sumeyye onuk demirci | Yalova University (original) (raw)
Papers by sumeyye onuk demirci
Eskiyeni, Sep 20, 2019
Al-Fuqahā ʾ al-sab ’ a is a concept that used to refer to the seven famous scholars from Medina w... more Al-Fuqahā ʾ al-sab ’ a is a concept that used to refer to the seven famous scholars from Medina who lived in the era of tābiūn (successors). Different opinions have been proposed regarding who these seven faqihs are. However, this difference was only on the seventh name and an consensus was reached on the other six names. Accordingly, the six names accepted by the union; Saʿīd b. al- Musayyab (d. 94/713), ‘Urwa b. al-Zubayr (d. 94/713), Qāsim b. Mu ḥ ammad (d. 107/725), Kharija b. Zayd (d. 100/718), ʿ Ubaydall ā h b. ʿ Abdall ā h (d. 98/716) and Sulaym ā n b. Yas ā r (d. 107/725). For the seventh scholar, three different names were mentioned: Ab ū Bakr b. ʿ Abd al-Ra ḥ mān (d. 94/713), Abū Salama b. ʿ Abd al-Ra ḥ mān (d. 94/713) and Sālim b. ʿ Abdall ā h (d. 106/725). In this research, the seventh name, Ab ū Bakr b. ʿ Abd al-Ra ḥ mān, was acknowledged. Because this is the adoption of Ab ū l-Zinād (d. 130/748) and the first traces of the concept are found in his use. The ‘amal of Medinese (the judicial practice of Medinese), which is accepted as a binding evidence for Mālikī sect and frequently referred by Mālikī, is used to express the judicial practice and consensus of the people of Medina on a religious issue. Imām Mālik’s compilation of the judicial practice of the people of Medina and the follow-up of a method that takes into consideration the judicial practice in his fatwas led to the concept rather being associated with Imām Mālik. However, the ‘amal of Medinese is also used both as a concept and method before him. Although it is possible to determine the tradition of pointing to the consensus and common practices of the past from the first period, after a certain period, especially from the second half of the first century, in the era of tābiūn (Successors), of which al-fuqahā ʾ al-sab ’ a belonged, it can be said that this attitude gained widespread popularity during that period. Al-Fuqahā ʾ al-sab ’ a, which pioneered the conduct of the fiqh activities in Medina during the t ā bi ū n period, accepted the ‘amal of Medinese as a proof and made judgements based on it using concept that points to the judicial practice. Saʿīd b. al- Musayyab ’s statement “ajma’a ahl al-Medina (consensus of people of Medina reached)”, his meaning by the concept of “sunna” as views and practices that are generally based on the Prophet (pbuh) but which are alos later accepted, his knowledge of sunna ma ḍ iya (the well-established precedent) and the praises about him in this field; examples that are shown in the ‘Urwa b. al-Zubayr and Qāsim b. Mu ḥ ammad as “al-amr (the practice)”, and the phrases, that are used by almost all of them and reflect some kind of common acceptance, like “people I lived in the same era”, “the people” indicate to the ‘amal of Medinese. It is quite difficult to determine exactly who al-fuqahā ʾ al-sab’a caste are by phrase “people I lived in the same era”. These statements may include the whole of the people of Madina, as well as those who are either fuqahā s or scholars, or teachers who his opnion conveyed, or a much more limited group. Similar concepts have also been used more systematically by Imām Mālik. However, it was not determined exactly what he meant by these concepts and it was the subject of discussion between the scholars. Another issue that can be evaluated within the scope of ‘amal of Medinese is the transfers made regarding the practices of Caliph ʿ Umar and acceptance of these convenctions as a relatively powerful evidence. It was seen as a sign of competence during the period of al-fuqahā ʾ al-sab ’ a to be a aware of to the practices of Caliph ‘ Umar. It can be said that the basis of this such importance of Caliph ‘ Umar’s practices