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Journal articles on the topic 'Ḥanafī'
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1
Melchert, Christopher. "The Early Ḥanafiyya and Kufa." Journal of Abbasid Studies 1, no. 1 (June 10, 2014): 23–45. http://dx.doi.org/10.1163/22142371-12340004.
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The Ḥanafī school of law is conventionally thought to have evolved out of an earlier Kufan legal tradition, as the Mālikī evolved out of an earlier Medinese. I have questioned whether the early Ḥanafī school should be characterized as Kufan when Abū Ḥanīfa, Abū Yūsuf, and Muḥammad b. al Ḥasan al Shaybānī seem to have all done their most important work in Baghdad and when Kufan followers of theirs are practically impossible to find, notably in Ḥanafī biographical dictionaries. To the contrary, however, Nurit Tsafrir has insisted that Abū Ḥanīfa did have numerous Kufan followers and that Ḥanafī law had no need of being introduced to Kufa but evolved there as a continuing local tradition. Here I survey three bodies of evidence for early Ḥanafism: biographies of persons said to be followers of Abū Ḥanīfa, the earliest Ḥanafī legal literature, and Ḥanafīḥadīthliterature, mainly collections ofḥadīthallegedly transmitted by Abū Ḥanīfa. The object is to come to a full accounting of where Ḥanafism was transmitted. Much evidently depends on how to assess contradictory reports of some figures’ friendliness or hostility toward Abū Ḥanīfa and his doctrine. The biographical and legal literature reveals no significant Ḥanafī presence in Kufa after Abū Ḥanīfa’s departure, but theḥadīthliterature is ambiguous.
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Tsafir, Nurit. "The Beginnings of the ḥanafī School in Iṣfahān." Islamic Law and Society 5, no. 1 (1998): 1–21. http://dx.doi.org/10.1163/1568519982599607.
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AbstractThis essay, based mainly on two early Iṣfahānī biographical dictionaries, describes the introduction of the ḥanafī school to Iṣfahān. I argue that although schools of ḥadīth had a long history in Iṣfahān, the ḥanafī law school was also represented there from an early date. The ḥanafī legal method was practiced in the town around the middle of the second/eighth century, and ḥadīth on the authority of Abū ḥanīfa, transmitted to Iṣfahānī scholars through Abū ḥanīfa's pupil Zufar b. al-Hudhayl, started to circulate there around the same time. By the beginning of the third/ninth century a significant ḥanafī community had developed in Iṣfahān, and although schools of ḥadīth continued to be influential there, the Iṣfahānī ḥanafī community survived into the fourth/tenth century and was strengthened by the Saljūqs in the fifth/eleventh century and thereafter.
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Syafieh, Syafieh. "Islamic Renewal Project: Ḥassan Ḥanafī and Indonesian Intellectual Muslims." al-Lubb: Journal of Islamic Thought and Muslim Culture (JITMC) 2, no. 2 (December 30, 2020): 115. http://dx.doi.org/10.51900/lubb.v2i2.8596.
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<span class="fontstyle0">This article aims to examine the Islamic reform project through the reconstruction of theology and thought carried out by Ḥassan Ḥanafī and Indonesian Muslim intellectuals. Ḥassan Ḥanafī considered the need to reconstruct classical theology, which is regarded as too abstract in describing theological terms and does not have a strong practical basis as a value for the action. In criticizing classical theology, Ḥassan Ḥanafī offers two theocentric theories, namely language analysis, and social reality analysis. Conducting library research that relies on written materials and analyzed with content analysis techniques, the present study shows that Ḥassan Ḥanafī’s theoanthropocentric theological ideas have intersections with the development of Islamic thought in Indonesia. This can be proven by the translation of Ḥassan Ḥanafī’s books and examining his thoughts in Indonesia. Apart from that, Ḥassan Ḥanafī’s thoughts find relevance in Indonesia because Indonesian Muslim scholars carry out similar reform projects.</span> <br /><br />
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Masduri, Masduri. "Telaah Kritis Konstruksi Eksistensialisme dalam Teologi Antroposentris Ḥasan Ḥanafī." Islamika Inside: Jurnal Keislaman dan Humaniora 4, no. 1 (June 10, 2018): 50–73. http://dx.doi.org/10.35719/islamikainside.v4i1.46.
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Anthropocentric theological reconstruction of Ḥasan Ḥanafī introduces us a set of humanity themes as a stand point to build and develop human’s religious-spiritual reason in order to respond to spiritual emptiness of the West and material desolation of the East. Human beings possess what so-called authenticity of actions. It is—within Ḥanafī’s anthropocentric theological reconstruction—termed as independent human; a human who has independence in every action and makes the Islamic theology as the basis of his/her spiritual and practical values. Critical reading through the theory of hermeneutics promulgated by Jurgen Habermas brings this article to a finding of epistemological correlation between the independent human (within Ḥanafī’s anthropocentric theological reconstruction) and the construction of thought the West’s existentialism philosophy. Critical-constructive reading of this article puts Ḥanafī as a theistic-existentialist philosopher along with Islamic theology as his fundamental basis.
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Ramić, Šukrija. "THE NECESSARILY ASSUMED MEANING OF THE LEGISLATIVE TEXT (IQTIḌĀUN-NAṢṢ) IN ḤANAFĪ LEGAL SCHOOL." Zbornik radova 16, no. 16 (December 15, 2018): 45–64. http://dx.doi.org/10.51728/issn.2637-1480.2018.45.
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The work on iqtiḍāun-naṣṣ explores the theoretical interpretations of Ḥanafi scholars in relation to the necessarily assumed meaning of the legislative text (iqtiḍāun-naṣṣ) and the consequences of such an interpretation on the regulations to which the Ḥanafis came in their legal reasoning (ijtihād). At the beginning of the paper, the linguistic and terminological definition of the concept of iqtiḍāun-naṣṣ in the Ḥanafi Law School is considered. Through the examples of iqtiḍāun-naṣṣ it is explained that the Ḥanafis used iqtiḍāun-naṣṣ in the argumentation of legal regulations. Furthermore, the status of iqtiḍāun-naṣṣ in the Ḥanafi Law School, and the way of giving preference in the case of contradiction between iqtiḍāun-naṣṣ and other indications are clarified. At the end of this paper, the basic results of this research are presented.
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Ayoub, Samy. "“The Sulṭān Says”: State Authority in the Late Ḥanafī Tradition." Islamic Law and Society 23, no. 3 (July 19, 2016): 239–78. http://dx.doi.org/10.1163/15685195-00233p02.
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This article investigates the impact of the state on the legal order through an examination of authoritative Ḥanafī legal works from the 17th and 18th centuries CE. By focusing on the madhhab and its juristic discourse, I challenge the reigning narrative in Islamic legal studies by demonstrating how late Ḥanafī jurists assigned value and authority to Ottoman state orders and edicts. This increasing state authority is reflected in the state’s ability to settle juristic disputes, to order jurists and judges to adopt specific opinions in their legal determinations, and to establish its orders as authoritative and final reference points. The incorporation of state orders within authoritative Ḥanafī legal commentaries, treatises, and fatwā collections was made possible by a turn in Ḥanafī legal culture that embraced the indispensability of the state in the law-making process.
