Theses supervised by Dr. Öğr. Üyesi Osman Saitoğlu
13 theses · Yalova University
Et-tefsir'u Bil-Urfi İnde İbnü'l Arabi fi tefsirihi Ahkame'l Kur'an / Customary explanations in Ibn al Arabi's commentary on Ahkamu'l-Quran
This research, entitled (Tafsir by custom according to Ibn al-Arabi in his interpretation of the provisions of the Qur'an) came in an introduction, a preface chapter, and two chapters. In the introductory chapter, the researcher talked about the definition of search terms. He dealt with the subject of custom, defined it and mentioned its conditions and validity. He dealt with the verses of the rulings, talked about them, and mentioned their number and the literature in them and their approach. He talked about Ibn al-Arabi and mentioned his name, his birth, his life, his travels, his works, and his death. In addition, he talked about the interpretation, knew it, and mentioned its ruling, its divisions, its methods and its honor. In the first chapter, the researcher dealt with the restriction of the absolute text by custom according to Ibn al-Arabi and others. The second chapter dealt with the specification of the general text by custom according to Ibn al-Arabi and others. The research concluded by mentioning the most important results that it reached, and made a set of recommendations for scholars and researchers in interpretation in general and in the verses of rulings in particular.
Kur'an-ı Kerim'deki cihat hükümlerinin anlaşılmasında vahyin bağlamı ve sebeplerinin etkisi / The impact of context and reasons of revelation in understanding the verses of jihad in the Holy Qur'an
In this thesis, I have studied an important topic related to the understanding of the verses of Jihad in the Noble Qur'an in the light of the context and reasons or occasions of revelation, and its impact on understanding of those verses and deriving correct rulings from them. Because many of these verses can be misunderstood if they are not placed in the context that they were revealed, or not examined all the related verses on together according to the subject's unity and harmony. First of all, in this research I have shown the importance of the context and the reasons and surrounding circumstances of revelation in this matter, then I explained the meaning and reality of Jihad and stages of its legislation, and I mentioned the types of Jihad: defensive jihad and offensive jihad, with an expanded study on the second type in which many contemporary scholars have different view compared to the previous scholars, followed by a discussion of the evidences and arguments of each group. Later on, I have mentioned the verses related to the fighting that occurred between Muslims, and then dealt with the verses that spoke about jihad. However, I divided it into two parts: the verses that were revealed before Surah Al-Tawbah, and the verses that were revealed in Surah Al-Tawbah. After indicating to the brief interpretation of those verses, I explained their context and the reasons of their revelation, and explained its impact on a proper understanding of them. Keywords: Impact of context, Offensive jihad, Defensive jihad, the reasons of the Revelation.
Çin Aile Kanunu ile Osmanlı Aile Hukuku Kararnamesi mukayesesi / Comparison of the Chinese Family Law with the OttomanFamily Law
The Ottoman Code of Family Rights, that has been issued at the end of the Ottoman Sultanate due to political, economic, and social factors. It is considered as the first law in the field of personal status in the history of Islam. Although it was applied for a short period of time in the Ottoman Empire, it has a quite importance role in being a referance for personal status codes in other Islamic states located in the geography of the Islamic world. As for the Chinese family law, which was resulted on the basis of the principle of communism, it is applied on more than one billion people in the world. At the same time, this law applies to Muslims living in Chinese colonies such as East Turkestan. In this research, I will make a comparison for these two laws in the light of Islamic law. Keywords: Ottoman Family Conduct, Chinese Family ordinance, Islamic Sharia.
Ahkamu'l munakahat v'l mufarakat bayn Kanun Hukuk'l Aile v'l taşreaat fi Lübnan (Karşılaştırma çalışması) / Marriage and divorce provisions between the Family Right Law and the personal status legislation in Lebanon (Comparative study)
This study is a comparative study between Family Rights Law and personal status legislation in Lebanon. The Family Rights Act was chosen because of its great importance, which is reflected in: First: Because it is a codified form of the legal provisions on marriage and divorce in Islamic jurisprudence. Second: Because the articles of this law are united in the virtues of the four madhhabs (Hanafi, Shafii, Maliki and Hanbali), even if the Hanafi school prevails. Third: Because this law includes issues of marriage and divorce for the monotheistic religions of Christians and Jews as well as Muslims. On the other hand, Lebanon was chosen as a model for comparison due to the multiplicity of religions and sects within it and the diversity of personal status legislation depending on this diversity. Therefore, this comparison came to analyze the results to explore the extent of alignment between the Family Rights Act and the various legislations in Lebanon and to determine to what extent the vast array of legislation in Lebanon can be shaped under a unified framework such as: Family Law with some changes if necessary. This is with the aim of formulating a unified law of personal status in Lebanon that will replace any civil law that does not comply with divine law, with a content proportional to divine laws and also compatible with the different groups in Lebanon. Keywords: Lebanon, Family Rights Law, Personal Status legislation, Marriage, Divorce.
