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The article is devoted to the problem of defining the conceptual foundations of Muslim law, inherent in its characteristic features. Emphasize the importance of studying the theological ideas of Islam, as they permeate legal concepts, forming a different "vision" of legal phenomena and legal reality. Attention is drawn to the relevance of scientific knowledge of Islamic religious doctrine in the conditions of modern trends, as a powerful ideological vector of the development of Muslim law, regardless of the inherent conservatism of Islamic society. In addition, the idea of the dualistic nature of Muslim law and its multifaceted nature is asserted, which is based on the conclusions of prominent legal scholars and religious scholars of the past and present, such as Abu Hanif, A. Ibn Khaldun, J. Schacht and others. The article presents the conclusions of the well-known modern scientist Benjamin Jokish regarding the borrowing of legal ideas of Jewish law, Roman law and Byzantium by theorists of Muslim law. The author, in general terms, reveals the issue of the genesis of Muslim law, in particular, the periodization of Muslim law is mentioned as a generalization of the historical stages of its existence, the role of legal schools (madhabs) in the process of the development of Muslim law is noted. The issue of distinguishing between the concepts of "Sharia" and "Fiqh" is also highlighted separately, attention is appropriately paid to the changing role of these two categories in the theory of Muslim law, since, first of all, the subject field of Fiqh began where the field of Sharia ended, which later acquired a different meaning. The field of research on the sources of Muslim law does not lose its relevance, in addition to the Qur'an and the Sunnah, the knowledge of the meaningful essence of ijtihad as a source of Muslim law derived from the Qur'an and the Sunnah, which is a functional tool for solving controversial issues of human existence and social life in general, acquires special importance.

Bilinenden yola çıkarak bilinmeyene ulaşma yöntemi olarak tanımlanan mantık ilminin Müslümanlar tarafından benimsenmesi ve İslâmî ilimlerde kullanılması tarihî bir dönüşüm sürecinden geçmiştir. Fıkıh usûlüne dair ilk çalışmaların lügat ve nahiv ilimleri perspektifinde şekillendiği ve lafız-mânâ ilişkileri ortaya konulurken ihtiyaç duyulan mantık ilkelerinin zaten kullanıldığı söylenebilir. Bununla beraber Gazzâlî dönemine gelinceye kadar İslâm âlimlerinin bir kısmı, felsefenin bir parçası olarak görülen ve gayrimüslimlerin kendi inançlarını yaymak için kullandıkları bir meşgale olarak algılanan mantık ilmine karşı menfî bir tavır ortaya koymuşlardır. Zaman içinde mantığın felsefeden ayrılması ve ahkâmı şerʻiyyeyi yayma, kıyas ile yeni meselelerde hüküm çıkarma ve aklî deliller çerçevesinde kâinata ibret nazarıyla bakma gibi gerekçelerle mantık ilmine karşı müspet bir bakış açısı ortaya çıkmıştır. Bu süreçte mantık ilminin Grek geleneğinden gelen biçimi İslâm düşüncesi ile yeniden şekillendirilmiş ve buna dair ilkeler geliştirilmiştir. Gelinen noktada şerʻî deliller ile fıkhî meseleleri çözümleme yöntemi olarak ifade edilen usûl-i fıkh açısından kesin, doğru ve tutarlı hükümler çıkarabilmek için mantık ilmi gerekli kabul edilmekte ve müçtehidin içtihada konu olan meselelerde bu ilmin metotlarına başvurması lüzumlu görülmektedir. Bu bağlamda çalışmada İslâm âlemine girdikten sonra müçtehitlerin farklı yaklaşımlarının söz konusu olduğu mantık ilminin İslâm fıkhındaki yeri, müçtehit ile ilişkisi ve müçtehit açısından gerekliliği ortaya konulmaya çalışılacaktır.

