legitimacy of the science (...) of kalam, Saffar asserted that the kalam should be learned. When systematically vindication of the science of kalam is examined, it is understood that al-Saffar is the first theologian who reserved a private and voluminous part for defending the kalam among Hanafi-Maturidis. Even though he does not state its systematic, it can be understood that vindication of kalam in al-Saffar divides into three parts as of explanation, demonstration and refutation. Al-Saffar's defending the science of kalam shows that there were opposite thoughts against kalam in the 4th/10th and 5th/11th centuries throughout in Transoxania. In this period Ashab al-Hadith and Ikhwan al-Safa were the opposite fronts of kalam. In addition, he was trying to go beyond the oppositions of Hanafi jurists. His vindication is consistent and has scholarly depth because it is able to be against a strong opposition. (shrink)

The article covers main features of Early Modern Sufi Philosophy in Crimea. Based on the new discoveries of Arabic manuscripts in Turkey (libraries in Istanbul and Corum) and Germany (Berlin library), the study provides analysis of the Sufi approach towards human onthology, developed by Crimean thinkers Ibrahim al-Qirimi, Abu Bakr al-Kafawi and finally Hussam al-Din al-Qirimi. Apart from the classical Sufi rethinking of a human being as the body-soul entity making spiritual journey towards final Perfect Man (al-insan al-kamal) and approaching (...) ultimate revival, Crimean thinkers also paid great attention to the issue of human freedom, naming it by special term (Arabic al-istiqlal, literary meaning “independence”). In contrast to rather conservative background of Islamic discursive theology (kalam) and other schools of Islamic philosophical thought of the Post-Classical period, special attention to this concept can be regarded as evidence of some "humanistic" tendencies among thinkers of the Crimean Khanate. The article also notes that this concept of freedom was considered by Crimean thinkers as one of the important conditions for the manifestation of Divine Attributes in human existence; that is, the anthropologic measurement of the pantheistic idea of "unity of being", widely poplular among Sufis of those times. Taking into account the fact that the modern notion of "freedom" in the Arabic philosophical thought is based predominantly on Western concepts, the new reading of Sufi Post-Classical manuscripts reveals autochthonous cultural potential of this tradition. (shrink)

This article analyses how recent critiques of secularism in political philosophy and cultural anthropology might productively be combined and contrasted with each other. I will show that Jürgen Habermas' postsecularism takes insufficient account of elementary criticisms of secularism on the part of anthropologists such as Talal Asad and Saba Mahmood. However, I shall also criticize Saba Mahmood’s reading of secularism by arguing that, in the end, she replaces the secular–religious divide with a secularity–piety divide; for example, in her reading of (...) Nasr Abu Zayd’s secular Islamic hermeneutics. This inhibits the use of her framework of analysis for a criticism of a problem central to Habermas' postsecularism, namely that it remains focused on specific intensities of belief. I shall then argue that, combined with the anthropological critiques of the secular, the political-historical nature of the fanaticism–piety–violence nexus should be integrated into political philosophical debates on secularism and postsecularism. (shrink)

A number of innovative hermeneutical approaches emerged in Muslim exegetical discourse in the second half of the 20th century. Among these developments is a trend of systematic reform theology that emphasises a humanistic approach, whereby revelation is understood to be dependent not only upon its initiator, God, but also upon its recipient, Prophet Muhammad, who takes an active role in the process.Ali Akbar examines the works of four noted scholars of Islam: Fazlur Rahman, Abdolkarim Soroush, Muhammad Mujtahed Shabestari and Nasr (...) Hamid Abu Zayd. His study shows that the consequences of taking a humanistic approach to understanding revelation are not confined to the realm of speculation about God-human relations, but also to interpreting Qur'A nic socio-political precepts. And the four scholars emerge as a distinctive group of Muslim thinkers who open up a new horizon in contemporary Islamic discourse. (shrink)