İmam Buhari'nin el-Câmi'ü's-Sahîh'ine Irak Hadis Ekolünün katkıları (Hicri dördüncü asırdan sekizinci asra kadar) / The efforts of the Iraqi Hadith School in the service of the al-Jâmiʿ al-Sahîh of Imam al-Bukhari from the fourth to the elghth century AH
This research is entitled (The Efforts of The The Iraqi Hadith School İn The Service Of Al-Jāmiʿ Al-Ṣaḥīḥ Of Imam Al-Bukhari From The Fourth To The Eighth Century Ah) and it consisted of an introduction and two chapters In the first chapter: the researcher talked about the Iraqi school of hadith. He dealt with the definition of the hadith school its origins in Iraq, its characteristics, its impact on other schools, the most important hadith schools in Iraq, and the accusations made by some scholars against the school. And he spoke about Imam al-Bukhari his name lineage upbringing, trips, his sheikhs, his students, the scholars' praise for him, his death his book (Aljamaa Al-sahih) and his other works. In the second chapter, the researcher dealt with the status of Imam al-Bukhari among the Iraqis, their testing of him and his narrators and the most important efforts of the scholars of the Iraqi School of Hadith in taking care of Aljamaa Al-Sahih from those who settled in Iraq and those who had a trip to it and studying some books that were concerned with Aljamaa Al-Sahih The research was concluded by mentioning the most important results that it reached and presenting a number of recommendations that pertain to the people of study and research in relation to the hadith schools in Islam and their concern for Al-jamaa Al-Sahih of Imam al-Bukhari. Keywords: Hadis, Imam Al- Bukhari, Iraq Commentary.
Molla hüsrev'in "dureru'l-hukkam" adlı eserinde fıkhikaideler(The jurisprudential rules extracted from durar al hukkam by mulla khusro)
This research is entitled "The Jurisprudential Rules Extracted from Durar al Hukkam by Mulla Khusro". It consists of an introduction, a preface, two chapters, and a conclusion. In this research, the researcher extracts and collects the jurisprudential rules of Imam Mulla Khusro, who was one of the most prominent scholars of the Ottoman era, from his valuable book "Durar Al-Hukkam Sharh Ghurar Al-Ahkam". Then the researcher explains the extracted jurisprudential rules and states their evidence, with reference to where those rules were mentioned in the book. In the introduction, the researcher talks about the importance of the topic, the reasons for choosing it, the research problem, the previous study, and the research methodology. Then in the preface, the researcher defines the research terms. The researcher deals with the subject of jurisprudence rules and defines it. He also mentions the difference between the rule and the control, between the jurisprudential theory and fundamentalist rules, and between the authenticity of the jurisprudential rules and the rule of inferencing by them. He also talks about the biography of Imam Mullah Khusro: his name, birth, death, sheikhs, disciples, and writings. Besides, the researcher studies the book of "Durar Al-Hukkam Sharh Ghurar Al-Ahkam" and clarifies the author's approach and his sources. The researcher then states the impact of this book on subsequent books. As for the first chapter, it includes the general jurisprudential rules from "Durar Al-Hukkam Sharh Ghurar Al-Ahkam". The researcher studies these rules and to explains the general jurisprudential rules and states their evidence with reference to where the rules were mentioned in the book. This chapter contains five topics. In the second chapter, the researcher studies the partial jurisprudential rules in "Durar Al-Hukkam Sharh Ghurar Al-Ahkam" and clarifies their evidence with reference to where they were mentioned in the book. This chapter contains two topics. The research is concluded by the most important results it reached. Keywords: Fiqh, Qawâid-i Fiqhiyye, Durar Al-Hukkam, Mulla Khusro.