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Libson, Gideon. "On the Development of Custom as a Source of Law in Islamic Law:." Islamic Law and Society 4, no. 2 (1997): 131–55. http://dx.doi.org/10.1163/1568519972599770.
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AbstractAlthough classical Islamic legal theory did not recognize custom as a source of law, Muslim jurists — in particular, the ḥanafīs — discussed the status of custom already in the pre-classical period. Custom was incorporated into Islamic law in a variety of ways: by including certain practices in the category of sunna or ijmāʾ; by appealing to judicial preference (istiḥsān) and to secondary sources of law, such as fatwās; and by using legal fictions (ḥiyal). Because these methods were not always adequate to deal with the questions that specific practices presented to the jurists, there was an increasing tendency among later ḥanafī jurists to recogize custom as a source of law.
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Quadri, Junaid. "Влияние Шихабаддина Марджани на ханафизм Ближнего Востока и Южной Азии." Islamology 9, no. 1-2 (November 29, 2019): 34. http://dx.doi.org/10.24848/islmlg.09.1.03.
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This paper explores the influence of Shihabaddin Mardjani on Ḥanafī scholars in the Middle East and South Asia. It examines the impact of Mardjani’s discussion of ijtihād and taqlīd in his famous work, Nāẓūrat al- Ḥaqq on four specific scholars. Much scholarship on Mardjani has focused on his important role as an innovative Tatar Muslim thinker of the Volga-Ural region. This paper, however, shifts attention to his stature as an influential transregional Ḥanafī thinker by outlining the impact of his work on Muslim scholars writing in the Middle East and South Asia. Though they were first taken up by the “dissident” ḥadith-centric Ḥanafism of ʿAbd al-Ḥayy al- Laknawī, Mardjani’s ideas on ijtihād and taqlīd later became naturalized within mainstream Ḥanafī thinking by the Egyptian mufti Muḥammad Bakhīt al-Muṭīʿī, and by the critic of Modernism, Muḥammad Zāhid al- Kawtharī. Later, it was incorporated into a textbook written by Mufti Taqī al-ʿUthmānī of Pakistan, further embedding it in the dominant expression of Ḥanafism.
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Ahmed, Asad Q. "Underdetermination in Late Postclassical Ḥanafī Legal Theories." Oriens 46, no. 1-2 (January 1, 2018): 129–58. http://dx.doi.org/10.1163/18778372-04601004.
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Amanullah, Muhammad. "Juristic Differences over the Implementation of Qiṣāṣ against a Muslim Who Kills a Non-Muslim." Arab Law Quarterly 32, no. 2 (January 25, 2018): 185–203. http://dx.doi.org/10.1163/15730255-12322030.
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Abstract Muslim jurists differ on whether Muslims who murder non-Muslims should be sentenced to death or not. Although Ḥanafī jurists maintain that they should be, most Muslim jurists hold that they should not. Modern scholars such as ʿAwdah, El-Awa and others have discussed the issue. Based on classical and modern fiqh (Islamic law) literature, this article examines the principal arguments used by both groups, concluding that the Ḥanafī opinion is to be preferred because it is based on stronger proofs and conforms more closely to the public interest of contemporary Muslims and non-Muslims.
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Harvey, Ramon. "The Legal Epistemology of Qur'anic Variants: The Readings of Ibn Masʿūd in Kufan fiqh and the Ḥanafī madhhab." Journal of Qur'anic Studies 19, no. 1 (February 2017): 72–101. http://dx.doi.org/10.3366/jqs.2017.0268.
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The companion Ibn Masʿūd (d. 32/652–653) has long been recognised for the variance of his Qur'anic qirāʾa (‘reading’, or ‘recitation’) from the canonical ʿUthmānī codex. His reading continued to enjoy popularity for at least a century within Kufa, the place of origin for much of the Ḥanafī madhhab's jurisprudential corpus. This article analyses Masʿūdian variants with legal implications in the doctrine of the early jurist Ibrāhīm al-Nakhaʿī (d. 96/715), the seminal writings ascribed to Muḥammad b. al-Ḥasan al-Shaybānī (d. 189/805), as well as the furūʿ and uṣūl works of key Ḥanafī figures from the fourth/tenth and fifth/eleventh centuries: al-Jaṣṣāṣ (d. 370/981), al-Qudūrī (d. 428/1036–1037) and al-Sarakhsī (d. 483/1090). Close study of these figures’ use of Masʿūdian variants indicates that while their non-canonicity demanded a compelling solution, their quasi-Qur'anic status presented opportunities within the arena of juristic debate. Furthermore, the manner in which they were ultimately accommodated within the practical and theoretical toolkit of the Ḥanafī school illustrates broader developments in its epistemology of revelation, abrogation and transmission.
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Arabi, Oussama. "Intention and Method in Sanhūrī's Fiqh: Cause as Ulterior Motive." Islamic Law and Society 4, no. 2 (1997): 200–223. http://dx.doi.org/10.1163/1568519972599824.
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AbstractIn his attempt to bring classical Islamic jurisprudence closer to the legal and judicial norms of modernity, the Egyptian master-jurist ʿAbd al-Razzāq al-Sanhūrī identified a structural similarity between the ḥanbalī doctrine of intention (nīya) in contracts and contemporary French law, which upholds the legal effect of the driving motive in validating or nullifying a contract. Sanhūrī demonstrated that the same pietist ethical dimension of the medieval Church-jurists' theory of subjective motivation, which is the historical source of modern French and Egyptian judicial practice, is also present in the Islamic legal tradition. Through a comparative and critical analysis of the major Sunnī law schools' doctrines of intention in contracts, Sanhūrī corrected Chehata's conclusions of 1936. It emerges that in contrast to ḥanafī and Shāfiʾi jurisprudence, which ignore ultimate motive when it is not apparent from the terms of the contract, ḥanbalī and Mālikī law stress the licitness of the subjective cause of the contract as a sine qua non condition for its validity.
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Melchert, Cristopher. "Religious Policies of the Caliphs from Al-Mutawakkil to Al-Muqtadir, A.H. 232-295/A.D. 847-908." Islamic Law and Society 3, no. 3 (1996): 316–42. http://dx.doi.org/10.1163/1568519962599069.
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AbstractThe judicial appointments of the ʿAbbāsid caliphs reveal their religious policies better than the chronicles alone. Al-Mutawakkil has been characterized as reestablishing traditionalism, but his judicial appointments suggest only limited support for that tendency. His successors al-Muntaṣir, al-Mustaʿīn, and al-Muʿtazz did not pursue substantially different policies. Al-Muhtadī did: he sacked all but ḥanafī qādīs and promoted the rationalist ḥanafī al-Khaṣṣāf. It was almost a restoration of the policy of his father, al-Wāthiq. He was overthrown and his policy immediately reversed by the regent, al-Muwaffaq, who sponsored a middle system of jurisprudence between the extremes of ḥadīth and raʾy. His successors, al-Muʿtadid and al-Muktafī, did not maintain this policy; however, it was the tendency out of which grew the classical schools of law in the fourth/tenth century.
