Hanafi Madhhab Research Articles

The creed “al-‘Aqaid al-nasafiyyah” as a standard of Sunni doctrine

The subject of the article is the medieval manuscript “аl-‘Aqaid an-nasafiyya” and aspects related to its compilation. The article contains the data about the earliest version of the manuscript and its textual features. Some discrepancies with modern editions of the treatise text are revealed, the historical motive for compiling the work, as well as its connection with the main theological works of major scholars of the Hanafi madhhab are considered. The colophon of the manuscript, which provides valuable information about the date and place of composition of this theological treatise, is examined separately.

Isbijab – a new centre for the development of Islamic law (XI-XII)

The relevance of this article covers historical, religious, local and diplomatic factors, which reflect the importance of research and the multifaceted nature of Isbijab. The purpose is to study the Isbijab School of fiqh law in the Middle Ages in the context of Islamic law and the history of Kazakhstan. In this work, standard historiographical methods are used: historical-systemic method, historical-comparative method, method of historical periodization and others. The main result is to clarify the role of the fiqh school of Isbijab in the context of studying the history of Islamic law on the territory of modern Kazakhstan and in the region as a whole. The authors also found that Isbijab was one of the centres of Islamic studies and law not only in Kazakhstan but also in the whole of Central Asia in the XI to XII centuries. It was the time when Isbijab developed its legal concept and school of fiqh, the Hanafi madhhab. This school of Islamic law introduced a new generation of legal scholars and their pupils, whose major works and academic degrees paved their way in the historiography. Their experience helped the researchers to study the manuscript works of medieval Isbijab jurists from a historical-legal and theological point of view. The paper shows the findings of an ongoing study of Isbijab legal practitioners in the framework of the "Mukhtasar al-Tahawi" book. Work has practical relevance not only in the context of Islamic studies and Islamic law but also in history, international relations, country knowledge and in other disciplines.

Imam Abu Ja‘far al-Tahawi and his creed in the writings of Tatar theologian Sh. Marjani

The article is devoted to the study of texts from the manuscript and printed works of Shihab al-Din al-Marjani (d. 1889), in which this Tatar historian and theologian speaks of the great Hanafiimam Abu Ja‘far al-Tahawi (d. 933) and his work “al-‘Aqidah al-Tahawiyyah” also known as “Bayan al-Sunna wa-l-Jama‘ah” Historical and theological works of al-Marjani were studied, such as “Wafiyyat al-aslaf”, “Muqaddimat kitab Wafiyyat al-aslaf”, “al-‘Azb al-furat”, “Nazurat al-haqq” and others. As a result, it turned out that Shihab al-Din al-Marjani highly appreciates the knowledge and works of this Egyptian medieval scholar of Islam. Al-Marjani considers him to be the Mujtahid of the Hanafi Madhhab and the third-century rejuvenator of faith (Mujaddid) in Hijra. And his work “Bayan al-Sunna” recognizes as the very first Sunni source in which the dogmas of the righteous predecessors (al-Salaf al-Salih) of Islam are collected and recorded.

THE ATTITUDE OF DIFFERENT CURRENTS AND MADHHABS OF ISLAM TO THE CONSUMPTION OF SEAFOOD

The relevance of this study is due to the fact that scientific papers have not actually considered the features and rules related to the use of seafood according to the religious rules of Islam. It is generally believed that Muslims do not eat blood, pig meat, dead meat and alcohol. In fact, this is true, but it should be noted that certain trends and law schools have their own nuances related to the consumption of seafood. Ignorance of these issues can complicate the export of certain goods to some Muslim countries, as well as to banal misunderstandings when communicating with Muslims by representatives of certain movements and schools. The subject of the study is the rules of some currents and madhhabs related to the consumption of seafood. The purpose is to clarify issues related to the use of seafood in Islam. The main method is hermeneutical, which includes the study of the Koran, the sayings of the prophet and the works of Islamic theologians related to the consumption of seafood. As a result, it was found that representatives of the Hanafi Madhhab and the Shiite movement consider some seafood forbidden for consumption. The results of the study can be applied in the development of Halal standards and certification of certain types of products. Also, the results of this article may be useful in the preparation and teaching of religious studies courses. Islamic theology and selected trade and economic disciplines.Key words: Islam, Halal, Haram, madhhab, Hanafi Madhhab, Shiism, seafood.

