Kayhan

Assist. Prof. Dr.

Zor Eşiği Aşmak: İnsanın Hür İradesi Meselesinde Cebrî-İhtiyarî Dikotomisine Mâturîdî’nin Çözümü

Muhammed

Öğretim Görevlisi Dr.

Love has long been one of the most prominent themes in various literary traditions. The view of love, the qualities of the lover and the beloved and their relationship, the established metaphors and concepts in love poems, and the common similes and depictions used in love poems may differ from one literature to another depending on cultural, ethnic, religious, and other factors. However, nations that share a common source of values share a commonality in the field of literature. In this context, there are numerous commonalities between the poetry traditions of the Arabs and the Turks, who have been in close contact and have shared a common geography, and religious and cultural values for centuries. This unification has persisted throughout the ages and left a vast common literary heritage. That is, when classical Arabic and Turkish poetry is viewed broadly, these two important representatives of Muslim literature in the East share many similarities in terms of poetic meter and verse forms, literary genres, and themes. It is possible to speak of Arabic poetry’s deep influence on this literary partnership, which began to form especially during the Abbasid period. The Turks, who became acquainted with Arabic poetry, particularly from the Abbasid period onward, wrote extensively on the themes shaped by this tradition. However, they did not forget to enrich these themes with their own unique images, motifs, and metaphors.&nbsp;According to literary historians, Arabs influenced Persians, whereas Persians influenced Turks in the formation of Islamic literature. This general assumption is mostly correct; however, it should be noted that during the Abbasid period, the Turks established close relations with the Arabs and were deeply interested in Arabic language and literature. Because the Turks, who had been in close contact with the Abbasids from the start, were not only a great military and political power able to appoint and dismiss caliphs, but they also produced great writers and poets who wrote in Arabic. For example, prominent Turkish intellectuals of the Abbasid era included the diwan scribe and poet Ibrāhīm b. ʿAbbās Ṣūlī, a descendant of the Oghuz Turk leader Ṣūlkagan, and the great historian, writer and poet Abū Bakr Ṣūlī. In addition to the names mentioned above, many Turkish poets of the time knew Arabic poetry and wrote in Arabic. Therefore, one can say that Turks were directly acquainted with and influenced by Arabic poetry during this early period.Although literary historians point out similarities in form and content between Arabic and Turkish poetry, the commonalities of these two poetic traditions have yet to be addressed and illuminated at the desired level within the scope of contemporary comparative literary studies. In this context, this research, which aims to present an idea and method for comparative thematic studies in classical Arabic–Turkish poetry, focuses on the theme of “concealment and disclosure of love,” which is one of the subjects on which Arab and Turkish poets write the most. In this work, we hope to shed light on classic Arabic and Turkish poets and the similarities between their poetry. Our article is unique in that it is the first study on this topic, so it draws attention to a gap in the literature regarding the theme and attempts to fill such gap to some extent.According to the narratives, the lover (poet) hides his feelings because he fears being condemned. However, the fire of love that burns in his heart causes him all kinds of problems, and the secret of love that he hides becomes apparent, sometimes through tears, sometimes through heartache, and sometimes through physical weakness and yellowness of the face (fever). The type that the lover fears and avoids appears in Arabic poetry as a “condemner” (لَئاِم /عَذاِل (and in Turkish poetry as “zâhid” (ignorant ascetic). The task of the lover’s “enemies” is to condemn the lover and expose his secret whenever they find even the smallest hint. As a result, many poets in both works of literature issue strict warnings to lovers to be discreet and hide their love. Despite the fear of being exposed, this state of the lover who betrays himself has been the subject of many poems, and the signs by which poets reveal their secret state of love have been compared to a whistleblower in both literary traditions. The most obvious of these “internal whistleblowers,” as highlighted by classical period Arab and Turkish poets, were identified and discussed in titles. Moreover, the couplet samples chosen from poets of different periods were discussed and interpreted using a comparative and descriptive method. Our extensive surveys and examinations revealed that Arab and Turkish poets approach this theme, which is centered on platonic love with similar feelings and expressions. Although the poets used different languages, they used the same propositions and concepts to describe the states of the platonic lover, the difficulties he faced while concealing his love, and how the lover revealed himself in similar ways. So much so that many poems appear to have been written by a single poet.Another finding from our study is that the theme of “concealing and revealing love” has been prevalent in both Arabic and Turkish literature for centuries.The Arabic and Turkish poetry has many common themes, such as “the lover’s concealment and disclosure of his love,” which is the subject of this article. These themes have been kept up-to-date for many centuries and are worthy and apt to be examined within the scope of comparative literature. There are now websites that help researchers conduct such comparative studies. Among the most important of these websites are “poetry.dctabudhabi.ae/#/,” which includes Arabic diwans, and “tebdiz.com,” which contains a large number of Turkish poems.

Klasik Şiirde Aşkın Gizlenmesi ve İfşası -Arap ve Türk Şiiri Arasında Karşılaştırmalı Bir Çalışma-

Navid

Assist. Prof.

Teftâzânî’nin Mezhebini Belirleme: Gerileme Paradigmasından Sonraki Anlayışlar

Burak

Öğretim Görevlisi

Sinan

Cooperative game theory in microeconomics examines fair division in the sharing of resources among individuals with conflicting claims to them. The extant literature generally addresses this issue in relation to the total material values of claims vis-à-vis the material value of the relevant resources. A claims problem (or bankruptcy problem) occurs when the resource is relatively scarce; a surplus sharing problem arises when the resource is relatively abundant.Disputes suited to the context of fair division problems are as old as human history. In fact, the first and subsequently oft-referenced disagreements studied in this context in the extant literature are presented in the Talmud, one of the most central Judaic texts. For example, the contested garment problem in the Talmud concerns two people holding the ends of a garment: one lays claim to the entire apparel while the other claims half the garment. The allocation method is deemed the solution to this problem from the Talmud. This approach was generalized and transfigured into the concede-and-divide rule, according to which the dispute may be resolved by assigning three quarters and one quarter of the garment to the respective claimants. Similarly, the dispute can be resolved by allotting two-thirds and one-third of the garment to the respective claimants by using the proportional rule, which satisfies the concept of distributive justice postulated in Aristotle’s Nicomachean Ethics (V).The disputes scrutinized in the existing literature include ancient problems compiled from the Talmud as well as more recent disputes modeled as exemplars of fair division problems. Some modern conflicts discussed in the literature include disputes relating to revenue distribution for museum pass programs, allocation of university resources among faculties, distribution of broadcasting revenues obtained from broadcasting sports events, the ventilator distribution problem encountered during the COVID-19 pandemic, and the aircraft landing. The rules applied to such problems examined in the literature, whether ancient or modern are not limited to the concede-and-divide or proportional rules. Extant research defines numerous rules for distribution such as constrained equal awards, constrained equal losses, Piniles’ rule, the Talmud rule, minimum overlap, the Ibn Ezra rule, Rabad’s proposal, the random arrival rule, and the sequential priority rule. Researchers frequently use the methodology of modeling a previously unexamined dispute notwithstanding its relevance in the context of a fair division problem and to utilize the defined rules to resolve the problem. Scholars have also defined established allocation methods and presented them along with certain problems as distribution rules. The axiomatic characterization approach is adopted in such cases to define an allocation method as a distinctive rule. The axiomatic approach adopted in the present study requires a rule to be defined through the features that characterize it. Each rule applied to resolve the problem is unique. Thus, each defined distribution rule proposes a unique solution to the considered problem. Hence, every rule applied to a problem yields a distinct solution to it. Using the axiomatic approach, the motives underlying the distribution rationale can be distinguished to some extent by investigating the properties of the rule if the solution posited for a problem is obtained by applying a specific rule that can be generalized to the problem. For instance, the proportional rule is characterized in the literature by the properties of composition up and self-duality. Therefore, the proportional rule can be said to embody the concepts conveyed by these two attributes. Similarly, the term axiomatic characterization defines a distribution method as a unique rule distinguished by its features. Specifically, the axiomatic characterization of distributions is explained as a more tangible comparison of the understanding of justice of practitioners.Islamic history is extremely rich in describing cases that can be defined as fair division problems and in defining allocation methods that can be generalized and characterized as distribution rules. More numerous cases are showcased solely in Islamic inheritance law than problems compiled and examined from the Talmud in the existing microeconomics literature. However, the relevant microeconomics literature has not yet referenced these problems or the distribution methods delineated in Islamic law. Similarly, scant studies in the relevant Islamic law literature have systematically compiled or investigated these types of legal disputes. To date, scholars have evaluated disputes and solutions only through sociopolitical and historical perspectives.This study presents three cases from Al-Sarakhsi’s Mabsut and describes the solutions proposed by the jurists of that time. These conflicts from Islamic history can be modeled as fair division problems and classical division rules are applied to them. The solutions derived by applying classical division rules are compared with the solutions suggested by the eminent jurists of the past to determine the similarities and differences. Subsequently, this study attempts to exemplify the historical solutions as generalizable sharing rules, determining their generalizability according to justifications found in the relevant Islamic law sources. The properties utilized for the characterizations are also scrutinized for compliance with Islamic principles and are adapted in a manner consistent with Islamic values. Thus, legal disputes discussed politically and historically for centuries are examined from an unaddressed perspective and axiomatically evaluated.The rules frequently employed by studies to resolve current and historical disputes include the concede-and-divide principle known for its solution to the contested garment problem mentioned in the Talmud, the Ibn Ezra rule named after Abraham Ibn Ezra (d.1089/1092-1164/1167), and the Maimonides Rule named after Maimonides (d.1138-1204). Different researchers have characterized these rules using certain sets of properties. The present study employs the axiomatic approach, a methodology adopted in the existing literature, and defines Abu Hanifa’s and Abu Yusuf’s solutions for the given legal disputes as generalizable rules. The application of the classical fair division rules to the disputes yielded the following results. The concede-and-divide rule postulated a solution identical to that of Abu Hanifa and the Ibn Ezra rule proposed the same solution as Abu Yusuf’s method. The existing research has examined the compatibility of the properties that characterize the concede-and-divide rule and the Ibn Ezra rule with Islamic principles and has shown that both doctrines can be characterized using the same sets of properties adapted to the Islamic context. Similarly, Abu Hanifa’s method has been proven equivalent to the concede-and-divide rule in the context of claim problems and Abu Yusuf’s method equals the Ibn Ezra rule in the context of the adapted claim problem.In conclusion, this study compiled cases that can be examined in the context of fair division problems and the solutions posited for them in related reliable Islamic law sources. Disputes are modeled by adjusting them to relevant contexts, defining the generalizable solutions among them as rules, and characterizing them through their properties. Classical rules of the fair division are adapted and applied to these disputes, and the solutions proposed by them are axiomatically compared against the solutions obtained by this study. The referenced properties are adapted to the Islamic context because of their similarities and the relevant Islamic allocations are characterized.

İslam Hukuku’ndan Paylaşım Meselelerinin Mikroiktisatın Adil Paylaşım Alanına Uyarlanması: Üç Problemin Aksiyomatik Analizi

Fereshteh

Fathiyeh

Prof. Dr.

Kur'an'ın Münafıklığa Karşı Söylemi Üzerine Bir İnceleme

Berat

Assoc. Prof. Dr.

Studying manuscript collections may serve as a window into the richness of a given culture and tradition; Ottoman culture is not an exception. Manuscripts may also demonstrate the prosperity of this specific culture’s scholarly production and consumption. Over the last two decades, Ottoman book culture has been a trending academic topicin Turkish academia. This scholarly inquiry delves into the history of books, libraries, bibliographies, and some specific collections, along with the prominent figures associated with these collections. The classification of sciences may be used as a novel method for studying the aforementioned areas. This article aimed to conduct a comparative analysis of the Fāżil Aḥmad Pasha Library, established in the seventeenth century, juxtaposed against two previously established libraries: the Maḥmūd Pasha Library and the Ḥabeshī Meḥmed Agha Library established in the fifteenth and sixteenth centuries, respectively. Thus, this article aims to compare the three most significant libraries of their times through the lens of the classification of sciences. This comparative study further aims to reveal the texts that were read and written by the Ottomans and the change in the academic landscape over time. By employing the classification of sciences as a comparative tool, I hope to propose a new method for studying Ottoman manuscript collections.The first collection1 under examination was built by the Grand Vizier Maḥmūd Pasha (d. 874/1474) during the era of Meḥmed II (r. 1451–1481). Maḥmūd Pasha was one of the most active statesmen of his age, particularly well-known participating in conquering Istanbul and rebuilding the city. Because of his charity work during this campaign, he earned the title of Maḥmūd Pasha the saint (veli). His library was established in877/1472–73. Maḥmūd Pasha endowed the library with 195 manuscripts, although their names remained undocumented. However, it is stated that these manuscripts are related to 11 different sciences. I was able to identify 185 of these manuscripts according to their fields of study: Exegesis (35), hadith (57), jurisprudence (58), taṣawwuf (4), rational theology (6), philosophy (2), logic (2), astronomy (2), grammar (5), syntax (3) and dictionary (6), (probably) morphology (5). As demonstrated by the number of manuscripts, jurisprudence, hadith, and exegesis were the three most represented sciencesin the Maḥmūd Pasha Library. This can be attributed to the library’s role as a madrasa collection designed to meet the needs of madrasa students.The second collection was built by Ḥabeshī Meḥmed Agha (d. 999/1591), who marked the commencement of the so-called “age of chief eunuchs” (darüssaade ağaları dönemi) from 982/1574 to 1151/1757. In 982/1574, during the reign of Murād III (r. 1574–1595). Agha was appointed the chief eunuch and gradually became the most influential personsecond only to the sulṭān himself. He built the Ḥabeshī Meḥmed Agha Library in 1584 and donated 105 manuscripts. In an article, Berat Açıl classified the manuscripts endowed by Agha according to the classification of sciences. According to Açıl, the collection contains the following manuscripts: exegesis (14), hadith (9), ethics (2), jurisprudence (46), sirah (1), biography (2), taṣawwuf (6), eloquence (6), dictionary (13), and philosophy, rational theology, and logic (6). Accounting for almost half of all the manuscripts, jurisprudence holds the largest representation; exegesis and dictionary follow. As discussed later, over the course of a century, the three most represented sciences have been changed and replaced by other sciences. Hadith, which was the fourth most represented science, could never find a place among the top three as it was gradually replaced by dictionary over time.The Fāżil Aḥmad Pasha Library, the main subject of this article, was established by Fāżil Aḥmad Pasha (d. 1087/1676) who was a member of the famous Köprülü family. Many academics commonly regard his reign as grand vizier (1661–76) as a period oftransformation or renewal (tecdīd). Pasha knew the importance of both Eastern and Western knowledge, and he appointed politicians who had graduated from both regions to high-ranking positions. The Fāżil Aḥmad Pasha Collection is just one of three collections within the Köprülü Library. I used the collection’s endowment deed (vaḳfiyye) to determine the number of manuscripts and classify them according to the classification of sciences. The collection contains 1,397 manuscripts according to its vaḳfiyye: exegesis (155), recitation (16), hadith (218), jurisprudence (202), dictionary (49), rational theology (76), taṣawwuf (109), history and sirah (136), clear expression (maʿanī) (49), syntax (55), philosophy and logic (59), mathematical sciences (29), medicine (34), and literature (adab) (210). The three most represented sciences in this collection are hadith, jurisprudence, and literature. However, the number of manuscripts in exegesis and history and sirah is relatively comparable to the first three. Although hadith was not among the top three in the Ḥabeshī Meḥmed Agha Collection, it takes the lead in the Fāżil Aḥmad Pasha Collection. Another noteworthy difference is that literature, represented poorly in the first two collections, is one of the most represented sciences in the Fāżil Aḥmad Pasha Collection.This study also compares sciences that represented more than 10% of the collection they belong to. In the Maḥmūd Pasha Collection, exegesis, hadith, and jurisprudence were represented with 19%, 31%, and 31%, respectively. The Ḥabeshī Meḥmed Agha Collection featured exegesis, jurisprudence, and grammar-syntax-dictionary with 13%, 44%, and 12%, respectively. In the Fāżil Aḥmad Pasha Collection, a different distribution pattern is observed. Exegesis, hadith, jurisprudence, sirah-biography-history, rational theology-philosophy-logic, and literature were represented with these ratios: 11%, 16%, 14%, 10%, 10%, and 15%, respectively. Compared with the first two collections, it can safely be argued that the distribution of sciences in the Fāżil Aḥmad Pasha Collection is far more homogenous. In the Ḥabeshī Meḥmed Agha Collection, jurisprudence comprises 44% of the total manuscripts. Given that these three collections were built to be madrasa libraries, and the madrasa curriculum has various sciences, a more homogenous distribution according to the classification of sciences is crucial.There are some differences among the three collections in terms of the sciences they contain. For example, there were no manuscripts related to mathematical sciences in the Ḥabeshī Meḥmed Agha Collection and no sirah-related manuscripts in the Maḥmūd Pasha Collection. Manuscripts regarding recitation, medicine, and literature were exclusively found in the Fāżil Aḥmad Pasha Collection.To conclude, Fāżil Aḥmad Pasha seems to have taken a more conscious approach to building his library, resulting in a more homogenous collection. This aligns with his educational objectives and purposes.

