M. Akif

Assist. Prof. Dr.

The universal and dominant human motive of “survival” is the driving force behind people’s desire to live in communities and the development of various social/political institutions over time. The term “survival” should be considered to include both the material (biological) and spiritual (psychological) aspects of the human being’s existential makeup as a “bio–psychic” whole. Thus, a more general summary of this motivation would be the concurrent satisfaction of the desire for “preservation of physical and psychological integrity,” or, as it is more commonly known nowadays, “security and freedom.” The need for security necessitates a hierarchical power structure that ensures people’s obedience and facilitates governance, that is, the establishment of public order and the consolidation (concentration) of political power. In contrast, the need for freedom necessitates limiting political power in a way that protects people’s spiritual and moral integrity and allows them to realize themselves. However, as one might expect, power concentration and power limitation are diametrically opposed processes. In this regard, a political order that can adequately and long-term meet human beings’ existential needs is based on a delicate balance that requires significant effort and competence to establish and maintain. In cases where this effort and competence are insufficient, the political order collapses. Moreover, the societies in question drift uncontrollably along a political spectrum ranging from tyranny (lack of freedom) to chaos and anarchy (lack of security).Just as in other civilizations, Islamic civilization, particularly in the mainstream of Islamic political thought, that is, the juristic–theological line or, more broadly, the Ahl al-Sunnah tradition, has emphasized the principles and provisions for power concentration while defending frameworks that limit political power. This would guarantee the preservation of people’s individual existence and moral integrity while establishing public order to protect people’s collective existence and physical integrity. Thus, throughout Islamic history, the theoretical balance of “security and freedom” has always been maintained, even though different principles and practically decentralized forces can be found on both sides of the equation as historical circumstances change.However, the second part of the equation, namely, the issue of “limitation of power,” will be left for another study, focusing here on the theoretical basis of the formation of political authority in Islamic thought. In the classical period of Islamic thought, the following three aspects stand out in this context and, as a result, distinguish Islamic political theory from historical counterparts. The first is a strong emphasis on the historical existence and unity of the Muslim community, both in the Qur’an and hadith, and among Ahl al-Sunnah scholars who study these texts. To this end, the Muslim community was almost synonymous with the existence of Islam, and scholars’ primary goal has been to maintain social unity and integrity.&nbsp;Second, the Sunni perspective on politics necessitates the distinction between “formal” and “substantive” elements of the political order, also known as “qatiyyât”&nbsp;&nbsp;and “dhanniyyât” in literature. As is well known, although the purpose and function of the political order and the principles upon which it is based have been sufficiently emphasized, neither the Qur’an nor the Sunnah contains clear and binding regulations on the formal requirements of the political order. Scholars developed these principles over time and in the context of historical events, particularly by examining the practices of the Rashid Caliphs and the Companions. As historical conditions changed and the application of these formal conditions became practically impossible, scholars had to revise political theory based on the essential (qat’i) elements of the political order and the basic principles of the Qur’an and Sunnah. In this context, “qatiyyât” refers to the purpose and nature of the political order, whereas “dhanniyyât” refers to the constitutive process of the political order and the conditions that rulers must meet.In Islam, as in all other cultural systems, the primary goal of political order is to ensure society’s collective existence, unity, and continuity. This necessitates a hierarchical structure, centralization of power, and obedience to political leadership. Unlike other systems, the second purpose of Islam’s political order is to enforce Sharia law, which provides the Muslim society with its identity and serves as its raison d’être. These two fundamental objectives are the absolute elements of the political order. Aside from this, the process of establishing the political order (particularly the election or non-election of the ruler) and the conditions that the candidate for rulership must meet (knowledge, power, competence, and even Quraysh citizenship) are secondary elements that serve to realize the main objectives and constitute presumptive principles. Throughout Islamic history, as the conditions of the time changed and the realization of the secondary elements became more difficult, scholars were able to give up the secondary (dhannī) elements for the sake of the main objectives.Third, the source of political authority in Islam is the law. Although almost all other traditions achieve power concentration by attributing divinity to governments and rulers, Islamic thought categorically rejects this practice. Power concentration in Islam is only justified on a legal basis, not on a metaphysical or theological basis. This has enabled the development of a theoretical framework and a political–moral mechanism that is highly resistant to corruption and abuse of power. In other cases, the reference to divinity tended to reinforce an “unrestrained” understanding of power, which occasionally resulted in power abuse and corruption and the establishment of authoritarian governments.The political theories of al-Māwardī, al-Juwaynī, al-Ghazālī, and Ibn Taymiyya can be given as examples of this attitude of Ahl al-Sunnah scholars. These scholars saw the Muslim community’s unity, integrity, continuity, and the application of Sharī’ah law as the two indispensable central purposes of political order. The political order can only be considered legitimate if it meets these two criteria. In pursuit of these goals, al-Māwardī, for example, legitimized the rule of the al-Buwayhī emirs, who seized power by force&nbsp;&nbsp;of arms, contradicting the principle of government establishment through election. Meanwhile, Al-Juwaynī was able to waive the Qurayshite requirement because he believed that the Seljuk vizier Nizam al-Mulk could establish the most suitable government for the aforementioned purposes. Meanwhile, Al-Ghazālī included the Seljuk sultan in the caliphate system because he believed that the political order in question could only be established through military power, and he argued that a candidate lacking knowledge qualifications could become caliph if he received assistance from the scholars around him. In contrast, Ibn Taymiyya was able to propose a model of political order, at least in some of his works, that made no reference to the classical theory of imamate and was based on the belief that the primary condition for a legitimate political order is the application of Sharī’ah law.To summarize, while the Qur’an and Sunnah have established the purpose of the political order and the fundamental principles upon which it is to be based, they have not addressed the formal dimension or mechanism of the political order. In accordance with the circumstances of the time, the jurisprudence and ijma of the scholars filled the gap that resulted from this silence. In this regard, where the Qur’an and Sunnah are silent or open to interpretation, the Ahl al-Sunnah scholars focused on the essence of the political order as expressed in the Qur’an and Sunnah, namely, its purpose and function, while accepting some formal flexibility. When this nuance is not recognized, this flexibility is perceived as spinelessness or a lack of identity, which is not the case, and Ahl al-Sunnah scholars may be unfairly accused.