Copyright of International Journal of Social Sciences (IJSS) / Uluslararasi Sosyal Bilimler Dergisi is the property of International Journal of Social Science and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Although the compilation of hadiths, which are considered the second source of Islam after the Quran, started in an early period, it took centuries to complete the process. This service is of paramount importance, especially for mujtahid scholars. Because the scholar who will engage in ijtihad first looks for the answer to the problem he encounters in the Quran and the Prophetic Sunnah, and if he cannot find the answer he is looking for in these two sources, he resorts to ijtihad. It was not difficult for the mujtahid to reach the Quran. However, it was not easy to reach the Prophetic Sunnah, which had spread over the wide Islamic geography and whose codification had not yet been completed, under the conditions of that period, and therefore no mujtahid, including the Rightly-Guided Caliphs and the imams of major sects, was fully versed in the Prophetic Sunnah. In the research, it was determined by giving examples of important names from every layer that not every mujtahid, including the companions, was aware of some prophetic sunnah during the process of tadween and before. It was emphasized that the tadween is especially important for mujtahids and it was pointed out that the tadween positively contributed to the knowledge of the sunnah of the mujtahid scholars. As a result, it has been observed that a mujtahid, regardless of his rank, once a sound sunnah reaches him, he reverts from his old view and makes his judgment in accordance with the sunnah. It was only possible for the sunnah to reach the Islamic geography with the codification of hadiths. [ABSTRACT FROM AUTHOR]

Copyright of Tasavvur: Tekirdag Theology Journal / Tekirdag Ilahiyat Dergisi is the property of Namik Kemal University, Faculty of Theology and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Burdur Theology Journal / Burdur İlahiyat Dergisi is the property of Burdur Mehmet Akif Ersoy Universitesi lahiyat Fakultesi Dergisi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article focuses on one of the founding figures of the Sunni school of Islamic jurisprudence who contributed to the development of Islamic law, Abū Hanifah. Studying Abū Hanifah's literature can better understand his thoughts and views on Islamic legal issues. It can also provide greater insight into the history of Islamic thought and how Abū Hanifah's thoughts impact Muslim society today. This study uses the heuristic method with critical literature analysis because the data is obtained from various books, journals, and other documentation relevant to the historical approach. The results of this study state that the Hanafi school of Islamic jurisprudence is one of the famous schools of Islamic jurisprudence in the scientific discipline of Islamic law founded by Abū Hanifah. His background and education strongly influence Abū Hanifah's thinking pattern in determining the law. It is also inseparable from the socio-cultural dimension and the politics that underlie the Hanafi school of Islamic jurisprudence, which is seen as a factor affecting Islamic law's rational character. Literature on studying Islamic law in the Hanafi school of Islamic jurisprudence is widely found and spread worldwide. The school of Islamic jurisprudence is even adopted by one-third of the world's Muslim population. However, remember that some of Abū Hanifah's written works may no longer be available or incomplete. Over time, some manuscripts may be damaged or lost. [ABSTRACT FROM AUTHOR]

Bu çalışma Hanefî âlimlerinden Aliyyü’l-Kârî el-Herevî’nin (ö. 1014/1605) et-Tedhîn li’t-Tezyîn alâ vechi’t-tebyîn adlı risâlesinin tercümesidir. Risâlede tahiyyâtta işaret parmağının kaldırılması meselesi incelenmektedir. Aliyyü’l-Kârî et-Tedhîn’den önce, yine aynı konuda Tezyînü’l-ibâre li tahsîni’l-işâre adlı bir risâle daha kaleme almış olup et-Tezyîn’de tahiyyâtta parmakla işaret edileceği konusunu cumhur ulemânın görüşlerini de kapsayacak şekilde delilleri ile ortaya koymaya çalışmıştır. Bu minvalde tahiyyâtta işaret yoktur, diyenleri eleştirmiştir. Karşı görüşte olan Hanefî âlimlerinden Fıkhu’l-Keydânî müellifi Lütfullah el-Keydânî’yi (ö. 750/1349) ise ağır bir şekilde eleştirmiştir. Bu eleştiriler üzerine Aliyyü’l-Kârî dönemin önde gelen âlimlerinden olduğunu ifade ettiği bir zatın mezkûr eseri okuduktan sonra aklına takılan bazı soruları kaleme aldığı bir mektubu kendisine yolladığını söylemiştir. Aliyyü’l-Kârî ise bu mektuba cevap olarak et-Tedhîn li’t-Tezyîn alâ vechi’t-tebyîn adlı risâlesini kaleme aldığını belirtmiştir. Aliyyü’l-Kârî bu risalede tahiyyâtta parmakla işaretin bulunmadığını söyleyen Hanefîlere ait görüşleri sıraladıktan sonra bunlara karşı kendi görüşünü ortaya koymuştur. Kendi görüşünü açıklaması sırasında ise özellikle “mutlak müctehid”, “mezhepte müctehid”, “meselede müctehid” ve teklifi hükümlerden “mekruh” kavramlarını izah etmiş, son olarak da el-Keydânî’yi ağır ithamlarla hedef almıştır.