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Muhammad Suleman, Asadi. "فقہاے احناف رحمۃ اللہ علیہم کے ہاں آثار صحابہ رضی اللہ عنہم سے استفادے کی نوعیت اور اصول." FIKR-O NAZAR فکر ونظر 58, no. 3 (August 30, 2021): 123–63. http://dx.doi.org/10.52541/fn.v58i3.1813.
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As the first generation of Islamic history and the direct witnesses to the revelation of the divine law, the opinions of the Companions of the Holy Prophet (PBUH) hold significant position in the Muslim theological and legal tradition. Consequently, the Muslim Ummah has treated their sayings, actions, and understanding of legal issues—often termed as āthār of the Companions—as one of the most important sources of Islamic law besides the Qur’ān and the sunnah. Their opinions and decrees constitute one of the basic foundations on which all classical legal systems are based, though there are interesting debates among them regarding the framework in which these opinions and decrees are to be used. This article analyzes the framework in which ḥanafī jurists utilized the āthār of the Companions while citing various examples from ḥanafī legal tradition.
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HORII, Satoe. "Judicial Authority and Private Person in Ḥanafī legal Thought." Orient 40 (2005): 105–23. http://dx.doi.org/10.5356/orient.40.105.
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Hanif, Sohail. "A Tale of Two Kufans: Abū Yūsuf’s Ikhtilāf Abī Ḥanīfa wa-Ibn Abī Laylā and Schacht’s Ancient Schools." Islamic Law and Society 25, no. 3 (May 15, 2018): 173–211. http://dx.doi.org/10.1163/15685195-00253p01.
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In this article, I address the long-standing debate on the existence of regionally defined schools of law in Islam’s formative period by focusing on the early Kufan tradition, with special attention to Ikhtilāf Abī Ḥanīfa wa-Ibn Abī Laylā, attributed to Abū Yūsuf (d. 182/798). By studying reports and legal opinions in the text, I argue that the legal thought of Kufan jurists in Abū Ḥanifa’s generation was based on a general deference to regional, Kufan authorities and that this larger legal project may meaningfully be termed a school. I provide a model for legal method in these early schools, taking into account the contributions of supporters and detractors of the regional-school concept. I suggest that formative-period legal methods are also expressed in the classical Ḥanafī school, enabling us to view questions of ijtihād, taqlīd and madhhab formation in a new light.
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Burak, Guy. "Şeyhulislâm Feyzullah Efendi, the Ḥanafī Mufti of Jerusalem and the Rise of the Provincial Fatāwā Collections in the Eighteenth Century." Journal of the Economic and Social History of the Orient 64, no. 4 (June 4, 2021): 377–403. http://dx.doi.org/10.1163/15685209-12341540.
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Abstract The article examines the rise of standardized collections of fatāwā issued by officially appointed provincial Hanafi muftis across the Ottoman Empire in the long eighteenth century. The article focuses on the earliest compilation, that of the Jerusalemite Ḥanafī mufti, ʿAbd al-Raḥīm b. Abī al-Luṭf. This compilation was commissioned by the famous chief imperial mufti Feyzullah Efendi. The article then traces the proliferation of the standardized fatāwā compilation over the course of the eighteenth century, from Medina to the Balkans. This essay seeks to examine the emergence of local/provincial compilations of fatāwā over the eighteenth century as yet another chapter in the long intervention of the Ottoman dynasty (through its learned hierarchy) in the regulation of the doctrines of the Ḥanafī madhhab at the imperial and provincial levels. Focusing on Feyzullah Efendi’s initiative and its aftermath may cast light on specific venues and practices in which this intervention took place in a particular historical moment.
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Brodersen, Angelika. "New Light on the Emergence of Māturīdism: Abū Shakūr al-Sālimī (fifth/eleventh century) and his Kitāb al-Tamhīd fī bayān al-tawḥīd." Journal of Islamic Studies 31, no. 3 (September 1, 2020): 329–57. http://dx.doi.org/10.1093/jis/etaa025.
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Abstract The present paper focuses on the Arabic theological work al-Tamhīd fī bayān al-tawḥīd (‘Introduction to the Explanation of Monotheism’), authored by the Transoxanian scholar, Abū Shakūr al-Sālimī (fifth/eleventh century). A jurist and theologian, he belonged to the kalām-school in the succession of Abū Manṣūr al-Māturīdī (d. 333/944), and which, based on Ḥanafī tradition, forms the second pillar of the Sunni confession alongside the doctrines of Abū l-Ḥasan al-Ashʿarī (d. 324/935) and his followers. Despite increasing activities in the field of editions during the last few decades, details of Māturīdī speculative theology (kalām) still remain insufficiently studied. This deficiency applies, on the one hand, to the utilization of texts, partially or not yet available in text-critical and analytically focused editions. On the other hand, a profound and pressing need for systematic research remains, particularly with regards to the relationship between Māturīdism and Ashʿarism, given that the latter has been studied in much greater detail. Against this background, al-Sālimī is presented in his historical and intellectual milieu. It is shown that his treatise is in the Ḥanafī–Māturīdī tradition, but his doctrines sometimes differ from other Māturīdī teachings. Subsequently, some key topics of the Tamhīd are addressed. A special focus is on the beginning of the dispute between Māturīdī theologians and the Ashʿariyya, where issues of epistemology, prophecy, the doctrine of God’s names and attributes, and the conception of faith that serve as typical examples of Ḥanafī jurisprudence and theology are also treated. Finally, a case study illuminates important issues at the heart of Māturīdī theology, as well as the integration of juridical topics into kalām. Through this approach, this paper intends to introduce the text as a valuable source for the study of Sunni theology in a more comprehensive sense than has previously been considered.
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Campanini, Massimo. "Il ḥadīṯ in una prospeitiva filosofica: la critica di Ḥasan Ḥanafī." Oriente Moderno 82, no. 1 (August 12, 2002): 207–17. http://dx.doi.org/10.1163/22138617-08201014.
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Soufi, Youcef L. "From conquest to co-existence: Burhān al-Dīn al-Marghīnānī’s (d. 593/1197) re-interpretation of jihād." Journal of Islamic Studies 32, no. 2 (April 10, 2021): 203–36. http://dx.doi.org/10.1093/jis/etab009.
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Abstract Current scholarship on the legal doctrine of jihād presents classical Sunni jurists after the second/eighth century as uniformly championing continual imperial conquest. In this article, I suggest that this sweeping claim for a uniform doctrine neglects what is distinctive in the argumentation of individual juristic thinkers. I trace the genealogy of of Burhān al-Dīn al-Marghīnānī’s (d. 593/1197) theory of jihād in order to show how he radically reinterpreted the doctrine of Ḥanafī school. He introduced the novel approach that jihād need not to be equated with its outward, formal meaning (al-jihād ṣūratan) of military combat. Rather, beyond that outward sense, jihād also had a deeper meaning (al-jihād maʿnan) based on its purpose or function within international relations. For Marghīnānī, part of this function was the preservation of life, freedom, and property. He was thus able to argue that, so long as they secured these ends, peace treaties fulfilled the deeper meaning of jihad. Marghīnānī’s ideas enabled a shift in Ḥanafī thought whereby jurists after him associated jihād with the realization of benefit (maṣlaḥa) for Muslim society. Rather than advocate the obligation of continual conquest, these jurists accepted that decision-making about war and peace should be determined by pragmatic considerations of social interest.