is the idea of some kind of consensus (ijmā ʿ ). Because Caliph ‘ Umar did not allow the major companions to leave from Medina, he often consulted them in his decisions and thus some kind of consensus was reached. This approach also gives ideas about the essence of judicial practice in one aspect. Relation with the judicial practice for al-fuqahā ʾ al-sab ’ a, who plays an important role in the formation, detection and transfer of the judicial practice in Medina, was also investigated in the latter periods and a number of claims were made in this context. One of them is the claim that the consensuses in Imām Mālik’s Muwa tt a ʾ were “the consensuses of al-fuqah ā ʾ al-sab ’ a” or “the consensuses of a group of ten people, including al-fuqah ā ʾ al-sab ’ a”. However, this claim was rejected and was not found to be reputable in the eyes of the Mālikīs. Another claim on the subject is orientalist Schacht’s (d. 1969) thesis that “transformation from anonymous schools to personal schools”. According to Schacht, the consensus of the scholars was anonymous. However, since the middle of the second century, this anonymous consensus has been credited to the great personalities of the past in order to give theoretical legitimacy to this tradition based on the…
EKEV akademi dergisi, 2019
Marife Dini Araştırmalar Dergisi, Dec 31, 2019
Halifelik yıllarındaki (99-101/717-720) başarılı icraatlarıyla meşhur olan sekizinci Emevî halife... more Halifelik yıllarındaki (99-101/717-720) başarılı icraatlarıyla meşhur olan sekizinci Emevî halifesi Ömer b. Abdülaziz, hilâfetinden yaklaşık on iki sene önce 87/706 yılında halife Velîd tarafından Medine valiliğine atanmış, 93/712 yılına kadar da bu görevi sürdürmüştür. Ömer b. Abdülaziz, doğduğu ve ilk eğitimini aldığı Medine'ye vali sıfatıyla gelince ilk olarak şehrin meşhur on fakihinden müteşekkil bir danışma meclisi kurmuştur. Meclisin esas amacı, alınacak kararların istişare edilmesini ve karşılaşılan haksızlıkların valiye bildirilmesini sağlamaktır. Bununla birlikte meclisin idare ile Medineliler arasında oluşan gerginliği azaltmak ve alınan kararlara meşruiyet kazandırmak gibi çok daha önemli bir fonksiyonu vardır. Meclise çağrılan kişilerde aranan en önemli kriterin ilim olduğu söylenebilse de mecliste yer alan ve almayan âlimlerin özelliklerinden hareketle başka noktaların da tespit edilebilmesi mümkündür. Meclise danışılan kararların niteliğine ve niceliğine dair fazla bilgi mevcut değildir. Ancak Ömer b. Abdülaziz'in meclisi kurarken yaptığı konuşmadan hareketle bu kararların hem siyasi hem de dinî nitelikte olduğu söylenebilir. Bu meclis günümüzdeki gibi formel bir meclis niteliğinde değildir. Bu sebeple bu meclisi, istişare heyeti ya da danışma kurulu şeklinde nitelemek ve tabi böyle de isimlendirebilmek mümkündür.
Tasavvur / Tekirdağ İlahiyat Dergisi
Tercüme faaliyetleriyle birlikte ilimler tasnifine dair eserlerle karşılaşan İslam âlimleri, ilim... more Tercüme faaliyetleriyle birlikte ilimler tasnifine dair eserlerle karşılaşan İslam âlimleri, ilimleri çeşitli açılardan tasnife tabi tutarak kendi tasnif gele-neklerini oluşturmuşlardır. Akıl ve vahiy arasındaki irtibatı dikkate alarak ilimleri konumlandıran, ilimler arasındaki hiyerarşiye ve ilişkiye işaret eden bu tasnifler yaslandıkları ilim anlayışını da yansıtmaktadır. Bu bağlamda bir tarafta İslam filozoflarının bir tarafta İslam âlimlerinin ortaya koyduğu temelde iki farklı tasnif geleneğinden söz edilebilir. 16. yy. Osmanlı âlimlerinden Taşköprülüzâde (v. 958/1561) bu noktada her iki gelenekten de yararlanarak kendisinden sonrayı etkileyen orijinal bir ilimler tasnifi sunmuştur. İlimler tasnifini aynı zamanda bir ilim dalı olarak da gören Taşköprülüzâde, başta Miftâhu’s-saâde isimli eseri olmak üzere bu alanda dört kıymetli eser telif etmiştir. Bu eserler ilimler tasnifinin yanı sıra ilimler tarihine dair de zengin malumat içermektedir. Fıkıh ve fıkıh usûlü ilimlerini şer‘î ...