İçtihat, tahriç ve tercih gibi fıkhî istidlâl yöntemleri temel alınarak oluşturulan müçtehit tabakaları (tabakâtü’l-müctehidîn), mezhep mensubu bir fakihin mezhep içindeki faaliyetlerde hareket alanını belirlemesi bakımından oldukça önemlidir. Bu yönüyle bakıldığında müçtehit tabakalarının mezhep içi tercihle sıkı bir irtibatının bulunduğu anlaşılmaktadır. Sahip oldukları ilmî seviye bakımından müçtehit tabakalarında farklı mertebelere yerleştirilen müçtehitler, bulundukları yerde mezhep içi tercih faaliyetlerinin muhtelif yönlerini temsil etmektedirler. Bu çalışmada Şâfiî mezhebi esas alınarak oluşturulan müçtehit tabakaları ayrıntılı bir şekilde incelenmeye çalışılmıştır. Çalışmanın Şâfiî mezhebiyle sınırlandırılmasının sebebi, ülkemizde genel olarak konu hakkında yapılan çalışmalarda Hanefî mezhebinin esas alınıp Şâfiîlerin tasnifine ya hiç değinilmemesi, değinilse bile bunun kısa bilgilerle sınırlı kalmasıdır. Bu durumun da alana dair bir eksikliği barındırdığı açık bir husustur. Zikredilen sebeplerden ötürü bu çalışmada Şâfiî müçtehit tabakalarının mahiyetinin anlaşılmasının yanı sıra mezhep içi tercih faaliyetlerinde oynadıkları rol de tespit edilmeye çalışılmıştır.

The fatwa is one of the important and necessary matters in our tolerant Sharia, and it is one of the tasks that fall on the shoulders of the mujtahid when he lacks a fatwa on new and emerging issues, in which there is no text or saying, especially since we hear and witness every day the technological development that takes place in various issues of life. Such as electronic means of communication, the Internet, digital currencies, and the governance of the joints of society, and this resulted in the emergence of legal problems, the position of the legislator must be stated about them or their rulings. Therefore: The problem lies in the fact that these innovations are devoid of legal rulings, and from here it was necessary to draw up a systematic study showing the way to identify the rulings related to those matters by the requirements of the legal principles and rules. As for the aim of the study, it is to prepare a curriculum through which it is possible to stand on the ruling of the calamity, which did not come with a legal ruling, and then to stand on a ruling that does not contradict the rules and Sunnahs of the the Shari'a. In the study, I relied on the analytical method, so I dealt with the specific pronunciation of the subject of the study, so I knew it linguistically and idiomatically, and inferred it from the original references, and after that, I referred to the sayings of the scholars to support what is more likely than them, after I explained it with analysis and dealt with it with documentation. The results of the study can be summarized in three things: 1. Determine the methodology that must be followed and observed by the questioner when ruling on the calamity. 2. Accurate understanding and true knowledge of the Shari'a rules and evidence related to the conditions and circumstances of the calamity by the requirements of Shari'a. 3. The ability to derive the provisions of calamities. What is related to the recommendations is the obligation to adhere to the legal regulations, especially what the research study concluded to avoid falling into a spiral of opinion, and not to turn away from those controls because turning away from the spoils disturbs the religious and worldly matters of the mufti and the questioner. [ABSTRACT FROM AUTHOR]