Klasik Ana-akım İslam Siyaset Düşüncesinde İktidarın Temerküzü

Ayşe

IntroductionIt is known that many psychosocial factors are effective in the formation of music preferences, so the relationship between music genres and personality types has been the subject of many researches. Sometimes, attitudes that may vary depending on certain social situations rather than personality types have also effect on the music preferences. However, it is a matter of curiosity about what type of role attitudes play in the relationship between music preferences and personality types. This research examines the role of religious attitudes in the relationship between personality types and music preferences. It has been observed that the body of the literature examining the relationship between religious attitudes and music preferences is limited, and these studies do not include other factors that may affect the relationship between religious attitudes and music preferences, and these studies are often conducted with sample groups that are university students.i Although the studies mention that the music provides religious experience and affiliation in religious groups, it has not been mentioned how it changes religious attitudes and how these variables are related to personality traits.ii Therefore, the research question is "What is the role of religious attitude in the relationship between personality types and music preferences?". Religious attitudes may not only be related to religious music preference, and it is still ambiguous to what extent the religious attitudes are effective in the preference of certain personality types for certain types of music. Therefore, the unique aspect of this research is examining the role of personality types and religious attitudes in determining music preference.MethodologyThis research examines the mediating role of religious attitude in the relationship between personality and music preferences via the correlational method. Personality is the IV, music preference is the DV, and religious attitude is the mediator variable (MV).The population of this research is adults between the ages of 18-57 living in Turkey. The sample comprises 317 people which is set non-randomly. 74.8% of the sample is women (n = 237) 25.2% is men (n = 80). 13.6% (n=43) of the sample is 25 years old or younger, 38.2% (n=121) is between 26-35 years old, 32.8% (n=104) is between 36-45 years old, 12.6% is 46-55 age range, and 2.2% (n=7) is 56 years old or older. Participants' level of perceived religiosity as it follows: 12.6% (n=40) indicated “I am not religious”, 21.1% (n=67) said “I am a little religious”, 58.7% (n=186) said “I am religious”, and 7% said “I am religious”, 3% of them (n=23) said, "I am very religious". 31.2% (n=99) of the participants reported that they got musical education, and 68.8% (n=218) reported that they did not get musical education.&nbsp;The Five Factor Personality Scale, validated by Horzum et al. on 218 high school students, is a 10-item personality scale by Rammstedt and John. It is a 5-Likert type and includes 5 sub-scales: extraversion, agreeableness, selfcontrol, neuroticism, and openness to experience, and includes 2 items from each sub-dimension, making a total of 10 items. The second scale is the Religious Attitude Scale developed by Üzeyir Ok which consists of 8 items. It is a 5-Likert-type scale that has 4 sub-scales: cognition, behavior, emotion, and the relationship with God (RwG). Demographic form and music preference form are used as well. This research was conducted after receiving the approval of the Ethics Committee of Istanbul Sabahattin Zaim University numbered E-20292139-050.01.04-56507 on 31.05.2023, and all ethical concerns were carefully met.ResultsThere are significant relationships between personality types and music preferences. Agreeableness is found to be positively related to Turkish Classical Music (TCM) (r=.166, p&lt;.001). Extraversion is found to be significantly positively related only to Jazz (r=.120, p&lt;.05) and Western classical music (WCM) (r=.110, p=.051), but the pvalue remained very close to the significance level. A significant negative correlation is found between self-control and metal/rock music (r=-.163, p&lt;.05). Neuroticism, on the other hand, is found to be negatively related to both WCM (r=-.192, p&lt;.001) and Jazz Music (r=-.142, p&lt;.05). Finally, the openness to experience is positively correlated with WCM (r=.389, p&lt;.001), jazz music (r=.312 p&lt;.001) and metal/rock (r=.204, p&lt;.001) at significant level.