Eskiyeni, 2019
Al-Fuqahāʾ al-sab’a is a concept that used to refer to the seven famous scho-lars from Medina who... more Al-Fuqahāʾ al-sab’a is a concept that used to refer to the seven famous scho-lars from Medina who lived in the era of tābiūn (successors). Different opinions have been proposed regarding who these seven faqihs are. However, this difference was only on the seventh name and an consensus was reached on the other six names. Accordingly, the six names accepted by the union; Saʿīd b. al-Musayyab (d. 94/713), ‘Urwa b. al-Zubayr (d. 94/713), Qāsim b. Muḥammad (d. 107/725), Kharija b. Zayd (d. 100/718), ʿUbaydallāh b. ʿAbdallāh (d. 98/716) and Sulaymān b. Yasār (d. 107/725). For the seventh scholar, three different names were mentioned: Abū Bakr b. ʿAbd al-Raḥmān (d. 94/713), Abū Salama b. ʿAbd al-Raḥmān (d. 94/713) and Sālim b. ʿAbdallāh (d. 106/725). In this research, the seventh name, Abū Bakr b. ʿAbd al-Raḥmān, was acknowledged. Because this is the adoption of Abū l-Zinād (d. 130/748) and the first traces of the concept are found in his use.
The ‘Amal of Medinese (the judicial practice of Medinese), which is accep-ted as a binding evidence for Mālikī sect and frequently referred by Mālikī, is used to express the judicial practice and consensus of the people of Medina on a religious issue. Imām Mālik’s compilation of the judicial practice of the people of Medina and the follow-up of a method that takes into considera-tion the judicial practice in his fatwas led to the concept rather being associa-ted with Imām Mālik. However, the ‘Amal of Medinese is also used both as a concept and method before him. Although it is possible to determine the tradition of pointing to the consensus and common practices of the past from the first period, after a certain period, especially from the second half of the first century, in the era of tābiūn (Successors), of which al-fuqahāʾ al-sab’a belonged, it can be said that this attitude gained widespread popularity during that period.
Al-Fuqahāʾ al-sab’a, which pioneered the conduct of the fiqh activities in Medina during the tābiūn period, accepted the ‘Amal of Medinese as a proof and made judgements based on it using concept that points to the ju-dicial practice. Saʿīd b. al-Musayyab’s statement “ajma’a ahl al-Medina (consensus of people of Medina reached)”, his meaning by the concept of “sunna” as views and practices that are generally based on the Prophet (pbuh) but which are alos later accepted, his knowledge of sunna maḍiya (the wellestablished precedent) and the praises about him in this field; examples that are shown in the ‘Urwa b. al-Zubayr and Qāsim b. Muḥammad as “al-amr (the practice)”, and the phrases, that are used by almost all of them and ref-lect some kind of common acceptance, like “people I lived in the same era”, “the people” indicate to the ‘Amal of Medinese. It is quite difficult to determine exactly who al-fuqahāʾ al-sab’a caste are by phrase “people I lived in the same era”. These statements may include the whole of the people of Madina, as well as those who are either fuqahās or scholars, or teachers who his op-nion conveyed, or a much more limited group. Similar concepts have also been used more systematically by Imām Mālik. However, it was not determi-ned exactly what he meant by these concepts and it was the subject of discus-sion between the scholars.
Another issue that can be evaluated within the scope of ‘Amal of Me-dinese is the transfers made regarding the practices of Caliph ʿUmar and ac-ceptance of these convenctions as a relatively powerful evidence. It was seen as a sign of competence during the period of al-fuqahāʾ al-sab’a to be a aware of to the practices of Caliph ‘Umar. It can be said that the basis of this such importance of Caliph ‘Umar’s practices is the idea of some kind of consen-sus (ijmāʿ). Because Caliph ‘Umar did not allow the major companions to lea-ve from Medina, he often consulted them in his decisions and thus some kind of consensus was reached. This approach also gives ideas about the essence of judicial practice in one aspect.