This study is the translation of the treatise titled al-Tadhīn li al-Tazyīn alā wajh al-tabyīn of Ali al-Qārī al-Harawī (d. 1014/1605), one of the Hanafī scholars. The issue of raising the index finger in the tahiyyāt is examined in the treatise. Before he wrote al-Tadhīn, Ali al-Qārī wrote another treatise on the same subject called Tazyīn al-ibāra li tahsīn alishāra, and in that treatise he presented his evidences and the opinions of the majority of scholars in a comprehensive manner on the subject of raising the index fingers while reciting tahiyyāt, and criticized those who say that there is no raising the index finger in tahiyyāt. He heavily criticized the Hanafi jurist Lutfullāh al-Kaydānī (d. 750/1349), who is the author of Fiqh al-Kaydānī, and one of opponents who held the extreme point of view. Upon these criticisms, Ali al-Qārī stated that he received a letter from one of the leading scholars of his time, without mentioning his name, who read the aforementioned al-Tazyīn which raised certain questions in his mind. As a response to this letter, Ali al-Qārī wrote his treatise titled al-Tadhīn li al-Tazyīn alā wajh al-tabyīn. In conclusion, in his treatise titled al-Tadhīn, after listing the views of the Hanafis who were against raising the index finger in tahiyyāt Ali al-Qārī discussed the concepts of “absolute mujtahid”, “mujtahid in the madhhab”, “mujtahid in issues” and “makruh” one of the defining rules in Islamic jurisprudence and finally severely criticized al-Kaydānī. [ABSTRACT FROM AUTHOR]

As in all madhhabs, the Shāfi’ī madhhab went through various stages while continuing its development, and in this process, terms that determined the development stages of the madhhab and provided it to be understood, were formed. One of these terms is “ashāb al-wujūh”, which expresses the scholars who are in the third degree among the mujtahid strata of the madhab, and the other is the term of “wajih”, which expresses the views of these mujtahids. In this study, what Shāfi’ī faqeehs understand from the term “wajih” and what the preference criteria are in case of conflict between aspects are examined. In addition, it has been revealed what is meant by the term “ashāb al-wujūh”, which is one of the controversial issues among “Shāfi’ī faqeehs” and which is extremely difficult to determine and requires detailed research, and what qualities should be in mujtahids who will be in this category. Again, it has been examined whether there are different perspectives in determining the mujtahids in this category and various evaluations have been made about this. In addition, a list of mujtahids who are stated to be in the category of ashāb al-wujūh by Shāfi’ī faqeehs, their role in the madhhab and the evaluations made about the jurists, whose existence is a matter of dispute, are also included in this study. [ABSTRACT FROM AUTHOR]

Abstract The inevitability and significance of Ijtihad has been obvious at all times and is still evolving as per necessity. Amongst two illustrious procedures of ijtihad; Ghair-mansos-minun-nuss (indirectly derived from Quran and Sunnah) includes Istihasan, Masalih Mursala, and Maqasid Shari’ah. From all these; Maqasid Shari'ah and the procedures of deriving masails (finding solutions to the newly arise problems) using it, are imperative and advantageous as well as deep-rooted to be precise, as the probability of committing a gaffe is significantly high. Hence, it is indispensable to acquire a comprehensive understanding of Maqasid Shari'ah and its evolution, and procedures for deducing Masails using it. Since its inception, Maqasid Shari'ah evolved to its current prominence through long, continuous and valued miscellany discourses. Time has come where all those diverse researched are to be made modest for vibrant understanding of it; bringing forward the valuable researches of scholars at different times and moreover error-free inference of its rules. This article broadly particularizes Maqasid Shariah, its significance, its evolution, and procedures for rules inference, using prominent wide-ranging illustrations. Key words: Ghair-mansos-minun-nuss, Mujtahid, Masalih Mursala, Maqasid Shari’ah, Masails

The researcher believes: that taking the hadith of Ahl al-Bayt with the conditions of authentic transmission, is just like taking from the Prophet (peace and blessings of Allahbe upon him and his family). Al-Basiqah and we have mentioned the sayings of Sayyid Al-Khoei, byreferring that "The reader will findin my interpretationthat I do not deviate from the apparent meanings of the Book and its rulings, and what is provenby the infallible Imams / the offspring of the Messenger (Allah bless upon him). They are those whom Allah Almighty, singled out with a purification. If the school of the Companions is described as the branch of prophecy, then Ahl al-Bayt is its lush tree. [ABSTRACT FROM AUTHOR]

