Madhhab Research Articles

PERAN AKAL DALAM TAFSIR AL-KASYAF

The purpose of this study is to describe the responses of various experts regarding the interpretation of Al-Kasyaf by al-Zamakhsyar. Al-Zamakhsyari includes metaphors and imagination in his takwil, such as the vocabulary of Kursy and Arsy are referred to as metaphors and imagination. Al-Zamakhsyari in his commentary has carried out many ta'wil in various forms, such as verses 22-23 of sura al-Qiyamah with the pronunciation of nâzhirah which is interpreted as waiting, because in the view of Mutazilah God's substance cannot be reached with the eye. Various commentary books have been written using various methods, styles and sources of inspiration in the interpretation of the Koran. The tendency of mufassir is strongly influenced by the scientific, social, religious, and even political background that surrounds him. Tafsir is written based on the understanding or tendency in the mufassir's school of thought, so the mufassir describes his understandings in the schools he adheres to such as schools of fiqh, creed, even the spiritual aspects of the mufassir himself. The interpretation written based on madzhab is Al-Kasyaf's interpretation by al-Zamakhsyari. Tafsir written in the style of Mu'tazilah, a rational creed that puts reason as the basis for understanding in interacting with the texts of the Koran. The problem in this study is how the experts respond to the interpretation of Al-Kasyaf by al-Zamakhsyari. The results of this study are in the terminology of 'Ulumul Quran known as aqli interpretation or bi ra'yi interpretation which is essentially an interpretation that discusses the text of the verses of the Koran by exploring its meaning. Many scholars, especially those from the mainstream, criticize this kind of interpretation because of the excessive use of ta'wil because it follows the understanding of a school of thought. Interpretation by bringing Allah's words to the corrupt will of a madhhab is a madzmum form of interpretation. However, al-Kasyaf is still getting enough attention because al-Kasyaf is able to reveal the beauty of the language of the Koran from the way it expresses sentence structure, the beauty of language, and the choice of words.

DINAMIKA HUKUM ISLAM ‎

Islamic law has two characteristics, namely al-tsabat (fixed) and al-tathawwur (developing). The first characteristic, namely Islamic Law as a revelation of Allah which remains and does not change throughout time, while the second characteristic, namely Islamic Law which develops, is not rigid in various social situations and conditions. It is in the integration of these two characteristics that Islamic Law can last forever. The first characteristic is called sharia. While the second trait is called fiqh, namely the understanding of sharia. The division of the ulema into two major sects, Ahl al-Hadith and Ahl al-Ra'yi raises various kinds of legal issues and the results of ijtihad. This research focuses on discussing the history of the development of Ahl al-Hadith and Ahl al-Ra'yi, the influence of these two schools of thought on Islamic Law, and the style of thought of the two Imams of Schools (Maliki and Hanafi). This study uses a qualitative descriptive method and is a type of library research. This research finds two forms of thought in Islamic law from Ahl al-Ra'yi and Ahl al-hadith which have succeeded in making many contributions to the creation of legal foundations in the well-known schools of Islamic law which were built by each imam. his school. Most of the differences of opinion among the Imams of the Madhhab in establishing law are based on differences in viewing the foundations that exist in Islamic law. This research finds two forms of Islamic law thought from Ahl al-Ra'yi and Ahl al-hadith which have succeeded in making many contributions to the creation of legal foundations in the well-known schools of Islamic law which were built by each imam. his school. Most of the differences of opinion among the Imams of the Madzhab in establishing law are based on differences in viewing the foundations that exist in Islamic law. This research finds two forms of Islamic law thought from Ahl al-Ra'yi and Ahl al-hadith which have succeeded in making many contributions to the creation of legal foundations in the well-known schools of Islamic law which were built by each imam. his school. Most of the differences of opinion among the Imams of the Madzhab in establishing law are based on differences in viewing the foundations that exist in Islamic law.

