hakansabunis/tr-academic-research-agent-index huggingface dataset:
OSMANLI CEZA KANUNLARINDA RÜŞVET SUÇU VE FIKHÎ ANALİZİ
THE CRIME OF BRIBERY IN THE OTTOMAN PENAL CODE AND ITS FIQHICAL ANALYSIS
Yazar: Kızılay, Muhammed Emin
Dergi: İslami İlimler Dergisi, Vol. 19 No. 1, 2024
Anahtar kelimeler: Islamic Law ; İslam Hukuku ; İslam Hukuku,Osmanlı Hukuku,Tanzimat,Rüşvet Suçu,Ceza. ; Islamic Law,Ottoman Law,Tanẓīmāt,Bribery Offence,Punishment.

İslam’ın önem atfederek korunmasını istediği birtakım değerler vardır. Bu koruma şahsi bir görevden çok kamu otoritesine ait bir ödevdir. Zira bu değerleri hedef alan suçlara yönelik yaptırımları uygulama, bazı durumlarda yeni yaptırımlar vazetme yetkisi kamu otoritesine aittir. Dolayısıyla kamu otoritesinin adil ve güvenilir bir şekilde işlemesi gerekmektedir. Otoriteye karşı güveni ve adalet hissini zedeleyen en büyük suçlardan biri rüşvettir. Tanzimat Dönemi’nde rüşvetle mücadelede kanunlaştırılmaya gidilmiş, rüşvet suçuyla ilgili çeşitli düzenlemeler yapılmıştır. Çalışmada Tanzimat Dönemi kanunlarında rüşvet suçuyla ilgili düzenlemeler kronolojik ve mukayeseli şekilde incelenmiştir. Öncesinde ise Osmanlı’da resmî mezhep hüviyetindeki Hanefîlik açısından rüşvet suçu ele alınmıştır. Böylelikle Hanefî fıkhından son Osmanlı ceza kanununa kadar geçen süreçte rüşvet suçuna dair düzenlemelerde meydana gelen değişiklikler izlenmiştir. Sonuç itibarıyla zamanla kanun metinlerindeki fıkhî terimlerin ortadan kalktığı, Batı kanun sistematiğine uygun daha teknik, kısa ve açık ifadelere yer verildiği görülmüştür. Ayrıca rüşvet suçuyla alakalı kısa sürede birden çok ve sık aralıklarla düzenlemeler yapılması rüşvetin ne denli yaygınlaştığını ve bu suçla mücadelenin ne denli zor olduğunu göstermiştir.

There are some values to which Islam attaches importance. Islam wants these values to be protected. This protection is a duty of the public authority. Because the public authority has the power to impose sanctions against offences targeting these values and, in some cases, to impose new sanctions, the public authority must function fairly and reliably. Bribery is one of the biggest offences undermining trust in authority and the sense of justice. During the Tanẓīmāt Period, legalisation was introduced in the fight against bribery. Various regulations were made regarding the offence of bribery. In this study, the regulations related to the crime of bribery in the laws of the Tanẓīmāt Period are examined chronologically and comparatively. Before that, the bribery offence was examined in terms of Hanafī jurisprudence, which was the official madhhab in the Ottoman Empire. In this way, the changes in the regulations on the offence of bribery from Hanafī fiqh to the last Ottoman penal code are traced. As a result, it was observed that the fiqh terms in the legal texts disappeared over time. Following Western legal systematics, more technical, short, and clear expressions were used. In addition, the fact that there were multiple and frequent regulations on the offence of bribery in a short time showed how widespread bribery had become and how difficult it was to combat this crime.
USUL-İ FIKIH İLMİ  VE AKIL ÜRÜNÜ BİLİMSEL BİR USUL DENEMESİ
THE METHOD OF THE SCIENCE OF ISLAMIC JURISPREDENCE AND  AN ESSAY ON SCIENTIFIC METHOD WHICH IS A PRODUCT OF MIND
Yazar: Eskicioğlu, Osman
Dergi: İslami İlimler Dergisi, Vol. 1 No. 5, 2007
Anahtar kelimeler: Islamic Law ; İslam Hukuku ; The method of İslamic Jurisprudence,methodolojy,fıkıh

In this article, it is focused  on the contributions that the method of İslamic jurispredence which can be used not only by science of İslamic jurisprudence, but also by other scientific disciplines, may make for constituting a scientific methodology. In the article, the formation of İslamic sciences and the İslamic jurispredence is discussed from  the methodology of science perspective. Then moving from the method of İslamic jurisprudence, a new legal methodology approach which can be used in all legal systems is offered.

