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This paper elaborates on how the scholars of the Hanafi School of Law theoretically considered mufesser and muḥkem. Mufesser and muḥkem represent two out of four categories (ẓāhir, naṣṣ, mufassar and muḥkem) in the categorization of the clear meaning of the legislative text (wāḍiḥ) in the Hanafi school. Naming examples, the paper analyses the use of mufesser and muḥkem in the Hanafi scholars’ ijtihād and shows the results and consequences of their understanding of the indications of these categories. At the beginning of the paper, the discipline of linguistics in Uṣūlu-l-fiqh is briefly explained, and then the linguistic and terminological definitions first of the concept of mufesser and then also of muḥkem in the Hanafi School of Law are presented. At the end, the legal value of mufesser and muḥkem and the value of their indications in legal reasoning in Shariat (ijtihad) are explained. [ABSTRACT FROM AUTHOR] more...

This paper attempts to elaborate on the Shafi'i school of law scholars' theoretical interpretation of the acceptance of the opposite implicit meaning (mefhūmu-l- muhālefe) method in the ijtihad and the consequences of such interpretation on the derivation of legal regulations in that school. At the beginning of the paper, we briefly explain the discipline of linguistics in uṣūlu-l-fikh, the acceptance of implicit meaning (mefhūm) in the process of ijtihad, the linguistic and terminological definition of the concept of mefhūmul- muhālefe in the Shafi'i school of law, the disagreement between Hanafi and Shafi'i on this issue, and the conditions for the use of the opposite meaning method (mefhūmu-l- muhālefe) by the Shafi'i. The use of opposite meaning (mefhūmu-l- muhālefe) and its significance in the Shafi'i school of law are explained naming suitable examples. At the end of the paper, we clarify the value of the mefhūmu-l- muhālefe indication and the legal power of the indication in the ijtihad. [ABSTRACT FROM AUTHOR] more...

This paper discusses the Shafi’i school of law scholars’ theoretical interpretation of the harmonious meaning (mefhūmu-lmuvāfeqa) and the consequences of such interpretation on the ijtihad in that school, with respect to their interpretation of implicit meaning of a legislative text (delāletu-l-mefhūm). At the beginning of the paper the purpose and use of implicit meaning (delāletu-lmefhūm) and its classification are explained, followed by the linguistic and terminological definition of the concept of mefhūmul- muvāfeqa in the Shafi'i school of law. Through the examples harmonious meaning and the methods of its indications are identified. It is also explained how the Shafi'i used mefhūmu-lmuvāfeqa in the argumentation of legal regulations. At the end of the paper, the value of mefhūmu-l-muvāfeqa indication and the legal power of the indication in the Shafi'i school of law are clarified. [ABSTRACT FROM AUTHOR] more...

This paper explores the theoretical interpretations of the pronounced meaning of the legislative text (al-manṭūq) in the Shafii school of law and the consequences of such an interpretation for the rules that the Shafiis came to through their legal reasoning (ijtihād). At the beginning of the work, the discipline of linguistics is explained in the context of the Methodology of Islamic Law (Uṣūlu-l-fiqh) as well as its significance for ijtihad, followed by the difference between the Ḥanafis and the Shafiis in the classification of textual allusions (ad-dalalāt) of legislative texts, and the linguistic and terminological definition of the concept of al-manṭūq in the Shafii school of law. Also, the classification of al-manṭūq in the Shafii school of law is presented. Providing examples, the author clarifies the significance of al-manṭūq in the Shafii school of law and the way in which the Shafiis used al-manṭūq in their argumentation in support of legal rules. Furthermore, the author presents the classification of almanṭūq and the restriction of its meaning with respect to the mafhūm al-muwāfeqa and mafhūm al-muhālefe. Finally, the value of al-manṭūq and its legal status as well as the indications in Shariah are clarified. [ABSTRACT FROM AUTHOR] more...

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. [ABSTRACT FROM AUTHOR] more...

This paper examines Hanafī legal school theoretical interpretations of the logical and legal meaning of the legislative text (dalālatu-n-naṣṣ) and the consequences of such an interpretation on the legal norms that the Hanafis came to with their ijtihād. At the beginning, the question of possible textual indications (ed-delalāt) of legislative texts is considered, then the linguistic and terminological definition of the concept of dalālatun-naṣṣ in Hanafī school. Through the examples of dalālatu-n-naṣṣ, it was explained how the Hanafīs used dalālatu-n-naṣṣ in the argumentation of legal norms. Furthermore, the status of dalālatun-naṣṣ in the Hanafī legal school and the preference in the case of contradictions between išāratu-n-naṣṣ and dalālatu-n-naṣṣ have been clarified. At the end, the results that have been made through the paper research are listed. [ABSTRACT FROM AUTHOR] more...