Pendayagunaan zakat untuk beasiswa pendidikan perspektif madzhab Syafi’i dan Hanafi

Zakat is giving a portion of the wealth that has reached the nisab, without any constraints that are not given to it. But the problem is that after it is collected and will be given to the rightful 8 asnaf (QS.: 9: 60) including certain criteria of people who are not directly mentioned by the verse above. This is evident when the wealth is given to school dropouts who want to continue with economic reasons that do not support, so everything fails in the middle of the road (Not realized). The form of the problem above is how the views of the Shafi'i and Hanafi madhhabs on the use of zakat for scholarships and where are the points of similarity and difference in the opinions of the two madhhabs. This research uses a Library Research approach (library research) After the data is collected, data analysis is continued, by checking the data (editing), marking the data (systematizing) and systematizing the data (systematizing). The type of research used in this research uses comparative studies. From the discussion above, it can be concluded that the use of zakat assets for scholarships (education costs) is permitted according to the Shafi'i madzhab and the Hanfi madzhab, as an expansion of the meaning of sabilillah or ibnu sabil, the similarity of opinion lies in the permissibility of zakat assets for education costs for those in need. The clear difference is shown by the interpretation of the meaning of sabilillah and lilfuqara' which the Shafi'i madhhab gives a broad meaning, and the use of zakat treasures for educational expenses is for those who have achievements only, but the Hanafi madhhab is more restrictive on the existence of ownership (attached to a person) about his state of lack or need of wealth.

Exploring al-Shāfi'ī and Hanafī Perspectives on Local Beliefs

The increasing belief of the Sanrobone community in the sanctity of Karaeng Lolo Bayo's Tomb is rooted in the significant contributions made while alive, and the deep influence has cultivated a lasting sense of reverence among its members. Therefore, this research was conducted to report the public belief in the sacred grave of Karaeng Lolo Bayo within the Sanrobone community. The belief was subject to analysis through a comparative examination of the two main schools of Islamic fiqh, Hanafiyah and al-Shafi'iyah, specifically concerning the pilgrimage activities associated with the grave. Primary data collection was conducted using interviews with several community leaders, visitors, and experts in related fields. Meanwhile, observation and documentation were used to analyze the data obtained through the interview method. The results showed that the tradition of grave pilgrimage in the Sanrobone community serves the purpose of honoring their ancestors and enabling community members to engage in prayer rituals at the gravesite. The al-Shafi'i madhhab and the Hanafi madhhab literature permitted this tradition in line with the fundamental principles of Islam, maintained simplicity, and avoided acts associating partners with Allah.

ДЕОБАНД ОҚУ ОРЫНДАРЫНДА ОҚЫТЫЛАТЫН ФИҚҺ ЕҢБЕКТЕРІ

Мақалада Деобанд білім ордасында оқытылатын фиқһ саласындағы кітаптарға талдау жасалады. Дәр әл-улумға тиесілі оқу орындарында фиқһ ғылымы сегіз жыл оқытылады. Фиқһ саласы бойынша оқулық ретінде таңдалған кітаптардың барлығы ханафи мәзһабында мойындалған, мәзһабты үйретуде басшылыққа алынатын еңбектер. Бұл еңбектер тек қана Деобанд оқу орындарында ғана емес, ханафи мәзһабын үйрететін Түркия, Орталық Азия елдері секілді басқа да елдердегі діни білім ошақтарында негізгі әдебиеттер саналады. Деобанд білім беру жүйесінде фиқһ ғылымын сатылай, деңгейлеп үйрету мақсатында ханафи мәзһабындағы кітаптардың көлеміне, қамтыған мәліметтеріне қарай таңдалған да. Алғашқы жылы «Нур әл-идах», екінші жылы «Мәсәил әл-Қудури», үшінші жылы «Шарх әл-уиқая», төртінші жылы «Кәнз әд-дақаиқ», ал бесінші, алтыншы және жетінші жылдары Орта Азияда өте танымал, ханафи мәзһабында ерекше орны бар имам әл-Марғинанидің «әл-Һидая» кітабы толықтай оқытылады. Ал «тахассус» деп аталатын сегізінші жылы имам Ибн Абидиннің «Хашиясынан» жекелеген мәселелер таңдалып, сол тақырыптар төңірегінде зерттеулер жүргізіледі. Осы мақалада жоғарыда аталған фиқһ кітаптары туралы кең көлемді мәліметтер берілерді. Ол кітаптардың авторлары және авторларының ұстаздарының тізбегі беріліп, Қазақ елімен олардың байланыстары анықталады. Қазақстанның кітапхана және қолжазба қорларында олардың қаншалықты сақталғандығы туралы да мәліметтер қамтылады. Қорытындыда Деобанд оқу орындарында ханафи мәзһабын үйретуде басшылыққа алынатын еңбектердің ханафи мәзһабын үйрететін өзге елдердегі еңбектерден айырмашылығы жоқ екендігі айтылады.