In this article, it is focused  on the contributions that the method of İslamic jurispredence which can be used not only by science of İslamic jurisprudence, but also by other scientific disciplines, may make for constituting a scientific methodology. In the article, the formation of İslamic sciences and the İslamic jurispredence is discussed from  the methodology of science perspective. Then moving from the method of İslamic jurisprudence, a new legal methodology approach which can be used in all legal systems is offered.
USûL-İ FIKHIN KELAMÎ KAYNAĞINI YENİDEN DEĞERLENDİRMEK
REVALUATİNG THE THEOLOGİCAL SOURCE OF SCİENCE OF USUL  AL-FIQH
Yazar: Öğüt, Salim
Dergi: İslami İlimler Dergisi, Vol. 1 No. 5, 2007
Anahtar kelimeler: Islamic Law ; İslam Hukuku ; İslamic law,usul al-fiqh,theology.

İt is stated that disciplines on which science of usul al-fiqh depends are theology, linguistics and law. Among them theology is priority one from the point of its function. Because rules that are projected gain validity only when they are based on the will of a creator who has wisdom and science. Establishing this is among the duties of theology discipline. İn this article, theological bases of usul al-fiqh thought are empasized. Also in this study, problems that negligence of theological bases in the modern period caused from the point of fiqh thought are touched.

İt is stated that disciplines on which science of usul al-fiqh depends are theology, linguistics and law. Among them theology is priority one from the point of its function. Because rules that are projected gain validity only when they are based on the will of a creator who has wisdom and science. Establishing this is among the duties of theology discipline. İn this article, theological bases of usul al-fiqh thought are empasized. Also in this study, problems that negligence of theological bases in the modern period caused from the point of fiqh thought are touched.
HANEFÎ MEZHEBİNİN  KURUCU İMAMLARI ARASINDAKİ KİŞİSEL İLİŞKİLER
HANEFÎ MEZHEBİNİN  KURUCU İMAMLARI ARASINDAKİ KİŞİSEL İLİŞKİLER
Yazar: Koca, Ferhat
Dergi: İslami İlimler Dergisi, Vol. 1 No. 5, 2007
Anahtar kelimeler: Islamic Law ; İslam Hukuku ; Hanafî school,Abû Hanîfa,Abû Yusuf,Muhammad b. Hasan al-Shaybânî,Zufar,Hasan b. Ziyâd

The Personel Relations and Some Weaknesses Between Abû Hanîfa and His Students Who Are the Founder Imams of the Hanafî School Hanafi school whose name is attributed to Abû Hanîfa, today one of the four living law (fiqh) schools, is a secret (mazhab) established as collectively by Abû Hanîfa and his students and friends (ashâb-i Abî Hanîfa). Among Abû Hanîfa’s friends Abû Yusuf, Muhammad b. Hasan al-Shaybânî, Zufar and Hasan b. Ziyâd made the big contributions with their works and their activities in carrying out in institunalization and advancement of this school. In this article, we are dealing with the personel relations and some weaknesses between Abû Hanîfa and his students who are the founder imams of the Hanafî School with some historical examples.

The Personel Relations and Some Weaknesses Between Abû Hanîfa and His Students Who Are the Founder Imams of the Hanafî School Hanafi school whose name is attributed to Abû Hanîfa, today one of the four living law (fiqh) schools, is a secret (mazhab) established as collectively by Abû Hanîfa and his students and friends (ashâb-i Abî Hanîfa). Among Abû Hanîfa’s friends Abû Yusuf, Muhammad b. Hasan al-Shaybânî, Zufar and Hasan b. Ziyâd made the big contributions with their works and their activities in carrying out in institunalization and advancement of this school. In this article, we are dealing with the personel relations and some weaknesses between Abû Hanîfa and his students who are the founder imams of the Hanafî School with some historical examples.
BEN ve “ÖTEKİ”  KUR’ÂN’IN “ÖTEKİ” İLE İLİŞKİLERDE ÖNGÖRDÜĞÜ  DENGELİ BARIŞ TEORİSİ
BEN ve “ÖTEKİ”  KUR’ÂN’IN “ÖTEKİ” İLE İLİŞKİLERDE ÖNGÖRDÜĞÜ  DENGELİ BARIŞ TEORİSİ
Yazar: Yaman, Ahmet
Dergi: İslami İlimler Dergisi, Vol. 1 No. 5, 2007
Anahtar kelimeler: Islamic Law ; İslam Hukuku ; İslam Hukuku,fıkıh,metodoloji

The theory of the Quran regarding international relations based on various verses of the Quran relevant to some missions of the Prophet in conveying the message of Allah as well as other verses relevant to no occasion has been differently perceived by both Muslims and non-Muslims. The majority of Muslim jurists of early period up until the middle ages who mainly based their theories on war conditions interpreting those verses of the Quran enjoining war maintained a theory favoring clash. As one may see in the latest discourses of the present Pope, Benedictus the XVI., westerners have an image in general that Islam has spread through sword. However, some earlier jurists as well as some contemporary Muslim writers, who feel like the defeated subjects of a land, put forward a passive peace strategy in the name of Islam. Whereas the Quran, when it is read in its totality, maintains a balanced peace strategy considering man, society, and the universe in terms of the values of creation. The present paper deals with these various views regarding peace and it underlines the approach of the Quran.