Fatwa Issuance in the Islamic Law: The Specific of Implementation under the Conditions of the Chechen Republic (History and Modernity)

The scientific article is devoted to the analysis of fatwa-issuance procedure, characteristic of the Muslim legal system. The article also provides the concept of fatwa and the requirements for the status of a fatwa-issuer. The scientific analysis is based on the Holy Quran and the Sunnah of the Prophet Muhammad (peace and blessings be upon him), as well as the basic four religious and legal schools of Islamic fiqh (madhhabs). In addition, the fatwa-issuing activity in the conditions of historical Chechnya is considered on the example of qadi’s theological activity from Shalinsky district, Sheikh Sugaip-mullah. Areligious figure who issues a fatwa must comply with a number of conditions and requirements. In conclusion, the article notes that issuing fatwa (fatwa-issuance) is a very serious and responsible procedure and mission that must be carried out based on the fundamental sources of the Muslim law and the achievements of the religious and the legal schools (madhhabs). A person who issues a fatwa (fatwa issuer) must meet very high standards. Ignorance, and especially in religious matters, gives seeds producing sprouts of confusion and ignorance (fitnah).

The Popularizing of Sunni Doctrine in Southeast Asia: Sifat Dua Puluh in Malay Kitab Jawi in the 19th Century

Sifat Dua Puluh (twenty attributes of God) is a specific term of Malay to convey the doctrine of the Sunni school in Southeast Asia. Adapted from a renowned book of Yusuf al-Sanusi, Umm al-Barāhīn, this term began to appear in the 19th century as a leading Islamic theme in the kitab Jawi of Malay scholars in Mecca (Jawa). The scholars translated the book into Malay and expounded its contents in the form of commentaries (sharḥ), a rising style of writing kitab Jawi on the doctrine of the period. This article is to present a historical analysis of the way Sifat Dua Puluh became an established concept of Sunni theology in the Southeast Asian context, which served to convey the Sunni creeds in a popularly vernacular expression of the Muslims in the region. Sifat Dua Puluh was taken as the Islamic subject transmitted of the period, alongside the reprinting of kitab Jawi to disseminate the concept to Southeast Asia.

Fiqh and Sufistic Tafsir of the Quranic Verses on Interreligious Interaction in Indonesia

This research focuses on formulating how religious groups in Indonesia interact about differences in interpretation between the two schools of fiqh and Sufism. To examine the differences between the two schools of thought, a comparative method (muqâranat) is used, which analyzes how each school of thought interprets verses that discuss relationships between different religions. This research uses a thematic (maudlâ'î) and analytical (tahlîlî) approach in its investigation. Data sources were obtained from interpretations of the Qur'an and hadith related to school and community relations management. The variations used include those representing the Maliki school of thought: al-Jâmi' li Ahkâm al-Qur'ân by al-Qurthûbî and Ahkâm al-Qur'ân by Ibn al-'Arab. As for representing the interpretation of fiqh among the Hanafi school of thought, Ahkâm al-Qur'ân by al-Jashshâsh. Data analysis was done on two arrangements by contrasting the two interpretation patterns in interpreting verses about interactions between religious communities. The findings of this research show that in the interpretation of fiqh, the performance of poems related to forms of interaction between religious communities tends to be exclusive and discriminatory. The findings of this research support the opinion of Abdulaziz Sachedina and Abd. Muqsith Ghazali believes that fiqh scholars are responsible for implementing the law.

Discovering the Legacy of Mandailing Ulama: Education, Intellectuals, and Politics in North Sumatra in the Early 20th Century

This study examines the role of Mandailing ulama in education, intellectuals, and politics in the early 20th century. Ulama plays a critical role in safeguarding the morality of Muslim society (umma). Drawing upon the historical approach, it employed Kuntowijoyo model of writing history stages and Anthony Giddens' structuration theory to analyze the problems that this study intends to answer. This study argues that the social structure surrounding the Mandailing ulama enabled them to address religious and other sociocultural issues. This study also unveiled that the Mandaling ulama in the early 20th century mobilized the organizations, such as Al Washliyah (1930), Al-Ittihadiyah (1935), and Nahdlatul Ulama (1918) to promote the education of the indigenous people, fortify the Sunni school of thought from the heretical and influence of Dutch colonial government. It was manifested by supporting only two Islamic political parties: the Masjumi Party and the Nahdlatul Ulama Party. This suggests that Ulama were not only religious scholars who acquired knowledge of Islamic norms and disseminated them through religious and educational institutions, such as madrasa and pesantren, but also active agents in socio-political transformation within the Muslim community.