&nbsp;Furthermore, the Relationship with God (RwG) dimension of religious attitude serves as a mediator in the relationship between pop music and openness to experience. However, it functions as a partial mediating variable in the relationship between neuroticism, self-control, agreeableness, and extraversion and pop music. On the other hand, the positive significant correlation between WCM and jazz preference and extraversion turned to negative when all dimensions of the religious attitude were mediators but Sobel test results showed no significant level, so religious attitude is a partial mediating variable in the correlation between extraversion and WCM &amp; jazz preferences. It is found that the significant negative relationship between rock and openness to experience becomes stronger when all of the dimensions of religious attitude are mediating variables (p&lt;.05). While the positive correlation between agreeableness turned to significant while the emotional dimension of religious attitude is a&nbsp;mediator (F(2, 314)=3.470, p= .032, R=.101), and the correlation between agreeableness and Sufi Music became significant if both of the emotional (F(2,314)=3.470, p=.032, R=.101) and behavioral (F(2,314)=5.199, p=.006, R=.147) dimensions of religious attitude are mediators (p&lt;.05).The negative relationship between neuroticism-WCM is found significant if the cognitive (F(2,314)=24.109, p=.000, R=-.313) and emotional (F(2,314)=19.815, p=.000, R=-.276) dimensions of the religious attitude were found to be mediator variables (p&lt;.05). The negative relationship between neuroticism-jazz are found significant if the cognitive (F(2,314)=39.816, p=.000, R=-.430) and emotional (F(2,314)=32.436, p=.04, R=-.391) dimensions of religious attitude are mediator variables (p&lt;.05). As a matter of fact, this finding is significant by considering the perceived level of religiosity who prefer jazz of which 60% of the people indicated that they are not religious, 10% are somewhat religious and 30% are religious. It has been observed that the cognitive and emotional dimensions of religious attitude have a mediating variable role in the significant relationship between neuroticism and jazz and WCM.Conclusion&nbsp;The mediating role of religious attitude in the relationship between personality and music preference is related to both a perception of religion intertwined with musical education and the aspect of music that offers a religious experience. However, it is still ambiguous whether the relationship between personality and music preference is related to one dimension of personality or another component.&nbsp;Since the music has an aspect that can provide religious experience, it is expected that the role of religious attitude in music preferences is significant. A positive correlation between Turkish Folk Music (TFM) and Sufi music and agreeableness indicates the unity of religion and music in the Turkish tradition. Mevlevi lodges offered highquality musical education at that time and Itrî, one of the respected and master musicians was also Mevlevi. It shows the intertwined relationship between religion and music in the Turkish history of classical music tradition. When it comes to TFM, music appears as a conveyer of religious values, on a basis where Anatolian folk poets transmit values from generation to generation through folk songs.&nbsp;The positive relationship between Sufism and openness to experience reaches a significant level when the emotional and behavioral dimensions of religion are mediators. It also brings to mind the close connection between Sufi music and Mevlevi culture. The reed instrument (ney) is at the center of Sufi music and the reed is considered as a symbol of perfect human being (insan-ı kâmil) by Mevlâna (Rumî). While the Mevlevi dervish lodge experiences the process of evolution under the guidance of the sheikh (seyr-i süluk) similarly, traditional Turkish musical education progresses through the master-apprentice relationship (meşk system). Considering the components of the traditional background of Sufi music and its relation with religious events, it can be expected that those who prefer Sufi music will display the personality trait of openness to experience less than other types of music.

Kişilik Tipleri ve Müzik Tercihleri Arasındaki İlişkide Dinî Tutumun Aracı Rolü

Süleyman

Din Pedagojisinin Eleştirisi ve Pratik Bir Metafizik Olarak Din Eğitiminin İmkânı

Seyithan

Assoc. Prof. Dr.