Musa Carullah'ın Kur'an-ı Kerim'in tefsirinde tercih kuralları ve istidlal metodu
This research explores the methodology of the scholar Musa Jarullah in interpreting the Holy Quran, focusing on his inferences and the principles of preference he relied upon, as well as his efforts in serving Islam, particularly through Quranic interpretation. Musa Jarullah dedicated his life to serving the Book of Allah, but despite this dedication, his methodology in interpretation was not widely known among scholars of Quranic exegesis. Therefore, it became essential to study his approach to Quranic interpretation. The research comprises an introduction, a preliminary chapter, two main chapters, and a conclusion. The introduction covers the significance of the topic, the research problem, methodology, previous studies, and the research plan. The preliminary chapter includes the biography of Musa Jarullah, detailing his life, scholarly journey, reform efforts, intellectual contributions, political and social roles after the Bolshevik revolution, and his life in exile until his death. The first chapter addresses Musa Jarullah's methodology in Quranic interpretation, his concept of the Quran, his views on the creation of the Quran, his general interpretive methodology, his stance on rational interpretation, and his approach to Quranic sciences such as the disjointed letters, abrogation, the miraculous nature of the Quran, and the compilation of the Quran. The second chapter discusses his inference and preference methodology in Quranic exegesis, examining the types of inferences in the Quran, his methods of using the Quran, Quranic readings, the Prophetic traditions, and linguistic inference. The research emphasizes how Musa Jarullah utilized rational and textual evidence to provide a comprehensive interpretation of the Quran. The study concludes with several key findings, notably that Musa Jarullah was an encyclopedic scholar who left behind a rich legacy of books and writings, followed the methodology of the Sunni tradition in interpretation, and relied on reason in his exegesis of the Quranic verses. Keywords: methodology, exegesis, Musa Jarullah, inference, principles of preference.
Kadı el-Umrânî'nin İbn Rüşd'ün "Bidayetü'l-müctehid ve nihayetü'l-muktasıd" adlı kitabına yaptığı yorumlardan evlilik bölümündeki seçimleri, tanımlayıcı, tümevarımsal ve analitik bir çalışma
The choices of Judge Al-Omrani in the chapter on marriage from his comments on the book Bidayat al-Mujtahid wa Nihayat al-Muqtasid by Ibn Rushd A descriptive and analytical study in comparative jurisprudence Summary: This study aims to clarify the jurisprudential choices of jurists in general, and Judge Al-Omrani in particular, by clarifying the term and the methodfollowed in choosing the jurisprudential ruling and directing thisdisagreement; by collecting the sayings of the scholars of jurisprudencewith the sayings of Judge Al-Omrani, through the book Bidayat al-Mujtahid wa Nihayat al-Muqtasid. Judge Muhammad bin Ismail Al-Omranito, show the images of those choices and their manner. This study also aimed to clarify the concept of marriage, the reasons for its validity, the description of the guardian, the effect of testimony, the impediments to marriage, and the forbidden marriages according to Judge Al-Omrani, and the study answered the research problems. This research depends on the descriptive approach in the translation of Ibn Rushd and Judge Al-Omrani, and the use of the inductive approach in extracting the jurisprudential choices, and the method of analysis and deduction to reveal the approach of Judge Al-Omrani in his choices, and his comments on the book Bidayat Al-Mujtahid and Nihayat Al-Muqtasid by Ibn Rushd; This study concluded by highlighting the scientific value of Judge Al-Omrani, as it showed that he is a diligent scholar who is neither imitative nor fanatical, and the breadth of his knowledge, especially in jurisprudence, hadith and history, and his contribution to clarifying the legal rulings in a way that suits contemporary conditions by linking many historical and realistic issues to legal issues, with documentation and authentication of a method that establishes for the student of the scholar the ability to research jurisprudence, choices and problems. Keywords: Jurisprudential choices - Judge Al-Omrani - marriage - Bidayat Al-Mujtahid - jurists.
