Results for 'uṣūl al-fiqh moderne'

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  1.  20
    Linguistic philosophy in modern uṣūl al-fiqh: al-Ākhund al-Khurāsānī (d. 1911) on seeking something without willing it to be.Ali-Reza Bhojani - 2022 - Methodos. Savoirs Et Textes 22.
    In a seminal modern work of uṣūl al-fiqh, al-Ākhund al-Khurāsānī argues that the two terms ṭalab and irāda are coined to refer to a single concept. Within the argument he implies that the Ashʿarīs, and some modern Twelver Shīʿa who lean towards their position, fall foul of a linguistic fallacy when they assert that ṭalab and irāda are distinct. For al-Khurāsānī, both ṭalab and irāda may be used in two distinct modes, a real mode or an initiating mode. (...)
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  2.  24
    La philosophie linguistique dans l'uṣūl al-fiqh moderne. Al-Ākhund al-Khurāsānī (m. 1911) : chercher quelque chose sans vouloir qu’il soit. [REVIEW]Ali-Reza Bhojani - 2022 - Methodos 22.
    In a seminal modern work of uṣūl al-fiqh, al-Ākhund al-Khurāsānī (d. 1911) argues that the two terms ṭalab (seeking) and irāda (willing) are coined to refer to a single concept. Within the argument he implies that the Ashʿarīs, and some modern Twelver Shīʿa who lean towards their position, fall foul of a linguistic fallacy when they assert that ṭalab and irāda are distinct. For al-Khurāsānī, both ṭalab and irāda may be used in two distinct modes, a real (ḥaqīqī) (...)
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  3.  26
    The Nature of Qiyās Al-Adna, Objections about It and Its Applications According to the Scholars of Uṣūl al-Fiqh.Mohammad Rachıd Aldershawi̇ - 2023 - Cumhuriyet İlahiyat Dergisi 27 (1):136-149.
    This study includes an analytical study of the term "Qiyās al-Adna” among the Scholars of Uṣūl al-Fiqh. It is known that the Qiyās is divided into the following types: an analogy of higher order (Qiyās al-Awla), an analogy of an equivalent order (Qiyās al-Musawi), an analogy of a lower order (Qiyās al-Adna). However, Qiyās al-Adna raised issues and objections among some scholars, in past and present; hence, there is an urgent need to present a comprehensive study that shows (...)
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  4.  4
    A Logical Interpretation of the Nefyü'l-Med'rik Method in the Usul of Fiqh.Muhammet Kantar - 2025 - Fırat Üniversitesi İlahiyat Fakültesi Dergisi 29 (2):209-225.
    In the fiqhī doctrine, the issue of nafy al-madārik does not find a place for itself with this very nomenclature, and in the classical approach, it is often referred to by different names, but we have found it appropriate to use this term in order to make the subject more understandable and to lead to a more practical use of the expression rather than a sentence. One of the main reasons why we find the subject worthy of research is that (...)
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  5.  97
    Fiqh Al-Aqalliyy't and the Arab Spring.Zaid M. Eyadat - 2013 - Philosophy and Social Criticism 39 (8):733-753.
    Due to the current shifting regional paradigms in the Middle East brought on by the series of popular uprisings known as the Arab Spring, this article focuses on the issue of minority rights within modern Islamic theorizing. Evaluating the writings of Islamic intellectuals such as Tariq Ramadan, Abdullah Ahmed An-Na’im and Rashid Al-Ghannushi, the article finds that there are indeed constructs available within modern Islamic theorizing that can help resolve current minority problems within Arab societies, albeit with the addition of (...)
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  6.  63
    Hanafī Uṣūl al-Fiqh through a Manuscript of al-ĞaṣṣāṣHanafi Usul al-Fiqh through a Manuscript of al-Gassas.Marie Bernand - 1985 - Journal of the American Oriental Society 105 (4):623.
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  7.  33
    Modern Dönem Nesih Tartışmaları ve İbn Kesîr’in Neshe Yaklaşımı.Melek Yılmaz - 2016 - Cumhuriyet İlahiyat Dergisi 20 (2):349-349.
    Abrogation (naskh) is one of the controversial themes of Islamic studies, especially in later period that of principle of exegesis (uṣūl al-tafsīr). However, the recent studies on abrogation (naskh) do not offer a comprehensive analysis on the concept. In fact, the problem of naskh (abrogation) is in need of a systematic and holistic approach, which would only be possible with a detailed study on how the concept of abrogation (naskh) is understood in Islamic interpretive tradition (tafsīr). With this purpose (...)
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  8.  24
    At the Intersection of uṣūl al-fiqh and kalām: The Commentary Tradition on Ṣadr al-Sharīʿa al-Thānī’s al-Muqaddimāt al-arbaʿ.Philipp Bruckmayr - 2023 - Journal of Islamic Philosophy 14:17-64.