Biyolojik Determinizm İddialarına Epigenetik ve Beyin Plastisitesi Özelinde Teolojik bir Çözümleme

Osman

Sinodalite Sinodu Bağlamında Vatikan’ın Kadın, Cinsiyet ve Cinsel İstismar ile İmtihanı

Mahmoud

Nations often confront situations that lead to substantial destruction of their human and structural foundations. In these emergency circumstances, the true capabilities of nations and civilizations become apparent through the strength of their laws, the cohesion of their citizens, the solidarity of their communities, their ability to recover swiftly, and the manifestation of justice and benevolence. These situations also reveal the inherent dispositions and ethics of the populace. A closer examination of Islamic political legislation highlights its remarkable richness in effectively managing state affairs during crises and disasters, particularly due to its foundational principles of justice, mercy, cooperation, and solidarity.This study aims to document the legislative policies concerning disaster management and to highlight the fundamental, objective, and jurisprudential principles upon which these policies are based. The study is divided into two main sections.This study aims to document the legislative policies concerning disaster management and to highlight the fundamental, objective, and jurisprudential principles upon which these policies are based. The study is divided into two main sections.Section One: This section addresses the concept of natural disasters and the legislative policy for managing and mitigating their effects. It outlines the responsibilities of the state in light of Sharia principles, encompassing fundamental, objective, political, and jurisprudential considerations, as well as the overarching objectives of Islamic political governance (siyāsa sharʿīyya).Islamic political governance mandates that rulers safeguard the interests of the nation, especially during crises that threaten the safety and well-being of its inhabitants. Numerous examples illustrate the early richness of Islamic political thought aimed at addressing such crises. Notably, Imām al-Ḥaramayn al-Juwaynī provided profound jurisprudential insights regarding methodology and content. Several Sharia principles support the objectives of Islamic political governance, and the researcher has chosen to focus on four key categories:1. Maqāṣid-based principles: These include principles related to public interest, balancing priorities, and establishing hierarchies of needs. 2. Political principles: These entail the obligation for rulers to act in the best interest of their subjects and to choose what is most beneficial for the community. 3. Fundamental principles: This category includes collective obligations (farḍ kifāya), the means to achieve ends (sadd al-dharāiʿ), and considerations of outcomes. 4. Fiqh-based principles: These principles address issues of harm and hardship, ability and difficulty, as well as necessity and need.Section Two: This section explores the various policies and measures mandated by Sharia principles and objectives. The researcher categorizes these into two types:1. Policies related to religious matters: These encompass doctrinal, jurisprudential, and educational/behavioral policies. 2. Policies related to worldly affairs: These cover a range of aspects of life, including scientific research, humanitarian aid, social security, security and defense, political and economic issues, legislative and legal matters, as well as media, education, material, and moral concerns. By adhering to these diverse and comprehensive policies, one can observe the distinctiveness of the Islamic epistemological model compared to alternative models that have diverged from divine revelation. These latter models often exhibit inconsistencies in methodology and contradictions in priorities.This study is grounded in two key hypotheses:1. The extraordinary nature of Sharia principles and objectives, along with their methodological potential, can be harnessed to illuminate the legal and political obligations regarding disasters as public crises. These responsibilities extend beyond individual moral duties to encompass the state and its relevant institutions. 2. The accountability for natural disasters exists despite the misleading connotation of the term “natural,” which might suggest that society and the state are absolved of responsibility. Contemporary scholarship and experience indicate that states and international organizations must adopt numerous precautionary measures to prevent such disasters or mitigate their impact. This obligation exists prior to the disaster occurring and extends to implementing necessary actions afterward, addressing various dimensions of life: doctrinal, jurisprudential, behavioral, scientific, research-based, intellectual, cultural, political, economic, social, military, security, environmental, health-related, and human rights considerations.The study aims to explore Islamic legislative policies in disaster management through the lens of Sharia objectives and principles, contributing to the renewal of political jurisprudence, through what is referred to in contemporary scholarship as ‘public policy’.In recent decades, the field of public policy has garnered increasing attention within political science, with its diverse branches and many schools of thought addressing local, regional, and international contexts. However, contemporary Islamic political jurisprudence remains somewhat detached from the developments in this field, particularly when comparing it to the rich Islamic political heritage. Although this heritage encompasses numerous discussions and references, it often remains fragmented and in need of consolidation into comprehensive theories, thereby highlighting the Islamic contribution to governance and moral behavior.One of the most critical areas requiring an Islamic civilizational perspective is public policy related to exceptional circumstances and crisis management. Governments must design and implement policies through programs, decisions, and plans that consider the state’s capabilities and prioritize public welfare and national objectives. The researcher has identified three methodological issues in the study of rulings related to natural disasters:1. Rulings on disasters are frequently examined in isolated contexts, focusing on specific effects rather than exploring the comprehensive foundations of disaster jurisprudence by referring to Sharia principles and objectives as methodological tools. 2. There is a notable scarcity of studies that investigate disasters within the framework of Islamic political governance, despite their deep interconnection. 3. Discussions on natural disasters are infrequent in studies addressing emergency circumstances, often limited to financial impacts on contracts and options, among other considerations.This study addresses these three concerns by examining disasters within three contexts: a methodological and comprehensive context (Sharia principles), a political and societal context (Islamic political jurisprudence), and a practical and applied context (detailed religious and worldly measures).In conclusion, the study reveals several key findings, with the most significant being the depth, authenticity, and precision of the Islamic methodology in studying and addressing disasters across various contexts. This is evident through the application of fundamental principles, values, and objectives of this methodology in the realm of disaster management. The necessary measures before, during, and after disasters were delineated as religious obligations, collective duties, and political responsibilities. It has become clear that Islamic legislation serves the interests of the nation and the community in both ordinary and extraordinary circumstances through policies and measures aligned with its general spirit and comprehensive objectives. This insight opens important avenues for further research, exploration, theorization, and practical application in the field of public policy from an Islamic civilizational perspective, especially for policies requiring special attention due to their close relationship with comprehensive political jurisprudence.