The Application of the Rules of Usūl in Furū' in the Hanafī Madhhab: Analysis of Babertī's Opinion on the Upper Limit of Ta'zīr by Beating

Ekmal al-Dīn al-Babertī (d. 786/1384) from Bayburt, one of the provinces around Artvin, is one of the muhaqqīq scholars who left his mark on his era with his works. In fiqh, through his teacher al-Qāqī (d. 749/1348), he was part of a lineage extending to Abū Yūsuf (d. 182/798), one of the founders of the Hanafī madhhab. Babertī spent a significant part of his life in Egypt during the Mamluk period and trained many students, including scholars such as Mullā Fanārī (d. 834/1431) and Sayyid Sharīf al-Jurjānī (d. 816/1413), who were considered authorities in their time. He was a versatile scholar who composed valuable works in various scientific disciplines such as fiqh, hadith, kalām, and rhetoric. One of his works in the field of fiqh is al-'Ināya, a commentary on al-Hidāya by Burhān al-Dīn al-Mergīnānī (d. 593/1197). In the aforementioned work, he draws attention with his detailed treatment of the issues. One of these topics is ta'zīr. Ta'zīr, which is the general name of the punishments other than the punishments of qisas and hadd and left to the discretion of the ruler, is applied in Islamic law in various forms such as beating, exile, and rebuke. In this presentation, which is limited in scope, al-Babertī's opinion on the upper limit of the punishment of beating and ta'zīr is analyzed based on the method of Tahrīj al-furū' 'ala al-usūl, that is, within the framework of the usul-furūl relationship. He adopted the preferred view of the Hanafī madhhab on this issue and argued that the offender could be hit with a maximum of 39 strokes of the cane in ta'zīr by beating. His evidence in this regard is the hadith "Whoever exceeds the limit in punishments other than the hadd punishment is considered one of the extremists/ مَنْ بَلَغَ حَدًّا فِي غَيْرِ حَدّ فَهُوَ مِنَ المُعْتَدِين". There has been a debate among the scholars as to which of the two punishments, free and slave, is meant by the hadith in hadd punishment. If the hadd punishment of a free person is taken as a basis, the offender can be beaten with a maximum of 79 strokes of the cane. This is because, according to the Hanafi madhhab, the maximum number of strokes that can be inflicted on a free person is 80 strokes. If 79 strokes are given to the offender, the ta'zīr punishment does not reach the full amount of hadd. In the case of a slave, the maximum number of strokes is 39 strokes. This is because, according to the Hanafi school of thought, the maximum number of strokes that can be inflicted on a slave in a full hadd punishment is 40 strokes. Baberṭī argued that the term "hadd" in the hadīth is indefinite and expresses ummūm, and therefore includes both the free person and the slave, and argued that the upper limit of beating and ta'zīr would be determined according to the hadd of a slave. Accordingly, in al-Baberṭī's fiqh thought, the head of state can strike the offender with a maximum of 39 strokes of the cane as a punishment of ta'zīr. Although there are various studies on the subject of ta'zīr in the literature, we have not been able to identify a study that deals with the issues in the relationship between usul and furu. Therefore, we aimed to conduct a research that would fill this gap to some extent and set an example for today's researchers. This approach is compatible with the view of the Hanafi school on the subject.

