Temel İslam Bilimleri Bölümü

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Abu Ubayd’s Understanding Of Naskh;
(Hitit Univ, 2022) Yasar, Mehmet Aziz; Nas, Taha
In the period when Islamic sciences were formed, a large number ofscholars with absolute ijtihad capacity were trained. One of the scholars mentioned is Abu `Ubayd al- Qasim ibn Sallam al-Khurasani al-Harawi who was educated by many famous scholars of the period, had a great influence on both the scientific and political circles. For this reason, he could not be shared by different sect biographers. As a matter of fact, some Shafi'i tabaqat writers counted Ebu Ubeyd as a follower of Imam Shafii. On the other hand, some Hanbali scholars have mentioned Ebu Ubeyd among the class of Hanbali scholars. However, it was concluded that it would be more correct to see Ebu Ubeyd as an independent mujtahid rather than a follower of any madhhab. For, in his own works, the fact that he refers more to Imam Malik rather than Imam Shafii and Ahmad ibn Hanbal and sometimes refers to the views of Abu Hanifa and Imamey indicates this. Ebu Ubeyd, who came to the forefront with his faqih and muhaddis aspects, had a deep knowledge of the subject of naskh, which has a close relationship with these two sciences, and in this regard, he wrote a rare work called en-Nasih ve'l-mensu. fi'l-kur.ani'l-aziz ve ma fihi mine'l-fera'iz ve's-sunen. While revealing Ebu Ubeyd's understanding of naskh, his work en-Nasi. ve'l-mensu. was used as the main source. In addition to this, his other works related to the subject, especially his work called Kitabu'l- emval, were among the first hand sources that were consulted. It has been tried to determine his approach to naskh based on the statements he made on the subject and the examples he gave in this regard. In this context, Ebu Ubeyd's approach to the nature and framework of naskh and his views on the evidences that can abrogate each other are examined in this study. Ebu Ubeyd discussed the abrogation in a broader sense as "the modification of a shar'i ruling by a later evidence", not the established meaning in the methodology as "removal of a shar'i ruling with a later shar'i proof". In this context, naskh is also used for the allocation of public, the denial of the absolute, the statement of conciseness, the correction of a wrong understanding and the exception made from a general rule. This is known as the understanding of naskh among the companions, tabi`in and early convert scholars. However, although Ebu Ubeyd is at the same age as Imam Shafii and has copied and benefited from his works, it is noteworthy that he preferred the predecessor's approach to the subject rather than the naskh understanding he adopted. It is important to investigate this. He adopted the approach of the public regarding the Shari'a evidences of Ebu Ubeyd that could naskh each other. According to him, the verses of the Qur'an can naskh each other. He gave many examples of this. Another point that draws attention here is to ascribe the concept of naskh used for the verse of the Qur'an by Ebu Ubeyd, from the Lawh-i Mahfuz, in the form of a verse whose recitation is lasting and its meaning is naskhed, and a verse that is removed from people's hearts by canceling both its recitation and used in different meanings. Ebu Ubeyd stated that sunnah can be naskhed with sunnah, without making any distinction between ahad and mutawatir about sunnah and its naskh. However, despite giving many examples of the naskh of the ahad sunnah with its own like, no example has been encountered of the naskh of the ahad sunnah with its own like or with ahad and the ahad sunnah with the mutawatir sunnah. As it can be understood from my statements on the subject, Ebu Ubeyd saw that it is permissible to naskh both mutawatir and ahad sunnah with the Qur'an. However, while there is an example for the naskh of the ahad sunnah with the Qur'an in his related works, there is no example for the other. Although there is no clear statement on the issue that the Qur'an can be naskhed with the sunnah, it is understood from some examples that he gives permission for this.
Exploring the Function of Dhihn/Zihin (Cognitive Link) in Majāz in Islamic Legal Theory
(Darulfunun İlahiyat Dergisi, 2020) Yaşar, Hakime Reyyan; 05.01. Department of Basic Islamic Sciences / Temel İslam Bilimleri Bölümü; 05. Faculty of Islamic Sciences / İslami İlimleri Fakültesi; 01. Mardin Artuklu University / Mardin Artuklu Üniversitesi
Simon Udo and Michiel Leezenberg point to the cognitive traces in the works of ‘Abd al-Qāhir al-Jurjānī (d. 1078), named Asrār al-Balāgha and Dalā’il al-i‘jāz. However, neither Simon nor Leezenberg provide an insight whether these traces can be found in other classical sources, where majāz and isti‘āra are discussed. This paper argues that Simon’s and Leezenberg’s argument that the awareness of the cognitive elements in the classical Islamic approach to majāz and isti‘āra cannot be reduced in ‘Abd al-Qāhir al-Jurjānī’s works. Rather, that the Hanafī legal theorists were aware of the function of dhihn/mind in the mechanism of majāz. Due to presenting a remarkable theoretical examination of the tropes and metaphors, 13th and 14th century Hanafī uṣūl al-fiqh sources are chosen. To clarify my argument, I will mainly focus on the analysis of the terminology, which expounds the relationship between majāz and mind: Such as, ittiṣāl (ilink/connection), dhihn (mind,) maḥal (space/domain).