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Dogan, Okan. "Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Ḥanafī Jurisprudence." Islam and Christian–Muslim Relations 32, no. 1 (January 2, 2021): 125–27. http://dx.doi.org/10.1080/09596410.2021.1892328.
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Bruckmayr, Philipp. "Salafī Challenge and Māturīdī Response: Contemporary Disputes over the Legitimacy of Māturīdī kalām." Die Welt des Islams 60, no. 2-3 (May 27, 2020): 293–324. http://dx.doi.org/10.1163/15700607-06023p06.
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Abstract Salafī refutations of Sunnī kalām have long been focused almost exclusively on the Ashʿariyya. In recent decades, however, Salafī authors and activists have also turned their attention towards the Māturīdī current, which has been historically predominant in those parts of the Muslim world dominated by the Ḥanafī madhhab. In the present article, the characteristics of the Salafī challenge to the Māturīdiyya are presented and the main factors behind its emergence and dissemination are traced. It is shown that the recent growing awareness of the Māturīdiyya as a theological other among adherents of Salafī Islam owes much to the efforts of the Pakistani scholar Shams al-Dīn al‑Salafī al‑Afghānī, a graduate of the Islamic University of Medina. It is argued that his work, which was influenced both by his specific South Asian background and by his exposure to established forms of Salafī education and daʿwa in Medina, was instrumental in raising the spectre of a “modern Māturīdiyya” as a serious doctrinal challenger and impediment to Salafī expansion in South Asia and elsewhere. Hereby it was specifically the late Ottoman scholar Muḥammad Zāhid al-Kawtharī and his followers, as well as the South Asian Deobandī and Barelvī (i.e., Ahl-i Sunnat) masālik, which were identified as prime representatives of the contemporary Māturīdiyya. Finally, it is shown that the Salafī assault on the Māturīdiyya seems to have resulted in a revival of theological madhhab‑consciousness, as well as in growing cooperation between Ḥanafī scholars in different parts of the Muslim world.
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Rahman, Md Habibur, and Muhammad Amanullah. "ARTICLES OF THE MEJELLE ON SALAM CONTRACT: JURISTIC EVALUATION AND APPLICATIONS." Jurnal Syariah 28, no. 3 (December 31, 2020): 359–82. http://dx.doi.org/10.22452/js.vol28no3.2.
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The Majallat al-Aḥkām al-‘Adliyyah, known as the Mejelle, is the code of Islamic civil transactions which was prepared under the auspices of the Ottoman Caliphate. This code was established based on the Ḥanafī School of Islamic law. However, people, who follow other than the Ḥanafī School, are reluctant to rely on the Mejelle even though they are interested to know the stands of their respective School of Islamic law on the articles of the Mejelle. Thus, considering the importance and relevance of Salam contract to the contemporary context, the paper attempts to conduct a juristic evaluation of the articles of the Mejelle on salam contract along with an investigation of its contemporary applications. Salam is a sale contract in which the commodity’s delivery is deferred until a defined period, while the buyer must settle the payment upon the contract’s conclusion. Although the general principle says that sale of something which is not possessed and not present is not permissible, salam contract is made valid as an exception from this, considering the need of the people. The study follows a qualitative approach and uses the content analysis method to achieve the objectives. For data source and analysis, the study consults with related classical and contemporary literature. The study finds that in general, the articles of the Mejelle on salam contract conform to the prominent Schools of Islamic law. Among the notable contemporary applications of salam contract are salam financing, parallel salam, salam ṣukūk, salam in short selling, and so forth.
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Uğur, Seyit Mehmet. "Definitiveness of Proof of Ḥarām and Ḥukm of Its Denial in the Ḥanafī School." Ilahiyat Studies 7, no. 2 (December 31, 2016): 233–78. http://dx.doi.org/10.12730/13091719.2016.72.150.
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الدرويش, عبد المجيد بن عبد الرحمن. "الفتيا وقواعد الترجيح عند الحنفية = Fatwā and the Principles of Preference in Ḥanafī School." الدراسات الإسلامية 52, no. 1 (2017): 23–80. http://dx.doi.org/10.12816/0039327.
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Saleh, Abdul Mun'im. "Istiḥsān Dalam Madhhab Shāfi‘ī: Tinjauan Atas Kasus Mustathnayāt Madhhab Shāfi‘ī Perspektif Istiḥsān Madhhab Hanafī." Justicia Islamica 16, no. 2 (November 19, 2019): 459–78. http://dx.doi.org/10.21154/justicia.v16i2.1708.
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Istiḥsān is a dalīl (source and method) of Islamic law validated by the Hanafi school. Al-Shafi’i strongly rejected istiḥsān (juristic preference) and considered those who practice it as trying to compete with God as the Ultimate Authority and taking a careless decision. However, the istiḥsān way of thinking in the Shafi’i school is not uncommon but is considered valid. In the discipline of al-qawa’id al-fiqhiyah (Islamic legal maxims), the existence of mustathnayat (exceptions) cases with istithna’ (exception) method is showing istihsan method. This research compares mustathnayat/exception cases in qawa’d al-fiqhiyyah in Shafi’i madhhab and istihsan in Hanafi madhhab. The origin of the legal decision of exception in mustahnayat is judged from istihsan’s point of view. This research accepts that mustathnayat cases in Shafi’i madhhab result from thinking methods like istihsan in Hanafi madhhab in all aspects (its reality, method, and purpose).Istiḥsān adalah fasilitas dalīl shar’ī milik madhhab Ḥanafī. Al-Shāfi’ī dengan keras menolak istiḥsān dan melukiskan orang yang mempraktekkannya sebagai menyaingi Tuhan sebagai pemegang otoritas hukum dan mengambil keputusan sembarangan. Akan tetapi di dalam madhhab Shāfi’ī sendiri cara berfikir semacam istiḥsān itu sebenarnya bukan hal yang asing. Dalam disiplin ilmu al-qawā’id al-fiqhīyah, keberadaan kasus-kasus mustathnayāt dengan langkah-langkah istithnā’ menampilkan cara kerja istiḥsān. Penelitian ini mencoba membandingkan kasus-kasus mustathnayāt dalam ilmu al-qawā’id al-fiqhīyah milik madhhab Shāfi’ī dengan istiḥsān milik madhhab Shāfi’ī. Seluk beluk keputusan hukum eksepsi dalam bentuk mustathnayāt itu ditilik dari sudut pandang istiḥsān. Penelitian ini membenarkan bahwa kasus-kasus mustathnayāt madhhab Shāfi’ī adalah hasil dari metode berfikir sebagaimana istiḥsān dalam madhhab Ḥanafī, baik hakikatnya, metodologinya maupun tujuannya.
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Thung, Michael. "Written Obligations from the 2nd/8th to the 4th/10th Century." Islamic Law and Society 3, no. 1 (1996): 1–12. http://dx.doi.org/10.1163/1568519962599177.