This article aims to analyze the views of two pioneering Ḥanafī scholars, Abū Manṣūr al- Māturīdī and Abū Zayd al-Dabūsī, on the meaning of death and life in terms of their general doctrine of religion. In the first part, the general framework of Māturīdī and Dabūsī’s evidentialist conception of religion are drawn. In the second part, Māturīdī's views on the meaning of death and life and are explored. In the third part, the views of Abū Zayd al-Dabūsī on (...) the meaning of death and life, who establishes a striking connection between the divine order and existence, divine prohibition and non-existence, are examined, and a general evaluation is offered in the last section. Al-Māturīdī proposed a very original and systematic example of doing philosophy of religion, which still promising for the modern problems of the field, by opening the phenomenon of religion itself to discussion, and analyzing the nature and elements of religion. Māturīdī aims to place the problems on a universal and theoretical basis and to present a holistic, metaphysical understanding while discussing specific and particular issues in religion. Just as there are main notes in classical Western music that repeat throughout the symphony in baroque style, there are universal principles in al-Māturīdī’s metaphysics that cut all particular debates vertically. The basic principle of the al-Māturīdī’s metaphysics is based on this idea: God is a wise being, he does not do anything wise. Accordingly, it is absurd to create something to destroy; God did not create man to perish. The love of life and the fear of death are the deepest existential problems facing man as a finite being that goes towards death. Religion can be regarded as a powerful alternative to other worldviews to the extent that it provides a reasonable explanation for man’s deep concern about finitude. For al-Māturīdī, neither pessimistic understandings that emphasize only the fear of death nor hedonistic understandings that ignore death offer a reasonable solution. God created death as something that people fear the most and avoid, and life as something they love and desire. The testing of man is about being between the fear of death and the desire to live in the world. According to al-Māturīdī, this dilemma that man is facing also shows him the way out. If people do good and useful deeds because of their love for life, and avoid nonsense and ugly deeds because of their afraid of death, they can make their life eternal with their own efforts and escape from eternal/permanent death. The other Hanafī thinker, a philosopher of law Abū Zayd al-Dabūsī’s views on the meaning of death and life are parallel to Māturīdī's. According to al-Dabūsī, to test man, what God has placed in human nature is not only the soul and reason but also the spirit (al-nafs) and whim (al-hawa). While the spirit and whim invites man to the temporary by ignorance, it calls the soul and reason to the permanent by knowledge. The test for human beings is to choose between the temporary and the eternal life. For al-Dabūsī, man’s saving himself from falling into nothingness and gaining the eternal life depends on his use of reason. In other words, the reason binds human beings to life, and the whim leads them to nothingness. Drawing a parallel between reasoning and existence, ignorance and absence, Dabūsī defines the terms divine command and divine prohibition in a very original way. For him, the divine command is the things that must exist, and the divine prohibition is the things that must not exist. If the man helps exist the things that God wills to exist, he can make his own existence eternal. If the man helps exist the things that God does not will to exist, he puts himself into nothingness. Lastly, both for al-Māturīdī and al-Dabūsī, life is a divine grace bestowed on human being to gain eternal life through the good deeds he does at any moment. In short, reason is necessary in religion because its use is a preference of existence to non-existence. This metaphysical system, which sees goodness as a bridge from this finite world to heaven and eternity and makes a connection between faith and deeds on the ontological and ethical level is the essence of the worldview of the Hanafī-Māturīdī tradition. (shrink)

In legal methodology (usul al-fiqh), the problem of the defining istiḥsān and the legitimacy of its definition is among the critical discussion topics. To overcome the rigorism of law, istiḥsān was used by the founder scholars of Ḥanafī school of law and Malik b. Anas - however this use received various objections. Although the Mālikī scholars also used istiḥsān strong criticisms of istiḥsān have been directed on the Ḥanafīs. After the severe criticism of Muḥammad b. Idrīs al-Shāfiʿī, the Ḥanafī scholars (...) carried out various intellectual activities to define istiḥsān and to prove that it is legitimate. This process -which started especially with Abū’l-Ḥasan al-Karkhī and Abū Bakr al-Jaṣṣāṣ, revealed a rich accumulation with the contribution of the legal theorists in other school of laws. It is known that al-Karkhī's definition of istiḥsān has become widespread among the legal theorists, and the legitimacy of istiḥsān in the works of legal theory was based on his definition. Al-Karkhī's considerations on the legaliticamy of using istiḥsān can be traced in his student al-Jaṣṣāṣ, in the following centuries, Abū Zayd al-Dabūsī, Abū l-‘Usr al-Bazdawī and al-Sarakhsī’s works. Al-Jaṣṣāṣ' explanations on the legitimacy of istiḥsān begin with the criticism of Imam al-Shāfiʿī's against istiḥsān. He provides the proof of legitimacy for istiḥsān in divided two sub-headings. Al-Jaṣṣāṣ, who deals with istiḥsān in two parts as word and meaning, argues that there is no disagreement about the use of istiḥsān and that all mujtahids accept istiḥsān, and even al-Shāfiʿī, who opposes to the use of istiḥsān, employs istiḥsān in this sense. The type of istiḥsān on which there is a deabte is the istiḥsān used in relation to its meaning. Al-Jaṣṣāṣ states that this use is a qiyas operation; he justifies his point of view by referring to the works of Muḥammad b. Hasan al-Shaybānī. Indeed, when we look at how al-Shaybānī explained the istiḥsān’s examples in his works, it is seen that there are two conflicting juristic analogy (qiyas) made in many examples. Moreover, al-Shaybānī openly considered some types of istiḥsān part of qiyas by stating that some examples “can be included in this type of istiḥsān” Ḥanafī scholars wanted to break the hostile atmosphere toward istiḥsān by defining and evaluating the istiḥsān in a way that their opponents could accept. The definition of Istiḥsān “to abandon the judgment given to similar ones due to stronger evidence.” has been generally accepted. In this definition, istiḥsān is defined by associating with qiyas, and referred to an istihsan that is presented as the more substantial evidence, and qiyas is the weaker evidence. Although it is appropriate to define istiḥsān in relation to qiyas, the claim that in the definition istiḥsān is put in stronger place than qiyas might casuse to some the contradictions- in particular when the example’s of al-Shaybānī are taken into consideration. Because in most cases, when qiyas conflicts with istiḥsān, istiḥsān is taken. But in an opposite case, qiyas might be taken. Apart from these, there are examples of the types of istiḥsān that al-Karkhī has classified in the works of al-Shaybānī, but sometimes there are also strange situations such as taking the qiyas by istiḥsān. This also means that the term is not sufficiently defined. The negative attitude towards istiḥsān in some Shāfiʿī circles and the criticisms against the legitimacy of istiḥsān continued in the works of the fiqh method. Istiḥsān is defined as making a judgment without evidence by Shāfiʿī circles. Therefore, they did not accept the abandonment of qiyas, which is a sharī proof, because of istiḥsān, which is a non-sharī notable proof. Based on the examples given by the users of istiḥsān, Ibn Ḥazm, one of the Ẓāhirītes, claims that istiḥsān opens the door to arbitrariness. According to him, a situation that is accepted as istiḥsān according to Ḥanafīs can be taken as istiḥsān according to Mālikīs. This creates an apparent contradiction. There are some valid points in the assessment of Ibn Ḥazm. Because while it is seen that the istiḥsān of Mālikīs is criticized in al-Shaybānī's book named al-Ḥujjah, it can be also found that the istiḥsān of Ḥanafīs is charged in the works of Abū’l-Walīd al-Bājī, one of the Mālikīs. The criticism toward istiḥsān was continued by Shāfiʿīs such as Abū Isḥāq al-Shīrāzī, Imam al-Haramayn al-Juwaynī and Abū Ḥāmid al-Ghazālī. While al-Juwaynī sees istiḥsān as a method based on the lust of the soul, not istinbat/legal deduction, al-Ghazālī understands istiḥsān as a personal comment. The main reason for the negative attitude towards istiḥsān is that the content based on the definitions, has been neglected most of the time. However, when we look at the works of al-Shaybānī, it can be seen that there is a proof of istiḥsān contrary to what is believed-and that this can be sometimes a work, sometimes a necessity, sometimes another comparison, or sometimes a custom. (shrink)