    Ṣadr al-Sharīʿa al-Thānī al-Maḥbūbī (d. 747/1346) was the last major Māturīdī theologian of Transoxania. As he left no work of rational theology (kalām) proper, one of the chief sources of his theological thought is his book on legal theory, al-Tawḍīḥ fī ḥall ghawāmiḍ al-Tanqīḥ. Because the work served as a prominent reference for both legal theory and rational theol­ogy, an extensive commentary tradition on it emerged as it was transmitted from Transoxania to South Asia, Anatolia, and the Arab world. A (...)
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  9.  27
    Kitāb al-Lumaʿ fi uṣūl al-fiqh : Traité de théorie légale musulmaneKitab al-Luma fi usul al-fiqh : Traite de theorie legale musulmane.Devin Stewart, Éric Chaumont & Eric Chaumont - 2003 - Journal of the American Oriental Society 123 (1):246.
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  10.  33
    Abū l-Faraj Hārūn (Jerusalem, 11th c.) on majāz, between uṣūl al-naḥw, uṣūl al-fiqh and iʿjāz al-Qurʾān.Miriam Goldstein - 2013 - Der Islam: Journal of the History and Culture of the Middle East 90 (2):376-411.
    : The medieval Karaite grammarian and exegete Abū l-Faraj Hārūn b. al-Faraj was a broad reader of the literature available in Arabic, in a variety of genres. Earlier studies have demonstrated that in his grammatical works on the Hebrew language, Hārūn adapted discussions from well-known compositions focused on Arabic and the Qurʾān. The following examination of Hārūn’s treatment of the subject of biblical majāz, non-literal language, aims to show that in constructing his sophisticated and innovative discussion of the topic, the (...)
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  11.  63
    Two Shi‘i Jurisprudential Methodologies to Address Medical and Bioethical Challenges: Traditional Ijtihād and Foundational Ijtihād.Hamid Mavani - 2014 - Journal of Religious Ethics 42 (2):263-284.
    The legal-ethical dynamism in Islamic law which allows it to respond to the challenges of modernity is said to reside in the institution of ijtihād (independent legal thinking and hermeneutics). However, jurists like Mohsen Kadivar and Ayatollah Faḍlalla have argued that the “traditional ijtihād” paradigm has reached its limits of flexibility as it allows for only minor adaptations and lacks a rigorous methodology because of its reliance on vague and highly subjective juridical devices such as public welfare (maṣlaḥa), imperative necessity (...)
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  12.  47
    Rulings of Wiping Over Socks for Ablution.İsmail Yalçin - 2019 - Cumhuriyet İlahiyat Dergisi 23 (1):353-374.
    The issue of wiping over socks is part of the more general issue of wiping over leather socks (khuffayn) for ablution (wuḍū’). Washing feet or wiping over them is a debate whose sides bases their claims on the verses of the Qur’an and supports these claims with narrations. When performing ablution, if shoes or socks are on the feet, whether one can wipe over them without taking these off and the qualities that these clothes should have is a debate based (...)
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  13.  21
    The Place of Fuḍayl Chalābī’s ad-Ḍamānāt fī al-furūʻ al-Ḥanafīyyah in Compensation Literature.Kamil Yelek - 2020 - Cumhuriyet İlahiyat Dergisi 24 (1):297-320.
    The law of responsibility (compensation), which was formed around the concept of the ḍamān and was developed by the scholars within the system of furû‘ al-fiqh (substantive law) over time, constitutes one of the important parts of Islamic law. Although compensation law (ḍamān) was not addressed as a private subject in the first period fiqh literature, it is seen that the literature on this specific area started to emerge after the early period. It is the Hanafi jurists who (...)
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  14.  24
    The Early Period Ismailî Jurist Kadı Nu'm'n Abu Hanîfa's Ikhtil'f Usûl al-Madh'hib and Its Place in the History of Fiqh.Adnan KOŞUM - 2023 - Cumhuriyet İlahiyat Dergisi 27 (1):3-16.
    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 (...)
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  15.  29
    The Classification of Zaydῑ Fuqahāʾ: A Study within The Framework of The Work Named Bulūgh al-arab wa-kunūz al-dhahab fī maʿrifat al-madhhab.Eren GÜNDÜZ - 2021 - Cumhuriyet İlahiyat Dergisi 25 (3):1485-1505.
    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 (...)
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  16.  23
    The Effect of Kāsim al-Rassî on the Formation of Zaydiyya: An Evaluation on the Axes of His Views on the Furû al-Fiqh.Fatih Yücel - 2024 - van İlahiyat Dergisi 11 (19):86-102.
    The third century of the hegira represents an extremely important period in terms of the formation process of Islamic sciences and the acquirement of the identity of a systematic school of fiqh madhhabs. In terms of the Zaydiyya madhhab, this century has an identity that affects the next period in terms of both political and scientific studies. Because in this period, the scholars of the madhhab like Kāsim al-Rassî (d. 246/860), Ahmad b. Isā (d. 247/861) and Yahyā b. al-Husayn (...)
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  17. Abū Ishāq al-Isfarāyīnī’s Uṣūl Thought -Cases of Khaber, Ijmā, Ijtihād and Taqlīd-.Halil Kılıç - 2025 - Tasavvur - Tekirdag Theology Journal 10 (2):653-690.