Fazıl Ahmed Paşa Koleksiyonu ve İlimler Tasnifi: Karşılaştırmalı Bir Değerlendirme

Esat

Mirası Yeniden Canlandırmak: Modern Arap Şiirinde Eski Mısır Uygarlığı

Okan

Sirāj al-Dīn al-Hindī’s (d. 773/1372) Risāla fī masʼalat al-kafāʼah, was the Hanafi qāḍī al-quḍāt (chief qāḍī) during the Baḥrī/Turk Mamluk period, is a significant fiqh treatise that reflects the change in the doctrine of the Ḥanafī madhhab of equivalence in marriage. This treatise was previously published about half incomplete and attributed to another Mamluk Ḥanafī jurist, al-Qāsim b. Qutlubogā (d. 879/1474), who lived approximately a century later (al-Qāṣim b. Qutlubogā, al-Kafā’ah fī al-nikāḥ, Critical ed. Abd al-Sattār Abū Ghuddah, Beirut: Dār al-Bashāir al-Islāmiyya, 1423/2002). The reason behind the composition of Hindī’s treatise was a marriage that occurred on 27 Jumādā al-Awwal 770 (January 7, 1379). The marriage between Khond Sarah (the sister or daughter of Sultan al-Malik al-Ashraf Zayn al-Dīn II Shaʿbān ibn Husayn [d. 777/1376]) and Amīr Bashtak (a commander with the rank of “taqdimat alf”: command of one thousand/ major [d. 771/1370]) occurred at the request of the Sultan and was solemnized by the qāḍī al-quḍât Sirāj al-Dīn al-Hindī. Shortly after the marriage, several unknown jurists argued that the marriage was invalid (bâtil) according to the doctrine of equivalence of the Ḥanafi madhhab. The reason is that Amīr Bashtak, similar to all other Mamluk amīrs, was previously a slave. Mamluk historians, such as al-Maqrizī (d. 845/1442), al- ‘Aynī (d. 855/1451), Ibn Taghrībardī (d. 874/1469), Malaṭī (d. 920/1514), and Ibn Iyās (d. 930/1524), also included this marriage in their histories, albeit with a few minor differences.According to the indications identified by the study of the treatise of Hindī, the jurists who opposed this marriage based their objections, whose details were not mentioned in the sources, on a ruling in the Ḥanafi madhhab. This ruling states that “guardians (awliyā) other than father and grandfather can marry a girl who has not reached puberty to only someone who is her equal, otherwise the marriage will be invalid.” An issue in this ruling, which Hindī himself addressed, is that the bride, Khond Sarah, was married before she reached puberty, by a guardian (waliyy; her older brother Sultan II Shaʿban ibn Ḥusayn) apart from her father and grandfather, to someone who was not equal to her in terms of freedom and Muslim ancestry. Hindī felt the need to answer this objection, which was seemingly strong in jurisprudential terms, because it is based on this ruling, which was found in many Ḥanafī sources. The political sensitivity of the issue, which was due to the importance of the identities of the bridegroom and the bride, seemingly urged Hindī to consider the issue seriously.In this treatise, Hindī reinterpreted the classical Ḥanafī doctrine of equivalence within the framework of the changing political and demographic conditions in Egypt after the Mamluk rule. According to this interpretation, Hindī concludes that Amīr Bashtak was equivalent to Khond Sarah and that the marriage was valid in terms of the Ḥanafī doctrine. In reaching this conclusion, he first argued that the view that equality is not a condition is stronger in terms of evidence. Nevertheless, he did not refrain from presenting his evaluation, which includes a new interpretation of the classical Ḥanafī doctrine of equivalence, on the basis of three possibilities, taking into account the condition of equivalence in marriage.First, none of the Mamluks were originally slaves. According to Hindī, the enslavement of the Mamluks was illegitimate, because it was not conducted in accordance with Islamic law from the beginning. All of these people were free, therefore, slavery did not occur in Amīr Bashtak’s past. The second is that even if the notion that the Mamluks were slaves was generally accepted, Amīr Bashtak was free according to information given to Hindī by reliable people, because his parents were free. In this case, he was equal to his bride. Finally, the Mamluks were originally slaves, and Amīr Bashtak had a history of slavery. Hindī based his innovative interpretation of the classical Ḥanafī doctrine of equivalence on this last possibility. Accordingly, Hindī establishes that the condition of equivalence is (1) a right of the people (ḥaqqulʿibād), (2) comprehensible (maʿqūl al-maʿnā), (3) one of the provisions that can be changed according to changing conditions (i.e., time, place, and custom), and (4) the principle that acquired superiority can replace incomplete congenital superiority. Hindī bases his conclusions on the jurisprudential issues he cites from the founders of Ḥanafī school and the jurists who followed them.In the first three stages, Hindī uses the data of the uṣūl al-fiqh and reveals that the condition of equivalence is one of the provisions that is susceptible to change. In fact, the condition of equivalence can be terminated whenever a guardian gives consent. This scenario demonstrates that the condition of equivalence is one of the rights of the people instead of the right of God and is included in the category of provisions that are subject to change. Second, al-Hindī states that equivalence in marriage is not a taʿabbudī (incomprehensive) ruling but is stipulated on the basis of a reason that can be comprehended by the intellect. He identifies the reason as “removing shame from the woman and her guardians.” At this point, Hindī, who considers dawarān as one of the methods for determining the cause, confirms that the presence and absence of the condition of equivalence is in a cycle (dawarān) with a situation in which shame (to the woman and her guardians) accompanies the relevant marriage. In other words, for marriages that bring shame to the woman or her parents, the man is unequal to the woman, whereas in marriages that do not, the man is equal to the woman. Hindī’s conclusion, which is based on 40 years of personal observation and this uṣūl determination of the cause of the ruling of equivalence, is as follows: no problem of equivalence exists in terms of marriages with the Mamluks. The reason is that the notion of “bringing shame to the parents,” which causes the ruling of nonequivalence, does not exist. In the third stage, Hindī endeavors to prove that the elements of equivalence are among the provisions that may change concurrently with changes in time, place, and customs based on three jurisprudential issues under the Ḥanafī doctrine. Therefore, he argues that although all Mamluk Turks had slavery in their past and their fathers and grandfathers were non-Muslims, these issues were no longer elements of equivalence among them. In the final stage of his interpretation, al-Hindī uses the principles of Islamic jurispridence (uṣūl al-fiqh) and the method of legal derivation (al‑takhrîj al-fiqhī). Accordingly, Hindī concludes that the qualities acquired by Amīr Bashtak compensated for his lack of congenital equivalence and that equivalence in terms of the Ḥanafī doctrine in marriages with Mamluks in general and in the marriage subject to this objection in particular is not a problem.Hindī’s interpretation of the classical Hanafī doctrine of equivalence is important, because it concretely demonstrates the solution of a Ḥanafī jurist for an actual legal problem during the Mamluk period. The principles of usūl al-fiqh that al-Hindī used to solve the problem and his practice of applying them to the present case reveal his mastery of this branch of knowledge. Similarly, the method of al‑takhrīj al-fiqhī that he used in the final stage of his interpretation demonstrates his extensive familiarity with Ḥanafī jurisprudence. His interpretation of the classical Ḥanafī doctrine of equivalence is a remarkable and overlooked example of the methods and strategies by which legal changes in classical periods due to emerging new problems could be realized within the limits and possibilities of traditional jurisprudential schools.

Bir Memlük Emirinin Tartışmalı Evliliği Bağlamında Hanefî Denklik Öğretisinin Yeniden Yorumlanması: Sirâceddin el-Hindî (ö. 773/1372) Örneği

Merve

The Zen tradition defines itself as a teaching and truth that is beyond words and language. According to Zen masters, Zen truth cannot be explained in words nor be expressed in language, and neither can it be understood through the dualistic mind structure that is the basis of language. Language and words reduce Zen truth to the human world and the ordinary everyday context, which means that the truth is lost. However, the history of Zen shows that the attitude toward the sacred texts that are the product of language has not developed at all in line with the understanding that Zen is a transcendent truth beyond words. Zen uses words and language as much as any other religious tradition and constructs itself through words and language. Therefore, despite its negative attitude towards words, language, and logical thought, the concept of sacred texts has developed in the Zen tradition, and a rich corpus of sacred texts has emerged.&nbsp;The focus of the article is on the place of sacred texts in the Zen tradition, and the article will discuss how Zen’s negative attitude toward language and words has affected its conceptualization of sacred texts. The article accepts the thesis that, despite the negative attitude the Zen tradition has toward language and words, it has a basic concept of sacred texts that overlaps with other religious traditions. Like these other religious traditions, the Zen tradition also has texts that are accepted as sacred. However, the Zen concept of sacred texts has also been accepted as having its own unique aspects. In this context, the main claims of this article are that the literature on Zen sacred texts consists of two basic categories with different functions, and even though Zen negates language, it manifests itself through words and has gained a presence in history, and in the minds and lives of its accepters. In addition, the sacred texts are also ritual objects and objects of worship in the Zen tradition.The sacred texts accepted in the Zen tradition consist of two basic categories with different functions. The first category involves the texts on which the Zen tradition has been built and through which has gained existence. These are the texts of the denglu genre that contain the lineage narratives and texts of the lives and teachings of Zen masters and the texts of the yu-lu genre that contain the sermons and sayings of Zen masters, monastery rules texts, and collections of kōan. These texts are the foundation of the existence of Zen as a sacred truth. Through these texts, the Zen tradition bases its origins, history, lineage, and important figures, in short, the foundations of its existence, on Buddha and Buddha’s enlightenment. These texts not only provide Zen a reality in history but also enable Zen to become a sacred truth. The Zen that these texts create is not just a tradition that has existed in history but also a transcendent truth as the most essential and truest expression of Buddha’s teachings. The importance and sacredness of these texts also come from here, as they are the foundation of what is Zen.The second category of the corpus of sacred texts in the Zen tradition is the Buddhist texts. The Mahayana sutras, such as the Lotus Sutra, the Vimalakirti Sutra, and the&nbsp;Prajnaparamita literature, as well as the esoteric dharani and sutras, are the main Buddhist texts that Zen accepts as sacred. The main function of the texts in this category is not to provide a basis to the Zen tradition, even though Zen masters have made references to these texts in their own writings. Instead, these texts have an important place in the Zen tradition as ritual objects. Sutras in particular have been widely used in the daily, monthly, and annual ritual routines of monastic life, as well as in the rituals of the laity; these texts have also been the subject of traditional rituals involving such things as reading, memorizing, explaining, and preaching. Moreover, these texts have been used as ritual objects in rarer rituals such as burials, blood writing, and writing on the body. Esoteric texts such as sutras are considered to be texts with the power and sanctity to provide both worldly and spiritual gains, so they also have been frequently used in both monastic routines and the religious life of the laity.The Buddhist sutras, the esoteric texts, and the texts that the Zen tradition itself is based on (i.e., koans and some texts on monastery rules) and which are attributed sacredness by the Zen tradition for different reasons have not only been accepted as sacred and important but have also been ritualized and put into practice in Zen. In other words, they have penetrated the tradition in a more concrete way by becoming ritual objects. These texts have also ensured that their presence in the lives of the tradition’s accepters in a more pronounced and effective way. Monks and laity believe these texts to have a supreme power and sanctity, and therefore making these texts the object of rituals has many worldly and spiritual benefits. Thus, the texts and the teachings contained in them have become practices and rituals in the lives of Zen’s followers. Truly this situation has caused the contents of the texts to recede into the background over time, and the texts ritualized within detailed rules to have been transformed into sacred objects. In rituals such as sutra readings, sutra burials, and dharani readings, the focus is on the power and sanctity that the text has as a ritual object, rather than on what the text says. This is true for the texts on monastery rules as well, as these have become the objects of rituals because of their importance. The upavasa ritual, which was originally performed to prevent any violation of monastery rules, had begun being performed over time due to the sanctity provided by reading the rules. The fact that the texts have become ritual objects separate from their content does not mean that they are less important. On the contrary, the texts as ritual objects are believed to have the utmost importance and sanctity. They have been respected and honored for this sanctity and have been the subject of worship rituals such as offerings to sutras.

Zen ve Kelimeler -Zen Geleneğinde Kutsal Metin-

Banu

Elif

Disability, which is seen to have different definitions due to its many forms and the debates on its determination, refers to an impairment that prevents the fulfillment of the roles that should be performed depending on age, gender, and social and cultural factors for various reasons that occur before, during or after birth.The relationship between religious education and disability can be considered in two ways. First, religious education is evaluated as an element that supports individuals with disabilities and their families in the context of religious coping. The second dimension of the relationship between disability and religious education is the acquisition of basic religious knowledge by individuals with disabilities to fulfill their religious obligations, especially their worship.Formal religious education for people with disabilities can take place in special education schools in addition to ensuring the educational and social integration of students with disabilities with students without disabilities, in inclusive classrooms where they are educated and trained together, starting from the fourth grade of primary school to high school. It takes place in the curriculum (with courses on Religious Culture and Moral Knowledge, the Qur’an, the Life of the Prophet Muhammad, and Basic Religious Knowledge) until the students’ graduation. Informal religious education is given in mosques and educational institutions belonging to various non-governmental organizations, besides the Qur’an courses run within the Presidency of Religious Affairs.The Directorate of Religious Affairs (Diyanet) is one of the leading institutions providing informal religious education in Turkey. Education for people with disabilities is given by the Presidency of Religious Affairs within the scope of a general curriculum that takes into account the various groups within the framework of the Need-Focused Qur’an Courses Curriculum.3 In the program in question, there are fields such as akaid, catechism, tafsir, hadith, and siyer. Since there is no Quran course curriculum for visually impaired individuals, it can be said that Need-Based Quran Lessons Curriculum is based on these courses. However, there is also the Special Education Program of the Qur’an Courses for the Hearing Impaired. The program consists of two main courses, namely the Qur’an and Religious Studies. The Qur’an course is planned as a course to read the Qur’an, to memorize some surahs and to learn about its history. The Religious Studies course includes the subjects of faith, worship, sirah, and morality.The research was structured with a phenomenological design. An interview technique consisting of semistructured questions was used to obtain the data. The sample included students selected by snowball sampling within the scope of the purposive sampling method among students attending Qur’an courses in two districts of Üsküdar, Bahçelievler, Küçükçekmece, and Bağcılar. Between September and December 2022, 30 people, 15 hearing-impaired and 15 visually-impaired individuals (5 men and 10 women in each group), participated in the face-to-face interviews.In the study, one-third of the participants stated that they had not received religious education before the Qur’an course, and it was determined that the family was the primary source of religious education for those participants who stated that they had received religious education. It is possible to state that schools and institutions have taken second place. It is noteworthy at this point that visually-impaired individuals have more opportunities to receive religious education than hearing-impaired individuals. The main reason for this could be that communicating with a hearing-impaired individual requires more equipment than with visually-impaired individuals.The coping status of the participants with a disability varies depending primarily on whether the disability is congenital or not. Accordingly, it has been observed that individuals who are disabled from birth or a very young age do not experience the problem of accepting their disability because they do not have a different experience. However, if there are communication problems with their family and the environment, or if the attitudes of their family and the environment toward the disability are not constructive and supportive, individuals with disabilities from birth or a young age may question their disability.It is possible to say that religion and family are among the important sources of support in the process of coping with disability, and some participants stated that the Qur’an courses they received also provided support for them.In terms of coping with disability, it was understood that a significant number of the participants evaluated their disability as a motivating factor for self-improvement and thought that their situation was effective in developing empathy and sensitivity. However, it is seen that the supportive effect of the family and the environment plays an important role in the establishment of this perception and motivation.It has been determined that the participants in the research felt the need for religious education within the framework of the disability process and situation. It is seen that the need in question is felt in terms of making sense of life and disability within the framework&nbsp;&nbsp;of the belief in God and destiny, finding spiritual support, and fulfilling worship and religious obligations by improving their knowledge about religion. This situation shows that the meaning of the relationship between disability and religious education and the dimensions of religious practices should be taken into account as a whole when preparing programs for people with disabilities. When we look at the fields of knowledge needed in religious education, it is seen that the desire and need to learn to read the Qur’an is in the first place, followed by the history of the prophets, especially in the context of worship, and the need for information in various fields related to catechism and religion.According to this study, it is understood that the first information the participants found about the Qur’an for disabled people was generally obtained through friends and acquaintances, and on this occasion, they were informed about the courses. It is seen that promotional elements such as brochures are mostly accessed by the participants in formal education institutions, and a limited number of participants are aware of social media platforms.It has been determined that the participants do not have communication and approach problems with the educators in the context of the institution employees, and the educators have an empathetic, helpful, and supportive attitude. This finding can be evaluated as a positive result in terms of the efficiency of in-service training. However, although there is no general opinion, some warnings from the participants that educators should not treat themselves as mentally disabled are important for educators to pay attention to their approach. As far as communication within the institution is concerned, the relationships of students with each other can be a problem, another point that requires attention and consideration in terms of environmental effects.It has been determined that the number of participants who think that the education they receive from the Qur’an courses is most helpful in terms of teaching reading the Qur’an is quite high. In addition, some participants stated that it helps to get information in the different fields related to religion. The evaluations that the said training helps the participants not only in terms of their knowledge but also in terms of socialization and self-confidence suggest that it is important and necessary to support the inclusion of activities in the Qur’an courses for disabled individuals’ participation in life. It is seen within the scope of current research and different studies that one of the most important expectations of people with disabilities is that they are not excluded from life because of their disabilities that they see and show that there are things they can achieve despite their disabilities.In learning the Qur’an, memorization and belief principles stand out among the subjects that the participants had difficulty with in the process of religious education. In&nbsp;addition, different problems that the participants had during the education process, such as not being able to socialize, lack of resources and materials, and not being able to repeat the subject of the course, were also mentioned.It is seen that the main demand that stands out among the practices and expectations that the participants want to be developed and supported in the courses is to eliminate the material deficiencies. To meet this need, the publication of translations of the Qur’an, catechisms, and publications of the Diyanet, written or voiced in the Braille alphabet, especially by visually-impaired participants is recommended. It is also expected that audio course books will be created and recorder support will be provided. Participants want course materials and catechisms to be written in a way they can understand. The dissemination of the courses was also expressed as a common demand of the hearingimpaired participants.