Bir İçtihat Yöntemi Olarak Tahkîkü’l-menât

The ijtihād, one of the most important concepts of the usûl al-fıqh, expresses the human effort in understanding, interpreting and applying the verses. The theoretical dimension of ijtihād is called ijtihād of istinbāt and its practical dimension of applying the results obtained is called ijtihād of taḥkīk al-manāṭ. The ijtihād of taḥkīk al-manāt is a method that enables the abstract or general propositions to meet with the actions that occur in the realm of existence as specific and concrete. With this method, the situation of each case is investigated and it is determined whether it falls within the scope of the general provision. Otherwise, the shar'i provisions are imprisoned in the minds in an abstract way, and the provisions pertaining to facts or individuals or an individuals or a society are equal to the general provision due to formal similarity. This means ignoring the essential and secondary necessity in the provisions. It is also contrary to the purpose of the provisions. On the other hand, among the ijtihād activities related to manāṭ, the ijthiād of taḥkīk al-manāṭ is derived from the ijtihād of tenḳīḥ al-manāṭ, which is “The method of separating the appropriate qualification that is mentioned in the naṣṣ and suitable for being an affliction from other qualifications related to the provision” or the ijtihād of taḫrīc al-manāṭ, which is "the method of determining the qualification that is suitable for the ruling in naṣṣ and ijma". This difference arises from the fact that the former is continuous. In this respect, taḥkīk al-manāṭ has been accepted as an essential method in ijtihād. So much so that all schools of fiqh, even those who oppose qiyas, have accepted this ijtihād activity that provides dynamism to fiqh. Taḥkīk al-manāṭ, which expresses the adaptation of the Shari'ah ruling to the facts, is also an intricate concept related to the concepts of fatwa and qada. The importance of taḥkīk al-manāṭ, which constitutes the touchstone of the fatwa and the cauldron and continues as long as the offer of the shariʻa continues, is felt more especially when creating judgments on current issues that take on a complex structure in all areas of life. Determining the existence or non-existence of manāṭ necessitates knowing the Shari'ah ruling and the event to be bound by the Shari'ah ruling. In today's world where everything changes rapidly, it is not easy to determine the nature of the event. In this respect, taḥkīk al-manâṭ jurisprudence makes interdisciplinary collaboration inevitable. The aforementioned ijtihād method; apart from being related to mujtahid, mufti and judge, it also has a special importance for all taxpayers. Therefore, it is worthwhile to conduct a study on what the ijtihād of taḥkīk al-manâṭ is, which functions to determine the appropriate judgment based on the taxpayer in one aspect and the event in the other. In this study, which deals with the ijtihād of taḥkīk al-manāṭ, after the conceptual framework is revealed, the types of manāṭ that help to determine the source of the differences in the issues, the criteria to be taken into account in the ijtihād of taḥkīk al-manāṭ and the points to be considered while making this ijtihād will be emphasized. Thus, it will be clarified what kind of method should be followed both when applying the texts to the case and when making a judgment about the issues that have no provision in the text.

MAZHAB FIQIH PADA ZAMAN SEKARANG

There are two fanatical attitudes that develop in Islamic society, namely fanatics within a school and anti-school fanatics. Attitudes and conditions like this have led to disputes and divisions within the body of the Muslims. In fact, not infrequently differences in furu' (branches) issues can trigger fights and bloodshed among fellow Muslims. It is at this point that the issue of schools of thought in Islamic law becomes important for further investigation. The history of the emergence of schools of fiqh occurred in five periods: The growth period (0-1 H century), namely during the time of the Prophet, during the companions and during the tabiin period. The formation period (2-3 H centuries) was the Imam Abu Hanifah School, the Imam Malik School, the Imam Syafii School, the Imam Ahmad School and other schools. The golden period (3-9 H century). Decline period (10th – 13th century H). And the period of revival (14th Century Present). It turns out that practicing madzhab for other than absolute mujtahid is obligatory according to ushul fiqh scholars. And inviting people to leave the schools of thought on the grounds of returning to the Al-Qur'an and al-Sunnah is a futile effort. Schools should be understood as a scientific discipline (manhaj) for us to understand the Qur'an and al-Sunnah. Therefore, the existence of a school of thought in the contemporary era is still needed to harmonize the factual truths of the Qur'an and as-Sunnah.