Legislative Policy in Dealing with Natural Disasters in Light of Maqasid of Shariah and its Principles

Mahmut

Throughout history, various theories have been put forward on the existential belonging of the Qurʾān to God. Although Islamic scholars agree that the Qurʾān is a speech belonging to Allah, they have different views on how it is realized. Some scholars have argued that the speech is an eternal attribute of God’s essence, while others state that it is created by God. This conflict brought along the discussions of khalq al-Qurʾān, where one of the arguments put forward is the evidence pointing out that there is a difference in virtue between verses and surahs in the Qurʾān. Expressions such as the most/better, the most/higher, and the most/virtuous indicate that some verses and surahs are superior to others. In the classical literature, this subject is discussed under the title of Afdaliya or Tafādul in the Qurʾān within the framework of the narrations related to Faḍāil al-Qurʾān. Although the root letters of both concepts are the same, the afdaliya is an infinitive derived from an adjective in the ism-i tafdil meter, and the tafādul is an infinitive derived from a verb. When it is used about the Qurʾānic surahs and verses, the afdaliya is related to the essence of kalam Allah, while the tafādul refers to the imagination formed in the minds of the interlocutors.There is general agreement that the Qurʾān is superior to all speeches, including other divine books and pages. This superiority is supported by clear text such as the approval of some rules in the previous books in the Qurʾān and the abrogation of others. In addition, some of its distinguishing features are that it is the last divine book from Allah and that it still exists as the Prophet’s greatest miracle until the Day of Judgment. However, the statements in the Qurʾān and hadiths that some verses and surahs are superior or more virtuous than others have introduced discussions on the subject. Although there are differing opinions on the issue of afdaliya/tafādul among Islamic scholars, most scholars taking into account the outward meanings of the expressions that some verses, surahs, and hadiths are superior to others have argued that virtuousness is real. Another group of scholars, claiming a difference in virtue between verses and surahs means accepting that the speech of Allah is composed of parts which necessitates the creation of Allah’s speech stated that these expressions should be interpreted. Some scholars find it inappropriate to express their opinions on this issue.The view that there is no superiority difference between verses and surahs emerged as a reaction to the Muʿtazila’s claim that the Qurʾān is created. Because, in the Qurʾān, the Muʿtazila associates the issue of virtuousness with the claim that the kalām Allah is created. The verse 2/106 of al-Baqara, known as the naskh (abrogation) verse, provides evidence for khalq al-Qurʾān. Accordingly, if the Qurʾān, i.e., the speech of Allah, was preeternal, then the abrogated verses should also be preeternal. However, the nāsikh (abrogating) verses always come after the mansūkh (abrogated) verses and terminate their function. One cannot talk about eternity where priority and aftermath are in question because being before or after is related to time, while eternity is a concept beyond time. On the other hand, replacing something with a better or similar one is a characteristic of created beings. Because the one who is low in virtue is deficient in comparison to the superior. Imperfection cannot be a feature of eternal beings. The scholars of ahl al-Sunna, who see the Qurʾān as the eternal speech of Allah, accept the difference in virtue pointed out in the relevant verses and hadiths, but state that this difference is not related to the nature of kalām Allah. Accordingly, all verses and surahs are equal in terms of being the speech of Allah. However, there is a degree of difference between these verses and surahs in the effect they have on people, where this difference is even pointed out in the verses and hadiths in question.This article will focus on the difference in virtue between verses and surahs mean in terms of the Qurʾān being the speech of Allah. It will be explained how the texts, which disrupt the equality between verses and surahs in appearance, are reconciled with the principle of eternity and indivisibility of kalām Allah. In this context, first, the concepts of afdaliya and tafādul, which constitute the conceptual framework of the subject, will be emphasized. Then, the general views of Islamic scholars on the difference in virtue between verses and surahs will be discussed alongside the reasons for acceptance and rejection that they put forward around the discussions of khalq al-Qurʾān - naskh. Finally, the points where they are equal or differ in terms of virtue will be determined by making a distinction between dhikr and madhkūr between verses and surahs. Thus, it will be revealed that the difference in virtue is not due to the nature of the divine speech, but from its effect on humans. Qualitative research methods such as catalog scanning, documentation, and data analysis were used, which is based on written sources and historical data.