Allâme Kasım İbn-i Kutlubuğa'nın Risalesi üzerine yazılmış "el-Arfu'n nâsim" Saba Rüzgarının Kokusu" adlı kitabın (Vücuh el-Beyan Bölümün başından el-Sünnet bölümün sonuna kadar) inceleme ve tahkiki
The thesis focuses on the critical edition of Sharḥ al-Shihāb al-Munaynī on the Matn Mukhtaṣar al-Manār, covering the section from Bāb Wujūh al-Bayān to the end of the second proof of Adillat al-Sharʿ (al-Sunnah). The study introduces the treatise with an analysis of the original author (mātn), the commentator (shāriḥ), the value of both the base text (matn) and the commentary (sharḥ), as well as the scholarly works based on the matn. Additionally, it provides a comparative study between the commentary of Allāmah Qāsim and that of al-Shihāb al-Munaynī. Keywords: Uṣūl al-Fiqh (Principles of Islamic Jurisprudence), Ṭarīqat al-Fuqahāʾ (Methodology of Jurists), al-Ẓuhūr wa al-Khafāʾ (Apparent and Hidden Meanings), al-Sunnah (Prophetic Tradition).
Siyasi anlaşmazlıkların düzenlenmesi ve tercihi açısından büyük fıkıh kaideleri: Uygulamalı analitik çalışma
AL-QAWĀʿID AL-FIQHIYYA AL-KUBRĀ IN TERMS OF STRUCTURE AND PREFERENTIAL APPLICATION TO POLITICAL DISAGREEMENT: AN ANALYTICAL AND APPLIED STUDY ABSTRACT The primary objective of legal maxims in Islamic jurisprudence lies in systematizing and summarizing the inferences drawn by jurists from the sources of Islamic law, namely the texts of the Qur'an and Sunnah. However, these legal maxims—particularly the major and universal ones—have attained such a level of prominence and authority that their role now extends beyond mere legal precision and issue compilation. They have come to serve as guiding principles in managing scholarly disagreement and weighing conflicting opinions. These maxims have consistently featured in the practice of jurists, judges, rulers, and political leaders, who have employed them to support their decisions and to weigh competing considerations in complex legal and political contexts. This study aims to demonstrate the role played by the major legal maxims in regulating political disagreement within the Muslim state and in providing criteria for preferring certain views and positions over others. It focuses on the dual functions of organization and prioritization, employing an analytical and applied approach to cases of political dispute, whether from the Prophetic and Rightly-Guided Caliphate eras or from issues debated among later jurists. The research addresses the problem of affirming the effectiveness of these maxims in managing political disagreement and providing sound bases for preference, resolution, or direction. The significance of the topic lies in its engagement with exceptional circumstances—namely, situations of disagreement—and in the rarity of studies linking legal maxims to such disputes. The study concludes that the major legal maxims have played a central role in regulating political differences and determining preferable positions. This role was evident in the early Islamic periods and among jurists of various schools. Furthermore, political disagreement is not limited to practical divergences between opposing parties, but also encompasses differences in ijtihād (independent reasoning) regarding matters of public governance and Islamic political theory. Keywords: Legal maxims, Political disagreement, Islamic political theory, Regulation, Preference.
İslam hukuku'nda depreme dair hükümler (karşılaştırmalı islam hukuku çalışması)
This dissertation presents an extensive jurisprudential study on the Islamic legal rulings concerning the calamity of earthquakes, within the framework of Maqāṣid al-Sharīʿah (higher objectives of Islamic law) and established jurisprudential principles. The research begins with a preliminary discussion defining earthquakes linguistically, jurisprudentially, and scientifically, and situates them within the divine context of trials and tests. It then explores the associated rulings which span across the five essential necessities that Islam seeks to preserve: religion, life, intellect, lineage, and wealth. This work was undertaken to fill a scholarly and practical gap resulting from the absence of a comprehensive legal treatise on earthquake-related rulings, despite the recurring nature of such disasters and the increasing need of both laypersons and jurists for relevant fatwas. The diversity of contemporary cases that emerge with each earthquake—varying in scale, time, location, and circumstances-necessitates such a study. The research employs an inductive methodology to collect and analyze relevant rulings from various chapters of Islamic jurisprudence, a comparative approach among the four major schools of thought, and a deductive-analytical method that focuses on understanding legal causality and objectives. The dissertation comprises an introduction, a theoretical framework, and four main chapters. The first chapter defines key concepts and legal maxims relevant to earthquakes; the second addresses rulings on worship under earthquake conditions; the third explores financial transactions; and the fourth covers miscellaneous issues such as inheritance, criminal liability, rescue operations, and dietary concerns. The aim of this study is to demonstrate the comprehensiveness, flexibility, and depth of Islamic jurisprudence, and to systematically apply legal rulings to contemporary realities. It seeks to aid scholars, muftis, and concerned individuals during such emergencies and to affirm the capacity of Islamic law to address emerging situations through a balanced, comparative legal framework. Keywords: Islamic Jurisprudence, Necessity, Pandemics, Disasters, Earthquakes, Relief, Liability.