The theory of the Quran regarding international relations based on various verses of the Quran relevant to some missions of the Prophet in conveying the message of Allah as well as other verses relevant to no occasion has been differently perceived by both Muslims and non-Muslims. The majority of Muslim jurists of early period up until the middle ages who mainly based their theories on war conditions interpreting those verses of the Quran enjoining war maintained a theory favoring clash. As one may see in the latest discourses of the present Pope, Benedictus the XVI., westerners have an image in general that Islam has spread through sword. However, some earlier jurists as well as some contemporary Muslim writers, who feel like the defeated subjects of a land, put forward a passive peace strategy in the name of Islam. Whereas the Quran, when it is read in its totality, maintains a balanced peace strategy considering man, society, and the universe in terms of the values of creation. The present paper deals with these various views regarding peace and it underlines the approach of the Quran.
AHKÂM-I HAMSENİN KÖKENİ VE İLK DÖNEM  FIKIH USûLÜ LİTERATÜRÜNDE GELİŞİMİ ÜZERİNE
THE ORIGIN OF AL-AHKÂM AL-KHAMSAH AND ITS DEVELOPMENT IN  EARLY USUL AL-FIQH LITERATURE
Yazar: Koşum, Adnan
Dergi: İslami İlimler Dergisi, Vol. 1 No. 5, 2007
Anahtar kelimeler: Islamic Law ; İslam Hukuku ; al-ahkâm al-khamsah,al-mutakallımun,fuqaha,stoa

josepht Schacht, a well-known orientalist claims in his studies that although Islamic law generally is based on Islam, it sometimes contains nonIslamic materials. It this direction, one of his claims is that al-ahkâm alkhamsah (in other words al-ahkâm al-taklifiyye) in Islamic jurisprudence is receipted from stoic philosophy. In this study, the progress of al-ahkâm al-khamsah in early usul al-fıqh literature is studied. A process is observed in the definition and formation of concepts and its classification. In addition, having considered the difference of method between tradition of al-mutakallımun and fuqaha, it is observed that al-ahkâm al-khamsah has the originality. On the other hand, it is hard to find out the similarity of alahkâm al-khamsah and its prototypes in the works of general and special stoic philosophy and this also confirmed this conviction.

josepht Schacht, a well-known orientalist claims in his studies that although Islamic law generally is based on Islam, it sometimes contains nonIslamic materials. It this direction, one of his claims is that al-ahkâm alkhamsah (in other words al-ahkâm al-taklifiyye) in Islamic jurisprudence is receipted from stoic philosophy. In this study, the progress of al-ahkâm al-khamsah in early usul al-fıqh literature is studied. A process is observed in the definition and formation of concepts and its classification. In addition, having considered the difference of method between tradition of al-mutakallımun and fuqaha, it is observed that al-ahkâm al-khamsah has the originality. On the other hand, it is hard to find out the similarity of alahkâm al-khamsah and its prototypes in the works of general and special stoic philosophy and this also confirmed this conviction.
HZ PEYGAMBER (A.S)’İN  SAHABE İÇTİHATLARI KARŞISINDAKİ TAVRI
HZ PEYGAMBER (A.S)’İN  SAHABE İÇTİHATLARI KARŞISINDAKİ TAVRI
Yazar: Beroje, Sahip
Dergi: İslami İlimler Dergisi, Vol. 1 No. 5, 2007
Anahtar kelimeler: Islamic Law ; İslam Hukuku ; Prophet,Sahabe,İjtihat,Nas,Interpretation

İjtihat is a foundation which win Muslim jurisprudence a dynamism. Because of this importance, the Prophet urged Ashab on ijtihat and he appreciated them when they found the truth, and praised even when they did wrong. İn this study it has been examined what we should understand from the Prophet’s attitudes against Ashab’s ijtihats in terms of religious-legal point by giving examples from Sahabe’s ijtihats.