İlâhî Kelamın Mahiyeti ve Epistemolojisi Açısından Kur’an’da Efdaliyet/Tefâdul Meselesi

Ibrahim

Mutiu

Abū Isḥāq al-Shīrāzī’nin Davranış Değiştirme Modeli:   “Al-Ṭib Al-Rūḥānī” Üzerine İndüktif Bir İnceleme

Mustafa

In the modern period, Orthodox Judaism emerged with the claim of being the natural heir of Rabbinical Judaism, and based on this claim, it regarded Reformist and Conservative religious movement as outside authentic Judaism. In the process of modernisation and secularisation of European Jews after the Enlightenment and emancipation periods, the general tendency of Jews who continued to claim to be loyal to tradition was to separate from modern society and stay away from secular science and culture as much as possible. In the 19th century, Jewish communities and rabbis who were described as Orthodox were the most obvious parties to this opposition.The discourse of renewal and modernisation within traditional Judaism was first put forward by rabbis such as Samson Raphael Hirsch (1808-1888) and Azriel Hildesheimer (1820-1899) in the 19th century. Hirsch played a key role in the emerging of modern Orthodox thought. On the other hand, Hildesheimer’s influence has been relatively pushed into the background. Although it is indisputable that Hirsch provided an awakening in the process of modernisation of traditional Judaism, the expansions that Hildesheimer provided to traditional thought, in both its intellectual and institutional dimensions, have been substantially decisive for Modern Orthodoxy in practise.Torah im Derech Eretz (Torah with the way of the land), which was introduced by rabbi Hirsch and considered the most fundamental concept of Neo-Orthodox Judaism, was fundamentally adopted by Hildesheimer, like other modernist leaders. However, Hildesheimer differs from Hirsch in terms of the depth of the relationship between religious and secular knowledge. In Hirsch’s approach, secular knowledge is included in Jewish education and practical life, provided that it is not prioritised over Torah knowledge; on the contrary, it is subordinated to Torah knowledge. Taking this idea one step further in the process leading to Modern Orthodoxy, Hildesheimer wanted to develop it within the framework of a systematic education method and expand its field of meaning in a manner that would enable it to come into closer contact with the modern world. Through this process, he aimed for a more permanent transformation in Orthodox thought.The tool that Hildesheimer used for this purpose was the Wissenschaft des Judentums (Science of Judaism). Rabbiner-Seminar Fuer Das Orthodoxe Judentum (The Rabbinical Seminary for Orthodox Judaism), which he founded in 1873, is the only Orthodox institution that centres this perspective and aims to transform the traditional understanding of knowledge. Historical-critical research, which was seen as a threat to traditional beliefs by Hirsch and his followers, was seen by Hildesheimer as the most important tool for illuminating the rabbinic tradition and post-literature more clearly and transparently. He also believed that such research could be instrumental in defending Orthodox Judaism against the challenges of Reformist thought. The perspective adopted by Hildesheimer, together with Orthodox leaders, within the framework of traditional Judaism’s understanding of Torah and revelation, rejected the idea that Judaism is subject to history and has a continuous development, contrary to what most pioneer leaders of the Wissenschaft des Judentums movement claimed. For this reason, both the Reform movement and the Historical School, which instrumentalize the Wissenschaft des Judentums in this direction, were opposed. Regarding issues based on truth, faith, or religious pluralism, Hildesheimer appears to have a protective attitude towards inherited tradition. His opposition was directed at both the Hochschule für die Wissenschaft des Judentums (Higher Institute for Jewish Studies) founded by Abraham Geiger (1810 1874), from the pioneer Reformists, and at Frankel, founder of the Breslau Seminary. In this context, Hildesheimer, through the rabbinical school he founded and his attempt to interpret the Wissenschaft des Judentums from an Orthodox perspective, adhering to the basic doctrines of Judaism, brought the tendency and ability to think critically and scientifically to Neo-Orthodox Judaism.The second aspect Hildesheimer brought to Modern Orthodoxy is his commitment to the ideal of integration and Kol Yisrael (All Israel). Although he was a Jewish law authority who also wrote responsa in his time, Hildesheimer focused more on issues such as the place of Jews in the modern world and Jewish unity, and pursued to build an Orthodox Jewish identity that could combine traditional and modern values and was open to integration and development both among Jewish groups and in relations with gentiles. In his thought, as a concrete change of perspective to Orthodox Judaism, close cooperation and dialogue with Jewish individuals and communities, with all their differences, was envisaged in secular areas or in areas believed to contribute to Jewish unity, such as Zionist thought. A distinguishing feature of Hildesheimer’s interpretation is that despite not approving of their religious interpretations, he wishes to establish relationships with Jewish individuals, communities, and institutions outside Orthodoxy in non-religious areas for the sake of Jewish unity. Although he was exposed to criticism from the Orthodox wing, he established close relations with Jews who supported the Reform movement and Historical School in non-religious fields and conducted joint work with Zionist organisations in addition to philanthropy, education, and social activities.Similar to the Reform movement and Conservative movement that emerged in Europe but gained institutional structures in the United States, Modern Orthodox Judaism is also strongly represented in the United States. American Jewish Orthodoxy, which expresses itself mainly through Yeshiva University in terms of education, presently stands out with its view of integration, Jewish unity, and scientific perspectives. In this context, considering the prominent characteristics of the American Orthodox tradition from the past to the present, its intellectual background has been largely shaped by Hildesheimer’s perspective in the two areas mentioned in his ideal of transforming Orthodox Judaism.&nbsp;In the context of all that has been mentioned, this study examines Hildesheimer’s contribution to Orthodox Judaism and, when the occasion arises, will carry out a comparative analysis in the context of his mutual relationship with both Orthodox rabbis and Hirsch. In this regard, Modern Orthodoxy today bears considerable traces of Hildesheimer’s thought. In other words, when compared to the Hirsch-style interpretation, which envisions an isolated and separatist Orthodox renewal, Hildesheimer emerges as the foremost leader guiding Modern Orthodoxy.

