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Papers by Hakime Reyyan YAŞAR

Ilahiyat Studies, 2024

During the 19 th and 20 th centuries, the Ottoman State underwent a process of modernization driv... more During the 19 th and 20 th centuries, the Ottoman State underwent a process of modernization driven by political, legal, and social reforms. This period was marked by a cautious approach to change by Ottoman scholars, including Ömer Nasuhi Bilmen. Bilmen was a highly influential Muslim intellectual and Islamic legal scholar during the late Ottoman era and the early years of secular Turkey. This article examines Bilmen's confrontation of modernity and his responses to societal changes through specific issues relevant to his time in the late Ottoman era. It discusses his role in addressing obstacles, his observations of ongoing transformations, and his critiques of European hegemony and modernization. The study focuses on Bilmen's articles written in Ottoman Turkish between 1920 and 1922, particularly on marriage, divorce, polygamy, and population growth policies.

Manchester Journal of Transnational Islamic Law & Practice (MJTILP), 2024

This note delves into the involvement of Islamic law scholars in the ongoing dialogue concerning ... more This note delves into the involvement of Islamic law scholars in the ongoing dialogue concerning the reform of the post-divorce alimony provision (Article 175) within the Turkish Civil Code. Since the early 2000s, a debate has emerged surrounding the duration of spousal support following divorce. Central to this discussion is Article 175, which stipulates that "the party who will fall into poverty as a result of the dissolution of the marriage may request indefinite (süresiz) alimony." Under this provision, the party experiencing financial hardship due to divorce have the right to seek poverty alimony (yoksulluk nafakası). However, as the duration of this alimony is not specified, courts are authorised to decide for the length, potentially resulting in lifelong support obligations in certain cases. Consequently, there have been calls to reform Article 175. This demand has catalysed a dialogue between proponents and opponents of the article, with Islamic law experts contributing to the discussion. This study investigates how Islamic law can serve as a complementary source for the secular Turkish Civil Code. Findings reveal that Islamic law scholars offer input by suggesting durations for alimony based on Islamic jurisprudence, asserting that Islamic law can be regarded as a kind of jus non scriptum law.

Cumhuriyet Üniversitesi İlahiyat Fakültesi Dergisi, Nov 25, 2022

This article has been reviewed by at least two referees and scanned via a plagiarism software. / ... more This article has been reviewed by at least two referees and scanned via a plagiarism software. / Bu makale, en az iki hakem tarafından incelendi ve intihal içermediği teyit edildi.

Cumhuriyet Theology Journal, 2022

In the last quarter of the 20th century, George Lakoff and Mark Johnson introduced a groundbreaki... more In the last quarter of the 20th century, George Lakoff and Mark Johnson introduced a groundbreaking theory- namely, the Conceptual Metaphor Theory. This theory has offered an innovative way of understanding metaphors and developed a particular terminology to explain it. In years, extensive literature has been developed where the researchers discuss, apply or extend the scope of the conceptual metaphor theory. Regarding this, the Qur’anic studies has been part of this literature, too. Today, the interest of reading the Qur’anic verses from the lens of the conceptual metaphor theory has been increased. Although there is a variety among the studies, the predominant claim is that this theory can offer a means to understand the Qur’an deeply and can bring new perspectives to the Qur’anic exegesis. The claim that this theory can help to develop a new means for Qur’an studies, indicates the need for addressing and reviewing this emerging literature. Based on this need, this study focuses on the literature evaluating the Quranic verses from the lens of the conceptual metaphor. Here, the aim is not to compile these publications or to exhibit a panoramic view of them. Instead, this study’s goal is to present a critical review by examining the extent to which the researchers justify their claims by analysing the methods they follow, and by questioning how the theory is bridged with the methods of Qur’anic exegesis and Arabic rhetoric. This research is confined with samples focusing on the Qur’anic verses, since, there is an extensive work on both conceptual metaphor theory and majāz (figurative expression) in Arabic rhetoric. Although there are studies in Arabic, Persian and English on this particular subject, due to abound with publications and the impact factor, only works in English are taken into consideration. During the evaluation, particularly three main point are considered: (I) whether the conceptual metaphor theory is well represented, (II) how the relationship between the theory and majāz is analyzed, and (III) whether the theory offers a new perspective in understanding and interpreting the Qur’anic verses as it has been claimed. Over the course of the review, some methodological difficulties and gaps were found. For instance, some of the studies do not give place to the criticized and debated aspects of the conceptual metaphor theory. The theory argues that metaphor is established at the level of concepts and not words or linguistics. This also means that the terminology introduced by Aristotle such as the species-genus, transmission and analogy are put aside. As well, the majāz in Arabic rhetoric is articulated by the terminology waḍ‘ (meaning establishing, assigning), the relation of vocable-meaning and pragmatics. Isti‘āra (metaphor) is portrayed as borrowing a name or an attribute for something else. Al-musta‘ār lahu (that to which the metaphoric or borrowed meaning is given), al-musta‘ār minhu (that from which the metaphoric meaning is borrowed), al-isti‘āra (the borrowed word itself) are the terminology used while clarifying this figurative process. According to Lakoff and Johnson, our perception regarding the concepts is based on the experience we gain through the physical world. In other words, metaphors are also related to Gestalt experience. The classic terminology is not efficient in explaining this experience. Therefore, Lakoff and Johnson introduced new terms, such as mapping, domain, and blending. From this perspective majāz or isti‘āra and conceptual metaphor reveal fundamental differences. The existing studies leave unanswered the question how the gap between majāz and the conceptual metaphor theory can be filled and how both theories can be bridged. Another issue to mention is that Lakoff- Johnson identify the examples, but analyse them detached from contextual indications. Similar to Lakoff – Johnson, the present studies also elaborate the Qur’anic metaphors in a context-independent manner. Additionally, the theory expounds the metaphors in the conventionalised language or in other words, everyday human language. This also means that the theory does not offer a way to elaborate metaphors in the divine speech (wahy), neither does it aim to propose a such a method. From a theological point of view, the question of how the balance between the divine speech and human language can be kept remains unanswered. Finally, the conceptual metaphor theory has made remarkable contributions in the field of metaphor. Unfortunately, the present studies have focused so much on the theory that they failed to include the role of Qur’anic exegesis and its methodology, theology and Arabic rhetoric in understanding metaphors in the Qur’an. Therefore, it would be fair to argue that a detailed philosophical, theological and linguistic evaluation should be carried on how the conceptual theory and Quranic studies can be related. In sum, I believe that exploring and strengthening the relationship between the conceptual metaphor theory and majāz would provide a sound ground to this discussion and help us to understand the extent to which the conceptual metaphor theory would contribute to the Qur’anic studies.