Relation with the judicial practice for al-fuqahāʾ al-sab’a, who plays an important role in the formation, detection and transfer of the judicial practice in Medina, was also investigated in the latter periods and a number of claims were made in this context. One of them is the claim that the consensuses in Imām Mālik’s Muwattaʾ were “the consensuses of al-fuqahāʾ al-sab’a” or “the consensuses of a group of ten people, including al-fuqahāʾ al-sab’a”. However, this claim was rejected and was not found to be reputable in the eyes of the Mālikīs.
Another claim on the subject is orientalist Schacht’s (d. 1969) thesis that “transformation from anonymous schools to personal schools”. Accor-ding to Schacht, the consensus of the scholars was anonymous. However, since the middle of the second century, this anonymous consensus has been credited to the great personalities of the past in order to give theoretical legi-timacy to this tradition based on the idea of continuity at the core of the con-cept of sunna. In this context, the people of Medina grounded their doctrines on some ancient authorities who died at the end of the first or early second century. In a later period, seven of these authorities were elected and seven lawyers from Medina (al-fuqahāʾ al-sab’a) were referred to as. This retrospec-tive attribution process was not limited to these scholars, and each region ba-sed its doctrine on a local companion of the prophet. The Medinaians accep-ted Caliph ʿUmar and his son ʿAbdallāh Ibn ʿUmar as two important authori-ties. Schacht says that any doctrine based on these ancient authorities cannot be considered authentic. Because according to him, this attribution process was attached later and it is unfounded. Schacht’s thesis of “transformation of personal schools from regional schools” was rejected by another orientalist, Hallaq. One of the Islamic scholars, Muṣṭafā al-A’zamī (d. 2017), presented his rejection of Schacht’s claims against Islamic sciences and criticized the aforementioned claim.
This article focuses on al-fuqahāʾ al-sab’a’s approach to the judicial practice and tries to point out the roles it takes in the formation, determina-tion and transfer of ‘Amal of Medinese and discusses the aforementioned claims.
Eskiyeni, 2019
Dear Readers, We are happy to present the new issue of Eskiyeni. In March-July 2019 period, seven... more Dear Readers,
We are happy to present the new issue of Eskiyeni. In March-July 2019 period, seventeen different studies from scientists were submitted to the journal for evaluation. These studies were primarily subject to preliminary evaluation within the framework of the publication principles of our journal. In this first phase of assessment, the title, summary, key concepts, footnotes and bibliography/references of the study were examined in accordance with the academic writing techniques and the ISNAD citation style. In order to make the prelimi-nary evaluation process more objective, the evaluation form was announced on our website. The studies that passed this stage were controlled for compliance with the plagiarism detection program and editorial control as well as publica-tion ethics. To contribute to our journal's editorial ethics policy, each of article was screened in the Turnitin plagiarism prevention program, which is also used by internationally respected academic publications. The studies, which contai-ned more than 15% similarity in the result of the scan, were reinstated to their authors. The studies also going through these stages were presented to the referee evaluation within the framework of “the principle of the author's inability to learn the referee and the author (double-sided blind refereeing)”. So as to make the publication evaluation process more objective, the article evaluation form was also announced on our website.
In this issue, it has been put forward with 11 articles that were reviewed and plagiarised, which our referees approved for publication in terms of aca-demic content. I would like to thank especially to the scientists who have writ-ten out the article in this issue, to our editorial, advisory and refereeing boards, our field editors: Associate Prof. Murat ÖZCAN, Dr. Mehmet Murat KARA-KAYA, Dr. Kenan ÖZÇELİK, Dr. Mehmet Ata Az, Dr. İshak Tekin, Dr. İlyas Uçar, Büşra Betül PUNAR and Fatmanur DİKMEN and lastly the directors and employees of the Anatolian Theological Academy who all have great efforts during the evaluation phase of the publication.