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AbstractIn this article, based on recent research undertaken in the collection of Arabic papyri of the Austrian National Library in Vienna (Papyrus Erzherzog Rainer), I discuss four unpublished documents discovered in Egypt, all written obligations (adhkār ḥuqūq) dating from the second half of the 2nd/8th century to the first half of the 4th/10th century. These documents provide important documentary evidence for early Islamic legal practice. By comparing the legal content of the documents with the contract formularies used by the ḥanafī jurist al-Ṭaḥāwī (d. 321/933) in his Kitāb adhkār al-ḥuqūq, I investigate the relationship between theory and practice in Islamic Law.
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Halil, Huseyin. "The Testimony of Women in the Qurʾan." Al-Bayān – Journal of Qurʾān and Ḥadīth Studies 14, no. 1 (May 24, 2016): 18–29. http://dx.doi.org/10.1163/22321969-12340029.
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In recent years, as debates over Islamic legal interpretations have moved to the forefront, especially in places where the expanded application of Islamic law is on the agenda, the issue of women’s testimony has received particular attention. Most jurists arrived at the opinion that women were less trustworthy and less appropriate as legal witnesses than their male counterparts, and so have distinguished between male and female testimony in terms of sex. In this paper I will examine the relationship between ‘gender’ and ‘testimony’ with regard to this sex-based distinction, and as such I will explain why women are no less discerning than men as witnesses in some cases. My purpose is not, and cannot be, to engage in an original interpretation of the law or to sit in judgement on how others have understood the rules of their religion. Rather, I approach the topic of testimony, women, and gender as a student of the history of Islamic law. I argue that the Qurʾan deals with women in an egalitarian and non-discriminatory fashion in terms of testimony and legal affairs, through reference to certain verses, such as al-Nūr (Q 24:6) and al-Nisā’ (Q 4:15). While Ẓāhirisim, including Ibn Ḥazm, and Izzet Derveze follow this egalitarian approach, the four legal schools of the Ḥanafī, Shāfiʿī, Mālikī, and Ḥanbalī do not, and instead claim that women’s testimony cannot be accepted in some circumstances, such as cases of ḥadd, qadhf (slander), and qiṣāṣ (retaliation).
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SHEIKH, MUSTAPHA. "Taymiyyan Influences in an Ottoman-Ḥanafī Milieu: The Case of Aḥmad al-Rūmī al-Āqḥiṣārī." Journal of the Royal Asiatic Society of Great Britain & Ireland 25, no. 1 (July 17, 2014): 1–20. http://dx.doi.org/10.1017/s1356186313000643.
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AbstractShaykh Aḥmad al-Rūmī al-Āqḥiṣārī (d. 1041/1632) is one of the most intriguing religious personalities of seventeenth-century Ottoman Turkey: although progress towards disclosing key aspects of his thought has been made recently – such as the association of al-Āqḥiṣārī with the Ottoman puritanical movement, the Qāḍīzādelis – the intellectual world-view of al-Āqḥiṣārī and, in particular, intellectual influences on his thought, are still hazy. This paper aims to make progress in this regard by studying the intellectual spring from which al-Āqḥiṣārī takes his conceptualisation of the religio-legal term bidʿa, the central theme of his seminal work, the Majālis al-abrār. In doing so, the paper finally puts to rest the vexed question over whether Shaykh al-Islām Taqī al-Dīn b. Taymiyya's writings had any influence in Ottoman Turkey prior to the advent of the 19th century reformist movements.
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الأفغاني, محمد نقيب. "حقيقة الربا في تعريفات الفقهاء الأحناف = Essence of Ribā in the Definitions of Ḥanafī Jurists." الدراسات الإسلامية 52, no. 2 (June 2017): 95–146. http://dx.doi.org/10.12816/0041245.
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Jäckel, Florian. "Re-Negotiating Interconfessional Boundaries through Intertextuality: The Unborn in the Kṯāḇā ḏ-Huddāyē of Barhebraeus (d. 1286)." Medieval Encounters 26, no. 2 (August 25, 2020): 95–127. http://dx.doi.org/10.1163/15700674-12340065.
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Abstract The article analyzes the Kṯāḇā ḏ-Huddāyē, a legal work of the Syriac polymath and ecclesiastic leader Barhebraeus. The intertextual strategies are assessed, such as compilation, redaction and adaption of the Huddāyē’s source material, i.e. legal compendia by al-Ghazālī, by the Ḥanafī al-Qudūrī and texts from Christian tradition. It is argued that the different normative boundaries established by these source texts and then intertextually reworked by Barhebraeus in the Huddāyē can be read as (re-)negotiation of communal identity for a Christian community in an Islamic environment. Two treatments of unborn life and pregnancy are taken as an example: the funeral prayer for the miscarried child and financial compensation in case of induced miscarriage.
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Anchassi, Omar. "Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Ḥanafī Jurisprudence by Samy A. Ayoub." American Journal of Islam and Society 37, no. 1-2 (May 16, 2020): 160–65. http://dx.doi.org/10.35632/ajiss.v37i1-2.733.
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Kars, Aydogan. "An Earlier Copy of al-Suhrawardī’s ʿAwārif al-Maʿārif and Its Scribe, Abū Ṭāhir al-Ḥanafī." Religions 11, no. 11 (November 17, 2020): 613. http://dx.doi.org/10.3390/rel11110613.
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This paper introduces an accomplished Ḥanafī traditionist [muḥaddith] named Abū Ṭāhir ʿAbd al-Salām Ibn Abī al-Rabīʿ al-Shīrāzī (b.bef.590/1194, d.661/1263), and two newly-discovered manuscripts that shed light on his life, works, and networks. The first manuscript is an earlier copy of ʿUmar al-Suhrawardī’s (539-632/1145-1234) influential Sufi treatise, Benefits of Intimate Knowledge [ʿAwārif al-Maʿārif] that Abū Ṭāhir copied in 603/1206. In addition to updating the terminus ad quem of al-Suhrawardī’s masterpiece, the manuscript also preserves a significant audition [samāʿ] record. While Abū Ṭāhir transcribed this early copy, he seems to have neither participated in the later transmission of the work nor formed a Sufi identity. A well-connected traditionist who has not yet received scholarly attention, he wrote many works, none of which have been studied so far. This paper introduces his life and works, traces his immediate teachers and pupils in transmitting prophetic sayings, and analyzes a hitherto unstudied manuscript of his Forty Sayings on the Virtue of Praying for the Messenger of God [Al-Arbaʿūn fī Faḍīlat al-Ṣalāt ʿalā Rasūl Allāh]. The paper demonstrates that the study of al-Suhrawardī’s ʿAwārif al-Maʿārif by non-Sufi traditionists can be traced back to its earliest extant copy available to us.
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Sabra, Adam. "Guy Burak.The Second Formation of Islamic Law: The Ḥanafī School in the Early Modern Ottoman Empire." American Historical Review 121, no. 4 (October 2016): 1392–93. http://dx.doi.org/10.1093/ahr/121.4.1392.