Copyright of Çukurova Üniversitesi İlahiyat Fakültesi Dergisi (CUIFD) is the property of Cukurova Universitesi Ilahiyat Fakültesi Dergisi (CUIFD) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Şer’i delillerden hüküm istinbât edebilmek ictihâd, bunu yapabilecek seviyede olan kişi de müctehid olarak isimlendirilmiştir. Ahkâmla alakalı her konuda istin-bat/ictihâd etme kabiliyeti olan âlime/fakihe mutlak müctehid, bazı konularda ictihâd edebilene ise mütecezzi/mukayyed/kısmî müctehid denilir. Bu çalışmada Câferî âlimlerin mutlak müctehid için gerekli gördüğü şartlar konu edinilmiştir. Bu şartlardan bazıları zaruri bazıları ise tamamlayıcı kabul edilmiştir. Zaruri olanlar arasında; Arapça, Mantık, Kelâm, Kitap/Tefsir, Hadis/Sünnet, Rical, Usûlü’l-Fıkh, Furûü’l-Fıkh, İcma bilgisi ile İctihâd Melekesine sahip olma zikredilir. Tamamlayıcı olarak da; Astronomi, Tıp, Geometri ve Matematik sayılır. Câferî alimler gerekli görülen bu ilimlerden bazıları konusunda ihtilaf etmektedirler. Çalışma boyunca bu farklılıklar ortaya konmaya çalışılmıştır. Sünnî âlimlerin bu şartlar konusundaki görüşlerine de mukayese amaçlı değinilmiştir. Sünnî âlimlerin müctehid için gerekli gördükleri şartları genelde Câferî âlimlerin de gerekli gördüğü, bu konuda farklılığın cüzi bazı konularda olduğu makalemizde anlaşılacaktır.

Copyright of Dirassat in Humanities & Social Sciences is the property of Research & Development of Human Recourses Center (REMAH) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of ULUM Journal of Religious Inquiries is the property of ULUM Journal of Religious Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Despite the difference in the ways to legitimize of the judgment of imitator, a person who imitate from legal authority, it is agreed that he can judge during an emergency. Now, one of the questions that may be posed is that on what Fatwa should the imitator judge? On the other hand, according to the existence of law in the Islamic society, a new question can be raised: Is it correct that he judges according to a law that is set on the different mujtahids’ Fatwa and What is the duty when there is a conflict between the Fatwa and the law? According to the opinions on this issue, the judge must verdict according to the Fatwa of his legal authority, or the mujtahid which has appointed him to the post of judging. According to these two opinions, judging by law about parties in action in the assumption of non-compliance with one of these two fatwas is not valid. The authors believe that the reasons presented about these two opinions are not capable of proving them and they have a theory that can legitimize judgments on the basis of law.

In this article, classifications about the ranks of mujtahids are mentioned. Some evaluations have been made on these classifications. Qualitative research method was used in the study. The obtained findings were evaluated and classified under appropriate titles. It is seen that among hundreds of thousands of companions, those who give fatwas are only about one hundred. Fatwas given by most of them do not exceed one or a few. It is known that some of these fatwas are conveyance about a subject. In other words, some of them do not have a real fatwa. It is understood that the companions who do ijtihad in real terms are limited. It was reported that about ten of them were intensely occupied with fatwa and ijtihad. In this context, it should be easily stated that the majority of companions are far from the rank of ijtihad. The same is true for the tābi’in and next generation. Considering the fact that not every one of the scholars in the mujtahid period is at the mujtahid level will be useful in terms of understanding the subject. In some studies on our subject of study in our country, the classification of Hanafis has generally been mentioned. Sometimes the classification of faqih jurists was mentioned. However, the classifications of Malikî and Hanbali faqihs were not mentioned. For this reason, the ranks of four sect mujtahids have been examined in our study. The first classification in the Hanafi sect is belong to the scholar Kemalpaşazâde. Ibn Abidîn and Ömer Nasuhi Bilmen recorded his classification as it is. In this respect, the classification recorded by Ibn Abidin and Bilmen was not mentioned separately. [ABSTRACT FROM AUTHOR]