KEDUDUKAN WALI BAGI PEREMPUAN DALAM PERNIKAHAN

This paper discusses the position of guardian for women in marriage by making a comparison between positive law – in this case the Marriage Law – and the discourse on marriage guardians in fiqh as well as referring to the arguments and legal differences of opinion among the scholars of the schools of fiqh. In positive law in Indonesia - the Marriage Law - guardians or parents only play a role in being asked for approval when their children want to marry. Based specifically on this Marriage Law, the marriage contract does not have to be pronounced by the guardian. Thus, women can carry out their own marriage contract, with the approval of their guardian, because women are legal subjects who have perfect legal skills. Meanwhile, in fiqh, there are differences of opinion, namely that Hanafiyah scholars allow women to marry without the consent of their guardians, and women may marry themselves, because women who have reached puberty are considered to have perfect legal skills. Another opinion is that put forward by Jumhur Ulama that guardians can marry girls without their permission and guardians can marry widows with their permission. However, the marriage contract – for both girls and widows – still has to be pronounced by the guardian. The marriage contract pronounced by the woman herself is considered invalid.

Ijtihād in Putin’s Russia? Signature Fatwas from Moscow and Kazan

Abstract The present article analyzes the recent fatwa production by two of Russia’s major muftiates, the traditionalist Spiritual Administration of Muslims of the Republic of Tatarstan (DUMRT) in Kazan and the modernist Spiritual Administration of Muslims of the Russian Federation (DUMRF) in Moscow. The author investigates the methodologies that Russia’s muftis follow when elaborating fatwas, and the global links that surface from their source bases. DUMRT’s taqlīd, or imitation, of elements of the Ḥanafī school of Islamic law is contrasted with DUMRF’s program of ijtihād. DUMRF’s claims to ijtihād, wasaṭiyya and minority fiqh are tested by the analysis of controversial fatwas about marriage, conversion, and divorce in Russia. This paper introduces the term “signature fatwa” to denote fatwas that are meant to demonstrate the particular identity of a given muftiate, and that serve as a tool for its political positioning vis-à-vis the Kremlin, other fatwa-producers, and the Muslim communities. The present contribution addresses scholars of Islam in Eastern Europe as well as students of Islamic law in Muslim minority situations, including in the European Union.

ANALISIS TENTANG MODEL MADZHAB FIQH MUHAMMADIYAH (ANALISIS TENTANG HUKUM ISLAM DALAM PERSPEKTIF KAUM MODERNIS INDONESIA)

The main study in this research is about finding the form and model of the Muhammadiyah school of fiqh. There is a strong assumption that Muhammadiyah has an independent madhhab model of fiqh. However, the manhaj is not out of fiqh ahlu sunnah wal jama'ah. This research model is qualitative, and in its discussion, this research uses descriptive analysis methods, while obtaining data using the library method by looking for books, writings, and journals related to Muhammadiyah, especially about ijtihad. From the results of this study, it was found that the Muhammadiyah fiqh model in its tarjih product was an improved formulation and compilation of the fiqh model used by the previous fiqh schools. From the results of the ijtihad tarjih product, Muhammadiyah has an independent and binding model of fiqh for members of the Muhammadiyah association. Keywords : Tarjih; Modernist; Independent madhhab.

Temporary Waqf as a Study of Fiqh Muamalah (Juridical Thoughts and Possibility of Its Implementation)

Abstract: Based on data from the Indonesian Waqf Board (BWI), Indonesia has a waqf potential of IDR 180 trillion per year. However, waqf in Indonesia has not been fully managed effectively, in many cases there are abandoned waqf objects that are not maintained. To reduce the abandonment of waqf assets, the discourse of waqf fiqh has developed with the discussion of temporary waqf. The question that arises is what is the opinion of the fiqh scholars about temporary waqf, especially the scholars of the four madzhabs; Shafi'i, Hanbali, Hanafi and Maliki? Then how is the possibility of implementing the temporary waqf? This research is a combination of normative and empirical, using a qualitative approach, by researching the law on temporary waqf, supported by empirical data. Primary data is obtained from field research, in the form of interviews with the Head of the Waqf and Land Institute of the Nahdlatul Ulama Regional Board of Yogyakarta Special Region. Secondary data is obtained from fiqh books, articles and regulations in Indonesia regarding temporary waqf. Shafi'iyah and Hanabilah scholars such as As-Shirāzi and Ibn Qudamah rejected the practice of temporary waqf. On the other hand, the Hanafiyah and Malikiyah allow temporary waqf. Nahdlatul Ulama officially recognises four schools of fiqh: Hanafi, Maliki, Shafi'i, and Hanbali, so there is a possibility that temporary waqf can be implemented by Nahdlatul Ulama because Hanafiyah and Malikiyah permit temporary waqf.