Hukm Washiyyah al-Muslim wa Shihhatuha li Ghair al-Muslim: Dirasah Muqaranah Bayna al-Fiqh al-Islami wa Qanun al-Washiyyah fi Majmu’ al-Ahkam al-Islamiyyah al-Indunisiyyah

The debate of Jurisprudence scholars on law and validity of the will of a Muslim to a non-Muslim in the area of harbi, musta’min, and apostate. Whether a will is valid or not depends on the fulfillment of its pillars and conditions. Although the scholars of fiqh do not stipulate the condition of "Muslim" on the testator and the person receiving the will, some of them still prohibit and invalidate the will of a Muslim to non-Muslims in the categories of harbi, musta'min, and apostate. The provisions of the Compilation of Islamic Law (KHI) also do not stipulate the requirement of "Muslim" for the testator and the person receiving the will. Islamic jurisprudence determines that the will of a Muslim to a non-Muslim is permissible and valid in some aspects and not permissible and invalid in some aspects. It is permissible and valid for a Muslim to make a will to a non-Muslim under the category of Dzimmi. It is permissible and valid for a Muslim to make a will to a harbi non-Muslim according to the Shafi'i and Hambali madhhabs; it is not permissible and invalid according to the Maliki and Hanafi madhhabs. It is permissible and valid for a Muslim to make a will to a non-Muslim in the category of musta'min according to the Maliki, Shafi'i and Hambali madhhabs, and according to the most correct opinion in the Hanafi madhhab. The will of a Muslim to a non-Muslim in the category of apostate is permitted and valid according to the Shafi'i and Hambali madhhabs, while the Hanafi madhhab prohibits it and considers it invalid. Meanwhile, the provision of wills in KHI allows and considers valid the will of Muslims to non-Muslims absolutely, because KHI does not limit it with certain limitations such as non-Muslim categories dzimmi, harbi, musta'min, and apostate, as stipulated in Islamic fiqh. Therefore, from the perspective of Islamic fiqh and the provisions contained in the Compilation of Islamic Law, Muslim wills to non-Muslims are both permissible and considered valid. This is because both do not require "Muslim" for the testator and the person receiving the will. However, Islamic fiqh does not allow it absolutely, while KHI allows it absolutely.

ABU HANIFA’S PLACE IN THE SCIENCE OF HADITH: BASED ON THE WORK “MUSNAD”

This article deals with the role and place of the Abu Hanifa, founder of the Hanafi madhab in the Hadith science. First of all, we are talking about the life and work of a scientist. In particular, it describes the environment in which the scientist grew up, the religious and political situation of that time, the genealogical chain of his teachers. It also cites and analyzes the claims of scholars about the role of Imam Abu Hanifa in the science of hadith. At the same time, the object of the research is based on the work of a scientist in the science of hadiths "Musnad", which tells about the history of writing this work, the scientific work done within its framework, interpretations, editions and compaction. This is because Musnad Abu Hanifa, in turn, is considered the main source of the Hanafi madhhab in the area of ​​hadith. However, despite the value and importance of this work of the scientist, to date it has not been sufficiently studied. Therefore, the study emphasizes the importance of this work of the scientist and considers the issue of its translation into the Kazakh language. As the main goal of this scientific article, the place and role of Imam Abu Hanifa in the science of hadith in the process of research will be proved with a number of arguments, both theoretical and practical.

The Issue of the Dependence of the Accruing of the Religious Provision on the Judicial Decision: The Example of the Hanafi Madhhab

Bu çalışmanın amacı Hanefî fürû kaynaklarındaki ilgili meseleleri incelemek suretiyle, tüme varım metodunu kullanarak hükmün sübûtunun yargı kararına bağlı olup olmama sebeplerini tespit ve ferʿî meseleleri bu sebeplerle irtibatlandırarak izah etmektir. Şerʿî hükmün sübûtunun hangi hâllerde yargı kararına bağlı olduğunu bilmek, teorik açıdan önemli olması bir yana, somut bir meselede yargı kararıyla şerʿî hükmün farklılık arz etmesi durumunda, hukukî tasarruf hakkındaki şerʿî hükmün geçerliliği konusunda sağlıklı değerlendirme yapabilmenin de ön koşuludur. Şerʿî hükmün sübûtunun yargı kararına bağlılığında beş temel etkenin belirleyici olduğu tespit edilmiştir. Bunlar hukukî olayın dava konusu edilmeye elverişli olup olmaması; hükmün sebebinin kesin/açık/kuvvetli olup olmaması, olayın hükmünde fakihlerin ihtilaf veya ittifak etmeleri; kişinin hukukî tasarrufa yetkili olup olmaması ve hukukî işlemin, bağlayıcı bir sözleşmeyi fesih mahiyetinde olmasıdır. Somut bir meselede şerʿî hükmün sübûtunun yargı kararına bağlılığı hususunda, birden fazla sebebin aynı anda etkili olması mümkündür. Öte yandan bu etkenlerin somut bir olayda birbiriyle çelişmeleri de söz konusu olabilmektedir.