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Rasban, Sadali, Adam Abdullah, and Aznan Hasan. "An analysis of residue net estate distribution to bayt al-māl in Singapore." ISRA International Journal of Islamic Finance 12, no. 1 (April 1, 2020): 49–67. http://dx.doi.org/10.1108/ijif-04-2019-0055.
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Purpose This paper aims to examine the current practice in Singapore regarding an inheritance issue: disposal of the residual net estate to the bayt al-māl, which is identified as the Islamic Religious Council of Singapore (Majlis Ugama Islam Singapura, MUIS). The issue arises when the deceased leaves farḍ (fixed-share) heir(s) and/or dhawū al-arḥām (outer family members) but there is no ʿaṣabah (agnatic residuary heir by blood). Farḍ legal heirs are those beneficiaries for whom the Qurʾān prescribes inheritance of a pre-determined share. Disposal of the residual net estate to the bayt al-māl results in a reduction in the share due to the farḍ legal heir or worse, a total loss to the dhawū al-arḥām legal heirs. Design/methodology/approach A qualitative approach based on library and case study research has been adopted to elaborate practices that fall under the purview of the Administration of Muslim Law Acts (AMLA), Chapter 3. Findings The current practice seems biased against, especially, women and spouses. It creates high dissatisfaction in the community, especially those affected by such practices. This paper elaborates on the practice of residual net estate distribution in Singapore and the contemporary practices of the four Sunni madh-habs – the Ḥanafī, Mālikī, Shāfiʿī and Ḥanbalī jurisprudential schools – in other countries. Research limitations/implications In Singapore, Muslim law is defined and implemented by the civil court, not the Syariah Court or MUIS. The recommendation to change from the current classical practice by the Syariah Court and MUIS to the contemporary practice that is relevant to today’s context lies with the civil court and Government of Singapore. The choice for the Syariah Court and MUIS to adopt the contemporary practice as per Ḥanafī School by rule of the court or the government is beyond this research. Zayd ibn Thābit, Caliph Abū Bakr and a small number of companions held the view that the residue net estate asset must go to the bayt al-māl, the current classical practice. The contemporary practice adopted by Sayyidina ʿUthmān ibn ʿAffān, Jābir ibn Zayd and majority of the companions’ view, is not in favour of the residue net estate asset to go to the bayt al-māl; rather they view that it must be returned to the legal heirs. Practical implications Awareness in the community in the current controversial practice in Singapore when the residue net estate through the farāʾiḍ law was giving to bayt al-māl instead of returning to farḍ or dhawū al-arḥām in the absence of the ʿaṣabah legal heir as stated in the Inheritance Certificate issued by Syariah Court. Social implications To understand the contemporary Muslim law and the practical and just application in today’s Singapore context as supported by the AMLA, Chapter 3. Originality/value This is the first study that challenges the current practice by the Syariah Court and MUIS in Singapore, thereby endeavouring to restore justice to the community.
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Aykan, Yavuz. "A Legal Concept in Motion: The ‘Spreader of Corruption’ (sā‘ī bi’l-fesād) from Qarakhanid to Ottoman Jurisprudence." Islamic Law and Society 26, no. 3 (June 13, 2019): 252–71. http://dx.doi.org/10.1163/15685195-02612a02.
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AbstractThis article traces the genealogies of the legal concept ‘spreader of corruption’. Although some scholars working on Ottoman law consider this concept to be part of the Ottoman ḳānūn tradition, the history of its adaptation by Ottoman jurists actually dates back to the Qarakhanid period (eleventh century CE). It acquired its legal meaning as a result of jurisprudential debates among Ḥanafī jurists in the context of political turmoil and violent factionalism among madhhabs. Later, Seljuq and Golden Horde legal-textual traditions served as conduit for Ottoman jurists to adapt the concept in order to apply it to a variety of criminal acts. This article explores how the ‘spreader of corruption’ concept was reinterpreted over the centuries and how it contributed to the enforcement of law in the Ottoman context.
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Imber, Colin. "Why You Should Poison Your Husband: A Note on Liability in Ḥanafī Law in the Ottoman Period." Islamic Law and Society 1, no. 2 (1994): 206. http://dx.doi.org/10.2307/3399334.
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Belhaj, Abdessamad. "ĀDĀB AL-BAḤTH WA-AL-MUNĀẒARA: THE NEGLECTED ART OF DISPUTATION IN LATER MEDIEVAL ISLAM." Arabic Sciences and Philosophy 26, no. 2 (August 5, 2016): 291–307. http://dx.doi.org/10.1017/s0957423916000059.
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AbstractIs it possible to invent a science that sets the rules for an ethical, logical and effective debate? Shams al-Dīn al-Samarqandī (died in the first half of the 14th century), a logician and Ḥanafī jurist thought it possible. He undertook the task of developing a general theory of scientific discussion that had a tremendous success and impact on Muslim scholarship. Ādāb al-baḥth wa-al-munāẓara, as he called it, is a set of ethical and logical principles, taken from Aristotelian logic and Islamic law. His major treatise Risālat Ādāb al-baḥth, initiated a new discipline in which dozens of treatises, commentaries and glosses were written. In my contribution, I will shed light on this neglected science, describe its structure, expose its functions and highlight its significance for the development of debates and intellectual dialogues in the later medieval Islam.
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Kamal, Mustafa. "WAKAF TUNAI MENURUT PANDANGAN FIQH SYĀFI‘IYAH DAN FATWA MAJELIS ULAMA INDONESIA NO.2 TAHUN 2002 TENTANG WAKAF UANG." Jurnal Ilmiah Islam Futura 15, no. 1 (August 1, 2015): 93. http://dx.doi.org/10.22373/jiif.v15i1.560.
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This study discusses the cash waqf according to Syāfi‘iyah school and the Fatwa according to the Indonesian Ulema Council (MUI). The problem questions that want to be answered through this research are related to the notion of waqf in the view Syāfi‘iyah and MUI, cash waqf law in perspective and rationale Syāfi‘iyah against fatwa MUI and the cash endowments, as well as the understandingof cash waqf arguments. From this study, it is found that the MUI fatwa stipulates that charitable money is permissible or legal, while Syāfi‘iyah assumed that it is illegitimate. MUI underlying consideration in the opinion of Ḥanafī schools that allow endowments dirhams and dinars on the basis of istiḥsān bi al-'urf. Furthermore, according to the principle syafi'iyah waqf object is to be the principal eternal object or substance (baqā' 'aynih), which is not destroyed after use. Whereas money can be destroyed like food.
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Jadalhaq, Iyad Mohammad. "Gross Fraud in the UAE Civil Code: From Its Roots in Islamic Jurisprudence to Contemporary Proposals for Reform." Arab Law Quarterly 34, no. 2 (September 26, 2019): 109–40. http://dx.doi.org/10.1163/15730255-12341046.
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Abstract The regulations concerning gross fraud instituted by the United Arab Emirates (UAE) legislature in the UAE Civil Code are derived from provisions put forward by the Ḥanafī school of law. A general rule was put forward, and exceptions thereto were set. A certain remedy for gross fraud was instituted, namely, giving the defrauded party the right to terminate the contract. This article determines the comprehensiveness and adequacy of the legal texts dealing with the impact of gross fraud on contracts in the UAE Civil Code, the methods by which balance could be achieved between the interests of the contracting parties, and the means of protecting the defrauded contractor. Furthermore, shortcomings and defects in the existing legal texts that require amendment and reform are highlighted. This study concludes that the legislative treatment of the impact of gross fraud on contracts is insufficient, and advances possible recommendations.