Breaking the Silence: An Islamic Legal Approach to Facilitating Reporting and Testimony by Muslim Victims and Witnesses of Sexual Crimes

Many Muslims hold the doctrine of the legal schools (madhāhib) in high esteem. As such, the schools’ approaches to rape and sexual assault may impact the behaviour of Muslim victims and witnesses. Through an examination of the legal rules that regulate rape and sexual assault in fiqh and fatwā works associated with the four Sunni schools and Ibn Ḥazm, I aim to determine whether the relevant rules may interfere with the willingness of Muslim victims and witnesses to report or testify to sexual crimes. I argue that although the jurists’ prosecution of sexual assault as a discretionary offence (taʿzīr) is compatible with reporting and testimony, their prosecution of rape as coerced illicit intercourse (zinā), usurpation (ghaṣb), or banditry (ḥirāba) silences victims and witnesses. Further, rules related to financial compensation do not encourage victims to come forward. Reclassifying rape as a discretionary offence would better promote reporting and testimony by victims and witnesses. The central role of ijtihād in creating the historical rules on rape, the jurists’ intent behind those rules, and modern knowledge regarding the reality of rape support this reclassification. Fully resolving issues related to civil compensation is difficult without broader reforms of Islamic tort law.

The Kurd Efendi and the Translatıon of the Book of al-Viḳāye

Bin iki yüz yıllık fıkıh geleneğimizde mezhep diye adlandırılan çeşitli fı-kıh ekolleri ortaya çıkmıştır. Bu ekollerin öğretileri ve temel görüşleri sonraki nesillere klasik dönemde muhtasar, sonrasında ise mütûn denen kısa ve öz eserlerle aktarılmıştır. Hanefi ekolünün de füru fıkhını ele alan en önemli metinlerin başında Vikâye adlı eser gelmektedir. Bu çalışma üzerine önemine binaen onlarca şerh, ihtisar, talika ve tercümeler gibi pek çok çalışma yapılmıştır. Farklı dillere tercümesi yanında yazma, Osmanlı döneminde Devletoğlu, Şemsi Ahmet Paşa ve Kurd Efendi gibi birkaç farklı kişi tarafından Türkçeye aktarılmıştır. Bu tercümelerden Arapça metnin tamamını nesir olarak Türkçeye aktaran Kurt Efendinin tercümesi olup, diğer tercümelere nazaran aslına uygun bir tercümedir. Tercüme nüshalarının çoğu Türkiye’de olmakla beraber, bazıları Mısır, Bosna ve Almanya gibi farklı ülkelerde bulunmaktadır. Bu nüshalardan bir kısmı tam iken, bazıları ise nâkıstır. Kimi nüshalar başka eserler ile mecmua olarak iç içe olup bunlardan bazıları isimsizdir. Nüshaların nispetinde herhangi bir ihtilaf olmamakla beraber bir nüshada Taşköprüzade gibi farklı kişilere atfedilse de bunlar gerçeği yansıtmamaktadır. Zira atfedilen ve isim kaydı bulunmayan nüshalar, karşılaştırma ve inceleme sonucunda Kurd Efendiye ait olduğu açıkça ortaya çıkmaktadır. Tercüme sahibi Kurd Efendi sûfi bir kişiliğe sahip olup halveti şeyhidir. İlmi yetkinliği yazdığı ve tercüme ettiği eserlerden anlaşılmaktadır. Zira sağlam bir sülûk için ilmin şart olduğu gerçeğini müşahhas olarak ortaya koyduğu görülmektedir. Bu da eseri incelemeye değer kılan hususlardan biridir. Öte yandan bu yazmayı diğe-rinden farklı kılan, mütercimin gerekli gördüğü mülahazaları eklemesi, yer yer ıstılahları açıklaması, mesele hakkında farklı görüşleri, Türk âdetindeki farklılıkları, metindeki kapalılıkları ve gerekli yerlerde açıklamalar yapması-dır. Bundan dolayı kimi nüshalarda belirtildiği gibi tercümeden daha çok bir şerh olduğu ortaya çıkmaktadır. Bu bağlamda asıl metnin fıkıh literatüründeki önemi, eserin orijinal tercümesinin genişletilmiş eklemelerle Türkçeye çevirisi yazmayı önemli kılmakta olup buna binaen nüshayı tanıtmak, ilerice basılmasına vesile olmak ve Türkçe fıkıh literatürüne katkı sağlamak amacıyla bu makaleyi kaleme aldık.