The Position of the Guardian in Marriage Perspective of the Hanafi and the al-Shafi'i Madhhab

This article aims to determine and understand the position of the guardian in marriage according to the Hanafi and the al-Shafi’i madhhab, and its application to Islamic law (fiqh), as well as its actualization in social life. Furthermore, to obtain data and answers to these problems, descriptive qualitative (non-statistical) research was used, which focused on the normative approach method. The results found a difference between the Hanafi and the al-Shafi’i madhhab in viewing the position of a guardian in a marriage. The Hanafi madhhab views that a guardian in marriage is not a pillar but only a sunnah, hence, the absence of the guardian does not affect the ijab-qabūl. This is in contrast with the al-Shafi’i madhhab perspective, which places the guardian as one of the pillars, and the absence makes the consent of the qabūl invalid. There is also a sense of security that arises as a result of the guardian's permission. Therefore, because marriage is a life decision, women's choices need to be based on the instruction and knowledge of the guardian.

The relations between adherents of different Islamic Madhabs in the Golden Horde

The authors in the article try to determine the relationship of Islamic madhhabs in the period of the Golden Horde. Although there are many studies on the general religious situation and the process of Islamization in the Golden Horde, relationship between madhhabs should be researched carefully. Therefore, the article in detail describes the state of Islam in the Golden Horde, representatives of which madhhabs lived, which madhhab the majority of the population adhered to, and the level of religious education. Relations between religious figures and the rulers of the Golden Horde are discussed. In the course of the study, the authors find out that the Hanafi madhhab was widespread among the Muslims of the Golden Horde, they were able to create their own religious centers and received political support from the khans. The efforts of Sunni doctrinal schools such as Maturidiyah and Ashariyah to unite on the basis of common values ​​in this era are discussed. The policy of the authorities of the Golden Horde to prevent discord and strengthen ties between Muslim madhhabs is also analyzed. The study is based on medieval historical works, travel books, biographical books describing the life and work of scientists, works written on various theological topics, as well as new scientific research related to Islamic madhhabs on the territory of the Golden Horde. Key words: Islam, Golden Horde, Madhab, Maturidis, relations between Madhabs.

The Tradition and Use of Symbols in the Hanafi Madhhab (Sect)

Hanefi mezhebi kaynaklarının bize ulaşmasında İmam Muhammed ve Ebû Yusuf öne çıkmaktadır. İmam Muhammed ve sonraki alimlerin eserleri uzun ve tafsilatlı idi. Sonra bu eserleri ihtisar etmek için yeni metinler ve fetva kitapları yazıldı. Metinlerin ve fetva kitaplarında fakih isimleri veya eser isimlerini kısaltmak için rumuzlar kullanılmıştır. Rumuzlarla ilişkili olarak karşımıza kısaltmalar ve naht kelimeleri de çıkmaktadır. Rumuzları klasik eserlerde görmek mümkündür. Kısaltmalar ise günümüzde sıklıkla görülmektedir. Rumuz geleneği sadece Hanefîlerde değil diğer mezhep literatüründe de devam ettirilmiştir. Biz bu araştırmayı sadece Hanefî mezhebindeki fıkıh kitaplarıyla sınırlandırdık. Tespitimize göre Hanefî mezhebinde rumuzları ilk kullanan fakih el-Hidâye adlı eseriyle tanınan Burhânüddîn Alî b. Ebî Bekr b. Abdilcelîl el-Fergânî el-Mergînânî’dir. Rumuz kullanan son Hanefî fakihi ise Muhammed Emîn b. Ömer b. Abdilazîz el-Hüseynî ed-Dımaşkî’dir. Rumuz kullanan fakihler, rumuzları kullanma sebeplerini hangi anlamlarda kullandıklarını eserlerinin başlarında anlatmaktadırlar. Eserlerde rumuz kullanılmasının çeşitli sebepleri vardır. Bazıları mezhep imamlarını, bazıları kitap isimleri ve bazıları da fakih isimlerini rumuz kullanarak eserlerini kaleme almışlardır. Mergînânî, Kitabu’t-Tecnîs ve’l-mezîd eserinde fetva kitap isimlerini, İbnü’s-Sââtî, Mecmau’l-bahreyn ve mülteka’n-neyyireyn isimli eserinde imamların isimlerini ve İbn Âbidîn’in Reddü’l-muhtâr ale’d-Dürri’l-muhtâr isimli eserinde kitap isimleri için rumuz kullanmıştır. Rumuz kullanmanın en önemli sebebi kısaltma, istinsah yoluyla eser ve müellif hakkındaki bilgileri söz konusu eserin okuyucularına aktarılmasıdır. Bu işlem onlara istinsah konusunda ve kullanılan kâğıttan tasarruf konusunda kolaylık sağlamaktadır. Tespit edebildiğimiz kadarı ile rumuz kullanan bazı fakihler kullandıkları rumuz sayısında aşırıya gitmişler, bazıları ise sayısı onu geçmeyecek kadar az rumuz kullanmışlardır. Bu, bir çeşit metin içi atıf gibi kullanılmaktadır. Günümüzde de akademik çevreler tarafından kısaltmalar kullanılmaktadır.