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Ruiz de Almodóvar, Caridad. "Traducción de la reforma del código sirio de estatuto personal." Miscelánea de Estudios Árabes y Hebraicos. Sección Árabe-Islam 69 (January 16, 2020): 355–87. http://dx.doi.org/10.30827/meaharabe.v69i0.1056.
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Breve apunte de las reformas y traducción al español de los 69 artículos modificados y del artículo añadido mediante la ley 04 de 5 de febrero de 2019, publicada en el Boletín Oficial de 5 de abril de 2019, que ha modificado de nuevo el código de estatuto personal de Siria —código que regula las relaciones jurídicas entre los miembros de la familia, es decir el matrimonio, su ruptura, filiación, sucesiones y testamentos— que se promulgó en 1953, su fuente es la escuela jurídica ḥanafī, está compuesto por 308 artículos contenidos en seis libros y con anterioridad se había modificado en 1975 y en 2003. Los cambios introducidos en esta ocasión no solo eliminan algunas de las desigualdades y discriminaciones existentes entre hombres y mujeres, musulmanes y no musulmanes, sino también en algunos casos suponen una gran novedad, todo lo cual significa un paso más hacia la igualdad legal.
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Nasser, Shady Hekmat. "The Grammatical Blunders of Qurʾān Reciters: Zallat al-qāriʾ by Abū Ḥafṣ al-Nasafī (d. 537/1142)." Journal of Abbasid Studies 2, no. 1 (July 8, 2015): 1–37. http://dx.doi.org/10.1163/22142371-12340012.
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Jurists require Muslims to acquire a basic level of literacy in order to recite the Qurʾān during ritual prayers. For the educated elites, scholars, and in particular leaders of congregational prayers (imām), the expectation is the correct articulation of Arabic letters and adherence to grammatical rules. To that end, Ḥanafī jurists have developed some regulations, which attempt to identify the errors one may or may not commit during ritual prayers. These regulations are calledZallat al-qāriʾ, namely, the grammatical blunders of Qurʾān reciters.Zallat al-qāriʾidentifies these errors and distinguishes between those that would invalidate prayer and those that would not. In this article, I discuss whether a solecist (lāḥin/laḥḥān) was considered eligible to becomeimāmand lead congregational prayers. I then discuss the subject ofZallat al-qāriʾand its theological implications for understanding the nature of the Qurʾān and its composition (naẓm). Finally, I conclude with an edition of a treatise by Abū Ḥafṣ al-Nasafī (d. 537/1142) titledZallat al-qāriʾand a summary of its contents.
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Halevi, Leor. "Is China a House of Islam? Chinese Questions, Arabic Answers, and the Translation of Salafism from Cairo to Canton, 1930-1932." Die Welt des Islams 59, no. 1 (February 27, 2019): 33–69. http://dx.doi.org/10.1163/15700607-00591p03.
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AbstractRashīd Riḍā’s six fatwas to China, disregarded by historians of China and by historians of Salafism, greatly expand our historical understanding of transnational intellectual exchanges between Muslim reformers in the interwar period. The questions that prompted the fatwas shed new light on the specific issues that divided Sino-Muslim nationalists in the republican era, when a Chinese awakening coincided with an Islamic awakening. They also reveal why a Sino-Muslim scholar, seeking external arbitration, decided to write to a Muslim authority in Cairo. The fatwas that ensued show, in turn, the care that Riḍā took to transmit his legal methods and religious values to a foreign country, where Muslims mainly followed the Ḥanafī school of law. On the basis of the fatwas, which were translated into Chinese, the article offers not an arbitrary, abstract, or ahistorical understanding of the origins of Salafism in China, but a concrete grasp of Salafism in translation.
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Jadalhaq, Iyad Mohammad. "Duress and Its Impact on Contracts in the uae Law on Civil Transactions: Analytical Study in the Light of Islamic Jurisprudence." Arab Law Quarterly 31, no. 1 (February 9, 2017): 30–53. http://dx.doi.org/10.1163/15730255-12341331.
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This research addresses and analyses ‘duress’ and its impact on contracts, being one of the defects in consent, as regulated by the uae legislators in the Law on Civil Transactions. uae legislators have gleaned duress-related provisions from Islamic jurisprudence, as per its approach to regulation of the provisions of civil transactions. Therefore, this research needs to be referred to the different Schools of Islamic jurisprudence, these being the source of the uae Law on Civil Transactions. The research concluded that there is consensus among scholars of Islamic jurisprudence, as to the fact that duress affects a contract; however, these scholars hold differing views as to the extent of such impact. The research further concluded that the uae legislators have derived the legal regulation of duress from the Ḥanafī and Mālikī Schools of Islamic Sharīʿah—though there are some differences between these Schools—and the research arrives at additional conclusions and makes some recommendations.
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Ibrahim, Ahmed Fekry. "The Second Formation of Islamic Law: The Ḥanafī School in the Early Modern Ottoman Empire, written by Guy Burak." Islamic Law and Society 23, no. 1-2 (March 14, 2016): 156–60. http://dx.doi.org/10.1163/15685195-02312p09.
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Moumtaz, Nada. "From Forgiveness to Foreclosure: Waqf , Debt, and the Remaking of the Ḥanafī Legal Subject in Late Ottoman Mount Lebanon." Muslim World 108, no. 4 (October 2018): 593–612. http://dx.doi.org/10.1111/muwo.12265.
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Wardani, Wardani. "FUNGSIONALISASI TEORI PENGANULIRAN (NASKH) DALAM TAFSIR AL-QURAN DAN HUKUM ISLAM: Sebuah Catatan Kritis." Jurnal THEOLOGIA 24, no. 1 (March 2, 2016): 119–44. http://dx.doi.org/10.21580/teo.2013.24.1.318.