İjtihat is a foundation which win Muslim jurisprudence a dynamism. Because of this importance, the Prophet urged Ashab on ijtihat and he appreciated them when they found the truth, and praised even when they did wrong. İn this study it has been examined what we should understand from the Prophet’s attitudes against Ashab’s ijtihats in terms of religious-legal point by giving examples from Sahabe’s ijtihats.
ZARûRİYYÂT DÜZEYİNDEKİ GÂÎ DEĞERLERİN  MAHİYETİ VE EVRENSEL NİTELİĞİ ÜZERİNE
ZARûRİYYÂT DÜZEYİNDEKİ GÂÎ DEĞERLERİN  MAHİYETİ VE EVRENSEL NİTELİĞİ ÜZERİNE
Yazar: Pekcan, Ali
Dergi: İslami İlimler Dergisi, Vol. 1 No. 5, 2007
Anahtar kelimeler: Islamic Law ; İslam Hukuku ; Islamic Law,The purpose in law,Public benefit,Uni versal jurisprudence values,Natural law

Islam has set various rules in order to make human being happy. As setting the rules it observes some purposes and objectives provided that they are absolutely to the benefit of human being and it has not established any non-justified and purposeless rule. If Islamic rules are necessarily studied in view of source and method, it is possibly said that the source means evidences (dalil) which are the bases of the rules and the method means the procedure of deducting these rules from the evidences. To perform ijtihad by observing purposes of the law is a procedure signifying that mujtahid considers basic inherent (natural)necessary (indispebsable) needs and bases rules on them when he deducts the rules from evidences. Thanks to this procedure, not only would the capability and being binding of the source turn out, but the cause and the divine wisdom behind his act also would be understandable for the sane adult (mukallaf).

Islam has set various rules in order to make human being happy. As setting the rules it observes some purposes and objectives provided that they are absolutely to the benefit of human being and it has not established any non-justified and purposeless rule. If Islamic rules are necessarily studied in view of source and method, it is possibly said that the source means evidences (dalil) which are the bases of the rules and the method means the procedure of deducting these rules from the evidences. To perform ijtihad by observing purposes of the law is a procedure signifying that mujtahid considers basic inherent (natural)necessary (indispebsable) needs and bases rules on them when he deducts the rules from evidences. Thanks to this procedure, not only would the capability and being binding of the source turn out, but the cause and the divine wisdom behind his act also would be understandable for the sane adult (mukallaf).
ZAHİRİLİĞİN BÜYÜK İMAMI İBN HAZM: HAYATI VE ESERLERİ
ZAHİRİLİĞİN BÜYÜK İMAMI İBN HAZM: HAYATI VE ESERLERİ
Yazar: Ergüven, Şahabettin
Dergi: İslami İlimler Dergisi, Vol. 1 No. 5, 2007
Anahtar kelimeler: Islamic Law ; İslam Hukuku ; Ibn Hazm,Zahiri Sect,Andalus,Fıgh,Language,Literature,Administration,Politics and Work

Ibn Hazm lived  in the period of time years during the falling down of Andalus-Amawian State (765-1031). He wrote alot of of books on different fields such as Fıgh, Hadith, History of Religion, Islamic theology, Philosophy, Logic, Genealogy, Language and Literatury. More over he had systematized of the Zahiri sect in the Islamic jurisprudence. Works on Zahiri sect written by Hazm made him one of the famous person among the scholars in the world. In this article ıt is dealt with the life and Works of Ibn Hazm al-Andalusian

Ibn Hazm lived  in the period of time years during the falling down of Andalus-Amawian State (765-1031). He wrote alot of of books on different fields such as Fıgh, Hadith, History of Religion, Islamic theology, Philosophy, Logic, Genealogy, Language and Literatury. More over he had systematized of the Zahiri sect in the Islamic jurisprudence. Works on Zahiri sect written by Hazm made him one of the famous person among the scholars in the world. In this article ıt is dealt with the life and Works of Ibn Hazm al-Andalusian
KLASİK DÖNEM İSLAM TARİHÇİLERİNİN TARİH ANLAYIŞI
KLASİK DÖNEM İSLAM TARİHÇİLERİNİN TARİH ANLAYIŞI
Yazar: Söylemez, Mehmet Mahfuz
Dergi: İslami İlimler Dergisi, Vol. 1 No. 6, 2008
Anahtar kelimeler: History of Islam ; İslam Tarihi ; islam tarihi,,tarih,,erken dönem,

The word “history” which is expressed to be the Arabic version of the persian word “mah-ruz”, has been subject to an expansion in its meaning since its has emerged. Becoming an exclusive name for to describe the science of history over time, it has gained meaning which is very close to modern definition of history. The orthography of islamic history, has created a very distinctive method since the very beginning and this method has been implemented meticulously. In some respecet, this method which is believed to have some similarities with the method developed by French Anales School, has been implemented until the emergence of modern historiography. In this article, the above-mentioned topics are discussed briefly.