Muslims believe that Qur'anic revelations and the sayings (or hadith) of the Prophet Muhammad provide a code of life for this world, and the hereafter. Through the Holy Qur'an, His Prophet, and the Prophet's Progeny, Allah informed Muslims that it is incumbent upon them to both pursue knowledge, and to act upon it with wisdom. In an attempt to obey this command of the Almighty, followers of Islam who seek to understand Divine Scriptures with due diligence also eventually realise the limits to their understanding, even when endeavouring to decode the apparently simplest of Qur'anic verses, as they often have an underlying complexity to their exegesis. Thus, unlike Sunni Muslims, the Shi'a followers of the Ahlulbayt appreciate both the importance and necessity of taqlīd - that is, deferring to appointed jurisprudents for learned and scholarly interpretations of the Holy Texts, the teachings of the Prophet Muhammad and what are considered to be his infallible descendants from his daughter, Fatima Zahra. However, to what extent are the edicts, or fatwahs, issued by contemporary Islamic jurisprudents in alignment with the beliefs and concerns of the youth of today, specifically Iraqis?.

Ijtıhād means that fakihs do all they can to reach information on a sharia practice. During his lifetime, Prophet Muhammed (pbuh) allows his companions to do ijtilıād in his presence. For that reason, ijtilıād is regarded as worship by Islamic scholars. In this study, we will examine narratives which say that the mujtahid (ijtilıād scholar) who hits the truth will get two rewards (ajr), and the one that makes an error will get only one. Our aim is to determine whether these narratives belong to the Prophet and thereby the reliability of them. In the present study, we will examine both the transmission of the hadith and will make a textual analysis. [ABSTRACT FROM AUTHOR]

Copyright of Hileya: Scientific Bulletin / Gileya is the property of GILEYA Publishing and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Imam Bukhari (194-256H) was indefinite. Jurisprudent (Mujtahid). He frequently used the comprehensive term Ijtihad, instead the word of analogy. That is the reason that Imam Bukhari arranged the chapters with the titles of ... and chapter ... and chapter ... According to Imam Bukhari it is condemnable to extract each matter from analogy, and it is unjustified to attribute the analogy to the Holy Prophet (...) whereas, it is admitted fact that Imam Bukhari considered analogy as authentic source of consideration as well as analogy is the fourth source of Islamic sharia through which Shariah expansions and development are found on the basis of common causes in consonance with the cotemporary needs and requirements. This is a proof that Imam Bukhari was indefinite jurisprudent (Mujtahid). Keeping this in view, this was felt that the concept of Imam Bukhari with regard to the analogy should be clarified and interpreted in its true perspective. An imperial and in depth study of Imam Bukhari makes it crystal clear that he not only accepts the analogy as a source of Shariah but also makes it a touch stone for logical reasoning at some occasions. However, he is against its excessive use. He has attempted to persuade the people to use it in a moderate manner. He appears to have imposed some restrictions and conditions on the text and interpretation distinctive feature of the analogy. By indicating this factor, he has vigorously forbidden exaggeration in the analogy. [ABSTRACT FROM AUTHOR]