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Abstract: The commonly accepted assumption among Muslim scholars is that the abrogation (naskh) theory is regarded as method necessary for interpreting the Qur’ān and for law-making. This article is aimed to explore how it has been used to support ideological interest. At the beginning, some traditions, which are contradictory to each other, ascribed to ‘Alī bin Abī Ṭālib, for instance, which supports the importance of knowledge on naskh should be categorized as unreliable ones. The traditions have been distorted and interpreted in different context to argue for the importance. In wide range of the abuse, the naskh has been used to interpret some ambiguous verses, such as what Aḥmad Al-Baḥrānī, a Shiite scholar, done to set up his own theological belief. Meanwhile, the Muslim jurists have applied it as a method of making of law decision. ‘Abdullah al-Karkhi (w. 340 H), a Hanafite scholar, for instance, used it to attack against legal opinions of non-Hanafite scholars. Since al-Shafi‘is era till contemporary time, the naskh has been regarded as a method of developing Islamic law, of course, in different contexts and trends. Abstrak: Asumsi umum yang sudah diterima di kalangan sarjana Muslim adalah bahwa teori naskh dianggap sebagai perlu yang perlu untuk menafsirkan al-Quran dan untuk penentuan hukum. Artikel ini dimaksudkan untu mengekplorasi bagaimana ia digunakan untuk mendukung kepentingan ideologis. Pada mulanya, beberapa hadis, yang saling bertentangan satu sama lain, yang dianggap bersumber dari ‘Al ī bin Abī Ṭālib, misalnya, yang mendukung pentingnya ilmu pengetahuan tentang naskh harus dikategorikan sebagai yang tidak dapat dipercaya. Hadis-hadis yang terdistorsi dan ditafsirkan dalam konteks yang berbeda untuk membuktikan kepentingan tersebut. Dalam deretan penyalahgunaan, naskh digunakan untuk menafsirkan beberapa ayat yang ambigu, seperti yang dilakukan oleh Aḥmad al-Baḥrānī , seorang ulama Syi‘ah, dalam seperangkat kepercayaan teologis. Sementara itu, para ahli hukum telah menerapkan ini sebagai sebuah metode dalam menentukan hukum. ‘Abdullah al-Karkhi (w. 340 H), seorang bermazhab Ḥanafī, misalnya, menggunakannya untuk menyerang pendapat-pendapat hukum dari mazhab-mazhab non- Ḥanaf ī. Sejak era Syāfi’ī hingga masa kontemporer, naskh telah dianggap sebagai sebuah metode membangun hukum Islam, tentu saja, dalam trend dan konteks yang berbeda. Kata-kata Kunci: abrogation (naskh), abrogating verse (nāsikh), abrogated verse (mansūkh)
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Winter, Stefan. "Le rôle du kafīl (garant) dans la gouvernance locale selon les contrats d’affermage fiscal à Tripoli au XVIIe–XVIIIe siècle." Islamic Law and Society 23, no. 4 (November 17, 2016): 392–409. http://dx.doi.org/10.1163/15685195-00234p03.
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This article explores the legal institution of kafāla/kefalet (bondsmanship; surety) and its role in shaping local communal government in Syria in the Ottoman period. Drawing on the shar‘īya court registers of Tripoli (in addition to those of Sayda and Antioch as well as the Başbakanlık archives), it shows how iltizām tax-farming contracts in the 18th century increasingly required a pecuniary guarantee for their discharge to be posted by a third party, an act specific to Ḥanafī jurisprudence but not practised uniformly throughout the region. Whereas in some places the kafāla amounted to little more than a pledge of mutual accountability, or was imposed on a community against its will, it could also be used by foreign merchants or local notables to secure the rights to a given district’s commercial produce in advance. By “investing” in revenue collection concessions, the article concludes, both the southern Lebanese Shihābī emirs and the Maronite village population used the kafāla to acquire a direct financial and ultimately political stake in the rural hinterland of Tripoli, before dispensing once more with the idea of mutual or corporative responsibility once all of the province’s tax farms passed under complete Shihābī control in 1763. Cet article traite de l'institution juridique de kafāla / kefalet (cautionnement) et de son rôle dans la gouvernance communautaire locale en Syrie à l’époque ottomane. S'appuyant sur les registres de tribunal shar‘īya de Tripoli (en plus de ceux de Sayda et d'Antioche, ainsi que sur des documents d’archives Başbakanlık), il tâche à montrer comment les contrats de ferme fiscale iltizām du XVIIIe siècle exigèrent de plus en plus qu’une tierce personne se porte garant pour leur acquittement, un acte spécifique à l’école de jurisprudence ḥanafī mais pas appliqué de façon uniforme à travers la région. Alors que la kafāla ne constitua guère plus qu’une promesse de responsabilité collective dans certains cas, ou qu’elle fut imposée à une communauté particulière contre son gré dans d’autres, elle pouvait également servir à des marchands étrangers ou à des notables locaux pour s’assurer les droits sur la production agricole d’un certain district à l’avance. En « investissant » dans de contrats de perception d’impôt d’autrui, cet article propose en conclusion, les émirs Shihābī du Liban-Sud tout comme la population villageoise maronite ont pu utiliser la kafāla pour acquérir une participation financière directe ainsi qu’un droit de regard politique sur l’hinterland rural de Tripoli, avant d’abandonner de nouveau le principe de responsabilité mutuelle ou corporative une fois que toutes les fermes fiscales de la province furent passé sous le contrôle complet des Shihābī en 1763.
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Khalfoui, Mouez. "Together but separate: How Muslim scholars conceived of religious plurality in South Asia in the seventeenth century." Bulletin of the School of Oriental and African Studies 74, no. 1 (February 2011): 87–96. http://dx.doi.org/10.1017/s0041977x1000073x.
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AbstractThe Al-Fatāwā al-Hindiyya Al-ʿĀlamjīriyya is a compendium of Islamic Ḥanafi law. It was written in South Asia during the second half of the seventeenth century with the goal of filling the gap between local social reality and Islamic legal theory. In order to establish an authoritative ruling, the authors compared the views of Central Asian scholars on Ḥanafi law, like those from Balakh and Bukhārā, with the opinions held by the Iraqi scholars, in particular Abū Ḥanīfa and his two disciples. This paper argues that the South Asian scholars shared more similarities with their Iraqi colleagues than with the Central Asian branch of the Ḥanafi school of law, although the latter were closer to them chronologically than the Iraqi scholars. Furthermore, the South Asian scholars' “permissive” point of view regarding non-Muslim residents may be ascribed to the pressure of the social reality in South Asia, which pushed them to search for a compromise between the population's ruling Muslim minority and the non-Muslim majority.
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Ur Rahman, Zia, Dr Niaz Muhammad, and Dr Karim Dad. "مجلۃ الاحکام العدلیۃ اور پاکستانی قوانین کے تناظر میں مسائلِ وکالت کا تقابلی و تطبیقی جائزہ." Journal of Islamic and Religious Studies 5, no. 1 (June 29, 2020): 47–68. http://dx.doi.org/10.36476/jirs.5:1.06.2020.09.
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The Islamic Shari’ah has ensured and guaranteed protection and security of life, wealth, and honor through the imposition of different laws and injunctions. Alongside this, it permitted the jurists of the Ummah to frame and promulgate laws for their security under the Quran & Sunnah, which are the primary sources of Shari’ah. The Muslim scholars authored jurisprudence books keeping in view the need for the time in every era and thus a vast compilation of Islamic literature came into existence. The Ottoman Caliphate enjoys a particular background and characteristics among different Muslim empires. The said Caliphate not only had very extensive geographical boundaries but also had links with the contemporary governments. This Caliphate, following Fiqh Ḥanafī, had formed Majallah al Aḥkām al ‘Adaliyah for the country’s economic system. The clauses of Majallah were based on deep-rooted thoughts and, therefore, caused a great impact on the succeeding assets and heritage of jurisprudence. In this article, after mentioning the introduction of Majallah Al-Aḥkām Al-‘Adliyah and its methodology, a comparative and applied review of the selected provisions of "Kitāb Al-Wakālah" with "Contract Act 1872" is discussed and finally, the conclusions drawn from this research, along with few recommendations, are mentioned.