Ortodoks Yahudiliğe Modern Bir Yaklaşım: Azriel Hildesheimer (1820-1899) ve Rabbiner-Seminar Fuer Das Orthodoxe Judentum (Ortodoks Yahudilik Rabbani Okulu)

Kadir

In the commentaries of Mashariq al-Anwar, a citation is made to the commentary summarized as the Tuhfa (full name Tuhfat al-Abrar fi Sharh Mashariq al-Anwar). The academic studies carried out so far have stated the work titled at-Tuhfa to be the commentary Mashariq al-Anwar by Akmal al-Din al-Babarti (d. 786/1384). Independent studies comparing the commentaries of al-Babarti and Ibn Malak (d. after 821/1418) have stated that Ibn Malak referred to al-Babarti’s commentary with the name “at-Tuhfa.” However, the work titled at-Tuhfa is not a source name that was first encountered in Ibn Malak’s Mabariq al-Adhar. Likewise, a citation for at-Tuhfa had also previously been found in the commentaries of both al-Babarti and Wajih al-Din Umar al-Arzinjani (d. after 725/1324-25). Therefore, al-Babarti, who cited a Mashariq commentary titled at Tuhfa as a reference, could not have called his own work by the same title.This research aims to determine the source of the literary error regarding the Mashariq al-Anwar commentary titled Tuhfat al-Abrar and the original name of the commentary. In addition, the study will introduce Muhammed al-Arbili’s (d. post-678/1279-80) work titled Tuhfat al-Abrar, which al-Arzinjani and Ibn Malak, one of the following commentators, cited in many parts and expressed their views stating “sahib al-Tuhfa” [belonging to al Tuhfa]. Meanwhile, thanks to the identification of two different commentaries and two unique titles of a text book, attention has been drawn to a recurring bibliographic error in related recent studies.Tuhfat al-Abrar is an important source referenced in Mashariq al-Anwar commentaries and wrongly attributed to Akmal al-Din al-Babarti. Naming al-Babarti’s commentary as Tuhfat al-Abrar dates back to a long time after the commentary was written. As far as can be determined, Katip Çelebi (d. 1067/1657) was the first to introduce al-Babarti’s commentary under the title Tuhfat al-Abrar fi Sharh Mashariq al-Anwar. Following Katip Çelebi, Ismail Pasha and Umar Rida Kahhala also both mentioned the title of the commentary as Tuhfat al-Abrar. The incorrect attribution of al-Babarti’s commentary started with Katip Çelebi and has been perpetuated in academic studies. It has even become completely widespread, as some of these were published with the title al-Babarti’s Tuhfat al-Abrar fi Sharh Mashariq al-Anwar.Manuscript catalogs and electronic indexes that are frequently used have also recently contributed to al-Babarti’s commentary becoming infamous under the erroneous title of Tuhfat al-Abrar. This commentary has been introduced under the title Tuhfat al-Abrar in the indexes of the Turkish Manuscripts Institution and Turkish Religious Foundation Islamic Encyclopedia, which are used as the primary sources for scanning manuscripts. Once the title Tuhfat al-Abrar had become widespread in electronic sources, researchers then relied on Katip Çelebi’s explanation alongside the catalogs and indexes instead of going to the back endpaper records of the manuscripts in their research on al-Babarti’s&nbsp;&nbsp;commentary or even the front endpapers. This is because the title Tuhfat al-Abrar isn’t found in the back endpapers of the manuscript copies of al-Babarti’s commentary.On the back endpapers for nearly twenty copies of the more than sixty manuscripts of the first volume of al-Babarti’s owrk in the Turkish Manuscripts Institution, the name of the commentary is explained with the statement “This is the end of the first volume of al Ishraq fi Sharh Mashariq al-Anwar.” All researchers missed the name al-Ishraq at the end of the first volume because they did not examine the manuscripts carefully. Meanwhile, they had also disregarded the title al-Ishraq fi Sharh Mashariq al-Anwar in the back endpapers of the second volume of several copies, as well as in the front endpapers of a small number of manuscripts. Therefore, records recording al-Ishraq fi Sharh Mashariq al-Anwar in the back endpapers and front endpapers of certain manuscripts haven’t been