Hoping to meet in our 40th issue we will publish on March 20, 2020…
Eskiyeni, Sep 20, 2019
Al-Fuqahā ʾ al-sab ’ a is a concept that used to refer to the seven famous scholars from Medina w... more Al-Fuqahā ʾ al-sab ’ a is a concept that used to refer to the seven famous scholars from Medina who lived in the era of tābiūn (successors). Different opinions have been proposed regarding who these seven faqihs are. However, this difference was only on the seventh name and an consensus was reached on the other six names. Accordingly, the six names accepted by the union; Saʿīd b. al- Musayyab (d. 94/713), ‘Urwa b. al-Zubayr (d. 94/713), Qāsim b. Mu ḥ ammad (d. 107/725), Kharija b. Zayd (d. 100/718), ʿ Ubaydall ā h b. ʿ Abdall ā h (d. 98/716) and Sulaym ā n b. Yas ā r (d. 107/725). For the seventh scholar, three different names were mentioned: Ab ū Bakr b. ʿ Abd al-Ra ḥ mān (d. 94/713), Abū Salama b. ʿ Abd al-Ra ḥ mān (d. 94/713) and Sālim b. ʿ Abdall ā h (d. 106/725). In this research, the seventh name, Ab ū Bakr b. ʿ Abd al-Ra ḥ mān, was acknowledged. Because this is the adoption of Ab ū l-Zinād (d. 130/748) and the first traces of the concept are found in his use. The ‘amal of Medinese (the judicial practice of Medinese), which is accepted as a binding evidence for Mālikī sect and frequently referred by Mālikī, is used to express the judicial practice and consensus of the people of Medina on a religious issue. Imām Mālik’s compilation of the judicial practice of the people of Medina and the follow-up of a method that takes into consideration the judicial practice in his fatwas led to the concept rather being associated with Imām Mālik. However, the ‘amal of Medinese is also used both as a concept and method before him. Although it is possible to determine the tradition of pointing to the consensus and common practices of the past from the first period, after a certain period, especially from the second half of the first century, in the era of tābiūn (Successors), of which al-fuqahā ʾ al-sab ’ a belonged, it can be said that this attitude gained widespread popularity during that period. Al-Fuqahā ʾ al-sab ’ a, which pioneered the conduct of the fiqh activities in Medina during the t ā bi ū n period, accepted the ‘amal of Medinese as a proof and made judgements based on it using concept that points to the judicial practice. Saʿīd b. al- Musayyab ’s statement “ajma’a ahl al-Medina (consensus of people of Medina reached)”, his meaning by the concept of “sunna” as views and practices that are generally based on the Prophet (pbuh) but which are alos later accepted, his knowledge of sunna ma ḍ iya (the well-established precedent) and the praises about him in this field; examples that are shown in the ‘Urwa b. al-Zubayr and Qāsim b. Mu ḥ ammad as “al-amr (the practice)”, and the phrases, that are used by almost all of them and reflect some kind of common acceptance, like “people I lived in the same era”, “the people” indicate to the ‘amal of Medinese. It is quite difficult to determine exactly who al-fuqahā ʾ al-sab’a caste are by phrase “people I lived in the same era”. These statements may include the whole of the people of Madina, as well as those who are either fuqahā s or scholars, or teachers who his opnion conveyed, or a much more limited group. Similar concepts have also been used more systematically by Imām Mālik. However, it was not determined exactly what he meant by these concepts and it was the subject of discussion between the scholars. Another issue that can be evaluated within the scope of ‘amal of Medinese is the transfers made regarding the practices of Caliph ʿ Umar and acceptance of these convenctions as a relatively powerful evidence. It was seen as a sign of competence during the period of al-fuqahā ʾ al-sab ’ a to be a aware of to the practices of Caliph ‘ Umar. It can be said that the basis of this such importance of Caliph ‘ Umar’s practices is the