The Issue of the Halku’l-Qur’an in the Eyes of Zahiri Scholars
(Cumhuriyet Univ, Fac theology, 2023) Kaya, Husamettin
The Islamic thought has experienced many ruptures in history. One of them is the Mihna period. The main argument of the mihna period, which started during the reign of the Abbasid Khalifa Me'mun, was the issue of the khalq al-Qur'an. The leading figures of the period were dictated to accept the idea that the Qur'an was created. Those who took an opposing stance were oppressed , tortured. In this period, people like Ahmed b. Hanbal, who did not bow to oppresion, were made heroic by the people. This time, the reverse Mihna period started and those who spoke about the people of the Qur'an were criticized. Many of the muhaddith considered the approach to the issue of the khalq al-Qur'an as a bid'ah. This situation has created a field of criticism for people and segments who do not like each other. For this reason, unfair perceptions have been created about some people and their authorities in the society have been targeted with unfounded claims. Therefore, it is important to consider the approaches of Islamic scholars or sects to the subject objectively and to evaluate them in this context. In this study, the approaches of Dawud az-Zahiri (d. 270/884), the founder of the Zahiri sect, who were negatively affected by the situation in question , other Zahiri scholars to 'khalq al-Qur'an' were examined. In addition to the perception made about them, it is aimed to determine the accuracy of the discourses attributed to them. In this context, first of all, the views attributed to them are (i) The Qur'an in our hands, which consists of paper and ink, is not created, whereas the Qur'an in the preserved tablet is not created. (ii) The Qur'an is muhdes (created). (iii) The Qur'an is muhdes, and it is a creature in terms of its pronunciation. (iv) When the Qur'an is recited, the pronunciation that occurs as a result of the movements made by the servant to extract the letters has been classified as creature. These discourses attributed to them were compared with the information found in the works of Zahiri scholars and it was determined whether they were consistent or not. As a result of the researches, Dawud az-Zahiri, who was in Nishapur during the years when the mihna process continued, expressed some discourses about the creation of the Qur'an; however, with the end of the mihna, it was concluded that he gave up his discourses in question. Ibn Abi Asim (d. 287/900), Ibn Niftawayh (d. 323/935), Ibn Hazm (d. 456/1064), and Ibn al-Kaysarani (d. 507/1113), who are among the apparent scholars, have openly stated that the Qur'an is not a creature and they also blaspheme those who claim otherwise. In addition, it has been observed that the perception made independently of the correctness or falsity of the discourses attributed to them negatively affects the Zahiri scholars in many ways. For example, it is because of this that Zahiri scholars who are exposed to such perceptions lose value both in the eyes of the public and in the scientific assemblies.
Citation - Scopus: 5
Nikah Akdi: İslam Hukukunda Evlilik ile Akit Arasındaki İlişkinin Açıklanması
(Ankara Üniversitesi, 2022) Yaşar, Hakime Reyyan
Çağdaş akademik literatürde nikah akdinin ticari akitlerle olan benzerliği araştırmacıların ilgisini çekmiş ve bu ilgi nikahın akdi boyutunu inceleme ve çözümleme ihtiyacını doğurmuştur. Nikah akdinin ne tür bir akit olduğu, ticari akitlerle olan ilişkisi ve evlilik için şer’an önemli bir araç olan akdin mahiyeti fakihler tarafından tartışılmıştır. Ḥanefī ve Şafiʿī mezhebi arasında nikahın akit boyutunun hakikat mi yoksa mecaz mı olduğu sorusu bu tartışmanın somut tezahürü olarak karşımıza çıkar. Çağdaş batı literatürü nikahın akdi boyutunu çözümlemeye çalışırken İslam geleneğinde akit kavramını, akit nazariyesi ve akdin mecazla ilişkisine dair tartışmalar üzerinde durmaz ve nihayetinde bir takım tartışmalı neticelere ulaşır. Bu çalışmanın amacı çağdaş çalışmaları da içerecek şekilde, Ḥanefī mezhebinin nikah akdinde mecazla kurduğu ilişki üzerinden nikah akdi ve ticari akdin irtibatı ve bu irtibattan doğan sorunları ele almaktır.

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