A Monument to Medieval Syrian Book Culture: The Library of Ibn ‘Abd al-Hadi

A Monument to Medieval Syrian Book Culture: The Library of Ibn ‘Abd al-Hadi

Tefsir Geleneğinde Nesh Algısı Üzerine Eleştirel Bir İnceleme: Müellefe-i Kulûb Örneği

In this study, the problems of the perception of abrogation of the traditional understanding of tafsīr were examined through the example of muallafa al-qulūb. Abrogation, one of the most controversial subjects of the history of Islamic thought and especially of the tafsīr tradition, has gained a separate field of existence within the sciences of the Qurʾān. The ground of existence Until the time of the Prophet, hunting and abrogation emerged to take its first steps and became a method of responding to the Jews and polytheists who accused the changes in the axis of prophecy as contradictions. The impact of this process, which is known to have started with the Qibla debates with the Jews, was felt intensely, especially on the laws of war and verses related to the public sphere. Probably the most fundamental reason for this continuity was the fact that the Prophet lived, and the revelation was still going on. However, after the death of the Prophet, the divine word became Qurʾān, and during the formation of the tafsīr tradition, discussions about the issue of abrogation occurred. Although it is known that there were some thinkers who argued that it was not possible to cancel the judgment in the internal integrity of the revelation in this period, the proselytization to the majority of the republican ulama was accepted as a phenomenon that took place in the internal integrity of the revelation itself. During this period, there was only a debate among the ulema about the numerical nature of the abrogation. As a matter of fact, while some thinkers argue that the number of verses revealed is in the hundreds, some thinkers have brought this number to very small numbers. In fact, these debates have prepared the ground for the perception of abrogation in the modern period and have become the basis of the rejection of abrogation, which has become one of the most characteristic features of modern tafsīr movements. As a result, many intellectuals and commentators in the modern period have argued that abrogation can never occur in the inner integrity of the Qurʾān. The issue of muallafa al-qulūb, which we have discussed in our study, is only one of the numerous problems that arise through the perception of abrogation in the tafsīr tradition. As it is known, while this group, which is clearly stated in the 60th verse of the Sūrat al-Tawba of the Qurʾān, was given a share of zakāhuninterruptedly as part of the Nabawi invitation method during the time of the Prophet, the main purpose was to warm their hearts to Islam and enable them to reach guidance. However, after the death of the Prophet, during the caliphate of Abu Bakr (d. 13/634), Omar (d. 23/644) claimed that there was no need for the ration of this group, and their share of zakāh was reduced. In this context, a significant part of the commentators concluded that the judgment was abolished by the execution of the ummah. From the classical period to the present day, many schools of fiqh, especially the Hanafis, have ruled according to this decision and have stated that the taxpayer's right to share from zakāh has disappeared. Although some commentators appealed this decision, it had no effect. In our opinion, this view, which argues that it is not possible for judgment to disappear, has acted correctly. Because, even if the revelation is accepted as abrogation in its own inner integrity, it should have happened in the time of Prophet Muhammad, and there is no such evidence. In addition, the Companions do not have the authority to suspend or annul any provision, even for a short period of time, because of the case law. At the same time, the weakening conversion and increasing contact activities in the age we are in make it necessary to review the muallafa al-qulūb as a social institution. Therefore, the main purpose of this study is the Prophet Muhammad because of the order of the Qur'an. It is to reveal that the muallafa al-qulūb, which was meticulously fulfilled by the Prophet, is not abrogated and has a much broader nature rather than being a simple group only related to zakāh.