Recently, some researchers have argued that fiqh methodology is not a method of producing furu', it is a science that makes a methodological explanation of what has taken place in the past, and it was built especially for the purpose of preserving the present, which means that it is "facing backward". The proprietors of this claim could not provide sufficient and convincing arguments from the fiqh or furu' literature to support these convictions, nor did they find any evidence of their assertions in the history of fiqh. Just as some orientalists, and especially revisionist orientalists, they have not been able to justify their claims up to date with regards to Islamic sources and Islamic sciences, including the Qur'an and Sunnah-hadith, retrospectively. It is maintained that those who claim that fiqh methodology has completed its function argue that they have found two grounds for it. The first premise is that this science only gained the quality of being a systematic science after the formation of furu' and of the fiqh madhahib. The fact that the fiqh methodology gained a systematic structure, especially with the literature that emerged since the IV/X century following the establishment of the madhahib, is an accurate discovery. However, the procedural science existed at the same time as fiqh/furû, and even in many ways it existed long before it, as a congenial phenomenon with the most basic rules concerning the evidence, judgments, verbs and maqasid sections. Otherwise, there would be no talk of a coherent and harmonious discipline of fiqh. Therefore, the fiqh methodology was present and effective right from the beginning as a concrete fact, although its systematic literature came to light after the stabilization of the fiqh madhahib. The second basis of the aforementioned claim is the presupposition that a fiqh cannot be produced according to the general theory of fiqh methodology. It is as if the following is said: the independent ijtihad activity based on the nusus has ended, in this case, the fiqh methodology has also completed its task and is no longer functional. Law production can only be possible today through tahrij, depending on the doctrine of a madhhab and its fatwa procedure. After the establishment of madhahib in Islamic societies, it is accurate to conclude that fiqh production was shaped according to a group structure that was adopted by the society, today as it has been throughout history. Legal stability also requires this type of development. However, this fact does not necessitate the following conclusions, as will be demonstrated by the examples in this article: (i) The independent jurisprudence activity based on the nusus has now come to an end; (ii) from now on, there is no question of relinquishing it, and (iii) fiqh and fatwa, that is the sharia-legal rules, can only be produced through tahrij. This means that Islam cannot read the changing and developing life, and therefore will fall behind. This article will try to establish that the claim that the fiqh methodology no longer functions is inconsistent in many respects. In making this foundation, it will point to the historical development of the science of fiqh methodology, and then it will refer to the way Islamic jurists view the science of methodology and how they position it. It will then demonstrate how fiqh methodology is functional in the context of selected examples from both the previous fuqaha and the present-day fatwa councils, showing that the truth of this case is totally something else, contrary to the negative modern interpretation of functionality. [ABSTRACT FROM AUTHOR]

This article focuses on the different features of Islamic law (sharia) from other law systems. Firstly, it was examined that Islamic law is a divine-based legal system. Later, although it was divine origin, the issue of developing Islamic law by jurists was discussed. Again, information was given about the fact that Islamic law has worldly and destructive sanctions. In addition, it was emphasized that Islamic law was developed with the Kazuistic (problematic) method, but it also used the abstract method. [ABSTRACT FROM AUTHOR]

Imam Shafi'i is a mujtahid/scholar who has created a masterpiece in the world of Islam. He is the first composer who determine the ushul fiqh as a discipline that can be used to Islamic law students. He is popular as a moderate thinkir where his thought that combining between who emphasise their thought in al-ra'y (logocal view) and sunnah/traditions. His main work in the field of jurisprudence, namely al-Risala and al-Umm. Imam Shafi’i’s thoght/ijtihad finally was formed as a mazhab in Islamic law/fiqhi.

"Ijtehaad is the name of such an effort and struggle which is done to seek Deeni commands and the persons who do such effort are called mujtahideen. Among such leaders and mujtahideen, Imam Tirmzi (R.A) is also a name who is known to be a great muhaddis in the field of knowledge due to his "Jame". Since both Terms "Jame" and "Sunan" are implemented on his book, therefore the subject of discussion is to fill the research gap with reference to the explanation of his Ijtehaadi status. At first this discussion includes four different opinions. Regarding fiqhi sect of the Imam Sahib. And after that, by providing / in the light of research analysis of such opinions, this point has been established with seven different arguments that he was mujtahid mutlaq." [ABSTRACT FROM AUTHOR]

Throughout the centuries the Muslim ummah, and their scholars in particular, have faced questions and challenges about zakāt. However, there is a vast difference between raising questions for the sake of seeking knowledge and making allegations based on mere assumption rather than on ijtihād. Zakāt is the third pillar of Islam and it should therefore be realized that all the rulings and norms related to zakāt are fixed by sharī‘ah texts which cannot be changed because of the mutability of time and space. To some people certain aspects of zakāt seem irrelevant to our contemporary time and therefore they suggest revising the whole concept of zakāt and applying it according to our modern era. However, anyone who ventures to challenge the established norms of zakāt must at least be well versed in the major sources of sharī‘ah such as the Qur'ān, sunnah, ijmā‘, qiyās as well as in Islamic jurisprudence and the Arabic language. Otherwise what they pose are baseless claims rather than intellectual questions. The authors of this paper focus mainly on three aspects: concept and scope of ijtihād, discussion and responses to various allegations raised by Volker Nienhaus and textual evidences for the proper understanding of zakāt. The paper has adopted historical and descriptive methods of analysis. [ABSTRACT FROM AUTHOR]