Moscow Jadid: Theological and Legal Views of Imam ‘Abdulwadud Fattahetdinov (1882–1954)

The article for the first time describes the theological and legal views of a famous Moscow imam ‘Abdulwadud Fattaheddinov’ (1882–1954), identifi ed on the basis of analysis of one of his publications in “Shura” Journal. Presenting a detailed critique of two Qadimist fatwas, it quite vividly characterizes its author as a consistent progressive man who denies blind imitation of tradition in matters of religion, who calls for modern rational proofs of Islamic truths and explanations of the Quran, the author comes as a supporter of a principle of “Sharia goals” and a defender of women’s rights. At the same time, the theologian bases his fatwa-making not only on his own interpretation of the sacred primary sources, but also appeals to classical works of a traditional for Tatars Hanafi madhhab. The research for the first time among Russian Muslims coveys the need for the translation of Quran and other Islamic literature into Russian. The paper also reports the unknown fact of the fi rst neophyte Muslims appearance in Russia just after granting freedom of conscience by the Provisional Government in July 1917.

Tinjauan Hukum Islam Terhadap Perkawinan Melalui Video Call

Abstract
 
 There is a difference of opinion among scholars regarding the law of marriage through video calls, namely according to the Hanafi madhhab it is valid while according to Syafi'iyah it is not valid. In the Hanafiyah school, one majlis is defined as the person who makes the contract can communicate directly and can carry out the contract at the same time. So any media can be used as long as it can connect the two parties without any manipulation. Meanwhile, according to Syafiiyyah, it is stated that one majlis is gathering in one place and time, marriage can be valid if all parties involved in the procession of the marriage contract must physically gather in one majlis. However, in fiqh law there is a solution for holding marriages remotely, namely through representatives or wakalah contracts either through letters, messengers, telephones, internet networks, video calls or the like.
 Keyword : Hukum Islam, Perkawinan, Video Call