İşitme ve Görme Engellilere Yönelik Yaygın Din Eğitimi Hizmetlerine Katılanların Problem ve Beklentileri (İstanbul Örneği)

Şeyma

İnam Ul Haq’ın “Pakistan’da Hadis Tartışmaları” Adlı Eserinin Değerlendirilmesi

Necmiye

Birsen Banu Okutan’ın “Balinanın Farkında: Yapı-Fail Dikotomisini Anlama Girişimi” Adlı Eserinin Değerlendirmesi

Üsame

Res. Assist.

Emmy Van Deurzen ile Claire Arnold-Baker’in “Varoluşçu Terapi” Adlı Eserinin Değerlendirmesi

Mete

Muhammed el-Ya’kûbî’nin “Şemâilu’l-Habîbi’l-Mustafâ” Adlı Eserinin Değerlendirmesi

Fatih

Zuhal Şahin, Asım Yapıcı ve Sarah Demmrich’in Editörlüğünde Hazırlanan “Sociology of Religion in Turkey” Adlı Eserin Değerlendirilmesi

Necmettin

Prof.

CALL FOR PAPER FOR SPECIAL ISSUE

“Darulfunun Theology” Special Issue (June 2025) Call for Papers

One of the requirements of the state’s positive obligations, as outlined in the constitutional texts of many nations, is the duty to “protect the family,” which includes resolving family disputes through amicable means. Recognising that strengthening the family institution is essential for reinforcing society, states have enacted the necessary legal regulations to enable the resolution of family disputes through alternative methods. Both the Ottoman Empire and the Republic of Türkiye, aware of the necessity of these methods for establishing social peace and justice, have comprehensively regulated these methods within their family law legislation. For example, during World War I, “Hukûk-ı Âile Kararnamesi,” despite being criticised for its many shortcomings due to the limited resources available at the time, included detailed provisions on the mediation-arbitration institution. Similarly, the mediation-arbitration institution was thoroughly prepared in the draft civil codes developed by the first commissions of the newly established state.The study titled “Family Mediation in Turkish Legal History from Mecelle to Present: An Analysis in the Context of Conciliatory Justice Theory” delves into the historical practises of family mediation and arbitration in the Ottoman Empire and the early periods of the Republic of Türkiye. It explores how these practises evolved from the Islamic law-based Mecelle to the modern legal frameworks, particularly within the scope of the Turkish Code of Civil Procedure. The main objective of this research is to uncover the historical roots of the current family mediation and arbitration system in Türkiye, identify the shortcomings of previous practises, and highlight their functional aspects that could be adapted to contemporary applications.This study critically analyzes family mediation and arbitration within the contexts of Islamic law, modern Turkish law, and international literature, aiming to pinpoint the intersections between these differing legal frameworks. Employing a historical research methodology, the study examines fundamental legal texts such as Mecelle, Usul-i Muhakemat-ı Hukukiye, HUMK, TMK, and HMK, alongside relevant court decisions and doctrinal approaches. Additionally, a comparative legal method was used to evaluate family mediation and arbitration theories from other countries.Findings indicate that the roots of family mediation in Türkiye historically lie within the Islamic law principles embedded in Mecelle, but these practises have undergone significant changes under modern Turkish law, particularly with the HMK. While Mecelle’s mediation and arbitration rules were primarily aimed at maintaining social peace and resolving disputes between individuals, modern practises have become more formalised and state-controlled, which has diluted the fundamental principles of mediation.In Türkiye, opponents of mandatory family mediation argue that this process unnecessarily prolongs divorce proceedings and delay access to justice. These critics&nbsp;contend that reconciliation attempts are mostly unsuccessful, that the parties are already disinclined to reconcile, and that the initiation of divorce proceedings marks the end of the marital union. Critics assert that family court judges can already attempt to reconcile the parties during the divorce process, and thus, the reconciliation attempt only serves to prolong the case and create a burden for the parties involved.However, contrary to these criticisms, proponents of mandatory mediation argue that reconciliation efforts do not prolong divorce cases and, on the contrary, play a significant role in preserving the marital union. According to the data, 67.5% of reconciliation attempts made between 1939 and 1941 were successful, resulting in the preservation of marriages during these processes. Furthermore, it is argued that the failure of these attempts is often due to the limited approach of merely asking the parties whether they will reconcile, and that a more careful approach could increase the success rate to as high as 90%. It is emphasised that reconciliation attempts generally result in only a brief delay of about ten days, which does not significantly affect the course of the divorce case, and that this short delay is negligible when considering the benefits of reconciliation.The study concludes that both the influences of Mecelle and the changes brought about by modern law coexist in the field of family mediation and arbitration in Türkiye. While the voluntary and flexible principles of Mecelle have been replaced by a more formal and state-controlled structure in modern law, the study emphasises the need to preserve the core principles of mediation, such as confidentiality and the consent of the parties. Furthermore, it suggests that current regulations, especially in family law, should be developed to be more flexible and responsive to the needs of the parties.

Family Mediation in Turkish Legal History from Mecelle to Present: An Analysis in the Context of Conciliatory Justice Theory

Hatice

The regulations concerning family mediation in Türkiye were granted a legal framework with the enactment of the Law on Mediation in Civil Disputes (HUAK) in 2012. Since the enforcement of this law, many studies have been conducted to develop a specific and effective mediation law on family law disputes. This article examines the various approaches in the existing literature on family mediation. The principles governing Turkish family law significantly restrict the scope of disputes that are suitable for mediation. Besides the ones including financial issues, almost no family law dispute is considered applicable to mediation. In its current form, the Law on Mediation has not introduced any specific regulations regarding family mediation. It merely states that disputes involving allegations of domestic violence are not suitable for mediation and that, in disputes eligible for family mediation, the examination required for enforceability approval must be conducted in a hearing. To address this limitation, some scholars have proposed a restrictive interpretation of the legal provisions on domestic violence as an impediment to mediation, limiting the concept to physical and sexual violence. Another contentious issue in the scholarly debate on family mediation is the introduction of mandatory mediation as a prerequisite for filing a lawsuit in family disputes. The Recommendation of the Committee of Ministers of the Council of Europe on family mediation emphasises that family mediation should, a rule, remain voluntary. However, the Ministry of Justice in Türkiye is working on transitioning to mandatory mediation in family law disputes. Some scholars argue that mandatory mediation could yield positive results in family law conflicts, particularly in fostering settlements before judicial proceeding starts. Others, however, contend that implementing mandatory mediation would not yield significant benefits. Among these critics, there are those who advocate for a model akin to that in England, where attendance at a mediation information and assessment meeting is mandatory before initiating a lawsuit, while the continuation of mediation itself remains at the discretion of the parties involved. Additionally, the prevailing opinion favours a court-based model over an out-of-court mediation system. Some scholars advocate for co-mediation systems that include a therapist or an expert in social and behavioural sciences, arguing that this approach would be more effective. The modern family mediation model developed in the West does not guide the parties towards reconciliation or propose solutions to prevent the dissolution of their union. Instead, the role of the modern family mediator is to facilitate communication between the parties and manage a process that renders the separation economically feasible, emotionally healthier, and less harmful for children. Family mediation, at least from the perspective of Turkish society, is perceived as a reconciliation effort aimed at preserving the unity of the family, whereas family mediation in its Western form seeks to resolve divorce proceedings through out-of-court methods, since it contributes to reducing the workload of the courts. However, it is unlikely to provide any benefit in preventing or even reducing divorces as a societal issue. The high volume of inquiries directed to the Diyanet fatwa hotline demonstrates that religious guidance could play a significant role in both preserving family unity and resolving divorce-related disputes in Türkiye. An important factor that is absent in psychological counselling and guidance but stands out in such religious guidance is the divine sanctioning power inherent in Islamic law. In Islamic law, an examination of the classical framework of family mediation-arbitration reveals a robust practice that combines mediation and arbitration processes hybrid. This approach fundamentally protects the family unit and seeks to achieve a binding resolution. Indeed, the hybrid model of mediation and arbitration as an alternative dispute resolution method is also being applied in various fields in the West today. This article argues that a more effective model in Türkiye -where most of the population is Muslim- should incorporate Islamic family mediation practices. In this model, religious leaders could participate in the mediation process and provide guidance to the parties based on the principles of Islamic law. It also highlights that by considering existing practices in various Islamic countries, a more effective mediation process could be developed that integrates the institutions of sulh (reconciliation) and tahkīm (arbitration).

Studies on Family Mediation in Türkiye: A Critical Analysis

Mohammad

Evaluation of the Jordanian Experience in Mediation and Arbitration Between Spouses

Süheyla

This article examines the family mediation model of Islamic Family Law as an alternative dispute resolution method in Jordan. This research argues that Jordan should serve as an example for studies on family mediation and models to be implemented, as it is a country with a Muslim majority population and offers a model based on its social realities. This study consists of an introductory section, including a literature review and the importance of the subject, followed by five main headings. The first heading addresses alternative resolution methods for family disputes in Jordan. The second heading examines the establishment of family reform, mediation, and conciliation offices, which are the application centres for family mediation. The third heading analyzes the working system of these offices. The fourth heading discusses the purposes and importance of the offices, and the fifth and final heading outlines the role these offices play in resolving family disputes.Different countries have varied practises for alternative resolution methods in family disputes. In Jordan, there are two methods: arbitration and family mediation. Arbitration, which was introduced in Jordan’s 1976 Personal Law, is included under the divorce section, titled et-tefrîk li’ş-şikâk ve’n-nizâ’. It has maintained its place in the personal law statutes enacted later and continues to be implemented in the same section in the most recent law from 2019. According to Articles 126 and 127 of this law, when one of the spouses applies to the court due to incompatibility and conflict, and the judge is unable to reconcile them, the case is referred to arbitrators. The arbitration process begins when the case is transferred to the arbitrators. In short, arbitration is an alternative resolution method that is fully dependent on the judicial system.Family mediation has been a global topic of interest since the early 2000s. In Jordan, the mediation law was published in the official gazette on April 30, 2003, as a temporary law for regulating civil law disputes. In 2006, the mediation law replacing the temporary law was enacted. Although mediation was part of civil law, it was not incorporated into family law until 2013. In 2014, mekâtibi’l-ıslahi ve’l-visâtati ve’t-tevfîki’l-user’î, or family reform, mediation, and conciliation offices, were established and became operational. Initially opened in pilot regions, these offices expanded as they produced positive societal results.Family reform, mediation, and conciliation offices were established under the sharia courts. Emphasising agreement and reconciliation before judicial proceedings, these offices are an important alternative method for preserving family structures in Jordanian society and resolving conflicts within families. They do not only assist couples in the divorce process. These offices provide services such as family consultations, resolving family disputes consensually, and educating those about to marry. They also aim to organise family-related courses, conduct research, and especially mediate between family members. Ultimately, the success of these offices has contributed to the restoration of marriages on the verge of collapse and a reduction in divorce rates.&nbsp;The growing influence of Jordanian family reform, mediation, and conciliation offices in society is due to the fact that their working system is based on promoting peace within the framework of Sharia principles while keeping family members as far from the court system as possible. In line with this purpose, the offices’ services preserve family privacy by resolving disputes outside court. There are two ways to apply to these offices: cases referred from the court and direct applications from the parties. One of the main features of these offices is that procedures are concluded in a short period, typically within 30 days of the application.Moreover, the family mediation model in Jordan is firmly rooted in social realities, setting it apart from the Western models of family mediation. The Jordanian family mediation experience is better suited to the society because, apart from non-Muslims, the Muslim-majority population prefers local solutions over imported European-based ones. This feature enhances the functionality of family mediation in Jordan, making it a model for other countries. In particular, countries that are newly implementing family mediation should consider the sociological, religious, and historical contexts of their populations. The study emphasises the significance of this argument in Jordan’s case.To evaluate the concrete impact of family reform, mediation, and conciliation offices in Jordan, the statistical data from the Jordanian judiciary were examined. Issues such as compensation for women in cases where husbands divorce without cause, alimony (for women, children, medical needs, education, iddah, and relatives), termination of alimony, housing fees, hidâne (custody) fees, visitation rights, prevention of a daughter’s marriage by her guardian, dowry disputes, inheritance disputes, travel permissions, financial payments, the reduction of certain rights, and various other family-related issues are discussed and resolved in family reform, mediation, and conciliation offices. In addition to the services provided before and during the divorce process, many other family matters are resolved in these offices. The study covers the issues the offices have handled since they were established, detailing the extent to which consensus has been reached on each matter, using statistical data. The results and number of applications for 2023 are also presented.In conclusion, the study makes several recommendations: First, family mediation based on the consent of both spouses should be implemented, as the willingness of the spouses to mediate will facilitate the resolution of disputes. Second, following Jordan’s example, family mediation should not rely on a single field expert. Mediators from theology, psychology, sociology, and law should be available, with relevant experts consulted depending on the nature of the dispute. This multidisciplinary approach will result in a more comprehensive application. Third, confidentiality must be strictly observed duringmediation. By adhering to this principle, the parties will feel more comfortable revealing the source of their issues, enabling the mediator to find more effective solutions. Fourth, as in Jordan, couples should be able to sign the mediation results and submit them to the enforcement authorities. If one party fails to comply with the agreement, the other should be able to file a claim. Fifth, family mediation should not be expensive or cost-prohibitive, as is the case in some countries like France. Instead, it should be free of charge or lowcost, as high fees would limit demand and reduce the influence of mediation.

Family Mediation in Jordan

Hendun

Mustafa

Norfadhilah

Mediation and Sulh as an Alternative to Litigation: A Study of the Syariah and Civil Courts Practices in Malaysia

Ahmad

Legal Framework and Implementation Of Mediation In Child Custody Disputes At The Syariah Court Of Malaysia