A number of recently published studies by reformist-minded Muslim scholars have both questioned the normative nature of and emphasized the need to rethink some of the fundamental assumptions and interpretational models governing traditional Islamic legal theories and ethics. As part of this process they have emphasized the need to develop novel Islamic hermeneutics. One major element in this emergence of novel Islamic hermeneutics is the production of an increased number of what I term ‘gender equality affirmative scholarship on Islam’. What (...) is particularly interesting, if not intriguing, from the perspective of the author of this article is that the scholarship on gender equality affirmative interpretations of Islam is theorized by reformist-minded Muslim male scholars at historically unprecedented levels which is what this study seeks to highlight. This article examines the arguments employed by three prominent contemporary Muslim male reformist scholars, both Shī’ī and Sunnī, in developing gender equality affirmative interpretations of Islam – Nasr Abu Zayd, Mohsen Kadivar, and Khaled Abou El Fadl. The focus on male scholars in this article is intentional and seeks to highlight the most fundamental point and indeed the raison d’être behind it, namely to underscore the historically unprecedented support Muslim male scholars are providing to the development of feminist interpretations of Islam. (shrink)

Philosophical Perspectives on Modern Qur'anic Exegesis: Key Paradigms and Concepts, by Massimo Campanini, is a very interesting book and actually quite important in signaling the arrival of philosophy in modern times as part of Qur'anic studies. In the past the discipline has tended to be on the outskirts of the study of the religion of Islam and its Book, but in recent years philosophy has crept closer and closer to the mainstream discussion of the Qur'an. Campanini has made a real (...) contribution not only to our understanding of the Book but also to how to go about studying it.Like many good reads it has heroes and villains, and in the former camp are Nasr Abu Zayd and the school of Fazlur Rahman, however they are... (shrink)

In this article I review two contrasting approaches to Muslim women’s rights: those that want Muslims to secularize the Qur’an as the precondition for getting rights and those that emphasize the importance of a liberatory Qur’anic hermeneutics to Muslim women’s struggles for rights and equality. As examples of the former, I take the works of Nasr Abu Zayd and Raja Rhouni and, of the latter, my own. In addition to joining the debates on Muslim women’s rights, this exercise is (...) meant to illustrate that secular attempts to undermine Islam also undermine the prospects for rights and democracy in Muslim societies. In fact, I see the secular project in Muslim societies as a form of self-harm. Lastly, I revisit Antonio Gramsci’s critique of democracy as a way to query the title of the İstanbul Seminars, ‘The Promises of Democracy’. (shrink)

This paper discusses the contribution of a prolific author and an Egyptian scholar Nasr Hamid Abu Zayd and his hermeneutical approach to the Qur’an. The article argues that Abu Zayd is a Muslim reformer of the twentieth century through his takwil. His hermeneutical concept is questioning the “an-nash ” tradition of the Qur’an and the transformation of Arab culture from oral to text-oriented culture in the earliest history of the Qur’an. He differentiates between tanzil to takwil. This article (...) further argues that Abu Zayd’s hermeneutical concept should be understood from the history of revelation which speaks to a particular community and respond to a particular situation. Thus, the Qur’an itself is a living phenomenon and open for interpretation, rather than a closed corpus. (shrink)