THE CONCEPT OF IJARA IN ISLAM AND ITS ROLE IN THE REGULATION OF SOCIAL RELATIONS

This article examines the issues related to the lease agreement in Islamic social and legal relations. A substantial aspect of studying this topic is the possibility of solving urgent problems associated with social and legal relations concerning rental issues. In the scientific article, the lexical meaning of the word “Ijara” (rent or lease) is considered from the standpoint of semantics. A definition is given from the encyclopedic and linguistic dictionaries and other sources. Based on scientific analysis, the article examines and compares the meanings of the term according to Islamic law based on the opinion of the mujtahids of the Hanafi madhhab and jurists representing other madhhabs of ahl as­sunna wa­l­jama’a. It also provides evidence of the admissibility of a lease under Sharia law. The decisions and arguments of scholars who claim that a lease is unacceptable under Sharia were studied in detail. Purpose. Analysis of information on a lease agreement in Islamic legal sources and scientific substantiation of its legal basis. Methods. We used such methods as an integrated approach, systemic, historical, comparative­criti cal, source study, and general research methods. Results. The research and comparative analysis of explanatory, lexical, encyclopedic dictionaries and legal sources on the lexical meaning of the term “rent” are carried out. We have established that the dictionary meaning of the term “Ijara” (rent or lease) means “wages for a certain action.” We conducted a comparative study of the scientific and terminological meaning of rent based on fiqh sources belonging to the Hanafi school and other madhhabs of ahl as­sunna wa­l­jama’a. Therefore, its scientific and terminological meaning is to give or receive something for temporary use for a certain amount of money and hire a person to do some work for a certain amount of money. The article pays special attention to highlighting the issue of istihsan, even though the lease agreement is fixed in the Sharia, the verses of the Koran, hadith, and the consensus of the ummah (union of scholars). Hanafi jurists widely used the istihsan method in solving problems related to social relations.

MUZARA`AH: TEORI DALAM HUKUM ISLAM DAN APLIKASINYA DALAM KERJASAMA DI BIDANG PERTANIAN

Abstrak: Agriculture is the primary sector in the Indonesian economy. Massive infrastructure development has an effect on the reduction of agricultural land. A lot of land is not used by the owner because of his inability in agriculture. On the other hand, many farmers who control agriculture but do not own agricultural land. This is the background of cooperation between land owners and farmers with an agreement to share the harvest. This cooperative practice is found in many regions in Indonesia. In Islamic law this practice is identical to the muzara`ah contract. This article discusses the theory of the muzara`ah contract in the study of Islamic law and its application in cooperation in the agricultural sector. Scholars have different opinions regarding the validity of the muzara`ah contract. Hanbali, Maliki, and Hanafi madhhab scholars state that this contract is valid in Islamic law. The application of the muzara`ah contract is ideally based on togetherness and openness between the two parties.Kata Kunci : muzara`ah, cooperation, agricultural, Islamic Law

This work is licensed under a Creative Commons Performing Friday and Holiday Prayers in the Volga-Ural Region: a view of Abu-al-Nasr al-Qursawi (1776-1812)

The article presents analysis of Islamic legal opinion letter (fatwa) by the outstanding Tatar Muslim scholar Abu-al-Nasr ‘Abd-al-Nasir al-Qursawi (1776-1812) on the legitimacy of holding Friday and Holiday Muslim Prayers (in the Volga-Ural Region) outlined in his treatise “al-Irshad li-al-‘ibad” (“Setting people on the path of truth”). The legitimacy of holding Friday Muslim Ceremony was disputed by some of local religious leaders in connection with the absence in that area of two conditions established by the early Muslim jurists fuqaha’) of Hanafi legal school (traditional madhhab for the Tatars). In his treatise, Abu-al-Nasr al-Qursawi arguably proved the legitimacy and necessity of fulfilling this important devotional duty of Islam, which is important not only for cultic but also for social significance. This Tatar Muslim scholar could do it without going beyond the framework of Hanafi madhhab, thereby showing that this school is not limited to only one point of view and has broad law enforcement and methodological capabilities, that take into account regional and temporal characteristics.

The Development of Muslim Community (Ummah) of Republic of Tatarstan in Late 2018–2019

The article is devoted to the development of the Muslim community of the Republic of Tatarstan (RT) at the end of 2018 and 2019. Here the author continues a series of publications exploring the Muslim community of Tatarstan in 2000s and 2010s. The leadership of the Muslim Spiritual Administration of the Republic of Tatarstan (DUM RT) is based on its own version of “traditional Islam”, where Sufism and the Maturidite ‘aqidah of the Hanafi madhhab occupy the principal place. In the Republic of Tatarstan, as well as all in other republics within the Russian Federation, the role of Islam in spiritual, educational and cultural spheres is growing due to the abolition of compulsory studying of titular languages in secondary schools. The spiritual administration of Muslims of the Republic of Tatarstan (DUM RT) continues to maintain a monopoly among Muslim organizations in the Republic of Tatarstan. Nevertheless, the activity of representatives of radical organizations banned in the Russian Federation is still to observe in the Republic. Law enforcement agencies are actively fi ghting with them; it leads to the elimination of their cells in the Republic of Tatarstan, arrests and sentencing with real terms.