This study examines the use of mediation in resolving family disputes, with a particular focus on practises in Morocco. The study consists of an introduction and four main sections. After defining family mediation in the introduction, verses from the Qur’an and hadiths praising the act of reconciling between people are cited. Following this, the importance of family mediation, family mediation activities in Morocco, challenges faced in family mediation in Morocco, and an exemplary family mediation model are discussed in order.Mediation in resolving family disputes plays an important role in preventing the breakdown of society and preserving family unity. Family mediation is a method aimed at resolving disputes between parties quickly, reliably, and at a low cost. In this process, decisions are made not by a third- party but by the individuals experiencing the conflict themselves. Mediation allows parties to set their own agenda and address issues from an emotional perspective. The active role of the parties in resolving disputes and making their own decisions increases their self-confidence. The goal of mediation is to move away from a win-lose mentality and establish a balance that provides mutual gain between the parties, resolving conflicts amicably. This feature of mediation makes it an effective and successful alternative method, especially in resolving issues between spouses.In Morocco, family laws enacted in 1958 and 2004 made it mandatory for courts to apply conciliation procedures in divorce cases. However, these conciliation procedures are insufficient in regulating the relationships between spouses and preventing the breakdown of families. Therefore, new methods of resolution are needed in Morocco to reduce divorces by resolving domestic disputes. At this point, civil society organisations play a crucial role. In Morocco, the mediation methods used in resolving family disputes are primarily conducted by civil society organisations. In addition to providing mediation services for family issues, these organisations conduct educational and awareness programmes for family members. Some civil society organisations providing family mediation services in Morocco include Shebeketu Sheml, Merkez al-Istimaa wa’l-Irshad al-Usari, Jamiyyat al-Betoul, and Jamiyyat as-Safa. These organisations, supported by various experts, assist family members in making healthier and more informed decisions in resolving family disputes.Legal and practical difficulties are encountered in the implementation of family mediation in Morocco. One of the main obstacles is the lack of legal regulations concerning family mediation. The absence of direct and explicit provisions regarding mediation in the Moroccan Family Code prevents mediation practises from gaining an institutional identity. Moreover, the insufficient development of public awareness regarding family mediation makes it difficult for this method to be adopted. On the other hand, although civil society organisations strive to effectively implement family mediation, they do not receive sufficient material and moral support. This situation negatively affects the sustainability of the mediation services. The lack of continuous support from official bodies, especially financially, disrupts the mediation services provided by civil society organisations and, in some cases, even causes these services to cease.Morocco has gained various experiences in its efforts to activate the method of family mediation in resolving disputes among family members. This study argues that the positive and negative experiences Morocco has gained in this field will guide in forming an exemplary family mediation model. The negative factors that prevent family mediation activities in Morocco from achieving the desired level of success and becoming widespread across the country indicate that these deficiencies need to be addressed when creating an effective family mediation model. In addition, the efforts of civil society organisations in Morocco to develop family mediation and their significant success in mediation initiatives among family members demonstrate the great value of these organisations’ experiences. Indeed, gaining the support of civil society organisations is indispensable regarding communicating with people and embedding family mediation in society. Based on these arguments, the following measures should be taken while establishing an effective family mediation system: First and foremost, a comprehensive and clear legal framework for family mediation should be established. Legal regulations should detail all stages, from initiating the mediation process to the legal binding nature of its outcomes. In societies where this method is not widespread, recourse to mediation should be made mandatory, and separate mediation offices under the authority of the judiciary, yet independent of the courts, should be established for these processes. The establishment of officially recognised mediation centres will enhance the institutional applicability of these services. The provision of professional and impartial services by these centres will ensure that the process protects the rights of the parties and achieves a fair outcome.Comprehensive training programmes should be developed to ensure that mediators have professional competencies, and certification processes should be standardised. These training programmes should include legal knowledge, family dynamics, psychology, and effective communication skills. The continuous monitoring and evaluation of the quality and effectiveness of mediation processes will be an important factor in increasing the success of the model. Additionally, supporting civil society organisations alongside official mediation offices will contribute to resolving disputes outside the courts and reducing the burden on the judiciary. A gradual approach can be adopted in this context. Initially, organisations capable of resolving disputes outside the court should be supported, and if disputes are brought to court, family mediation offices within the judiciary should be activated. Moreover, awareness must be raised for the community to recognise mediation as an effective method for resolving family disputes. Therefore, awareness campaigns, educational programmes, and community events should be organised through media campaigns. Ensuring that mediation services are accessible to all segments of society, keeping costs low or offering them free of charge for certain groups, will contribute to the process becoming more widespread. Furthermore, the mediation process should be aligned with societal and cultural values, and structured considering local norms. In Türkiye, the proposed family mediation model can be implemented with the support of existing institutions and organisations. As in Morocco, the support of civil society organisations (CSOs) is crucial for the effective implementation of family mediation in Türkiye. On the other hand, since provincial mufti offices in Türkiye are recognised as religious authorities, establishing Family Mediation Offices within these mufti offices could be effective in resolving family disputes and reducing divorces. Applications to the Directorate of Religious Affairs show a societal need for such a service.

A Model of Family Mediation Developed Based on Experiences From Morocco

Fulya

The increase in divorce rates has become a significant issue in almost every society worldwide, and the resulting heavy caseload in courts has led to serious sociological and legal consequences. The inability to resolve disputes in divorce cases for many years prevents justice from being timely and properly administered, adversely affecting not only the parties involved but also all individuals directly or indirectly associated with them. This situation can lead to broader social problems and weaken the family structure within societies. Based on these realities, various academic and administrative studies conducted towards the end of the 20th century revealed that traditional judicial methods were not sufficiently effective in resolving family disputes. In contrast, these processes were found to intensify conflicts further. Consequently, there emerged a strong tendency to favour alternative dispute resolution methods, such as family mediation, over existing methods. In line with this trend, the Council of Europe issued a recommendation advocating the use of family mediation in family disputes. This recommendation gained widespread acceptance across Europe, and family mediation practises quickly became integrated into legal processes and widely adopted. Within this context, it is planned that family mediation will be incorporated into the legal system in Türkiye as an alternative method.Türkiye has traditionally achieved European standards in its legal and social development over the past century. As a result, European models could be employed in the mediation practises expected to be implemented in the country. However, Westernoriginated mediation models, particularly divorce mediation, primarily focus on protecting individual interests to the highest degree and alleviating the caseload on courts. There is considerable debate over how compatible this model is with Türkiye’s cultural and social structure. The family structure in Turkish society is shaped by Islamic law and traditional values. Islamic law plays a crucial role in the formation and maintenance of the family. Some studies on this subject suggest that, due to this fundamental difference, a unique mediation model that aligns with Türkiye’s cultural and religious structure needs to be developed. Accordingly, it is argued that a mediation method compatible with Islamic teachings and systematised according to these principles would be more appropriate for addressing the issues and meeting the needs of the Turkish society. Furthermore, adopting an approach that considers cultural sensitivities in the preservation of family unity and the administration of justice in divorce processes would contribute to making the legal system more harmonious with the societal structure.&nbsp;It is recommended that legislators take these discussions into account and develop a mediation model suitable for Türkiye’s sociological and cultural realities. In this context, a project titled “Family Mediation-Arbitration in Islamic Law and Contemporary Practises” has been carried out by academics and students from the Department of Islamic Law at Istanbul University to explore the applicability of Islamic mediation models in Türkiye. Supported by TÜBİTAK, this project conducted extensive research based on the premise that mediation-arbitration practises rooted in Islamic law norms are more compatible with Türkiye’s sociological structure compared to European models. In this context, the family mediation-arbitration practises of Muslim communities in various countries such as the United Kingdom, Malaysia, Morocco, Egypt, Jordan, Saudi Arabia, and the United States were investigated. Among these countries, the practises of Malaysia, where modern law and Islamic law are applied together, and the United Kingdom, a secular state that allows its Muslim minority to resolve family issues within the framework of Islamic law, were closely examined through field research.The findings of the project will be shared with relevant institutions such as the Ministry of Justice, the Mediation Department, the Ministry of Family and Social Policies, and the Family and Religious Guidance Department under the Presidency of Religious Affairs. This will contribute to providing model examples for the family mediation expected to be implemented in Türkiye in the near future and to taking concrete steps to enhance the applicability and social acceptance of Islamic family mediation based on Islamic law in Türkiye.In this context, the practises of Saudi Arabia, where organising the legal system and legal practises according to Sharia principles is a constitutional requirement, present a noteworthy model. Accordingly, our study examined the historical development, operational structure, institutional frameworks, and integration of family mediation and arbitration processes into the legal system in Saudi Arabia, reaching the following summarised conclusions:In Saudi Arabia, mediation and arbitration are implemented as two separate methods. These practises have been established as a legal obligation tied to adherence to Islamic principles, with peaceful resolution aimed at preserving family unity as the primary goal. In recent years, changes in the legal system have contributed to the creation of the necessary administrative structures for the more effective functioning of mediation and arbitration processes.Arbitration is carried out as a judicial practise under the supervision of the courts and involves a formal legal process. It allows for the detailed and meticulous examination of disputes between spouses, contributing to a more efficient functioning of the judicial process. This method, which eases the workload of judges, enables a thorough handling of disputes between the parties. However, no concrete and lasting evidence has been found that arbitration provides significant and lasting contributions to the preservation of family unity. Although a specific regulation governing arbitration has not yet been established, the reasons for resorting to arbitration and the powers of arbitrators are defined in the Ahvâl-i Şahsiyye regulations. This regulation can be considered an important step towards developing a more systematic and institutional structure for arbitration.On the other hand, mediation is more flexible and can be applied in both judicial and non-judicial processes. Judicial mediation is conducted under the supervision of the courts, while non-judicial mediation is carried out by private institutions and independent mediators in collaboration with the courts. Unlike judicial arbitration processes, mediation is conducted with the cooperation of the state and civil society organisations to meet the needs of society. This cooperation helps mediation reach a broader audience and plays an important role in ensuring social peace. Civil society organisations serve as supporting institutions in these practises, which have been integrated into the state’s judicial system, thereby contributing to the effective implementation of mediation both at the official and social levels. This approach demonstrates that a balance has been struck in Saudi Arabia’s family mediation and arbitration processes between preserving Islamic values and meeting societal needs. Official statistics and reports from mediation associations show that mediation has been successful in preserving family unity and resolving disputes between parties.Due to the lack of comprehensive scientific studies on official mediation that have emerged in the last decade, the exact content of the reconciliation methods used in mediation centres has not been fully determined. However, the following conclusions have been clearly reached: the organisation of mediation practises in Saudi Arabia under the condition that they do not contradict Islamic Sharia, the obligation of mediators to adhere to Sharia, and the requirement for them to be well-versed in the relevant sections of Islamic law clearly indicate that the Saudi Arabian mediation-arbitration model is based on Islamic law. Additionally, these practises, which are organised in a manner consistent with the customs and traditions of Muslim society, are shaped with consideration for the requirements of the modern world and scientific developments.The family mediation-arbitration model in Saudi Arabia provides an important example for all Islamic jurists regarding how the classical period rules of Islamic law have been updated and applied in the modern era, and how these practises have been adapted to the scientific developments and societal needs of the modern world. The findings of this study offer significant data for jurists who advocate that the family mediation expected to be implemented in Türkiye should be structured according to Islamic principles in a manner that aligns with the beliefs and customs of the Muslim community. These findings reveal the possibility of designing Türkiye’s mediation practises in a manner similar to the Saudi Arabian model, based on Islamic law principles and simultaneously addressing the needs of the modern world.

Family Mediation and Arbitration Practises in Saudi Arabia

Hüseyin

In accordance with the religious responsibility imposed on Muslims through the Quran and the Sunnah, having the judiciary and administration of Muslims be in accordance with Islamic law is an issue upon which Islamic scholars agree. The application of the mediation method offers the opportunity to fulfill this religious responsibility in countries not governed by Islamic law. The mediation method contributes to making Islamic law effective and is important in this respect. The scope of mediation does not cover matters that do not require a judicial ruling, such as worship. In addition, having the mediation method that is to be applied according to Islamic law also fall within a framework permitted by the legislation of the country where it will be applied is important. Otherwise, trying to apply a parallel judicial method contrary to a country’s legislation is not acceptable in terms of Islamic law as this will lead to undesirable results.&nbsp;&nbsp;Every Muslim needs to apply to jurisprudence based on Islamic law, whether or not they are in a country that adheres to Sharia law. A mediation method carried out in accordance with Islamic law replaces the authority of Sharia for Muslims living in countries not governed by Islamic law. According to Islamic law, mediation is mandatory for those who live in a country where Islamic law has no jurisdiction. This is because applying the jurisprudence of Islamic law is incumbent upon a Muslim. In cases where this is not possible, mediation in accordance with Islamic law is to be resorted to. Previous scholars have stated that referring to scholars is necessary in order to rule on a case in accordance with Sharia rule when an imam is not present, and this is expressed in the principle of the guardianship of the scholars.No need exists for mediation in matters that do not require judicial ruling, such as worship, avoiding haram acts, and financial transactions where rights are clear and certain. Such provisions can be applied individually by a Muslim. Scholars disagree on the scope of mediation under Islamic law, but they agree that it is permissible with regard to financial matters and not permissible regarding public rights such as criminal law. In cases where Islamic jurisdiction is not available, the scope of arbitration is limited to the extent permitted by the laws of the country. Mediation is permissible in areas where the state allows arbitration. Meanwhile arbitration is not permissible in areas where the state does not allow it, because resorting to mediation in such areas will expose Muslims to the accusation of rebelling against the law and being separatists.In the ninth conference session of the Islamic Fiqh Council, the council decided that arbitration is permissible for everything involving a pure human right, such as sales, marriage, and the like. This is because persons’ rights are legislated for their benefit, and they have the option if they wish to fulfill or ignore it. Thus, arbitration is permissible here. Arbitration is impermissible in everything that is rightful to God Almighty, such as punishments. Matters in which a ruling requires proving or denying a ruling with regard to non-litigants over whom the arbitrator has no jurisdiction are also not permissible for mediation, such as a curse due to the right of parentage over a child being linked to the child.The jurisprudential differences regarding when arbitration is permissible do not have a great impact for Muslims who live outside Islamic lands because the matter ultimately depends on what the laws of their country allow regarding arbitration. This is a wide opportunity for Muslim jurists and experts to learn about everything where laws permit arbitration.As for the person who should arbitrate in the cases of Muslims living outside the lands of Islam, the scholars’ statements agree that Muslims outside the lands of Islam must gather with their scholars and refer to them on all matters and make one of them an arbitrator. Some researchers have called this the principle of the guardianship of scholars. This principle does not mean the multiplicity of political authorities in one country. Rather, what is meant is for Muslims outside the lands of Islam to unite under their scholars. The decisions of the European Council for Fatwa and Research has stated that parties may choose one arbitrator, either a man or woman, or an arbitration panel of several individuals, and their number must be odd in number so that they can make the decision by a majority vote. The arbitrators are required to have knowledge of Sharia rulings and applicable laws and to be known for their integrity and uprightness. The European Council for Fatwa and Research has issued a list of executive procedures and legal provisions for arbitration with the aim of applying them regarding Sharia arbitration in countries not governed by Sharia law. The list includes the terms and scope of arbitration, the qualities and appointment of arbitrators, the arbitration instrument (i.e., arbitration charter party, arbitration contract), methods of ruling, procedures, and evidence in arbitration. The list also addresses issuing, communicating, and enforcing the arbitration award, as well as setting it aside, implementing the executive form of the award, and appealing an arbitration award.Muslims living in countries not governed by Islamic law should request comprehensive provisions and laws that consider their religious characteristics from the countries in which they live and to give them the authority to resolve their problems in all areas through arbitration in compliance with Sharia law.For countries not governed by Sharia law to have Islamic arbitration institutions that conduct sharia arbitration in Islamic cases is important. This institution includes scholars in Sharia, each of whom specializes in one of the fields in which arbitration can be conducted. These institutions should be based on specific regulations and instructions based in line with how they are governed.

Concerning The Application of Mediation in Accordance with Islamic Sharia in Countries That Are Not Governed by Islamic Sharia (Rule and Scope)