    Abū Ishāq al-Isfarāyīnī (d. 418/1027) was one of the prominent figures of Khorasan Shafiʻīsm and a jurist among the Aṣḥāb al-Wujūh. He received education in Irāq from important scholars in the fields of theology (kalām), jurisprudence (fiqh), principles of jurisprudence (usul al-fiqh), and hadīth. After returning to Nishabur, he taught at a madrasa built in his name. He trained students such as ʿAbd al-Qāhir al-Baghdādī (d. 429/1037-38), Abū al-Ṭayyib al-Ṭabarī (d. 450/1058), Abu al-Qāsim al-Isqāf al-Isfarāyīnī (d. 452/1060), Abu (...)
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  18.  6
    Controversial Evidences in The Uṣūl Thought Of Aḥmad Al-Chārpardī.Davut Eşit - 2024 - Tasavvur - Tekirdag Theology Journal 10 (1):277-308.
    Aḥmad al-Chārpardī (d. 746/1346), Shāfi‘ī jurist, was one of the scholars of the period of mutakkhkhirīn. He dedicated his life to teaching students and composing works, settling in Tabriz where he remained for the rest of his life. Recognised as one of the most distinguished students of al-Qāḍī Batḍāwī (d. 685/1286), al-Chārpardī wrote a commentary on al-Bayḍāwī’s concise work on uṣūl al-fiqh entitled Minhāj al-wuṣūl, which he called al-Sirāj al-wahhāj. One of the fundamental characteristics of uṣūl al- (...) of the mutaakhkhrīn period is the structuring of issues and evidence using the terminology of theology, logic, dialectics and disputation. Based on the systematic approach of al-Bayḍāwī’s work and the understanding of uṣūl al-fiqh of his time, al-Chārpardī discusses the issues and evidence that al-Bayḍawī succinctly addressed. The aim of the study is to determine Chārpardī’s methodology in jurisprudential thought, the scholars who influenced him, and the method he employed in jurisprudential debates by focusing on the evidence that falls outside the unanimously agreed upon evidence, which includes the Qur’ān, Sunna, ijmā‘, qiyās and is subject to debate as to its validity. The limited number of studies on al-Chārpardī in Türkiye, such as those found in the TDV İslam Ansiklopedisi and the İslam Düşünce Atlası, this study is seen as contributing to an increase in research focusing on Chārpardī’s jurisprudential thought. (shrink)
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  19.  17
    The Role of The Practice of The Companions in Establishing The Ḥanafī Uṣūl Thought: Al-Sarakhsī as a Case Study.Ahmet Numan Ünver - 2021 - Cumhuriyet İlahiyat Dergisi 25 (3):1359-1379.
    Along with the legal opinions, the juristic proofs presented to underpin these legal opinions also occupy an important place in uṣūl al-fiqh. Thus, scholars of uṣūl al-fiqh strived to propound the proofs indicating the relevant theoretical principles in an apparent and definite way. As a result, the disputed and undisputed proofs ranked among al-adilla al-shar‘iyya have been abundantly addressed in the classical uṣūl al-fiqh works. However, although it is not mentioned as a part of (...)
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  20.  30
    Classical and Contemporary Views on Kin Marriage in Terms of Fiqh.Ramazan Korkut - 2021 - Cumhuriyet İlahiyat Dergisi 25 (1):409-436.
    Kin marriages have been a subject of literary, historical, sociological, religious, and medical studies from past to present. Such a marriage has been discussed within the science of fiqh in terms of religion. Ḥanafī and Mālikī mujtahids stated that this marriage is permissible. While Shāfiʿī and Ḥanbalī mujtahids did not recommend kin marriage by seeing it permissible. Based on the fundamental doctrines of Islamic law, they argued that marrying a foreign candidate is mustahabb and answered the related criticisms against (...)
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  21.  32
    Al-Shāfi’ī’s Position on Analogical Reasoning in Islamic Criminal Law: Jurists Debates and Human Rights Implications.Luqman Zakariyah - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (2):301-319.
    Al-Shāfi’ī has been unreservedly credited as one of the designers, if not the “master architect,” of uṣūl al-fiqh. His most important scholarly work, Al-Risālah, clearly demonstrates his cognitive creativity in this field. One of the methodologies for the decision of cases under Islamic law that Al-Shāfi’ī championed is qiyās, which he equated with ijtihād. His balanced approach invites further enquiry into the extensive use of qiyās in general and in criminal law in particular. The extent to which qiyās (...)
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  22.  8
    The Phenomenon of “Khaber Accepted by People” Used by Al-Jaṣṣās About the Khabar al-Wāhid Within the Framework of His Work Named al-Fuṣūl fī al-uṣūl and Its Place in the Methodology of Hadīth.Recep Bilgin - 2023 - Marifetname 10 (2):365-400.