idea of some kind of consensus (ijmā ʿ ). Because Caliph ‘ Umar did not allow the major companions to leave from Medina, he often consulted them in his decisions and thus some kind of consensus was reached. This approach also gives ideas about the essence of judicial practice in one aspect. Relation with the judicial practice for al-fuqahā ʾ al-sab ’ a, who plays an important role in the formation, detection and transfer of the judicial practice in Medina, was also investigated in the latter periods and a number of claims were made in this context. One of them is the claim that the consensuses in Imām Mālik’s Muwa tt a ʾ were “the consensuses of al-fuqah ā ʾ al-sab ’ a” or “the consensuses of a group of ten people, including al-fuqah ā ʾ al-sab ’ a”. However, this claim was rejected and was not found to be reputable in the eyes of the Mālikīs. Another claim on the subject is orientalist Schacht’s (d. 1969) thesis that “transformation from anonymous schools to personal schools”. According to Schacht, the consensus of the scholars was anonymous. However, since the middle of the second century, this anonymous consensus has been credited to the great personalities of the past in order to give theoretical legitimacy to this tradition based on the…
EKEV akademi dergisi, 2019
Marife Dini Araştırmalar Dergisi, Dec 31, 2019
Halifelik yıllarındaki (99-101/717-720) başarılı icraatlarıyla meşhur olan sekizinci Emevî halife... more Halifelik yıllarındaki (99-101/717-720) başarılı icraatlarıyla meşhur olan sekizinci Emevî halifesi Ömer b. Abdülaziz, hilâfetinden yaklaşık on iki sene önce 87/706 yılında halife Velîd tarafından Medine valiliğine atanmış, 93/712 yılına kadar da bu görevi sürdürmüştür. Ömer b. Abdülaziz, doğduğu ve ilk eğitimini aldığı Medine'ye vali sıfatıyla gelince ilk olarak şehrin meşhur on fakihinden müteşekkil bir danışma meclisi kurmuştur. Meclisin esas amacı, alınacak kararların istişare edilmesini ve karşılaşılan haksızlıkların valiye bildirilmesini sağlamaktır. Bununla birlikte meclisin idare ile Medineliler arasında oluşan gerginliği azaltmak ve alınan kararlara meşruiyet kazandırmak gibi çok daha önemli bir fonksiyonu vardır. Meclise çağrılan kişilerde aranan en önemli kriterin ilim olduğu söylenebilse de mecliste yer alan ve almayan âlimlerin özelliklerinden hareketle başka noktaların da tespit edilebilmesi mümkündür. Meclise danışılan kararların niteliğine ve niceliğine dair fazla bilgi mevcut değildir. Ancak Ömer b. Abdülaziz'in meclisi kurarken yaptığı konuşmadan hareketle bu kararların hem siyasi hem de dinî nitelikte olduğu söylenebilir. Bu meclis günümüzdeki gibi formel bir meclis niteliğinde değildir. Bu sebeple bu meclisi, istişare heyeti ya da danışma kurulu şeklinde nitelemek ve tabi böyle de isimlendirebilmek mümkündür.
Tasavvur / Tekirdağ İlahiyat Dergisi
Tercüme faaliyetleriyle birlikte ilimler tasnifine dair eserlerle karşılaşan İslam âlimleri, ilim... more Tercüme faaliyetleriyle birlikte ilimler tasnifine dair eserlerle karşılaşan İslam âlimleri, ilimleri çeşitli açılardan tasnife tabi tutarak kendi tasnif gele-neklerini oluşturmuşlardır. Akıl ve vahiy arasındaki irtibatı dikkate alarak ilimleri konumlandıran, ilimler arasındaki hiyerarşiye ve ilişkiye işaret eden bu tasnifler yaslandıkları ilim anlayışını da yansıtmaktadır. Bu bağlamda bir tarafta İslam filozoflarının bir tarafta İslam âlimlerinin ortaya koyduğu temelde iki farklı tasnif geleneğinden söz edilebilir. 16. yy. Osmanlı âlimlerinden Taşköprülüzâde (v. 958/1561) bu noktada her iki gelenekten de yararlanarak kendisinden sonrayı etkileyen orijinal bir ilimler tasnifi sunmuştur. İlimler tasnifini aynı zamanda bir ilim dalı olarak da gören Taşköprülüzâde, başta Miftâhu’s-saâde isimli eseri olmak üzere bu alanda dört kıymetli eser telif etmiştir. Bu eserler ilimler tasnifinin yanı sıra ilimler tarihine dair de zengin malumat içermektedir. Fıkıh ve fıkıh usûlü ilimlerini şer‘î ...