Salaheddin

Family arbitration is one of the alternative dispute resolution methods recognised in Islam. It has gained significant importance among Syrians after the Syrian revolution in 2011, as displacement and war led to the fragmentation of the social fabric and an increase in family-related issues, including divorce and financial disputes. In Türkiye, home to millions of Syrian refugees, family arbitration centres have emerged as a practical solution to restore family stability and alleviate the burden on courts.The Legitimacy of Arbitration and Its Importance in Resolving DisputesThe legitimacy of arbitration in resolving marital and family disputes is firmly rooted in the Quran and Sunnah. One notable reference is the Quranic verse:&nbsp;“And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them.” (Surah An-Nisa: 35).In the Syrian context, the need for arbitration has increased significantly following the collapse of official judicial institutions and the difficulty of accessing courts, particularly in conflict zones and host countries. Arbitration provides privacy, expedited processes, and amicable solutions that satisfy both parties, making it a practical alternative to traditional courts.Reasons Syrians Resort to Family Arbitration&nbsp;1. Confidentiality: Many Syrians prefer arbitration to maintain the privacy of marital disputes, avoiding public exposure in courtrooms.2. Speed of Resolution: Arbitration bypasses lengthy legal procedures, with most cases resolved in one or two sessions.3. Preserving Relationships: By relying on mutual consent and the acceptance of the arbiters’ decisions, arbitration reduces hostility between parties. 4. Preserving Identity and Values: Arbitration enables Syrians to resolve disputes in accordance with Islamic principles and societal values. 5. Avoiding Divorce: Arbitrators strive to consider divorce only as a last resort, enhancing the chances for reconciliation and continuity of marital life.&nbsp;The Reality of Family Arbitration in TürkiyeFamily arbitration centres have been established in several Turkish cities where Syrian refugees are concentrated. A notable example is the Family Reform Centre in Gaziantep, managed by the Syrian Scholars Association. In 2019, the centre documented 208 cases, including:<ul><li>&nbsp;Forty nine cases of separation due to discord.</li><li>Thirty seven cases of reconciliation between spouses.</li><li>Ninety four other various disputes.</li></ul>These centres offer services such as spousal reconciliation, divorce documentation, financial dispute resolution, and psychological and social support.Challenges and Common Issues1. Unregistered Marriages: Many Syrian marriages are not officially registered in Turkish courts, creating legal and social challenges such as wives losing their legal and Islamic rights. While marriage in Syria was documented in Sharia courts, ensuring legal protection for both parties, the lack of such documentation in Türkiye has weakened these safeguards.2. Financial Disputes and Alimony: Many wives face delays or complete lack of alimony payments following divorce, worsening the economic burden on families, especially in refugee conditions. 3. Child Custody and Visitation: Disputes over child custody are frequent and require clear legal frameworks, often absent due to the differing laws between Syria and Türkiye. 4. Differences Between Syrian and Turkish Laws: Legal discrepancies pose significant challenges to the enforcement of arbitration decisions, especially as the Turkish authorities do not formally recognise arbitration centres.Case Studies from Arbitration Centres The Case of Samar:Samar married according to Islamic rites and had two children. Her husband emigrated to Europe and could not return. She sought assistance from an arbitration centre, which deemed the marriage untenable and referred her case to the Sharia court in Azaz, which ruled in favour of separation. Samar remarked: “Without the intervention of the arbitration centre, I would not have been able to obtain a divorce. They helped me free of charge.”The Case of Iman: Iman, a young woman in an unregistered Islamic marriage, faced issues with her husband, who was imprisoned on criminal charges. She turned to an arbitration centre, which recommended separation and referred her case to the Azaz court. Iman stated: “The centre was a lifeline that saved me from prolonged suffering without a divorce, especially since Turkish courts do not recognise my unregistered marriage.”&nbsp;Importance of Arbitration in Host Countries These cases demonstrate the pivotal role of arbitration centres in providing practical and flexible solutions to marital disputes, contributing to the following: <ul><li> Reducing the negative impact of family disputes on children. </li><li> Offering a legal alternative that respects the cultural and religious values of the Syrian community. </li><li> Raising community awareness of family rights and responsibilities.</li></ul>Challenges Facing Arbitration Centres 1. Lack of Funding: Many centres operate with limited resources, hindering their sustainability and ability to expand. 2. Shortage of Qualified Personnel: There is a pressing need for arbitrators with expertise in both Sharia law and legal systems. 3. Lack of International Recognition: The absence of formal recognition for arbitration centres limits the enforceability of their decisions. 4. Legal System Discrepancies: The conflicting legal frameworks between Syria and the host countries complicate arbitration procedures. 5. Difficulty in Enforcement: Even after decisions are issued, parties may refuse to comply. 6. Lack of Awareness: Many refugees are unaware of the significance of arbitration as a judicial alternative.Proposals to Strengthen the Role of Arbitration 1. Sustainable Financial Support: Ensuring consistent funding to expand arbitration services. 2. Qualified Personnel Training: Developing training programs for arbitrators that combine expertise in Sharia and legal systems. 3. Collaboration with Turkish Authorities: Enhancing cooperation to ensure the recognition of arbitration decisions. 4. Raising Awareness: Educating the refugee community about the role of arbitration as an alternative dispute resolution mechanism. 5. Unified Legal Framework: Establishing regulations that align arbitration centers’ work with Sharia and personal status laws.Legal Implications of Arbitration Decisions <ul><li>Arbitration decisions can be translated and submitted to Turkish family courts if the marriage is officially registered. </li><li>For unregistered marriages, cases are referred to Sharia courts in Syrian oppositionheld areas. </li><li>Turkish authorities do not accept documents issued by courts in opposition-controlled areas, often forcing Syrians to deal with Syrian regime consulates.</li></ul>Conclusion Family arbitration among Syrians in Türkiye has proven effective in resolving marital disputes and mitigating the impact of the Syrian conflict on families. It offers a practical alternative that respects Islamic values and provides flexible solutions tailored to refugees’ needs. However, to enhance its effectiveness and sustainability, there is a pressing need to improve funding, achieve international recognition, and develop comprehensive legislation.Recommendations 1. Drafting a unified arbitration law based on Islamic Sharia, aligned with personal status laws, and recognised locally and internationally. 2. Developing arbitration expertise through training programs that integrate Sharia and legal knowledge. 3. Building international partnerships to enhance the recognition of arbitration decisions. 4. Establishing sustainable funding mechanisms in collaboration with donors and waqf institutions. 5. Using digital systems for remote dispute resolution and case documentation. 6. Launching community awareness campaigns to educate refugees about arbitration centres and their legal rights.7. Ensuring the independence and integrity of arbitration centres through ethical oversight. 8. Expanding the jurisdiction of arbitration centres to cover family, commercial, and property disputes. 9. Aligning arbitration decisions with international standards to facilitate global recognition. 10. Promoting reconciliation and flexibility within Islamic principles to achieve justice and social acceptance. These recommendations develop arbitration as a sustainable and equitable solution that meets the needs of refugees and addresses the challenges faced by host countries.

Family arbitration among Syrians in Türkiye

Fezanur

Many Muslim and non-Muslim states apply Islamic law. This practise has sometimes been through sharia law, as in Islamic countries, and sometimes in non-Muslim countries as an alternative dispute resolution to the legal problems of Muslims. In real life, family law is one of the most important issues where Islamic law is applied. Especially divorce cases are an issue that causes serious disputes between the parties because the woman does not have the right to divorce. Although it is relatively easy to solve such disputes in countries where Sharia is applied as a legal system, it is quite difficult to solve these problems in countries where Muslims are in the minority and ruled by a secular legal system. Because the right of talaq is given only to the husband, when a woman wants to divorce, she is trapped in her marriage. The solutions that this woman can produce within the secular legal system are also very limited. While in other religions, the right to divorce is also given only to the husband, the fact that they have state-recognised religious authorities to whom they can apply has made this problem relatively solvable.Within the scope of this article, the Netherlands, a country where Muslims are in minority, will be analysed. The subject of arbitration and mediation related to the Netherlands has not been studied in Turkish before. In this respect, our study, which has a unique characteristic, will be a resource for Muslims in the Netherlands, especially Turks, to solve their problems. For this purpose, first, the problem has been identified by literature review and then the solution suggestions that can be applied to this problem have been presented.In the Netherlands, there are official religious authorities (arbitration boards) of the Jewish and Christian communities in divorce cases. These authorities play an active role in the finalisation of religious marriages and divorce processes. In Judaism and Christianity, divorce is very limited and subject to strict rules. It is sometimes very difficult and sometimes impossible for the parties to divorce. The reason for divorce must be based on solid grounds recognised by religious texts. While it is relatively easy for the husband to divorce, when the wife wants to divorce, her fate lies between her husband’s two lips. This victimisation of the woman is tried to be solved by the religious councils of these religions, at least with minimum victimisation of the woman. Of course, this opportunity is offered to women by religious authorities recognised by the state. The history of these authorities dates back to very old times. Since most population is Christian, religious authorities belonging to this religion already exist. Since the Jews also have a very old history in the Dutch territory (approximately 17th century), they established religious authorities immediately after they settled there and have continued their religious courts until today.However, there is no similar state-recognised religious authority for Muslims. This situation causes serious problems, especially for Muslim women in the divorce process.Because when a Muslim woman wants to get divorced when her husband refuses, there is no authority she can apply to, no authority that can offer a solution. Her only remedy is to convince her husband and get talaq. If she is lucky, she may be able to persuade the opposition. This helplessness of Muslim women ranks high as a social problem that needs to be solved in the Dutch society. Because the Netherlands is a country that receive significant immigration and where the Muslim population lives densely. Accordingly, it is essential to establish a religious authority recognised by the state. However, this authority does not currently exist in the Netherlands.Women who are trapped in marriage try to solve this problem sometimes by local imams, sometimes by NGOs and sometimes by law, but no permanent solution emerges. The solutions offered by the imams are insufficient as they have no legal sanction authority. Although the efforts of NGOs are valuable in providing religious and legal support, they are insufficient and not permanent solutions since they lack the authority to compel the husband to grant a divorce. Another authority that a woman in this situation can apply to is the Dutch courts. However, since the Dutch courts are organised according to the secular legal system, they do not directly recognise Islamic law. However, based on international legal values such as women’s rights and freedom of religion, they sometimes take Islamic family law into consideration. In this context, in some cases, courts may force husbands to divorce to meet women’s demands for divorce. In fact, they impose monetary penal sanctions on the husband who does not grant a religious divorce. However, such decisions taken by the courts only provide temporary solutions in individual cases and do not address the lack of a general system. Therefore, to overcome these difficulties in the divorce process of Muslim women, an official Islamic authority should be established in the Netherlands. This authority should be authorised to apply Islamic family law and deal with the divorce requests of Muslim women fairly. The existence of such an institution will accelerate the process of women terminating their religious marriages and provide legal security. Within the scope of this article, the official institutions that other religious groups apply for divorce cases and their history, the ways that Muslims can apply for divorce and whether these ways are sufficient or not, and solution suggestions regarding the problems faced by Muslim women in divorce cases will be presented.

Termination of Marriages through Arbitration in Countries Where Muslims Are a Minority and the Challenges Encountered: The Case of the Netherlands

Yasemin

An Overview of Islamic Dispute Resolution in the United States

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Mehmet

Introduction Ascending to the heavens to approach God is a phenomenon observed in many religions and mystical traditions. Those who embark on this spiritual journey are primarily prophets, as well as distinguished people known as awliya’, saints, and even certain kings. Among the prophets, Hazrat Muhammad, Idris, Abraham, Moses, and Jesus are attributed with having ascended to heaven. Likewise, Zoroaster, Mani, Buddha, and St. Paul recount experiences of such an ascension in various religious texts. The concept of the Mi’raj, the event where Prophet Muhammad ascended through the seven layers of the heavens, is associated in Sufism with the process of transcending the seven levels of the self to attain spiritual perfection. This inward journey, called sayr-i suluq, aims to build the self through moral virtuosity. However, this inward journey differs from a Sufi’s journey to the metaphysical realm at the level of contemplation. The Prophet Muhammad’s (pbuh) experiences during al-Mi’raj, where he witnessed paradise, hell, and al-A’raf as he ascended to the highest station to receive divine directives and prohibitions and subsequently convey these revelations to humanity, have significantly influenced the mystical journey of Sufis into the metaphysical realm. Indeed, figures such as Bayezid al-Bistamī (d.234/848 or 261/875) and Ibn al-’Arabī (d.638/1240) expressed having undertaken such a spiritual journey. Al-Muhāsibī and Kitāb al-TawahhūmHārith al-Muhāsibī (d.243/857) was an important theoretician of Islamic Sufi thought. He made significant contributions to his era through seminal works delineating the tenets of virtuous conduct and Muslim identity and influenced subsequent scholars and intellectuals. While his most famous work is Al-Riāyah, his most elegant work is Kitāb al-Tawahhūm, which stands out for its eloquent prose reminiscent of poetry.The term al-tawahhūm (مهوتلا) as elucidated in dictionaries conveys the act of imaginatively conceiving of something, whether real or hypothetical, and shaping it within the confines of the mind. In a broader context, al-tawahhūm entails the imaginative contemplation of thoughts arising within the heart. Hārith al-Muhāsibī also evaluated the term al-tawahhūm within this framework and constructed an imaginary journey about the afterlife. In his work, he vividly narrates a spiritual journey to the metaphysical realm, presenting it in a unique and original manner. However, this journey must be distinguished from the inward journey of self-construction known as sayr-i suluq in Sufi terminology, because the journey in al-Muhāsibī’s work takes place beyond the human being, more precisely in the realm of imagination.On the other hand, Kitāb al-Tawahhūm can also be seen as a reaction to the pressure, marginalization, and societal isolation policies imposed by Ahmad ibn Hanbal (d. 241/855) and his followers against those who did not share their views. It can also be considered a silent outcry against injustice and a ray of hope for the oppressed.&nbsp;Al-Muḥāsibī exhibited an influence on al-Ghazālī (d.505/1111) regarding the subject of death and the afterlife. As Margaret Smith, (2002) emphasized in her work “The forerunner of al-Ghazali”, al-Ghazālī had assimilated various sections of Al-Durrat al Fāhirah and the chapter titled “Kitāb al-Zikr al-Mawt wa mā Ba’dehū” in the tenth book of the Ihya based on al-Tawahhūm. Al-Muhāsibī employed the term tawahham [imagine] to captivate the attention of the interlocutor, whereas al-Ghazālī generally preferred the word tafakkar [think], only occasionally using tawahham. Hence, akin to his other literary contributions, al-Muḥāsibī had substantively enriched al-Ghazālī’s intellectual perspective through Kitāb al-Tawahḥūm. Experiences During and After DeathIn the work Kitāb al-Tawahhūm, al-Muhāsibī eloquently describes with an aesthetic perspective the journey of human life that begins with death and ends in heaven or hell. He presents the stages of human existence (i.e., birth, worldly life, death, the grave, resurrection, sirat [the bridge], and hell or heaven) as phases of a journey. Grounded in Qur’anic verses and hadiths, he skillfully portrays the terrors and joys of death and the afterlife. His narrative encapsulates the moment of death, wherein he vividly describes the encounter with the angel of death and portrays the pain of death as if he himself were experiencing it. Subsequent to interment, al-Muhāsibī vividly describes the arrival of the angels of interrogation, and the opening of a door leading to either heaven or hell depending on the individual’s answers. He then depicts lively scenes of the resurrection and the Day of Judgment, portraying everyone’s preoccupation with their own troubles as the sky splits open and the sun approaches people. He beautifully conveys people’s desire for a quick reckoning in order to get rid of this troublesome situation. Al-Muhāsibī captures the psychology of those crossing the bridge, the cries of those cast into hell, and the unanswered pleas for help, inviting the reader to contemplate on these difficult situations. He depicts the blissful lives of those who overcome this difficulty and enter paradise and its various flowing rivers, depicting the joy-filled existence in the splendid palaces promised to them. The narrative delicately balances the emotions of fear and hope while describing the afterlife and emphasizes the importance of having an honest personality while still in the world.Al-Muhāsibī artfully embellishes the imaginary journey into the metaphysical realm, immersing the reader into the events and providing a sense of living through them. Starting from the moment of death, al-Muhāsibī narrates the events to be encountered &nbsp;in the grave, the resurrection, crossing the bridge, and experiencing hell and heaven by drawing inspiration from ayahs and hadiths. Rather than merely enumerating these sources, he integrates them seamlessly into the narrative, infusing each element with profound meaning. His examples illustrating the challenges of the events after death are particularly compelling. After the great reckoning, the swift passage of those whose deeds are favorably acknowledged from the right through the bridge and leading them to happiness in paradise enhances the hope for mercy. Meanwhile, the punishment of falling in to hell for those individuals whose deeds are presented from the left and behind encourages a reflection on rectifying one’s actions and on becoming an honest individual during one’s earthly life. The attainment of the promised magnificent blessings by the inhabitants of paradise and the confrontation of the damned with the dreadful torment they were warned about instill an understanding of the importance of not hurting anyone’s feelings during the life of this world. ConclusionIslamic Sufi thought has established a relationship between the seven layers of the heavens through which the Prophet ascended during al-Mi’raj and the seven levels of the soul traversed by a spiritual aspirant (Salik). The practice of sayr-i suluq, undertaken with the aim of attaining closeness to Allah, is considered a spiritual journey of ascent. However, this is an inward journey. In addition to this, it also involves an outward journey through the metaphysical realm using the power of contemplation, which is recognized as another manifestation of the spiritual journey of ascent. As a matter of fact, esteemed figures such as Bayezid al-Bistamī, the Sultan al-Ārifin, and Shaykh al-Akbar Ibn al-’Arabī have asserted their personal experiences with this spiritual journey of ascent. Hārith al-Muhāsibī, through his enthusiastic narrative in Kitāb al-Tawahhūm, also aligns himself with the ranks of the sage scholars who’ve embarked on an imaginative journey into the metaphysical realm. Al Muhāsibī’s Kitāb al-Tawahhūm is also among the sources that nourished al-Ghazālī’s ideas.In Kitāb al-Tawahhūm, al-Muhāsibī takes his companion on a tour of heaven, hell, and al-A’raf (purgatory, a place between heaven and hell). These themes have also been explored in the works by Ardāviraf, Maarrī, Ibn al-’Arabī, Dante, Milton, and Iqbal regarding the spiritual journey of ascent. While al-Muhāsibī adhered to a method grounded in the Qur’an and hadith, others incorporated astrological and mythological elements. Nevertheless, all of them employed a rich array of symbols and metaphors. Notably, all these thinkers are worth mentioning as having embraced a life of asceticism, leading to accusations of being innovators in religious matters or heretics and resulting in their ostracization from society due to their unconventional thoughts.As a consequence, the death that marks the beginning of the journey to the metaphysical realm is an experience every living being in every age encounters. People of today are endowed with the capacity for contemplation and understanding and cannot ignore the religious and moral values highlighted by al-Muhāsibī and others. Their aim was to reconstruct moral values within society, as emphasized by Iqbal, and to educate youths with both the practical and spiritual knowledge of the time. Hence, by drawing lessons from those who have passed away, the virtuous individual refrains from infringing upon the rights of servitude and avoids causing harm to others. By structuring their life between fear and hope, such individuals contribute to the cultivation of moral virtues such as love, sincerity (ikhlas), chastity, taqwa [piety], vera [truth], and justice within society