Fetvanın siyasi karar üzerindeki etkisi kontroller ve problemler üzerine temel ve uygulamalı bir çalışma
The fatwa is considered one of the most prominent religious functions of scholars and jurists in Islam. It is a divine mission and a prophetic duty. Scholars are the heirs of the prophets—they inherited knowledge from them and took on the responsibility of conveying and clarifying the rulings. A fatwa, being a declaration of a legal ruling, is akin to signing on behalf of Allah Almighty, as Ibn al-Qayyim expressed. According to al-Shatibi, the mufti occupies the position of the Prophet ﷺ within the Ummah. Fatwas have influenced political decision-making and played a role in major events and structural changes throughout various historical periods. The methodologies of those engaged in issuing fatwas have differed in their approach to this relationship, leading to numerous complexities regarding the role of muftis in political issues and contemporary challenges. This study aims to clarify the concepts of both fatwa and political decision-making, as well as the nature of the relationship between them. It also seeks to establish a jurisprudential framework to regulate and guide fatwas within the political sphere and to identify and analyze the key problematic phenomena in the relationship between fatwas and political decisions. The study concludes by clarifying the impact of fatwas on political decision-making in terms of its nature, forms, limits, and associated challenges. It also identifies the most important jurisprudential controls governing fatwas in the political field and analyzes the major issues in this relationship, along with their causes and consequences. Keywords: Fatwa, Political Fatwa, Political Decision, Fatwa Regulations, Islamic Political Jurisprudence.
Zarar ile ilgili fıkhî kaideler ve bunların savaş bölgelerindeki evlilik ve ayrılık hükümlerine etkisi: Uygulamalı bir inceleme - Suriye örneği
The major general jurisprudential rules derived from the texts of the Qur'an and Sunnah are considered a reference for attaching the rulings of sub-issues to them, including the rules related to harm. The researcher addressed in his study those rules and their impact on family rulings in countries of wars, especially in the Syrian case. The research focuses on these rulings because the family is the cornerstone of society and it is the most important component of it. This research is divided into an introduction and three chapters. The introduction includes research problems, research objectives, the importance of the topic, reasons for choosing the topic, research limitations, research methodology, and previous studies. The first chapter contains definitions of the title and related terms and includes sections on: the definition of a jurisprudential rule and jurisprudential principles, and the difference between them; the definition of a fundamentalist principle and the difference between it and a jurisprudential rule; and the types of harm and their Islamic recognized criteria. The second chapter deals with the rule "Harm must be removed" and the rules derived from and related to it. This chapter includes sections on the rule "Harm must be removed", rulings related to it, and the most prominent rules related to considering objectives and harm. The third chapter focuses on applied applications and contains eleven sections, including: the harm of overpopulation in camps; the harm of marriage in camps; the harm of polygamy as a general practice; the harm of child marriage; the harm of make-believe adoption; and the harm of abortion resulting from rape by regime soldiers. The research then mentioned its most important findings, including: temporary birth control in Syrian camps due to the lack of suitable conditions for proper upbringing; marriage in Syrian camps is subject to the five rulings of Islamic law, and harm does not affect the original ruling on marriage; marrying another woman is obligatory to prevent general harm when polygamy is possible in the camps; polygamy is forbidden if a man strongly believes he will neglect his first wife, as harm cannot be removed by another harm; and it is not permissible to marry a minor girl in Syrian camps before she reaches maturity. Keywords: Jurisprudence (Fiqh), Jurisprudence Principles, Jurisprudential Rules, Harm, Religious Laws.