Nizamul Mulk dan Madrasah Nizamiyah Relasi Lembaga Pendidikan dan Penguasa (Madrasah dan Otodoksi Pendidikan)

Islamic educational institutions are always developing in line with the needs and changes of society. The development of society is marked by the progress of science and the need to preach Islam. In the 5th century Hijriyah, at the time the madrasa was founded, the scientific development of the community, especially Muslims, could be said to have reached a perfect stage, because almost all knowledge, both al-ulum an-naqliyah and al-ulum al-aqliyah, had been compiled and systematized. Reviewing Nizhamiyah using library research through various reference sources, journals, relevant books. In this study, it is explained that nizamiyah is an educational institution in the form of a madrasa, this madrasa was founded in the city of Baghdad, founded by a prime minister who has great attention to science and education in addition to political and religious factors that use the modern system. By using a socio-political approach, this study seeks to trace the birth of the Nizhamiyah madrasa with a multi-motivation background. With its teacher council based on the Shafi'i madhhab, the Nizamiyya madrasa is seen as the embodiment of the triumph of the theological-dogmatic movement that works hand in hand with the Sunni school of thought to balance the dominance of the Mu'tazilah-Hambali ideology and the dominance of the Shi'ites. So that the subjects of study are Asy'ariyah and fiqh-oriented. The realm of "intellectualism" is lost in the educational process of this madrasa. However, Nizhamiyah is still understood as the most important Islamic educational institution and a model in the study of the social history of Islamic education.

مسالك الكشف عن حكمة تشريع الأحكام عند الإمام القفال الشاشي

Imam Al-Qaffāl al-Shāshi was an eminent scholar of the Shafi’i school of fiqh who emphasised on the field of reasoning (ta’lil) and the identification of the wisdom in Islamic jurisprudence. His work “Maḥāsin al-Sharī’ah” contains myriad exposition on the wisdom of rulings, including those considered irrelevant and conjectural. This article discusses the method of exposition employed by Imam Al-Qaffāl in his book. This article is crucial, as accurate knowledge in the wisdom of legislation has a significant relationship with the acceptance of a ruling. It will enhance the certainty and assurance of a Muslim, leading to more openness in the acceptance and adherence to Islamic sharia. This article aims to expose in detail the methods used by Imam Al-Qaffāl in his work. The researcher used the method of descriptive research and analysis for the study. All data in “ Maḥāsin al-Sharī’ah “ related to reasoning (ta’lil) and wisdom of legislation were collected and analysed thematically. The study found that Imam Al-Qaffāl al-Shāshi built his thoughts in the process of the identification of wisdom based on six methods which include employing evidence from the Holy Quran, hadiths, Ijma’, Fatāwa of Sahābah, logical thinking, and the agreement of Islamic scholars before him.

Muhammed b. Hasan eş-Şeybânî’nin Ebû Hanife ve Ebû Yusuf ’tan Ayrıldığı İbadet Konularındaki Görüşleri ve Nedenleri