A Journey in The Metaphysıcal World in Khārıs al- Muhāsıbī’s Kıtāb al-Tawahhum

Halil

In Islamic thought history, Salafism is generally regarded as a crisis paradigm, often associated with the rise of Muslim societies during politically and socially challenging periods. In the 18th and 19th centuries, the political and intellectual crises in the Islamic world created favourable conditions for the resurgence of Salafism. During this period, Salafi thought reemerged in various tones across different parts of the Islamic world. In Iraq, which stands out as one of the points where Salafi thought emerged, the development process is often explained in many studies by focusing on the efforts of the Alusi family, an important scholarly family in Baghdad. However, the extent to which the Alusi family’s association with which faction of the Salafi movement and which members of the family are encompassed by this attribution remain unclear. Clarifying the extent to which the Alusi family embraced the attitudes and ideas that characterise 19thcentury Salafism is a point that this study seeks to address. Furthermore, efforts have been made to analyse the claim of a relationship between the Alusi family and the Wahhabi movement, which emerged in a region near Baghdad and quickly expanded its sphere of influence. In addition, the study focuses on the activities and relationships of Numan, the son of Abu al-Sana al-Mahmud al-Alusi, who is also labelled as Salafi, along with his son Mahmud Shukri al-Alusi, to examine the relationship between the Alusi family and Salafism as a whole.One common mistake in many studies on this family is the generalisation of all its members into a single category using an oversimplified approach. In this study, it is highlighted that while Mahmud al-Alusi exhibited a topic-based and relatively narrow and vague Salafi stance, his son Numan and grandson Mahmud Shukri abandoned this vague stance and embraced and defended the strict interpretation of Salafism, which aligns with the Wahhabi line. Many studies have pointed out, through examples, that the extension of the Wahhabi line adopted by some members of the Alusi family, including Mahmud al-Alusi, does not align with the available data and creates inconsistencies. This study also aims to highlight Mahmud al-Alusi’s attitudes and ideas that do not align with the emerging and reshaping Salafism, thus emphasising the difference between him and the later generations of the family. This difference is grounded on various factors such as his approach to Sufism and Sufi orders, his loyalty to the Ottoman Empire, his moderate stance in matters of jurisprudence, creed, and adherence to traditional schools of thought, and his balanced approach in combating innovations (bid‘ah) and superstitions. When examining the environment in which Mahmud al-Alusi was raised, his works, and his choices, it becomes apparent that contrary to these claims, he exhibited a discordant appearance with the Salafi/Wahhabi interpretation of his century in various aspects. It is noteworthy that Mahmud al-Alusi’s preferences were not significantly influenced by his rigid and uncompromising stance towards certain Sufi teachings and orders, which became a characteristic feature of late-period Salafism. During a period when the strict interpretation of Salafism, particularly Wahhabism, was gaining influence and power, Mahmud al-Alusi’s affiliation with Sheikh Khalid al-Baghdadi, a prominent Shaafi-Ashari Sufi of the Naqshbandi order, and his status as a leading sincere disciple, along with his advice to his own children to approach Sufi elders and their teachings with goodwill, complicated his belonging to the Salafi movement. Upon a general examination of his works, it is evident that he sometimes included Ash’ari and Hanafi/Maturidi views on religious and theological matters, while at other times he incorporates Sufi explanations, indicating his endorsement of these perspectives. However, concerning certain issues of theology and attributes, he held that adhering to the Salaf was a more appropriate approach than resorting to interpretation, indicating a preference for a more literal interpretation. In areas where he emphasised the Salafi methodology, it can be observed that he did not display conservatism or bigotry, and he avoided statements that could incite polemical sentiment. Furthermore, his frequent references to Sufi discourse and explanations in his works demonstrate his strong connection to Sufism. Furthermore, the study emphasises that during the period of Numan’s son and grandson Mahmud Shukri, the Salafi-Wahhabi perspective gained prominence, departing from Mahmud al-Alusi’s approach. It is also highlighted that during the periods of Numan and Mahmud Shukri, there was an increasing dose of interaction with the Salafi school, characterised by direct and intense engagement. Numan and Mahmud Shukri al-Alusi, on the other hand, have written numerous works with the aim of revitalising and making Salafism visible and known once again. The Alusi family’s strongest interaction with Salafi-Wahhabi movements occurred during the period of Mahmud Shukri. The repercussions of this interaction are prominently observed in his scholarly works, discourse, and preferences, sometimes directly and sometimes indirectly. Another significant step that reveals Mahmud Shukri’s relationship with Wahhabism is his commentary on some works by Muhammad ibn Abdul Wahhab, the founder of Wahhabism. Following these works, which unequivocally demonstrated his interest in Wahhabism, allegations that he was a Wahhabi gained prominence. It is observed that the cautious and sensitive approach of the Alusi family to the Ottoman Empire was weakened during the period of Mahmud Shukri, particularly after the death of Numan al-Alusi. The criticisms of Sufism and Sufi orders, the critique directed towards blind adherence to religious schools of thought and bigotry, as well as the expansion of the scope of innovation and polytheism, which were characteristic features of the Salafi movement in the 19th century, are also found in Mahmud Shukri’s works with similar content and style. In addition to his engagement with Wahhabi movements, Mahmud Shukri was also in extensive contact with thinkers who promoted reformist ideas in various regions of the Islamic world. A project he sought to implement was to reintroduce and popularise the works of prominent figures in the Salafi tradition. Despite the challenges of his time, he made significant efforts to discover and prepare for publication numerous limited works by central figures in Salafi thought, such as Ibn Taymiyyah and Ibn Qayyim, ensuring their authenticity and readiness for publication. The students Mahmud Shukri further developed his Salafi line in the works they authored and endeavoured to spread Salafism in Baghdad.This study also highlights the existence of certain similar attitudes within the Alusi family alongside the numerous different internal stances and ideas. One of the most noteworthy aspects is the uninterrupted relationship and loyalty to the Ottoman Empire. One of the points highlighted in the study is that despite the numerous problems and difficulties between the Alusi family and the Ottoman administration in Baghdad, the Alusi family never turned to alternative sources of solutions outside the central Ottoman government. Another similarity that can be noted between Mahmud al-Alusi and the Alusi family is their efforts to find solutions to the removal of established innovations and superstitions in society through scholarly refutations instead of resorting to coercion and hasty measures.

The Role of the Alusi Family in Salafism’s Rise in the 19th-century Ottoman Baghdad

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Nilüfer

In this article Fuat Sezgin’s claims about the early written sources of the hadīth before the al-Kutub al-Sitta are expanded and discussed according to Arabic Language sources written before the al-Kutub al-Sitta. In order to verify the authenticity of these claims, the ahādīth and the chain system in the al-Baṣra and al-Kūfa Arabic Language books are determined. If the aḥādīth given in these sources comes before the al-Kutub al-Sitta this means that we can reach earlier sources for some ahādīth except the hadīth books. In addition, the method of using the hadīth in these sources, isnāds, and the possible isnāds are examined in a chronological and comparative way. Therefore there are two main questions in this study. The first is “Does the hadīth feature in the Arabic Language Sources” and the second is ”With what method did they give a place to the hadīth.” In order to answer these questions, fundamental and early Arabic Language sources were used such as Halil b. Ahmed’s Kitāb al-ʿAyn which represents the Basra School’s methods and Yaḥyā b. Ziyād al-Farrāʾs al-Maʿāni al-Qur’ân which represents the al-Kūfa School’s methods.The work titled Kitāb al-ʿAyn of Khalīl b. Aḥmad, the first representative of the Basra school, includes somewhat extensive use of the hadīth. Indeed, approximately three hundred and forty one hadīth narratives are included in this work. Of these, two thousand and fifty were narrated only as hadiths, seventy were related to Rasūlullāh and thirty one to the companions. Apart from this, there is no usage of isnād in the work. If we analyse these numbers, we can say that seventy three percent of the narratives are passed only as hadīth, twenty one of them refer to the Prophet and six percent of them to the companions.In this regard, it can be said that only 25% of the narratives of Khalīl b. Aḥmad, conveyed as hadīth, were mentioned in the hadith works before Khalīl b. Aḥmad, Therefore, we can say that Khalīl b. Aḥmad’s work is the first source for many hadīth. In addition, these hadīth, which Khalīl b. Aḥmad described as hadīth, were also conveyed as marfū‛ and mawkūf in hadīth works after him.&nbsp;When the isnads of the narratives are examined, it can be seen that narrators come from different regions such as Kūfa, Basra, Mecca and Medina. In addition, we can say that there are many hadīths in the work that can be described as ṣaḥīḥ (authentic).&nbsp;When it comes to the question of how the hadith narratives reached Khalīl b. Aḥmad, we see that there is a common name in most of the isnāds. This name is Ayyūb asSakhtiyānī (d. 131/749), one of the hadīth narrators. Hence he is also the teacher of Khalīl b. Aḥmad and can be considered to be the person that Khalīl b. Aḥmad, took the hadīth narratives from.The second source of this study is al-Farrāʾs al-Maʿāni al-Qur’ân The most important feature of al-Farrāʾ is that he includes hadīths with isnād in his book. Indeed, as far as we could determine, there are one hundred and sixty seven narratives of hadīth with isnad.&nbsp;Adding the ones with isnads, this number reaches four hundred. Approximately seven of these narratives are based on the Prophet, seventy on the companions and the remaining on the next generations such as ʿAlqama b. Qays (d. 62/682) Masrūk b. al-Ecdā‛ (d. 63/9- 683), Saʿīd b. Cubayr (d. 94/713), Ibrāhīm al-Nakhaʿī (d. 96/714), Mujāhid b. Cabr (d. 103/721), Sulaymān b. Mihrān al-Aʿmash (d.147/764). If we compare these numbers, it can be seen that four percent of the narratives were based on the Prophet, 41 % on the Companions and 55 % on the next generations.&nbsp;Looking at the next generation, it can be seen that the work has the isnād system of the Kūfa region. Moreover, the fact that he includes mubham narrators in thirty three and balāg mode in twenty three of the isnāds is a reminder that the isnāds of ahl alra’y are used in the hadīths. Indeed, the ittisāl in the isnāds in this regard are not very important. The same understanding exists in the Kūfa language school. However, an important feature of the Kūfe language school separating them from ahl al-ray is that they include ʿAbdallāh b. ʿAbbās narratives more than ʿAbdallāh Ibn Masʿūd. Furthermore, when we look at the numbers of the narratives of the companions, we see that fourteen of them are conveyed from ʿAlī , twenty seven from ʿAbdallāh b. ʿAbbās, eighteen from İbn Mesud, six from Aisha, two from Abu Bakr and two from Omar. If we evaluate these numbers, we see that 23% was conveyed from ʿAlī , 37% from ʿAbdallāh b. ʿAbbās, 25% from ʿAbdallāh Ibn Masʿūd, 9% from Aisha and the remaining 6% from Abū Bakr and Omar. But, it is inevitable to say that al-Farrāʾs hadīth generally is not a first source for hadīth. We can find them with their isnāds in ʿAbd al-Razzāq al-Ṣanʿānī’s book and in the other hadīth books before al-Kutub al-Sitta.

The Function of Hadīth Chains in the Arabic Language Sources (First Three Centuries of Islam)

Sümeyra

Autism is defined as the inability to establish relations with people and situations, the inability to use the language in an adequate and accurate manner, an obsessive repetition of the same behavior, and a developmental problem in which various obsessions are observed. There is no absolute treatment for this developmental problem, which manifests itself in the first or second years of life. However, individuals who have autism are brought into society through education.In Turkey, the education of individuals who have autism is carried out in special education schools, in Inclusive Classes at schools, and in private training centers after the diagnosis is made with individual tests. In these centers, education is carried out with many different disciplines. The Religious Culture and Moral Knowledge (RCMK) courses took their place in special education curricula as a compulsory course for the first time in 2010. This decision brought with it many debates on the existence and teaching of religious courses in autistic individuals. When the literature is reviewed on the possibility of religion and religious education in autistic individuals, it is seen that there are some opinions arguing that autistic individuals cannot perceive religion, and therefore, it is not possible for them to receive any religious education.&nbsp;The basis of these views is that individuals with autism are not able to perceive abstract concepts, metaphorical discourses and symbolic expressions and are insufficient in socializing. The basic arguments of the previous studies are that religions include abstract and symbolic expressions and the participation to congregations is compulsory, which do not comply with the aforementioned characteristics of the autistic individuals. On the other hand, there are also several viewpoints in the literature arguing that autistic individuals are able to perceive religion, create their own image of God, and in case appropriate conditions are prepared, can worship. On the basis of these viewpoints, there is the idea that abstract religious concepts may be explained by using appropriate methods and techniques, and positive contributions may be made to autistic individuals by making use of the socializing sphere of the religion when appropriate conditions are prepared.The different viewpoints on this subject in the literature may affect the legitimacy of the existence of religious courses that are prepared for autistic individuals; and may also be important in determining whether the subjects in the curriculum are suitable for individuals with autism. Based on this, in the present study, previous studies conducted on the possibility of religion and religious education in autistic individuals were examined, and the Religious Culture and Moral Knowledge curricula that were prepared for autistic individuals were evaluated in the light of the data reported by these studies. As a result of the study, it was determined that all of previous studies on religious education in autistic individuals were conducted with individuals who had religions other than Islam or with their families. However, the unique structure of the Islamic religion differs from other&nbsp;religions with the teaching and perception form of it. Based on this, it was decided that the current studies should also be conducted with children of Muslim families in Turkey. In addition, in the literature review, it was also determined in previous studies reporting positive results that practical subjects were focused on in religious education. It was also emphasized that individuals should participate to rituals in an applicable way, Allah should be perceived as a “being” that the individual should feel an attachment and pray to, and religious expressions should be used in everyday life. In this context, it was observed that the RCMK curriculum was based on cognitive acquisitions, and that there were very limited acquisitions on affective and psychomotor fields.In this context, it is possible to argue that the current curriculum does not overlap with the relevant literature at an adequate level. Another interesting point about the RCMK is that the curriculum was prepared for students who had moderate-to-severe mental disabilities and autism spectrum disorder. However, in actual fact, autistic individuals with high-functioning may show different developmental characteristics that are specific to autism, and they may also have normal intelligence function or some superior abilities. The current curriculum does not address high-functioning autism, and there are no other separate curricula prepared for them. In this case, it may be recommended to conduct curriculum development studies for individuals with high-functioning autism. In addition, it was also determined as a result of the present study that the needs of the individuals with autism in terms of religion and religious education must be determined; and subjects, contents and learning-teaching activities must be prepared in line with these needs.&nbsp;It is considered that this study, which was conducted with the Literature Review and Content Analysis Method will shed light on the religious education issue in autistic individuals, which has emerged as a new field of application in our country; and will contribute to curriculum development studies for Religious Culture and Moral Knowledge courses.

Religious Culture and Moral Knowledge Course Curriculum for Children with Autism: A Study on the Debates on the Possibility of Religion and Religious Education

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Muharrem

This study focuses on the notion of non-fixed heavy punishment in Hanafi penal tradition and its reflection in classic Ottoman kânûns. As is known, in Islamic criminal law, there are severe fixed penalties called had or kısas. These penalties are determined by the Shâri‘a, and take a variety of forms ranging from amputation to death. Apart from these penalties, the public authority is also authorized to impose heavy sanctions when necessary. Hanafî jurists use the terms ta‘zîr and siyâsa to express these sanctions. Those called siyâsa are marked as aggravated. Some authors emphasize this aspect in particular. In fact, in the Hanafî doctrine, the ta‘zîr, which is the basis of siyâsa, is accepted as lighter punishment than for fixed penalties. Apparently, ta‘zîr sanctions that reach or exceed the fixed penalties in terms of being aggravated, are called siyâsa to adhere to this rule.Hanafî jurists often associate non-fixed severe penalties with two causes. These are repetitions of an offense (tekerrur) and the effort for corruption of society (sa‘y bi’lfesâd). Repetition of offenses, which is generally considered to be a cause for severe penalty, usually occurs when certain crimes are committed a second time after being proven guilty. The effort for corruption of society is also generally admitted as a cause for severe penalty, because the perpetrator is attempting to disrupt society. In the Hanafî penal tradition, it is understood that habitual criminals can be heavily punished directly by the public authority on the grounds that they are working to disrupt society. This idea has evolved over time. In this context, Hanafî jurists state that those who commit crimes such as sodomy, killing someone by strangling, or robbery for the second time can be sentenced directly to death by public authority. This understanding can potentially include some crimes that disrupt society even if they are not habitual. Indeed, some Hanafî jurists state that a thief can be sentenced directly to death by the public authority on the grounds that he/she is attempting to disrupt society, whether or not the crime is habitual. From this perspective, even if the crime has been committed only once, it is regarded as repetitive because it deeply disturbs public interest.In the classic Ottoman law books, many references are made to the non-fixed heavy penalty concept of Hanafî. However, elements such as tekerrur, fesâd, and siyâsa, which constitute this understanding, are generally not mentioned together in the articles of law. In most cases, the term siyâsa alone is considered sufficient to imply the basis on which the punishment from the Hanafî tradition is based. This term, which often refers to severe penalties such as death or amputation in the law books, does not impose fines, and is generally related to penalties for habitual criminals who are believed to have attempted to disrupt society. Some articles of the law state that the offense should be habitual to receive heavy punishment, and this condition implicitly includes the rest of the formula. If the perpetrator is a habitual criminal, he or she will be penalized directly by the public authority for working toward the deterioration of society. For instance, some provisions of law order the execution of anyone who has stolen a few times and hand amputation&nbsp;for those who make it a habit to stab somebody or pick somebody’s pocket, and nose amputation for those who habitually corrupt women-men relations. In these provisions, the Ottoman lawmakers seem to be inspired by the concept of Hanafî repetition.&nbsp;In some articles of law, we see that the Ottoman rulers severely punish non-habitual criminals directly according to their own will. They use the death penalty for some crimes besides fixed ones without mentioning repetition. For example, they order hanging for wrongdoers who enter a shop or a house for the purpose of theft, who burn a shop or house deliberately, and who print counterfeit money. It is understood that these wrongdoers are considered habitual criminals for damaging the public interest and that they are to be included in the non-fixed heavy penalty formula. However, it should be noted that this inclusion may open the door to arbitrary and oppressive siyâsa, which some jurists are concerned.