Eskiyeni, 2019
Al-Fuqahāʾ al-sab’a is a concept that used to refer to the seven famous scho-lars from Medina who... more Al-Fuqahāʾ al-sab’a is a concept that used to refer to the seven famous scho-lars from Medina who lived in the era of tābiūn (successors). Different opinions have been proposed regarding who these seven faqihs are. However, this difference was only on the seventh name and an consensus was reached on the other six names. Accordingly, the six names accepted by the union; Saʿīd b. al-Musayyab (d. 94/713), ‘Urwa b. al-Zubayr (d. 94/713), Qāsim b. Muḥammad (d. 107/725), Kharija b. Zayd (d. 100/718), ʿUbaydallāh b. ʿAbdallāh (d. 98/716) and Sulaymān b. Yasār (d. 107/725). For the seventh scholar, three different names were mentioned: Abū Bakr b. ʿAbd al-Raḥmān (d. 94/713), Abū Salama b. ʿAbd al-Raḥmān (d. 94/713) and Sālim b. ʿAbdallāh (d. 106/725). In this research, the seventh name, Abū Bakr b. ʿAbd al-Raḥmān, was acknowledged. Because this is the adoption of Abū l-Zinād (d. 130/748) and the first traces of the concept are found in his use.
The ‘Amal of Medinese (the judicial practice of Medinese), which is accep-ted as a binding evidence for Mālikī sect and frequently referred by Mālikī, is used to express the judicial practice and consensus of the people of Medina on a religious issue. Imām Mālik’s compilation of the judicial practice of the people of Medina and the follow-up of a method that takes into considera-tion the judicial practice in his fatwas led to the concept rather being associa-ted with Imām Mālik. However, the ‘Amal of Medinese is also used both as a concept and method before him. Although it is possible to determine the tradition of pointing to the consensus and common practices of the past from the first period, after a certain period, especially from the second half of the first century, in the era of tābiūn (Successors), of which al-fuqahāʾ al-sab’a belonged, it can be said that this attitude gained widespread popularity during that period.
Al-Fuqahāʾ al-sab’a, which pioneered the conduct of the fiqh activities in Medina during the tābiūn period, accepted the ‘Amal of Medinese as a proof and made judgements based on it using concept that points to the ju-dicial practice. Saʿīd b. al-Musayyab’s statement “ajma’a ahl al-Medina (consensus of people of Medina reached)”, his meaning by the concept of “sunna” as views and practices that are generally based on the Prophet (pbuh) but which are alos later accepted, his knowledge of sunna maḍiya (the wellestablished precedent) and the praises about him in this field; examples that are shown in the ‘Urwa b. al-Zubayr and Qāsim b. Muḥammad as “al-amr (the practice)”, and the phrases, that are used by almost all of them and ref-lect some kind of common acceptance, like “people I lived in the same era”, “the people” indicate to the ‘Amal of Medinese. It is quite difficult to determine exactly who al-fuqahāʾ al-sab’a caste are by phrase “people I lived in the same era”. These statements may include the whole of the people of Madina, as well as those who are either fuqahās or scholars, or teachers who his op-nion conveyed, or a much more limited group. Similar concepts have also been used more systematically by Imām Mālik. However, it was not determi-ned exactly what he meant by these concepts and it was the subject of discus-sion between the scholars.
Another issue that can be evaluated within the scope of ‘Amal of Me-dinese is the transfers made regarding the practices of Caliph ʿUmar and ac-ceptance of these convenctions as a relatively powerful evidence. It was seen as a sign of competence during the period of al-fuqahāʾ al-sab’a to be a aware of to the practices of Caliph ‘Umar. It can be said that the basis of this such importance of Caliph ‘Umar’s practices is the idea of some kind of consen-sus (ijmāʿ). Because Caliph ‘Umar did not allow the major companions to lea-ve from Medina, he often consulted them in his decisions and thus some kind of consensus was reached. This approach also gives ideas about the essence of judicial practice in one aspect.