This paper examines the Hanafi scholars' approach to the alluded meaning (isharat al-nass) of a legislative text, and the implications of such an approach for the legal norms the Hanafis derived through ijtihad. The first part of the paper discusses the issue of possible textual indications (al-dalalat) within a legislative text, and then the concept of allusion in the Hanafi School from the linguistic and terminological point of view. Providing the examples of alluded meaning we show the way in which the Hanafis used alluded meanings in their argumentation. We also elaborate on the status of isharat al-nass in the Hanafi Madhab, and the way of giving preference in case of contradiction between isharat al-nass and ibarat al-nass. At the end of the paper we provide the conclusions derived from the study. [ABSTRACT FROM AUTHOR] more...

This paper presents the understanding and interpretation of the theme of ibāretun-nass in the Hanafi School of law, which is usually dealt in a branch of linguistics by methodologists of Islamic law. The importance of the branch of Methodology of Islamic law on linguistics and the benefits that a mujtahid has from the principles established by scholars in this part of Islamic law are discussed in the introduction. At the beginning of the paper, the Hanafi access to methods of textual indication of the legislation in general is examined, then the meaning of ibāretun-nass in Hanafi school, its linguistic and technical definition, examples, the level and method of its indications and the status of the meaning that ibāretun-nass indicates are treated. The importance of knowing the Arabic language, the methodology of Islamic law and other sciences necessary for the process of ijtihad are emphasised in the conclusion. [ABSTRACT FROM AUTHOR] more...

This paper considers the issue of interpretation (ta'weel) of original texts of Shari'ah in the spirit of traditional teaching. In the introduction the author emphasises the significance of knowing this issue through history and present day. After explaining linguistic meaning, the author describes a meaning of ta'weel in the tradition of selefus-saalihs (the first generations of Muslims) and first Islamic scholars and explains its terminological meaning. The special focus is put on issues such as weather ta'weel is acceptable as a way of interpreting original texts of Shari'ah, what the spheres of ta'weel are, what the status for following an obvious meaning of a text is and what conditions for correctness of ta'weel are. In the last part of the paper, the author explains types of ta'weel, based on its authenticity, and then he writes about arguments on which ta'weel rests upon. In the end, the author explains a status of ta'weel in the sense of obligation for following a norm that is derived from ta'weel. [ABSTRACT FROM AUTHOR] more...

The purpose of this study is to find a common ground for participation banking in Europe, by explaining a new way of banking practice which has its roots in the European business tradition of partnership, investment, trading and providing services, as well as the status of usury in Christian, Jewish and other traditions. It deals with questions related to the openness of European societies to this invention of Islamic culture, the main characteristics of participation banking, its benefits, the chances for building better relations with the Muslim world, and the possibilities of participation banking in non-Muslim environments. It is concluded that participation banking is an opportunity for rather than a threat to, Europe which will open new dimensions for the banking industry, diverse responsibility, bring people together, increase competition and bring better services with more competitive prices and, what is quite important is that it might activate the savings of European Muslims that are currently out of the banking system. [ABSTRACT FROM AUTHOR] more...

This paper presents the author's ideas about a possibility of questioning consensus (ijmā') of Islamic scholars, validity of those consensuses and authenticity of statements found in Islamic writings. In that sense, broad guidelines are presented at the end of the paper. Those guidelines can be of great help to contemporary Islamic scholars for building their relationship with the third source of Shari'ah and for using that source in a quality manner for argumentation and solving contemporary legal issues. [ABSTRACT FROM AUTHOR] more...

This paper is a reflection on a moral dimension of shari'ascientific research. In the introduction, the author emphasizes the importance of Islam to the humanity, and then explains the meaning of the term moral dimensions of the shari'a, and what it means in the context of the topic. The author further explains what spheres and methods of scientific research are permitted from the aspect of Shari'a, and then explains who has the right to interpret what is halal and haram in this regard. Further on, the author explains the characteristics of those scholars who have the righ to interpret what is halal and haram, and emphasizes basic starting points of their interpretation. The author also gives the thoughts of some of the contemporary Bosnian scholars and talks about the responsibility of Muslims to prevent the misuse of scientific discoveries. The paper ends with conclusions and recommendations that can help in the realization of the idea of harmonization of research work with the Shari'a rules and application of scientific discoveries to the benefit of men and not to their harm. [ABSTRACT FROM AUTHOR] more...