Non-fixed Heavy Penalty Formula from Hanafi Tradition to Classical Ottoman Kanuns

Fatma

In our age, as a result of the phenomena of technology, individuality, and globalization, the divorce rate is rapidly increasing despite the change in family structure. Divorce can cause various psychological effects such as trauma. Therefore, the divorced individuals and their children need psychological and social support.&nbsp;With a divorce, if both members are adaptable, it can either prevent the divorce from happening or be a factor that affects an amicable divorce; detecting divorce enhancing or inhibiting factors is an important issue.As in many other areas, religion or religiousness play an important role in the continuation of marriage and divorce. This drove the reasons investigated in our study for what causes a divorce. Divorced individuals were asked questions about the effect of religiousness in the process of marriage and divorce. This research will contribute to the field of marriage and divorce in terms of eliminating the lack of adequate study of the religiosity factor.&nbsp;Our study conducted interviews with 20 divorced people, including ten women and ten men. The majority of the participants we interviewed were middle aged adults with a high level of education, who spent most of their lives in Istanbul, and who participated in certain professions. Female participants, in particular, needed jobs to make a living during or after the divorce.Based on the findings, we cannot say to remove the high educational level as a factor of divorce. In fact, it is effective for women to display a more decisive attitude toward divorce.Most participants chose to get married based on the emotional factors “appearance” (8 people), “love to be/to like” (8 people). Also “being religious” (6 persons) and “not suitable for families” (4 people) criteria were significant. According to this, being religious is among the criteria sought in marriages.We can say that these two options, which are connected with each other, such as exterior appearance and being in love, are not functional in maintaining the marriage in terms of the marriage criteria and that it is more important to approach marriage from a logical point of view.According to participants at the beginning of a divorce, the research results of “deception/ deceived” (9 people) were at the top of the list. The second reason is “indifference” (6 people). This was followed by “communication” (5 people), “irresponsibility” (5 people), and “economic reasons” (5 people). “Psychological violence” (4 people), “physical strength” (4 people), “disrespect” (3), and “jealousy” (3) are also among the causes of divorce. The deception angle, after women had been deceived, led them choosing “irresponsibility” (5 people) as a major cause of divorce, and men chose “indifference” (4 people).&nbsp;The reasons for divorce that emerged in our research show parallels with other research. According to participants, divorce does not depend on a single cause; we see a negative situation could cause different problems. Also, disrespectful communication problems in couples and the emergence of situations such as irresponsibility, poor communication within the family, and being unable to relate to one another are other reasons. According to this, spouses did not spend time together, and the lack of pleasure in performing activities together may be among the reasons behind the conflicts within the family.For the majority of the participants, more attention should be given to the premarital period rather than the prevention of marriage or divorce. According to them, first of all, people should get to know each other and their families better. The biggest regret from the majority of the participants is that they married quickly, without getting to know the other side and their family. In the process of divorce, individuals expected more functional mediation than their relatives. The participants expected more help from their relatives.When we asked the interviewers whether religiousness had any function in the attitudes of spouses and their divorce, they emphasized that they were generally more moral than religious. This situation shows that the spouses who promote themselves as religious do not turn their words into behaviors, and they exhibit unethical behavior in family life. Accordingly, based on the opinions of respondents, those who said that they mostly defined themselves as religious, had a piety factor in the moral dimension of marriage and divorce, which had an important function in terms of the experience.&nbsp;Conflicting words and behaviors are seen before and after marriage, causing people to become disillusioned and breaking the feelings of trust that spouses have toward each other. Therefore, deception is the most important cause of divorce. In considering the moral sense of priorities from each of the spouses, honesty, loyalty, and respect are expected. After sacrifice and altruism, moral values such as responsibility and compassion come to the fore. However, it is also important to know the attitudes of the people who were looking for these criteria against their former spouses. Therefore, bilateral negotiations need to be conducted with divorced people, and work done with qualitative research on religiosity will be useful.

The Role of the Religiosity Factor in Relation to Marriage Experiences and Divorce Process

Hafize Şule

Christian Zionist ideas have been embraced by many presidents in American politics, but the power of Christian Zionism in American politics became clear after Donald Trump was elected in November 2016. He recognized Jerusalem as the capital of Israel, which had been a long-term ambition of the American Christian Zionists and Jewish Zionists. In this study, Christian Zionists and their theo-political approach will be discussed. In addition, the active participation in politics among evangelical Protestants with an emphasis on their prioritising of Jews and Israeli policies in American politics will be examined. This topic, which can be linked not only to the field of sociology of religion but also to all fields of social sciences, is important for understanding the debates and social poles in American society, as well as for making sense of the determinants of US policy, especially toward the Middle East. The reason behind the US-based Israeli policies in the Middle East has a theological and ideological justification.&nbsp;In this descriptive work, I will seek answers to the questions of “who are the Christian Zionists?”, “what constitutes the roots and fundamental doctrines of Christian Zionism?” and “how do Christian Zionists view world politics?” In this context, I will draw attention to the fact that Zionism is not only a concept related to Judaism and that there have been many non-Jewish Christian Zionists in the past and many who are still actively present in the American administration. My work sets out the conceptual framework of Christian Zionism as a theo-political ideology and sheds light on the historical background of the subject; It also aims to clarify how the ideology in question has gained power and become an effective discourse within American Protestantism. In this context, the study will trace the imperialist policies of the British Empire on Ottoman lands in the first half of the 19th century when Christian Zionism first emerged; then, the main elements of the Christian Zionists’ ideological and theological approaches to social and political processes, the extent of how Jews benefitted will be discussed, and their effects on American politics will also be pointed out.Christian Zionism has, in general, evolved from evangelical and fundamentalist Christians. This approach adopts the reading of The Bible with a literal, premillennial approach and takes Biblical eschatology crucial. In order to understand the Christian Zionists’ support for Israel and their insistence on directing American policies, it is necessary to consider the pre-millennial dispensationalism that centered on Jews and the doctrines of the End Times. Pre-Millennial dispensationalism is the fundamental doctrine of Christian Zionists. In addition, Christian fundamentalists are based on the literal (literalism) reading of the scripture. While giving Jews a central place in the doctrine of the End Times, they have a very negative attitude towards Muslims.&nbsp;In general terms, the term “Christian Zionist” is given to a constituent of the most influential apocalyptic beliefs of today’s American society, which emerged in Britain in&nbsp;the 19th century, later coming to the US in the middle of the same century. Christian Zionism, which proposes rather radical ideas, is widespread among American Protestants. According to the results of a 2013 poll conducted by the Pew Research Center, 82% of the white evangelical Protestants in the United States believe that Israel was given to the Jews by God; whereas this rate is only 40% among Jews. In general, 44% of Americans believe that God gave Israel to the Jews. When the period and the environment in which Christian Zionism emerged are evaluated, it is possible to see that the ideologies that were formed on the basis of the activities of British imperialism in the Middle East were transformed into religious discourse. Christian Zionism, which formed an important ideological basis for British imperialism in the first period of its emergence, provides an ideological basis for American imperialism today. It is also an important part of the Israeli lobby in the US.The enduring teachings of the Christian Zionists, who have gained more influence in recent American politics compared to previous periods, have reached the point of power to be able to affect US foreign policy. Trump’s decision to recognize Jerusalem as the capital of Israel and his declarations that Golan Heights belong to Israel are closely related to the theological teachings of Christian Zionism. The fact that a group with a radical theo-political ideology in the US is so effective in politics and state administration raises questions about American secularism. The important question of whether there is a reversal from American secularism –given the current developments in spite of the Constitution of America, where religion and state affairs are clearly separated- should be focused on in the coming years.

Christian Zionism in the US: Its Roots, Founding Principles and Its Influence in American Politics

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darulfunun ilahiyat is the academic publication of Istanbul University, Faculty of Theology and is an open access, peer-reviewed, scholarly journal published triannually in April, August and December. It was founded in 1925.

darulfunun ilahiyat publishes studies dealing with the different aspects of religion in independent and interdisciplinary fields and theoretical and applied sciences.

In this scope, darulfunun ilahiyat covers religion, alongside the faith and behavior of its practitioners, as a system of belief and society with papers that are able to perform the following: (i) Address human and social sciences; (ii) Develop original theoretical and conceptual advances; (iii) Examine different and new research methods; (iv) Present comparative studies using case studies.

(I)         Address human and social sciences;
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darulfunun ilahiyat aims to publish articles dealing with different aspects of religion in independent and interdisciplinary fields and theoretical and applied sciences.darulfunun ilahiyat focuses on religion, faith and behaviors of its practitioners and religion as system of belief and society. The journal expects the articles to (i) Address human and social sciences; (ii) Develop original theoretical and conceptual advances; (iii) Examine different and new research methods; (iv) Present comparative studies using case studies.Within this range, the issues listed below are given particular priority:Islamic culture and civilization&gt; The interpretation and education of religious and Islamic sciences in the contemporary world&gt; The formation and transfer of religious identity&gt; Public life in various faith groups, and religion in a multicultural environment&gt; Interactions between the individual, religion, and societyIn addition to qualified, original, theoretical, and applied research, darulfunun ilahiyat also publishes book reviews, research notes, meeting abstracts and translatory-commentarial papers from classical languages.

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<a href="https://www.scopus.com/sourceid/21101058362" target="_blank">SCOPUS</a><a href="https://search.trdizin.gov.tr/dergi/detay/2132/darulfunun-ilahiyat" target="_blank">ULAKBIM TR Index</a><a href="https://brill.com/fileasset/downloads_products/35122_ii_surveyed_periodicals_2008_2017FINAL.pdf" target="_blank">Index Islamicus</a><a href="https://www.ebsco.com/tr-tr/urunler/arastirma-veri-tabanlari/academic-search-complete" target="_blank">EBSCO Academic Search Complete</a><a href="https://doaj.org/toc/2651-5083?source=%7B%22query%22%3A%7B%22bool%22%3A%7B%22must%22%3A%5B%7B%22terms%22%3A%7B%22index.issn.exact%22%3A%5B%222651-5083%22%5D%7D%7D%5D%7D%7D%2C%22size%22%3A100%2C%22sort%22%3A%5B%7B%22created_date%22%3A%7B%22order%22%3A%22desc%22%7D%7D%5D%2C%22_source%22%3A%7B%7D%2C%22track_total_hits%22%3Atrue%7D" target="_blank">DOAJ</a><a href="https://kanalregister.hkdir.no/publiseringskanaler/erihplus/periodical/info.action?id=495011" target="_blank">ERIH PLUS</a><a href="https://atif.sobiad.com/index.jsp?modul=dergi-sayfasi&amp;ID=0&amp;magazinename=darulfunun%20ilahiyat" target="_blank">SOBIAD </a>Atla Religion Database <a href="https://go.gale.com/ps/dispAdvSearch.do?userGroupName=anon~84c5a0c7&amp;prodId=AONE" target="_blank">Gale Cengage</a>

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The journal is committed to upholding the highest standards of publication ethics and pays regard to Principles of Transparency and Best Practice in Scholarly Publishing published by the <a href="https://publicationethics.org/" target="_blank">Committee on Publication Ethics (COPE)</a>, the <a href="https://doaj.org/apply/transparency/#principles-of-transparency-and-best-practice-in-scholarly-publishing" target="_blank">Directory of Open Access Journals (DOAJ)</a>, the <a href="https://oaspa.org/" target="_blank">Open Access Scholarly Publishers Association (OASPA)</a>, and the <a href="https://www.wame.org/" target="_blank">World Association of Medical Editors (WAME)</a> on <a href="https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing" target="_blank">https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing</a> The subjects covered in the manuscripts submitted to the Journal for publication must be in accordance with the aim and scope of the Journal. Only those manuscripts approved by every individual author and that were not published before in or sent to another journal, are accepted for evaluation.Changing the name of an author (omission, addition or order) in papers submitted to the Journal requires written permission of all declared authors.Plagiarism, duplication, fraud authorship/denied authorship, research/data fabrication, salami slicing/salami publication, breaching of copyrights, prevailing conflict of interest are unethical behaviors. All manuscripts not in accordance with the accepted ethical standards will be removed from the publication. This also contains any possible malpractice discovered after the publication. *After an author's article is published in darulfunun ilahiyat, a new article will not be published in the next two issues.Plagiarism Submitted manuscripts that pass preliminary control are scanned for plagiarism using iThenticate software. If plagiarism/self-plagiarism will be found authors will be informed. Editors may resubmit manuscript for similarity check at any peer-review or production stage if required. High similarity scores may lead to rejection of a manuscript before and even after acceptance. Depending on the type of article and the percentage of similarity score taken from each article, the overall similarity score is generally expected to be less than 15 or 20%. Double Blind Peer-Review After plagiarism check, the eligible ones are evaluated by the editors-in-chief for their originality, methodology, the importance of the subject covered and compliance with the journal scope. The editor provides a fair double-blind peer review of the submitted articles and hands over the papers matching the formal rules to at least two national/international referees for evaluation and gives green light for publication upon modification by the authors in accordance with the referees’ claims.

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All expenses of the journal are covered by the Istanbul University. Processing and publication are free of charge with the journal. There is no article processing charges or submission fees for any submitted or accepted articles.

Authors publishing with the journal retain the copyright to their work licensed under the Creative Commons Attribution-NonCommercial 4.0 International license (<a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank">CC BY-NC 4.0</a>) (<a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank">https://creativecommons.org/licenses/by-nc/4.0/</a> ) and grant the Publisher non-exclusive commercial right to publish the work. CC BY-NC 4.0 license permits unrestricted, non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Editor should consider publishing correction if minor errors that do not effect the results, interpretations and conclusions of the published paper are detected. Editor should consider retraction if major errors and/or misconduction that invalidate results and conclusions are detected.Editor should consider issuing an expression of concern if there is evidence of research or publication misconduct by the authors; there is evidence that the findings are not reliable and institutions of the authors do not investigate the case or the possible investigation seems to be unfair or nonconclusive. The guidelines of <a href="https://publicationethics.org/resources/flowcharts/complete-set-english" target="_blank">COPE</a> and <a href="https://www.icmje.org/recommendations/" target="_blank">ICJME</a> are taken into consideration regarding correction, retractions or expression of concern.RetractionJournal follows <a href="https://publicationethics.org/sites/default/files/retraction-guidelines-cope.pdf" target="_blank">COPE’s Retraction Guidelines</a> in case of retraction. The editor has the right to retract an article if: <ul><li>There is clear evidence that the findings are unreliable; either as a result of a major error (e.g. miscalculation or experimental error), or as a result of fabrication (e.g. of data) or falsification (e.g. image manipulation).</li><li>It contains plagiarised content. </li><li>It has been published elsewhere without proper attribution. </li><li>It contains material or data without authorisation for use.</li><li>There is copyright infringement or there is some other serious legal issue.</li><li>It reports unethical research. </li><li>There is evidence that the peer-review process is compromised or manipulated.</li><li>The author(s) failed to disclose a significant competing interest (also known as a conflict of interest) that, in the opinion of the editor, would have unduly influenced the interpretation of the work or the recommendations of the editors and peer reviewers.</li></ul>In case of retraction the following steps are followed:<ul><li>Retraction notice including article title is published in a subsequent issue of the journal. The retraction notice is paginated and listed in the table of contents. </li><li>A link is provided between the retraction notice and the original article in the electronic version. </li><li>The online article is preceded by a page containing the retraction notice; the reader can then proceed to the article itself.</li><li>The original article remains unchanged, except for a watermark on the .pdf on each page stating that it has been &#34;retracted”.</li></ul>Article Removal for Legal ReasonsIn the following circumstances, except the metadata (title and authors), the text of the article is removed and a page informing that the article has been removed for legal reasons replaces the article. <ul><li>The article is found to be defamatory or to infringe the legal rights of others, and retraction is not deemed to be an adequate solution.</li><li>The article has been, or is reasonably likely to be the subject of a court order.</li><li>There is a significant risk to public health. </li></ul>

To guarantee that all papers published in the journal are maintained and permanently accessible, articles are stored in Dergipark which serves as a  national archival web site and at the same time permits LOCKSS to  collect, preserve, and serve the content.Additionally, authors are encouraged to self-archive the final PDF version of their articles in open electronic archives with  that conform to standards of Open Archives Initiative (<a href="https://www.openarchives.org/" target="_blank">https://www.openarchives.org/</a>). Authors should provide a link from the deposited version to the URL of IUPress journal website.

darulfunun ilahiyat is committed to upholding the highest standards of publication ethics and pays regard to Principles of Transparency and Best Practice in Scholarly Publishing published by the <a href="https://publicationethics.org/" target="_blank">Committee on Publication Ethics (COPE)</a>, the <a href="https://doaj.org/apply/transparency/#principles-of-transparency-and-best-practice-in-scholarly-publishing" target="_blank">Directory of Open Access Journals (DOAJ)</a>, the <a href="https://oaspa.org/" target="_blank">Open Access Scholarly Publishers Association (OASPA)</a>, and the <a href="https://www.wame.org/" target="_blank">World Association of Medical Editors (WAME)</a> on <a href="https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing" target="_blank">https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing</a>All parties involved in the publishing process (Editors, Reviewers, Authors and Publishers) are expected to agree on the following ethical principles.All submissions must be original, unpublished (including as full text in conference proceedings), and not under the review of any other publication synchronously. Each manuscript is reviewed by one of the editors and at least two referees under double-blind peer review process. Plagiarism, duplication, fraud authorship/denied authorship, research/data fabrication, salami slicing/salami publication, breaching of copyrights, prevailing conflict of interest are unnethical behaviors.All manuscripts not in accordance with the accepted ethical standards will be removed from the publication. This also contains any possible malpractice discovered after the publication. In accordance with the code of conduct we will report any cases of suspected plagiarism or duplicate publishing.