    Al-Jaṣṣāsis a pioneering scholar who wrote the first work of methodology according to the Hanafi/fuqaha method and influenced the fiqh and hadīth scholars who came after him with his methodology work. The theory of khabar comes first among the subjects that al-Jaṣṣās dealt with theoretically and practically in his work al-Fuṣūl fi al-uṣūl and influenced the methodologists who came after him. In his theory of khabar, khabar al-wāhid, which is in the interest of both jurists hadīthists, has a (...)
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  23.  51
    al-Zarkashī and Evaluation Method of Riwāyas in His Work of al-Tadhkira fī al-Ahadith al-Mushtahira.Muhammed Akdoğan - 2018 - Cumhuriyet İlahiyat Dergisi 22 (1):215-232.
    al-Zarkashī, an ethnic Turk, is an important hadith, fiqh and commentary scholar who lived during the Mamlūks period. He was taught by some of the leading scholars of his era, such as Alā al-Dīn Mughultay (d. 762/1360), Imād al-Dīn Ibn Kashīr (d. 774/1372) ve Jamal al-Dīn al-Asnawī (d. 772/1370), and he grew up under their mentorship. Nevertheless, his only well-known student is Birmāvī (d. 831/1428). Almost half of his works have been related to fiqh and methodology of (...), and he has also written some important works in the field of hadith. Among these, especially al-Tadhkira, al-Nukat alā Ibn al-Salāh, al-Nukat alā al-Umda fī al-Ahkām ve al-Icāba are worthy of mention. The work named al-Tadhkira, which we built our work upon, is the first known work to have been preserved in the field. Due to his being a first in his field, he was vastly studied as to how he evaluated the narrations and what kind of procedure he followed. In this work of his, not only the criticism but also the application of the text criticism adds to the importance of the work. Then, on the basis of this work, scholars such as al-Sakhāwī and al-Aclūnī made complementary works on the same subject. Summary: It is inevitable for a person to be shaped by the society he lives in. During the time when al-Zarkashī lived, Egypt was under the rule of the Mamlūks. The history of Mamlūks is examined under two periods: 1. Bahrī or Turkish Mamlūks (745 / 1344 - 794-1391) 2. Burjī or Circassian Mamlūks (784 / 1382 - 923 / 1517) period. Our author lives in both periods. About forty years of his life was in the period of Bahrī and the rest was in the period of Burjī. In both periods, the state did not have a full political authority in the country, but this was not the case in education and training. In fact, on the contrary to the political situation, scientific activities have accelerated by the arrival of many scholars to the land of Mamlūk because of the Mongol invasions coming from the east and the Crusades from the west. The increase of scientific activity was caused not only by the coming of the scholars but also by the support given by the Mamlūk sultans. In fact, they built many new madrasas in addition to the resurrection of the old ones. In addition to madrasas during the Mamlūks period, mosque, hāngāh, ribat and zāwiya are also among the educational places.Hadith, fiqh and Tafsir scholar al-Zarkashī is originally Turkish. He was born in Cairo at 745 under the conditions mentioned above. His family learned of gold and silverworking because of their subsequent settlement to Egypt, and they made their living with this craft. A person who performs this is called Zarkash in Arabic. Muhammad ibn Bahādır, who learned and did this job, was known as al-Zarkashī. al-Zarkashī, known for his love of science since childhood, was trained hadith by Alā al-Dīn Mughultay (d. 762/1360) and Imād al-Dīn Ibn Kashīr (d. 774/1372) in Damascus, and fiqh by al-Asnawī (d. 772/1370). Among his beneficiaries are distinguished personalities such as al-Subkī (d. 756/1355), al-Azraī (d. 783/1381) and al-Bulqīnī (d. 824/1421). The most remarkable of his student is al-Birmāvī (d. 831/1428).It is known that he wrote about fifty works in hadith, tafsir, fiqh, methodology of fiqh and other fields. Especially among these works al-Burhān fī ʻUlūm al-Qur’ān, al-Tadhkira, al-Ijāba, al-Bahr al-Muhīt fî Usūl al-Fiqh ve al-Mansūr fī al-Qawāid is worth mentioning. Studies on al-Burhān and al-Bahr were carried out at the level of Master and PhD.al-Zarkashī did not hesitate to criticize any person for whom he had found his mistake. For example, even though he has a great love for him, and even because of this love, he has been given the name of al-Minhāj, the criticism of al-Nawawī is the clearest indication of the value given to science. Not just him, critics of scholars such as al-Hākim al-Naysābūrī and Ibn ʻAbd al-Barr who are recognized as authority in hadith can also be considered in this framework.The work named al-Tadhkira which we have studied in our work is of importance in that it shows the accumulation of knowledge in the field of hadith. In order to compose this work, it is necessary to have enough information in this field since the riwāyas must be criticized in terms of isnād and text. To compose his work, al-Zarkashī has benefited from about a hundred and forty works related to hadith, tafsir, al-siyar, history, tabakāt, commentary, jarh - taʻdīl, ilal and maghāzī. The use