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In: Islamic Legal Thought
Author: Murteza Bedir

Abstract

This is a study of an early Hanafī jurist, Īsā b. Aban (d. 221/836). After collecting historical information about his life, I explore his views, as preserved in a fourth-century text, al-Fusūl fī'l-Usūl by Abū Bakr al-Jassās. Īsā's views, as presented there, shed important light on the development of the Hanafī concept of prophetic reports. I refer to non-Hanafī texts in order to check any possible ideological reconstruction by Jassās. Finally I compare my findings with J. Schacht's observations on 'early schools of law' and find interesting parallels between them and Īsā's views, as presented by Jassās.

In: Islamic Law and Society
Author: Murteza Bedir

Abstract

This is a study of the transformation of the Muslim understanding of the concept of fikih in the last two centuries. I argue that the western notion of 'law' considerably influenced the form of fikih, transforming it into 'Islamic law', a process that has culminated in a 'new stage' in the history of fikih. I will attempt to describe the general features of this transformation as well as its implications in the Turkish context. I begin by explaining the meanings of the terms şeriat, fikih, hukuk and kanun. I then present an historical overview of developments in the field of law in Turkey since the second half of the nineteenth century, with particular attention to codification. Next, I examine the curriculum of the faculty of theology, which, after the 1920s, was the sole official venue for teaching fikih in Turkey. Finally, I attempt to measure the extent of change in the perception of fikh by modern Muslims by examining the form and content of a textbook commonly used in theology faculties in Turkey.

In: Islamic Law and Society
In: Treasures of Knowledge: An Inventory of the Ottoman Palace Library (1502/3-1503/4) (2 vols)