Bu çalışmada Hanefî mezhebinin en önemli üç imamından biri olan Muhammed b. Hasan eş-Şeybani’nin hayatı ve ilmi şahsiyeti ile diğer iki Hanefî imamı Ebû Hanife ile Ebû Yusuf’tan ibadet konularında ayrıldığı meseleler ele alınmıştır. İmam Muhammed İmam Ebû Hanife’den dört yıl boyunca fıkıh almış, vefatından sonra onun fıkhını Züfer ve Ebû Yusuf gibi öğrencilerinden almaya devam etmiştir. Bu ilmi birikiminin sonunda Ebû Hanife’nin görüşlerini içeren kitaplar kaleme almış, bu kitaplarında Ebû Yusuf ve kendisinin muhalif görüşlerine de yer vermiştir. Zahirurrivaye nitelemesiyle bilinen altı kitabı mezhebin temelini oluşturan en muteber eserlerdendir. Şeybânî Hanefî mezhebinin üçüncü kurucu imamı, aynı zamanda mezhebin en önemli müdevvinidir. Bu yüzden de mezhebin kuruluşunda ve günümüze kadar gelmesinde en kilit rolü bulunan şahsiyettir. Şeybânî fıkıhtaki otoritesinin yanında hadis ve Arapça ilimlerinde de önemli bir yere sahiptir. Diğer bir özelliği ise, diğer Hanefi imamlarından aldığı dersler ve onlarla yaptığı ilmi müzakereler yanında devrin hanefi mezhebi dışındaki en büyük müctehid ve muhaddislerinden bazılarıyla uzun süre birlikte olması ve onlarla ilmi müzakereler yapmış olmasıdır. Bunun karşılıklı etkileşime neden olmuş olması, yani hem onun bu alimlere etki etmiş, hem de onların kendisini etkilemiş olması kuvvetle muhtemeldir. Bu makalede Şeybânî’nin ibadet alanında diğer iki imamdan ayrıldığı şu on konu ele alınmıştır: Kan kusma durumunda abdesti ne kadarısının bozacağı. Erkek ve kadının birbirine çıplak halde sımsıkı sarılmasının abdesti bozup bozmadığı. Hayızlı kadınla cinsel temas yasağının sınırı. İkiz bebek doğumunda nifasın hangi bebeğin anne karnından çıkmasıyla birlikte başlayacağı. Eti yenen hayvanların bevlinin necaset ve temizlik bakımından hükmü. Eti yenmeyen kuşların dışkısının necaset ve temizlik bakımından hükmü. Necasetleri su dışındaki sıvı maddelerle gidermenin hükmü. Necaseti silerek ve ovalayarak gidermenin hükmü. Namaz kılacak kimsenin sadece necis kıyafetinin bulunması durumunda ne yapacağı. Oturarak namaz kılanın ayakta kılana namaz kıldırmasının hükmü. Bu meselelerdeki görüş farklılığının sebeplerinin genel olarak şunlar olduğu görülmüştür: Şer’î nasların farklı şekillerde yorumlanması, farklı hadisler arasında veya bir hadisin farklı rivayetleri arasında tercih farkı, konunun mahiyetine ilişkin görüş farklılıkları. Tarafların bazı meselelerde birbirlerinden farklı kıyasları tercih edip kullanmaları. Diğer mezheplerin bu ihtilaflarda nerede durduklarına bakıldığında ise genel olarak Şeybânî ile diğer iki imama aynı mesafede oldukları görülmektedir.Hanefi mezhebindeki en önemli dört Metin kitaptan biri olarak bilinen el-Muhtar isimli kitabın İbadetler bahsinde yer alan İmam Muhammed’in iki imamdan ayrıldığı on altı meseleye bakıldığında aralarındaki ihtilafların sanıldığından çok daha az olduğu görülür. Çünkü kitapta yer alan ve üzerinde ittifak edilen binlerce konunun yanında bu sayı çok azdır.

An Andalusian Maliki Scholar, Ibn al-Fars and His Work, Ahkam al-Qur’an

Bu çalışmanın amacı, Endülüs’te bir ilim kenti olan Gırnata’da yetişmiş Hicrî 6. yüzyıl âlimi İbnü’l-Feres’i ve onun kaleme aldığı Ahkâmü’l-Kur’ân adlı eserini tanıtmak ve tahlil etmektir. Makale müellifin fıkhî tefsir anlayışıyla yazdığı eserin ahkâm âyetlerini ele alış metoduna yoğunlaşmaktadır. Müellifin tefsir tarzı, onun günümüze ulaşmış tek kitabı olan Ahkâmü’l-Kur’ân adlı eseri başta olmak üzere, sınırlı da olsa eserle ilgili yapılan çalışmalar üzerinden tespit edilmiştir. Çalışmada müellifin hayatına, eserinin kaynaklarına, metodolojisi ve muhtevasına dair bilgilere yer verilmiştir. Mâlikî fıkıh ekolüne mensup olan müellifin ahkâm âyetlerini genelde İmâm Mâlik’in görüşleri çerçevesinde yorumladığı ancak mezhep taassubu gütmeden delillerinin güçlü olması durumunda diğer mezheplerin görüşlerini kabul ettiği görülmüştür. Ayrıca bazı meselelerde şahsî görüşlerini rivâyetlere tercih etmiştir. Bazı ‘ulûmü’l-Kur’ân konularının yer aldığı eserde hem rivâyet hem dirâyet tefsir anlayışlarının örneklerini bulmak mümkündür. TDV İslam Ansiklopedisi’nde İbnü’l-Feres’e ayrılmış bir madde bulunmamaktadır. Söz konusu Ansiklopedi’nin hazırlanan mütemmim eklerine İbnü’l-Feres’e yer verilmesinin ilmî araştırma yapanlar için faydalı olacağı kanaatine varılmıştır.