Relation with the judicial practice for al-fuqahāʾ al-sab’a, who plays an important role in the formation, detection and transfer of the judicial practice in Medina, was also investigated in the latter periods and a number of claims were made in this context. One of them is the claim that the consensuses in Imām Mālik’s Muwattaʾ were “the consensuses of al-fuqahāʾ al-sab’a” or “the consensuses of a group of ten people, including al-fuqahāʾ al-sab’a”. However, this claim was rejected and was not found to be reputable in the eyes of the Mālikīs.
Another claim on the subject is orientalist Schacht’s (d. 1969) thesis that “transformation from anonymous schools to personal schools”. Accor-ding to Schacht, the consensus of the scholars was anonymous. However, since the middle of the second century, this anonymous consensus has been credited to the great personalities of the past in order to give theoretical legi-timacy to this tradition based on the idea of continuity at the core of the con-cept of sunna. In this context, the people of Medina grounded their doctrines on some ancient authorities who died at the end of the first or early second century. In a later period, seven of these authorities were elected and seven lawyers from Medina (al-fuqahāʾ al-sab’a) were referred to as. This retrospec-tive attribution process was not limited to these scholars, and each region ba-sed its doctrine on a local companion of the prophet. The Medinaians accep-ted Caliph ʿUmar and his son ʿAbdallāh Ibn ʿUmar as two important authori-ties. Schacht says that any doctrine based on these ancient authorities cannot be considered authentic. Because according to him, this attribution process was attached later and it is unfounded. Schacht’s thesis of “transformation of personal schools from regional schools” was rejected by another orientalist, Hallaq. One of the Islamic scholars, Muṣṭafā al-A’zamī (d. 2017), presented his rejection of Schacht’s claims against Islamic sciences and criticized the aforementioned claim.
This article focuses on al-fuqahāʾ al-sab’a’s approach to the judicial practice and tries to point out the roles it takes in the formation, determina-tion and transfer of ‘Amal of Medinese and discusses the aforementioned claims.
Eskiyeni, 2019
Dear Readers, We are happy to present the new issue of Eskiyeni. In March-July 2019 period, seven... more Dear Readers,
We are happy to present the new issue of Eskiyeni. In March-July 2019 period, seventeen different studies from scientists were submitted to the journal for evaluation. These studies were primarily subject to preliminary evaluation within the framework of the publication principles of our journal. In this first phase of assessment, the title, summary, key concepts, footnotes and bibliography/references of the study were examined in accordance with the academic writing techniques and the ISNAD citation style. In order to make the prelimi-nary evaluation process more objective, the evaluation form was announced on our website. The studies that passed this stage were controlled for compliance with the plagiarism detection program and editorial control as well as publica-tion ethics. To contribute to our journal's editorial ethics policy, each of article was screened in the Turnitin plagiarism prevention program, which is also used by internationally respected academic publications. The studies, which contai-ned more than 15% similarity in the result of the scan, were reinstated to their authors. The studies also going through these stages were presented to the referee evaluation within the framework of “the principle of the author's inability to learn the referee and the author (double-sided blind refereeing)”. So as to make the publication evaluation process more objective, the article evaluation form was also announced on our website.
In this issue, it has been put forward with 11 articles that were reviewed and plagiarised, which our referees approved for publication in terms of aca-demic content. I would like to thank especially to the scientists who have writ-ten out the article in this issue, to our editorial, advisory and refereeing boards, our field editors: Associate Prof. Murat ÖZCAN, Dr. Mehmet Murat KARA-KAYA, Dr. Kenan ÖZÇELİK, Dr. Mehmet Ata Az, Dr. İshak Tekin, Dr. İlyas Uçar, Büşra Betül PUNAR and Fatmanur DİKMEN and lastly the directors and employees of the Anatolian Theological Academy who all have great efforts during the evaluation phase of the publication.
Hoping to meet in our 40th issue we will publish on March 20, 2020…