The combination of marriage and contract (ʿaqd al-nikāḥ) has been one of the interesting subjec... more The combination of marriage and contract (ʿaqd al-nikāḥ) has been one of the interesting subjects for the scholars to be discuss and elaborate. The focus of this attention has been on analysis and understanding of the contractual component of the marriage reflecting a similarity with economic contracts. Recent studies endeavored to explain this nexus; however, they have also neglected to include how contract as a concept operates in Islamic law and beyond, and the discussions between the schools on the metaphoric aspect of the marriage contract. Classical legal scholars elaborated how marriage is represented by contract model, its relation to other economic contracts, and how the contractual aspect of the marriage is articulated. In particular, the argument that the contractual aspect of nikāḥ is partly related to metaphor offers another dimension in exploring the nature of the marriage contract. This study aims to analyse the nexus by including both the discussions on the metaphoric aspect of the marriage contract and the shortcomings in explanations of the contractual component of the marriage contract.

Article , 2022

Simon Udo ve Michiel Leezenberg, Abd el-Kahir el-Curcani’nin Esrar el-Belaga ve Delailu’l-Icaz ad... more Simon Udo ve Michiel Leezenberg, Abd el-Kahir el-Curcani’nin Esrar el-Belaga ve Delailu’l-Icaz adli eserlerinin mecaz ve istiare bahsinde bilissel dil bilimin izlerinin bulundugunu iddia etmislerdir. Ancak, ne Simon ne de Leezenberg iddia ettikleri bu izin, mecaz ve istiare konusuna yer veren baska klasik eserlerde bulunup bulunmadigina deginmez. Bu calisma, Simon ve Leezenberg’un iddia ettigi bilissel izlerin sadece Abd el-Kahir el-Curcani’nin eserlerine hasredilemeyecegini, aksine Hanefi usulculerin zihin ve mecaz iliskinden haberdar olduklarini ortaya koymayi hedeflemektedir. Calismanin savini sinirlandirmak icin ve tartismaya sunduklari onemli kavramlar ve ornekler sebebiyle agirlikli olarak 13. ve 14. yuzyil Hanefi usul eserlerinden yararlanilmistir. Bu calismada Hanefi usulculerin mecaz ile zihin arasindaki iliskiyi aciklamak icin kullandiklari ittisal, zihin ve mahal kavramlari ele alinacaktir.

Simon Udo and Michiel Leezenberg point to the cognitive traces in the works of 'Abd al-Qāhir al-J... more 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.

Book Reviews by Hakime Reyyan YAŞAR