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Born in the time in which Emevi state was on the brink of collapse, Sufyan al-Thawra witnessed its collapse and subsequently spent 30 years in Abbasi state founded upon the collapse of Emevis. Sufyan al-Thawra was known to have a distinct interpretation of Islamic jurisprudence in the 2nd century (Islamic calendar) in which different interpretations of islamic jurisprudence started to be formed. When looked at his own interpretations of Islamic jurisprudence, Sufyan al-Thawra was seen occasionally to be following the Hijaz, Kufa school of thoughts and rarely stood between them. Some "tabaqat books" described him either as a representative of Ehli Eser or Ehli Rey. It was due to his interpretations which were suitable in both of the school of thoughts. it would better to introduce him as an interpreter of Islamic law (Mujtahid) who could interpret between these two distinct Islamic schools through using ra'y and hadith in a balanced way instead of being identified a mere follower of Iraq or Hijaz school. What we considered was that he was an islamic scholar standing between these school of thoughts and also stood in the point closer to Iraq/Kufa thought pioneered by İbn Mesud who was a companion of prophet Mohammed (Peace and blessings be upon him). [ABSTRACT FROM AUTHOR]

The tradition of ijtihad became a rare activity conducted. This tradition on the other hand seems to be the authority of the religious elite and another hand, yet the tradition of ijtihad which should be further developed. It became the spirit of Islamic progressivity. Without this tradition, Islam seems to be frozen and stutter for the challenges of the times. It must be realized that the current challenge may be resolved not merely refer to the creativity of the past. Contemporary challenges must be faced and solved by the present creativity as well. Creativity is a time only in the context of time resolve the problem and not always just as drawn to the matter at different times. Any period has a different way and solution in accordance with the challenges of his time. Similarly, each community has a different solution when faced with problems, even at the same time and same problem. This is where the interpretation of reality gave birth to the diversity of interpretation of a role as well as the diversity of truth. And moving the tradition of ijtihad is one of the efforts to mobilize Islam.

Fiqh procedure is a science that teaches how to remove the canonical provisions from sources. This knowledge which gives information about the fiqh method in one aspect and provides information about the thought of fiqh another aspect, makes guidance to those who remove provisions and describes the operation of the adjudication process to all who haven't access to level of ijtihad. Thus, ijtihad has a special place in fiqh procedure. But because of fiqh method works is written by more than one method and an understanding, classification of the content is different. Therefore, depending on understanding of classification ijtihad subject have been studied in a variety of ways in classical fiqh method works. Some of procedural scholars studied the subject in separate topics and some of them in conjunction with analogy or as the subtitle of this. It is observed that those who prefer separate topics drew attention to the relationship between the two titles usually by giving place in ijtihad after analogy. Whereas those who looks into subject in the final section and completion in this way tried to explain the informations which up to this part are prerequisite of ijtihad. Those who investigating the ijtihad in the context of fatwa gave place to the topic in the title adjectives of mujtahid or mufti. At this time the application which in form of dissemination subject to the work by description on various topics in places is among our detections. This picture reach the result that overview of the topic of ijtihad in the works of the classical fiqh procedure is not uniform. [ABSTRACT FROM AUTHOR]

Copyright of Dîvân: Journal of Interdisciplinary Studies / Disiplinlerarasi Calismalar Dergisi is the property of Bilim ve Sanat Vakfi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Most scholars have focussed on the experience of Sunni Muslims in the West. They often postulate a monolithic Islam that expresses the 'normative Islam'. This paper will outline the salient features that characterise the Shi'a community in the United States of America and will examine some of the recent juridical literature that has emerged from the traditional religious seminaries of Najaf and Qum. Also to be discussed are some of the hermeneutical tools that jurists have deployed in coming up with novel solutions to the challenges the community has encountered in the West. I contend that when facing new situations that cannot be located in the revelatory sources and do not have legal precedents, jurists can formulate judgments that will best protect the interests of the community while remaining faithful to the Islamic frame of reference. [ABSTRACT FROM AUTHOR]