of such works is an effort to reach all sources and right information as much as possible. Some of these sources are basic hadith books such as al-Bukhārī (d. 256/870) al-Sahīh, Muslim (d. 261/875) al- Sahīh, Abū Dāʾūd (d. 275/889) al-Sunan, al-Tirmidhī (d. 279/892) al-Sunan, al-Nasā’ī (d. 303/915) al-Sunan, Ibn Mādja (d. 273/887) al-Sunan, Mālik ibn Anas (d. 179/795) al-Muwatta, Ahmad ibn Hanbal (d. 241/855) al-Musnad, al-Dārimī (d. 255/869) al-Sunan, ʻAbd al-Razzāq al-Sanʻānī (d. 211/826-27) al-Musannaf, Ibn Abī Shayba (d. 235/849) al-Musannaf, Ibn Rāhwayh (d. 238/853) al-Musnad, al- Bazzār (d. 292/905) al-Musnad, Abu Yaʻlā el-Mawsilī (d. 307/919) al-Musnad, Ibn Hibbān (d. 354/965) al-Sahīh, al-Tabarānī (d. 360/971) al-Muʻjam al-Awsat and al-Muʻjam al-Kabīr, al-Hākim al-Naysābūrī (d. 405/1014) al-Mustadrak.al-Zarkashī divided the riwāyas he had studied into eight subjects. These are judgments, wisdom, zuhd, medicine, virtue, prayer, story, words and riwāyas circulating in language. He shares the information he obtains from sources about him after mentioning the riwāyas he will examine. For example, it is mentioned that there is not a hadith which is transmitted as a hadith, it is a word of a sahāba, tābiun or a person. He transferred on the riwāyas the sources mentioned in the sources, but also stated that he did not participate in some information as the place came.The author has evaluated the narrators of the riwāyas from the point of jarh and taʻdīl. He did not only evaluate riwāyas in terms of isnād, but also text criticism. This activity is a distinctive feature of his work.al-Zarkashī gave information about the misrepresentation of the name of the narrators. He also explained the strange words that are difficult to understand in the text. It is a manifestation of his knowledge in the fiqh area that some of the riwāyas that are considered weak are expressed in some sects. The author described some errors about the riwāyas. For example, he stated that a riwāya that is said to be marfūʻ is a mavkūf. al-Zarkashī also included verses, hadiths and poems about the riwāya that he had studied while writing his work or he defended it by saying that it is not the case of a riwāya that is said to be fictitious.Perhaps it is the weakest point of al-Zarkashī’s work not to give any information about some riwāya, only to mention their isnāds. He also found some riwāyas that did not have a reliable isnāds and stated that their meanings are correct. This knowledge has become an enlightening characteristic for later generations.This work has a great significance in showing that the majority of the riwāyas that spread among the people are not hadiths. As a matter of fact, 73% of the riwāyas examined in the work are weak or irrelevant riwāyas. This work of al-Zarkashī is unique. The existence of such a work has not been determined before him. This work constituted the basis of the works written by scholars such as al-Sakhāwī and al-Aclūnī in the same subject after him. (shrink)
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  24.  2
    Adherence to the Four Schools of Fiqh between Regularity and Rigidity- A Comparative Analysis.Mohammad Rachıd Aldershawi - 2022 - Marifetname 9 (2):407-432.
    It is well known in the usûl al-fiqh (fundamental principles of Islamic law) that the Mukallaf (accountable person) is either a Mujtahid or a Muqallid. Mujtahid is a title given to the Islamic jurist who has the ability to arrive at rulings; thus, he is required to practice Ijtihad. While Muqallid is the person who has no ability to conduct such activities; thus, he is required to follow the Mujtahids. Taqlid (conformity of one person to the ijtihad of another) (...)
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  25.  33
    Arsyad Al-Banjari’s Dialectical Model for Integrating Indonesian Traditional Uses into Islamic Law.Muhammad Iqbal & Shahid Rahman - 2020 - Argumentation 35 (1):73-99.
    Muhammad Arsyad Al-Banjari who lived from 1710 to 1812 in Borneo, Indonesia, applied a model of integrating uses of the Banjarese tradition into Islamic Jurisprudence based on a dialectical constitution of qiyās, the legal argumentation theory for parallel reasoning and analogy, he learned from the Shāfi‘ī-school of jurisprudence (uṣūl al-fiqh). Our paper focuses in the model of integration proposed and practiced by Al-Banjari, a rational debate grounded on a dynamic view on legal systems. We will illustrate the method (...)
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  26.  26
    The Problem of Authenticity of Constitutive Root Text al-Fıqh al-Akbar and the Contribution of Ottoman Intellectuals I.Mustafa Bilal ÖZTÜRK - 2022 - Kader 20 (1):281-304.
    The foundations of almost all Islamic sciences were laid in the first and second centuries of hijra. With the expansion of the Islamic world since the first century of hijra, the existence of a collective effort to transfer oral information into writing is notable. With the invitation of the prophet Muḥammad to Islam, an unprecedented increase in the culture of writing has been observed. Since the emergence of Islam, the world history scene has witnessed feverish writing activity. Especially in the (...)