Ethics

The journal adheres to the highest standards in research ethics and follows the principles of international research ethics as defined below. The authors are responsible for the compliance of the manuscripts with the ethical rules.-    Principles of integrity, quality and transparency should be sustained in designing the research, reviewing the design and conducting the research.-    The research team and participants should be fully informed about the aim, methods, possible uses and requirements of the research and risks of participation in research.-   The confidentiality of the information provided by the research participants and the confidentiality of the respondents should be ensured. The research should be designed to protect the autonomy and dignity of the participants.-    Research participants should participate in the research voluntarily, not under any coercion.-    Any possible harm to participants must be avoided. The research should be planned in such a way that the participants are not at risk.-    The independence of research must be clear; and any conflict of interest or must be disclosed.-    In experimental studies with human subjects, written informed consent of the participants who decide to participate in the research must be obtained. In the case of children and those under wardship or with confirmed insanity, legal custodian’s assent must be obtained.-    If the study is to be carried out in any institution or organization, approval must be obtained from this institution or organization.-    In studies with human subject, it must be noted in the method’s section of the manuscript that the informed consent of the participants and ethics committee approval from the institution where the study has been conducted have been obtained.

It is authors’ responsibility to ensure that the article is in accordance with scientific and ethical standards and rules. And authors must ensure that submitted work is original. They must certify that the manuscript has not previously been published elsewhere or is not currently being considered for publication elsewhere, in any language. Applicable copyright laws and conventions must be followed. Copyright material (e.g. tables, figures or extensive quotations) must be reproduced only with appropriate permission and acknowledgement. Any work or words of other authors, contributors, or sources must be appropriately credited and referenced.All the authors of a submitted manuscript must have direct scientific and academic contribution to the manuscript. The author(s) of the original research articles is defined as a person who is significantly involved in “conceptualization and design of the study”, “collecting the data”, “analyzing the data”, “writing the manuscript”, “reviewing the manuscript with a critical perspective” and “planning/conducting the study of the manuscript and/or revising it”. Fund raising, data collection or supervision of the research group are not sufficient roles to be accepted as an author. The author(s) must meet all these criteria described above. The order of names in the author list of an article must be a co-decision and it must be indicated in the <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/E42C1612F8C548D7BE0C447D9008E553" target="_blank">Copyright Transfer Form</a>. The individuals who do not meet the authorship criteria but contributed to the study must take place in the acknowledgement section. Individuals providing technical support, assisting writing, providing a general support, providing material or financial support are examples to be indicated in acknowledgement section.All authors must disclose all issues concerning financial relationship, conflict of interest, and competing interest that may potentially influence the results of the research or scientific judgment.When an author discovers a significant error or inaccuracy in his/her own published paper, it is the author’s obligation to promptly cooperate with the Editor to provide retractions or corrections of mistakes.

Editor-in-Chief evaluates manuscripts for their scientific content without regard to ethnic origin, gender, sexual orientation, citizenship, religious belief or political philosophy of the authors. He/She provides a fair double-blind peer review of the submitted articles for publication and ensures that all the information related to submitted manuscripts is kept as confidential before publishing.Editor-in-Chief is responsible for the contents and overall quality of the publication. He/She must publish errata pages or make corrections when needed.Editor-in-Chief does not allow any conflicts of interest between the authors, editors and reviewers. Only he has the full authority to assign a reviewer and is responsible for final decision for publication of the manuscripts in the Journal.Reviewers must have no conflict of interest with respect to the research, the authors and/or the research funders. Their judgments must be objective.Reviewers must ensure that all the information related to submitted manuscripts is kept as confidential and must report to the editor if they are aware of copyright infringement and plagiarism on the author’s side.A reviewer who feels unqualified to review the topic of a manuscript or knows that its prompt review will be impossible should notify the editor and excuse himself from the review process.The editor informs the reviewers that the manuscripts are confidential information and that this is a privileged interaction. The reviewers and editorial board cannot discuss the manuscripts with other persons. The anonymity of the referees must be ensured. In particular situations, the editor may share the review of one reviewer with other reviewers to clarify a particular point.

Only those manuscripts approved by its every individual author and that were not published before in or sent to another journal, are accepted for evaluation.Submitted manuscripts that pass preliminary control are scanned for plagiarism using iThenticate software. After plagiarism check, the eligible ones are evaluated by editor-in-chief for their originality, methodology, the importance of the subject covered and compliance with the journal scope.The editor hands over the papers matching the formal rules to at least two national/international referees for double-blind peer review evaluation and gives green light for publication upon modification by the authors in accordance with the referees’ claims.

Peer Review

Editor-in-Chief evaluates manuscripts for their scientific content without regard to ethnic origin, gender, sexual orientation, citizenship, religious belief or political philosophy of the authors. He/She provides a fair double-blind peer review of the submitted articles for publication and ensures that all the information related to submitted manuscripts is kept as confidential before publishing.Editor-in-Chief is responsible for the contents and overall quality of the publication. He/She must publish errata pages or make corrections when needed.Editor-in-Chief does not allow any conflicts of interest between the authors, editors and reviewers. Only he has the full authority to assign a reviewer and is responsible for final decision for publication of the manuscripts in the Journal.Reviewers must have no conflict of interest with respect to the research, the authors and/or the research funders. Their judgments must be objective.Reviewers must ensure that all the information related to submitted manuscripts is kept as confidential and must report to the editor if they are aware of copyright infringement and plagiarism on the author’s side.A reviewer who feels unqualified to review the topic of a manuscript or knows that its prompt review will be impossible should notify the editor and excuse himself from the review process.The editor informs the reviewers that the manuscripts are confidential information and that this is a privileged interaction. The reviewers and editorial board cannot discuss the manuscripts with other persons. The anonymity of the referees must be ensured. In particular situations, the editor may share the review of one reviewer with other reviewers to clarify a particular point.

Only those manuscripts approved by its every individual author and that were not published before in or sent to another journal, are accepted for evaluation.Submitted manuscripts that pass preliminary control are scanned for plagiarism using iThenticate software. After plagiarism check, the eligible ones are evaluated by editor-in-chief for their originality, methodology, the importance of the subject covered and compliance with the journal scope.  Editor-in-chief evaluates manuscripts for their scientific content without regard to ethnic origin, gender, sexual orientation, citizenship, religious belief or political philosophy of the authors and ensures a fair double-blind peer review of the selected manuscripts.The selected manuscripts are sent to at least two national/international external referees for evaluation and publication decision is given by editor-in-chief  upon modification by the authors in accordance with the referees’ claims.Editor in chief does not allow any conflicts of interest between the authors, editors and reviewers and is responsible for final decision for publication of the manuscripts in the Journal.Reviewers’ judgments must be objective. Reviewers’ comments on the following aspects are expected while conducting the review.-    Does the manuscript contain new and significant information?-    Does the abstract clearly and accurately describe the content of the manuscript?-    Is the problem significant and concisely stated?-    Are the methods described comprehensively?-    Are the interpretations and consclusions justified by the results?-    Is adequate references made to other Works in the field?-    Is the language acceptable?Reviewers must ensure that all the information related to submitted manuscripts is kept as confidential and must report to the editor if they are aware of copyright infringement and plagiarism on the author’s side.A reviewer who feels unqualified to review the topic of a manuscript or knows that its prompt review will be impossible should notify the editor and excuse himself from the review process.The editor informs the reviewers that the manuscripts are confidential information and that this is a privileged interaction. The reviewers and editorial board cannot discuss the manuscripts with other persons. The anonymity of the referees is important.

1. Aim and ScopeBefore you send your application to darulfunun ilahiyat, please look through the journal’s “<a href="https://iupress.istanbul.edu.tr/en/journal/ilahiyatjournal/information/aim-and-scope" target="_blank">Aim and Scope</a>” page. Studies that fall outside the scope of the journal will not be accepted for the review process.2. Types of SubmissionStudies submitted for publication are first examined by the Journal Manager and Chief Editor in regard to the suitability of their goals, subject, content, presentation style and compliance to the journal’s writing rules. Your work should be between 5000-8000 words, excluding references. The editorial evaluation criteria to be applied to all article types submitted to the journal are listed below:(1) High academic quality (2) Clear expression of theoretical bases (3) Specialist conceptual and or methodological academic contribution (4) Theoretical and or method innovation (5) Careful use of modern methods 2.1. Research Articledarulfunun ilahiyat aims to publish work that reveals fundamental problems in the field of religion and offers solutions to them. Particular attention is paid to: (a) Expression of the theoretical framework on which the research is based (b) Statement of the theoretical and practical contribution that the research makes (c) Contribution to the current knowledge in the religious sciences (d) Presentation of original theses in a coherent manner (e) Presentation of groundwork to approach and methodology 2.2. Research NoteResearch notes aim to share the academic experience gained through research. Research notes, in which researchers can also convey their personal evaluations, should not exceed 2500 words. 2.3. Meeting AbstractMeeting abstract includes evaluations of the contents of a national or international academic meeting and should not exceed 1500 words. The academic contribution of the meeting,should be discussed in a meeting abstract. 2.4. Book ReviewsBook reviews submitted to the journal should not exceed 1500 words. 3. General Format Properties3.1 Font: The font used in the entire manuscript should be Times New Roman, font size 10,5. 3.2 Page Layout: In a A4 paper, page margins for bottom, top, right, and left should be pre-set as 0.98 inch. Text should be justified with no hyphenation breaks in words at the end of a line. Text should be typed as a single-column document. Paragraphs and headings should not be indented, but aligned with the main text. 3.3 Paragraph Format: Paragraph indents should be pre-set in the tabs section as follows: before and after: 6 pt; line spacing: 1.5. 3.4 Word Limit: Submitted manuscripts should be between 5000-8000 words. 3.5 Abstract: Abstract should be between 150-200 words. 3.6 Keywords: 5-8 keywords are required. 3.7 Extended Summary: Extended summary in English is required for non-English articles after acceptance. The extended summary should be between 1000-1500 words.3.8 Main TextPlease look at the [04_main_document.pdf] for an example of how the main text will look. Important Note: The main document you upload should not contain author names or information. Be sure to remove this information from the submitted documentation before uploading. Such information should be included on the Title Page. Quantitative and qualitative studies should include introduction, method, results and discussion sections. Sampling/study group, data collection tools and process subsections are to be stated in method section, model subsection should only be included if an original model is used.3.9. Title PageThe following information should be provided in he Title Page: (i) title of the manuscript (ii) category of the manuscript (iii) full names of the author(s) (iv) institutional information of author(s) (instituiton, city, country) (v) e-mail addresses of author(s) (vi) orcid (vii) Information regarding financing, conflict of interest and acknowledgement 3.10 Tables, Figures and Appendices: Tables, figures, pictures, graphics, and similar aspects should be embedded in the text, and not provided as appendices. Under the Paragraph tab, ensure that the indentation is as follows: before and after: 0; spacing: single. Tables and figures should be left aligned, and the text wrapping feature should be turned off. Appendices: Each appendix should be displayed on a separate page after the references section.3.11. Reference Style:darulfunun ilahiyat complies with CMOS 17 (The Chicago Manual of Style) style 17th Edition for referencing and quoting. For more information: <a href="http://www.chicagomanualofstyle.org/tools_citationguide.html" target="_blank">http://www.chicagomanualofstyle.org/tools_citationguide.html</a>3.12. Extended Summary: darulfunun ilahiyat attaches great importance to the dissemination and influence of the articles it publishes with the international public. To this end, works written in Turkish and Arabic are published together with an extended summary in English. The authors are requested therefore to prepare an extended summary for the article. The extended summary should be 1000-1500 words and reflect the main claims in the various parts of the article (i.e., Introduction, Methodology, Results, Conclusion, etc.). 4. Submissions in a Foreign Languagedarulfunun ilahiyat accepts submissions in Turkish, English and Arabic. Submissions received in these languages are evaluated in terms of language proficiency before the referees evaluate them. Those submissions that are judged to be incomprehensible by a referee that is a native language speaker will not be accepted into the review process and will be sent to the author for correction.5. ORCIDIstanbul University gives importance to ensuring an ethical, transparent and fair editorial and referee review process. With the scope of this aim, Istanbul University supports the Open Researcher and Contributor ID (ORCID) platform. To differentiate researchers from each other ORCID matches researchers with their previous work by assigning a digital ID number. In the articles published by the darulfunun ilahiyat the authors are listed with ORCID numbers. Our expectation from writers is that they provide ORCID information during their application. If you currently have no ORCID number, you can obtain it here [<a href="http://orcid.org/register" target="_blank">http://orcid.org/register</a>]. 6. Sending Us the WorkPlease click the link below to submit the work to the darulfunun ilahiyat [<a href="https://dergipark.org.tr/tr/pub/darulfunun" target="_blank">https://dergipark.org.tr/tr/pub/darulfunun</a>]If you encounter any problem in submission please contact <a href="mailto:ilahiyat.editor@istanbul.edu.tr" target="_blank">ilahiyat.editor@istanbul.edu.tr</a>Note: darulfunun ilahiyat does not request any submission fee. 7. The Publication Process7.1. Post-AcceptanceThe acceptance of the work for publication is reported to the corresponding author. The work that the corresponding author has organized according to the relevant reports is reviewed by the Chief Editor or Field Editor. The approved work then undergoes a proofreading and redaction process.7.1.2. OnlineFirstOnlineFirst is the platform where Istanbul University publishes ready-to-print articles online before they go to press. An article on OnlineFirst is published with a DOI (Digital Object Identifiers) number, as Volume and page numbers are still unassigned. The article is removed from the OnlineFirst page when it is published, and is included in the published edition in the website. A study accepting for publication is published as OnlineFirst within approximately 30 days.8. Contact InformationPlease contact the address of e-mail <a href="mailto:ilahiyat.editor@istanbul.edu.tr" target="_blank">ilahiyat.editor@istanbul.edu.tr</a> for your questions regarding darulfunun ilahiyat.

Author Guidelines

Although references to review articles can be an efficient way to guide readers to a body of literature, review articles do not always reflect original work accurately. Readers should therefore be provided with direct references to original research sources whenever possible. On the other hand, extensive lists of references to original work on a topic can use excessive space on the printed page. Small numbers of references to key original papers often serve as well as more exhaustive lists, particularly since references can now be added to the electronic version of published papers, and since electronic literature searching allows readers to retrieve published literature efficiently. Papers accepted but not yet included in the issue are published online in the Early View section and they should be cited as “advance online publication”. Citing a “personal communication” should be avoided unless it provides essential information not available from a public source, in which case the name of the person and date of communication should be cited in parentheses in the text. For scientific articles, written permission and confirmation of accuracy from the source of a personal communication must be obtained.Reference Style and Formatdarulfunun ilahiyat complies with CMOS 17 (The Chicago Manuel of Style) style 17th Edition for referencing and quoting. For more information: <a href="http://www.chicagomanualofstyle.org/tools_citationguide.html" target="_blank">http://www.chicagomanualofstyle.org/tools_citationguide.html</a>

Ensure that the following items are present:●    Cover letter to the editorü    The category of the manuscriptü    Confirming that “the paper is not under consideration for publication in another journal”.ü    Including disclosure of any commercial or financial involvement.ü    Confirming that the statistical design of the research article is reviewed.ü    Confirming that last control for fluent English was done.ü    Confirming that journal policies detailed in Information for Authors have been reviewed.ü    Confirming that the references cited in the text and listed in the references section are in line with CMOS 17.●    <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/E42C1612F8C548D7BE0C447D9008E553" target="_blank">Copyright Agreement Form</a>●    Permission of previously published copyrighted material if used in the present manuscript●    <a href="https://cdn.istanbul.edu.tr/FileHandler2.ashx?f=di_title_page.docx" target="_blank">Title page</a>ü    The category of the manuscriptü    The title of the manuscriptü    All authors’ names and affiliations (institution, faculty/department, city, country), e-mail addressesü    Corresponding author’s email address, full postal address, telephone and fax numberü    ORCIDs of all authors.●    Main Manuscript Documentü    The title of the manuscriptü    Abstract (150-200 words)ü    Key words: 5 to 8 wordsü    Main article sectionsü    Grant support (if exists)ü    Conflict of interest (if exists)ü    Acknowledgement (if exists)ü    Referencesü    All tables, illustrations (figures) (including title, description, footnotes)

<a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/A757C4A498B04CFAA7405FCB9F83387D" target="_blank">Copyright Agreement Form </a><a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/BE8E906BB56240288B7DD11F7F140BCF" target="_blank">Title Page</a>

Issue Type	Regular
Editor(s)	Necmettin Kızılkaya
Cover (PDF)
Full Text (PDF)
Front Pages (PDF)