The word “history” which is expressed to be the Arabic version of the persian word “mah-ruz”, has been subject to an expansion in its meaning since its has emerged. Becoming an exclusive name for to describe the science of history over time, it has gained meaning which is very close to modern definition of history. The orthography of islamic history, has created a very distinctive method since the very beginning and this method has been implemented meticulously. In some respecet, this method which is believed to have some similarities with the method developed by French Anales School, has been implemented until the emergence of modern historiography. In this article, the above-mentioned topics are discussed briefly.
TARİHÇİLİĞİN BUNALIMI VE TARİH’İN DOĞUŞU-İbni Halduncu Çözümlemenin Özgünlüğü Üzerine-
The Crısıs of Hıstorısızm and Arıse of Hıstory-On The Originality of Ibn Khaldun’s Analysis-
Yazar: Evkuran, Mehmet
Dergi: İslami İlimler Dergisi, Vol. 1 No. 6, 2008
Anahtar kelimeler: Kalam ; Kelam ; History,Ibn Khaldun,Mokaddime,asabiyyah (sence of belog to),civilization,orman,causality ; History,Ibn Khaldun,Mokaddime,asabiyyah (sence of belog to),civilization,orman,causality

In both of Islamic tradition and modern western social sciences (espacially in history science) the name of Ibn Khaldun is one of the most recognized and esteemed scholar. His originality is based on his studies on the nature of history and structure of society. Ibn Khaldun believed that the historical and social events may comprehended by human mind and he made an effort to understand the logic of its events. He claimed that social events must been explained in the context of cause-result relations. To understand and explain the history departing from its own roots, considered the arising of history as a science in the modern scinetific meaning. Thus we look at his masterwork, Mokaddime, we can seee that concepts which used for defining the social and historical changes, are very concrete. In this article I try to show the originality of Ibn Khaldun’s thoughts on historical studies and to indicate his contributions to the idea of history in the scientific context.

In both of Islamic tradition and modern western social sciences (espacially in history science) the name of Ibn Khaldun is one of the most recognized and esteemed scholar. His originality is based on his studies on the nature of history and structure of society. Ibn Khaldun believed that the historical and social events may comprehended by human mind and he made an effort to understand the logic of its events. He claimed that social events must been explained in the context of cause-result relations. To understand and explain the history departing from its own roots, considered the arising of history as a science in the modern scinetific meaning. Thus we look at his masterwork, Mokaddime, we can seee that concepts which used for defining the social and historical changes, are very concrete. In this article I try to show the originality of Ibn Khaldun’s thoughts on historical studies and to indicate his contributions to the idea of history in the scientific context.
İSLAM GELENEĞİNDE TARİHİN ÖZNESİ SORUNU
The Problem of the Subject of the History in Islamic Culture
Yazar: Keleş, Ahmet
Dergi: İslami İlimler Dergisi, Vol. 1 No. 6, 2008
Anahtar kelimeler: Hadith ; Hadis ; History,History of Philosophy,Custom,Subject of History ; History,History of Philosophy,Custom,Subject of History

This article aims to show the problem of the subject of the History in Islamic Culture. Quran is the basic book about Islamic researches. In the Quran, there are a lot of principles on the human being and history. And there are difference styles to telling the history. We must have attention when we read the Quran. Teocentrical telling in the Quran is very important telling style for the One God believing (Tevhit). Quran uses this style in the Quran’s verses. If we don’t have an attention this point, we cannot understand the message of Quran correctly. In Islamic Culture, some Quran’s verses had been understood wrongly. Allah says that the universe is completely his property and He does everything as he wants. Muslim scholars think that these verses meanings are Allah the unique subject of the history. We pointed out this approach with the difference approach to these verses.

This article aims to show the problem of the subject of the History in Islamic Culture. Quran is the basic book about Islamic researches. In the Quran, there are a lot of principles on the human being and history. And there are difference styles to telling the history. We must have attention when we read the Quran. Teocentrical telling in the Quran is very important telling style for the One God believing (Tevhit). Quran uses this style in the Quran’s verses. If we don’t have an attention this point, we cannot understand the message of Quran correctly. In Islamic Culture, some Quran’s verses had been understood wrongly. Allah says that the universe is completely his property and He does everything as he wants. Muslim scholars think that these verses meanings are Allah the unique subject of the history. We pointed out this approach with the difference approach to these verses.