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  27.  34
    Al-Qāḍī Ḥusayn al-Marwarrūdhī’s Understanding of Ijmā.Davut EŞİT - 2019 - Cumhuriyet İlahiyat Dergisi 23 (2):609-629.
    Al-Qāḍī Ḥusayn al-Marwarrūdhī is one of the important representatives of Khurāsān Shāfi‘ī School. Al-Ta‘līḳa is his famous work, which is one of the first commentaries of al-Muzanī’s Mukḫtaṣar. One of the important features of this work is the introduction to some of the subjects of ijtihād (process of juristic legal reasoning), taqlīd (acting upon the word of another without asking for specific proof), ijmā‘ (consensus of jurists) and view’s of the companions of the Prophet. The first systematic, complete and detailed (...)
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  28.  8
    The Translation of Nawawī’s Work Entitled “al-Usūl wa ad-Dawābit” and Its Analysis.Mahsum Aslan - 2022 - Marifetname 9 (2):433-466.
    Nawawî, who is a competent scholar achieving many successes in a short life span of forty-five years, has made a name for himself not only in the field of Islamic law (fiqh), but also in the area of other Islamic sciences. His works, investigations and opinions have been fiducially accepted by later scholars. Nawawî, who is his views are appreciated in the Islamic world, wrote nearly fifty works on hadith, fiqh, methodology (usûl), language, biography (tabaqât), and other fields. (...)
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  29.  6
    The Principles of Fatwā Procedure Addressed by Yūsuf al-Ardabīlī in His Work Anwār.Kenan Kılınç - 2025 - Kocaeli İLahiyat Dergisi 8 (2):274-311.
    Yūsuf al-Ardabīlī is one of the Shāfiʿī jurists who lived in Azerbaijan in the 8th century of Hijri. This scholar, whose birth date we couldn’t find any information about, even though it has been searched in both local and foreign literature, died in Ardabīl in the year 799/1397 as bibliographical scholars agreed on. Ardabīlī is a person known by his work al-Anwār li-aʿmāl al-abrār, which he dedicated to Shāfiʿī jurisprudence, and someone with jurisprudential knowledge whom Shāfiʿī jurists benefit from. In (...)
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  30.  5
    Linguistic Approaches to Truth and Metaphor Before the Formation of the Systematic Science of Rhetoric: The Example of Verse 74 of Surah Al-Baqarah.Müfide Ağırkan - 2025 - Tasavvur - Tekirdag Theology Journal 10 (2):581-610.
    The concepts of ḥaqīqah (literal meaning) and majāz (figurative mea-ning), which are central to the Arabic science of balagah (rhetoric), play a crucial role in the interpretation and understanding of the Qur'an. These terms have been examined in various disciplines such as language, Islamic jurisprudence (uṣūl al-fiqh), and theology (kalām), and over time, scholars have developed distinct interpretations of these concepts. One of the key debates in early Islamic thought revolves around whether certain Qur'anic verses—those whose apparent meanings (...)
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  31.  24
    The Role of Khilāfiyāt and Juristic Disputations in the Emergence of Juristic Method in Usūl Literature.Hacer Yetki̇n - 2023 - Kader 21 (1):350-377.
    It is widely acknowledged that two methods of writing have emerged in the history of usūl literature: Juristic method (usūl al-fuqahā) and theological method (usūl al-mutakallimīn). Although there are some attempts to determine the typical features of these methods, we do not have a comprehensive explanation regarding the criteria of this distinction, the motivation behind it and the period when these methods have become prevalent. This paper aims to shed light to certain dimensions of the issue and focuses especially on (...)
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  32.  25
    The Nature of the Science of Tafsīr in the Sharhs and Hāshiyahs Written on Anwār al-Tanzīl.Enes BÜYÜK - 2020 - Cumhuriyet İlahiyat Dergisi 24 (3):1039-1058.
    There are two widely accepted definitions of ilm al-tafsīr in the hāshiyahs on Anwār al-Tanzīl. The most accepted ones are as follows: Tafsīr is the science that investigates the states of the word of Allah in terms of signifying the will of Allah. This definition mainly belongs to al-Taftāzānī in his hāshiyah on al-Kashshāf. Despite the objections directed to it, the definition was accepted in the later phases and there were not any detailed discussions on it. From this point of (...)
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  33.  58
    Divine Command Ethics in Early Islam: Al-shafi'i and the Problem of Guidance.John Kelsay - 1994 - Journal of Religious Ethics 22 (1):101 - 126.
    Al-Shafi'i (d. 820) is clearly one of the most important figures in the early history of Islamic jurisprudence. His Risala or "Treatise" on the "principles of jurisprudence" (usul al-fiqh) is also of interest as an example of an approach to ethics that focuses on divine commands. Following a brief introduction, I offer the reader a few comments about al-Shafi'i's context. I summarize the content of the Risala and then analyze it as an example of divine command reasoning in ethics. (...)
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  34. Māturīdī Theologian Abū Ishāq al-Zāhid al-Saffār’s Vindication of the Kalām = Māturīdī Theologian Abū Ishāq al-Zāhid al-Saffār’s Vindication of the Kalām.Demir Abdullah - 2016 - Cumhuriyet İlahiyat Dergisi 20 (1):445-502.
    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 (...)
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  35. Fiqh and Economics in Hariri's Makamat.İbrahim Özpolat - 2025 - Fırat Üniversitesi İlahiyat Fakültesi Dergisi 29 (2):117-132.
    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 (...)
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  36.  26
    Discussions Around Legitimacy of the Istihs'n’s Definitions in the Early Period.Abdulmuid Aykul - 2022 - Cumhuriyet İlahiyat Dergisi 26 (1):173-190.
    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 (...)
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  37.  37
    The Effect of Hanafī Fiqh Thought on the Early Ottoman Fiqh Studies in the Mam-lūk Period.Bekir Karadağ - 2019 - Cumhuriyet İlahiyat Dergisi 23 (2):813-829.
    This article examines the influence of the Hanafī philosophy of the Mamlūk period on the early Ottoman fiqh studies. Since the Egyptian and Damascus regions, which were under the rule of the Mamlūks, became the most important centres of knowledge in the Islamic world, it is understood that the Mamlūks’ scientific knowledge was superior to the Ottomans. On this occasion, many scholars who were considered the leading figures of the Ottoman scientific community turned to Egypt and Damascus regions and (...)
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  38.  2
    Metafizyka muzułmańska — kryzys, reformacja, transformacja, reintegralizacja?Mariusz Turowski - 2024 - Studia Philosophica Wratislaviensia 19 (1):7-17.
    The paper is an introduction to the collection of articles, published in the current issue of “Studia Philosophica Wratislaviensia”, on both the subject matter conceived (as broadly as possible) as Islamic metaphysics and on the very studies of this research area (the current state of knowledge, conjunctures, tendencies, prospects etc.). It attempts to provide presentation of discussion of topics and problems, which can be included in this area, but offers also first drafts of tentative and “work-in-progress definitions” of how Islamic (...)
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  39.  15
    Hassan Hanafi’s new approach to the Koran.Josep Puig Montada - 2022 - Doctor Virtualis 17:261-276.
    Dal 1980 sappiamo che Hasan Hanafi (1935-2021) aveva un progetto di vita che ha descritto come un triangolo. Il lato più lungo del triangolo è costituito dai suoi studi sull’eredità islamica e, in particolare, sul _ʿIlm usūl al-fiqh, La scienza dei fondamenti della giurisprudenza_. Un altro lato è costruito dalla sua analisi e critica del patrimonio occidentale. Il terzo lato riguarda la vera “realtà”, e per H. Hanafi la realtà è il Corano. L’articolo esamina il suo libro dedicato a (...)
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  40.  90
    Islamic bioethics: between sacred law, lived experiences, and state authority.Aasim I. Padela - 2013 - Theoretical Medicine and Bioethics 34 (2):65-80.
    There is burgeoning interest in the field of “Islamic” bioethics within public and professional circles, and both healthcare practitioners and academic scholars deploy their respective expertise in attempts to cohere a discipline of inquiry that addresses the needs of contemporary bioethics stakeholders while using resources from within the Islamic ethico-legal tradition. This manuscript serves as an introduction to the present thematic issue dedicated to Islamic bioethics. Using the collection of papers as a guide the paper outlines several critical questions that (...)
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  41.  21
    The Prophet Muḥammad’s Behavior Expressing Legal Freedom (Ibāḥā) in Islamic Law.İbrahim Yilmaz - 2021 - Cumhuriyet İlahiyat Dergisi 25 (1):275-292.
    Sunnah is the second main source for Islamic law following the Qur’ān. Sunnah in the books on the Methodology of Islamic Law (Usūl al-fiqh) is examined in two main parts, one of which is as the source for religious commands and the other is being as religious/taklīfī commands. Sunnah is divided into three categories in terms of being the source for Islamic commands: qawlī (verbal), fi‘ilī (behavioral) and taqrīrī (approval). In the Islamic literature, when the word “sunnah” is mentioned, (...)
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  42.  28
    M'verdî’nin İctih'd Anlayışı.Davut EŞİT - 2018 - Dini Araştırmalar 21 (54):9-26.
    The ijtihâd issues are among important problems of uṣûl al-fiqh (Islamic legal theory). Given al-beyân el-ijtihâd in the meaning of interpreting naṣṣ (text) and al-qiyâs el-jtihâd in the meaning of reaching a verdict of a new issue which is not determined by naṣṣ, it is possible to say that mujtahid (a jurist) is actively in the ijtihâd activity. Thus, the ijtihâd issues has been discussed in uṣûl al-fiqh since early period. The fact that Shâfi‘î refers to ijtihâd issues (...)
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  43. A path to the Oasis: Sharī‘ah and reason in Islamic moral epistemology.Edward Omar Moad - 2007 - International Journal for Philosophy of Religion 62 (3):135-148.
    I propose a framework for comparative Islamic—Western ethics in which the Islamic categories "Islam, Iman," and "Ihsan" are juxtaposed with the concepts of obligation, value, and virtue, respectively. I argue that "shari'a" refers to both the obligation component and the entire structure of the Islamic ethic; suggesting a suspension of the understanding of "shari'a" as simply Islamic "law," and an alternative understanding of "usul al-fiqh" as a moral epistemology of obligation. I will test this approach by addressing the question (...)
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  44.  38
    Following a Different Line in Hanafi Sunnah Conception: Differentiation Points of the Theologian Methodologists.Zübeyde Özben Dokak - 2019 - Cumhuriyet İlahiyat Dergisi 23 (1):171-191.
    The sources show that two different groups of sheikhs were followed in the Hanafi usūl al-fiqh: ‘Iraqi and Samarqandi sheikhs. However, the perception of followers of ‘Iraqi sheikhs formed the dominant Hanafī tradition. This situation has caused different approaches of the theologian methodologists who followed the Samarqandi sheikhs to become in shadow. Considering this separation within this denomination, when the sunnah sections of usūl al-fiqh literature are compared it is possible to see the different points raised within the (...)
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  45.  10
    Defeasible Reasoning in Islamic Legal Theory.Muhammed Komath - 2024 - Informal Logic 44 (3):431-467.
    There is a common understanding among logicians today that nonmonotonic types of reasoning, such as defeasible or presumptive, can clearly warrant a rational acceptance of its conclusion. Recognition of the significance and legitimacy of these forms of arguments, which were considered for long as fallacious, is believed to be very recent and many logicians tended to reject any discussions around it within the tradition of logic after Aristotle. In contrast, Islamic jurisprudence (fiqh), since medieval age, has recognised the validity (...)
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  46.  12
    Rethinking of contemporary Islamic law methodology: Critical study of Muhammad Shahrūr's thinking on Islamic law sources.Arip Purkon - 2022 - HTS Theological Studies 78 (4):1–7.
    This study examined the contemporary ijtihād paradigm, especially in understanding the Islamic law sources, according to Muḥammad Shaḥrūr. This study focused on answering two things, namely Shaḥrūr's thinking in understanding the sources of contemporary Islamic law and compared it with the opinions of 'ulamā (Muslim scholars in Islamic law). An explorative method was used to explore the Shaḥrūr's thinking in understanding the contemporary Islamic law sources, and a comparative method was used to analyse it using 'ulamā's methodology. This research study (...)
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  47.  19
    La destrucción de la ciencia de la šarī‛a por Muḥammad b. Tūmart.Tilman Nagel - 1997 - Al-Qantara 18 (2):295-304.
    Primer avance de un trabajo en curso sobre la doctrina de Ibn Tūmart. Se pone de relieve la profunda originalidad del pensamiento jurídico y religioso del fundador del movimiento almohade tal y como se refleja en A‛azz mā yuṭlab. Su respuesta a la pregunta «¿De qué clase es y de dónde procede el conocimiento de la ley divina?» supone una crítica radical a las posturas de sus predecesores en los uṣūl al-fiqh, ya que Ibn Tūmart rechaza frontalmente la (...)
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  48.  31
    Understanding Islamic sciences: philosophy, theology, mysticism, morality, jurisprudence.Murtaz̤á Muṭahharī - 2002 - London: Saqi.
    This book is a collection of Shahid Murtada Mutahhari’s essential papers on philosophy, theology, ‘irfan (Islamic mysticism), usul al-fiqh (principles of jurisprudence) and morality. The six parts together serve as both a comprehensive survey of the fundamentals of different branches of Islamic studies and a general guide to understanding the basic teachings of Islam.
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  49.  34
    From the Methodology of Ḥadīth to the History of Ḥadīth: The Courses of the History of Ḥadīth in Dār al-Funūn Theology.Nilüfer Kalkan Yorulmaz - 2019 - Cumhuriyet İlahiyat Dergisi 23 (2):651-671.
    Dār al-Funūn Theology founded in 1924 was a modern educational institution which adopted both traditional and modern approach to Islamic Sciences. The changes in the field of hadīth during the process of transition to the university caused a change in the definitions and the titles of the courses such as from hadīth al-sharīf and usul al-hadīth to hadīth and the history of hadīth and the time allocated to each course was gradually reduced. The preparation of the texts by the teachers (...)
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  50.  13
    Describing Lawful Rule according to Khiṭāb of the God.Temel Kacir - 2018 - Cumhuriyet İlahiyat Dergisi 22 (2):1221-1247.
    The subject “rule”, which is one of the most fundamental issues of the Islamic legal theory (usūl al-fiqh), has been in the center of methodological debates. There is one important term in this regard, which should be studied very carefully: Khiṭāb(speech) of the God. It is because that, especially since the first period of Islam, it has been taken with some significant terms in the field of Kalāmsuch as Husn (pretty; good), Qubh (ugly; evil), and the quality of God’s (...)
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