placed into the academic literature. Additionally, researchers introduced the widely used copies of al-Babarti’s work as Tuhfat al-Abrar based solely on the incorrect naming by Katip Çelebi. These approaches are far removed from scientific passion.This research on Mashariq al-Anwar and his commentaries has identified a work called Tuhfat al-Abrar fi sharh al-Mashariq al-Anwar. It had not been recorded in the hadith commentary literature due to the fact that, besides being the first commentary of Mashariq al-Anwar, its author is not very well-known and not many manuscript copies are available. Tuhfat al-Abrar belongs to Muhammed b. Umar b. Ali b. Umar b. al-Hasan b. Ilyas b. Bahtiyar b. al-Mukri’ al-Arbili (d. post-678/1279-80). His name is not mentioned in Tabaqat books. Muhammed al-Arbili, having heard Mashariq al Anwar from Saghani, was the first commentator of the work and owner of a valuable copy containing the originals and notes.Mashariq al-Anwar used symbols to show whether hadiths were from Bukhari or Muslim or muttafaqun ‘alaih. However, some hadiths could not be found in Bukhari or Muslim that were indicated by other related symbols. Some hadith texts failed to comply with al-Sahihayn as well. Additionally, some of the companion narrators differed from those in Bukhari or Muslim. The interpretation of hadiths that did not comply with al Sahihayn in terms of the symbol, narrator, and text is the most crucial issue awaiting a unique solution for the text book.The evaluations by al-Arbili, who’d heard the commentary book from its author regarding Mashariq al-Anwar’s hadiths and narrators that differed from Bukhari and Muslim, and moreover the narrative differences from time to time or quotations from al-Saghani in the explanations of words as well as the information provided about the original copy had enabled Tuhfat al-Abrar to become one of the most basic sources of early Mashariq commentators.&nbsp;Wajih al-Din Umar al-Arzinjani, known as the second commentator of Mashariq al-Anwar, frequently referred to Tuhfat al-Abrar and quoted al-Arbili’s statements in many places, sometimes citing references and sometimes without citing a reference. Al Arzinjani referred to this as “ةفحتلا يف اذك” [it is so in at-Tuhfa] or as “ةفحتلا يف ركذ” [as mentioned in at-Tuhfa] in nearly 70 places in Hadayiq al-Adhar. Al-Arzinjani explained the work at-Tuhfa which he referred to without mentioning the author’s name, in the resources section at the end of Hadayiq al-Adhar by saying at-Tuhfa belonging to Imam Badruddin Muhammed al-Arbili rahimahullah. Therefore, the commentary indicated with the form “at-Tuhfa in Hadayiq al-Adhar can be said with certainty to refer to Muhammed b. Umar al-Arbili’s work titled Tuhfat al-Abrar fi Sharh Mashariq al-Anwar.Ibn Malak referred to it as “sahib at-Tuhfa” or “at-Tuhfa” in 47 places in Mabariq al-Adhar. Of the explanations Ibn Malak conveyed with these forms, 35 could not be identified in al-Babarti’s commentary. As stated in some academic studies, the source of Ibn Malak’s references to “at-Tuhfa” cannot be said to be Babarti’s commentary. Meanwhile, 25 of these 47 references are also not found in Arzinjani’s commentary. This allows one to say that Ibn Malak had directly referred to Arbili’s commentary and used Tuhfat al-Abrar as the primary source.This research has determined the authentic title of Al-Babarti’s Mashariq al-Anwar commentary to be al-Ishraq fī Sharh Mashariq al-Anwar based on the back endpaper records of the manuscripts and also based on the accuracy of this name having been confirmed by the “al-Ishraq” references the author made to his commentary in two of his works. Meanwhile, after Katip Çelebi titled al-Babarti’s commentary as Tuhfat al Abrar, the references in the form of “at-Tuhfa” that are present in the commentaries of Mashariq al-Anwar are noted to have been incorrectly attributed to al-Babarti, with the resulting literature error having been repeated in recent academic studies as well. In addition, despite being the first commentator of Mashariq al-Anwar and influencing the subsequent commentaries significantly in terms of commentary method and explanations, this study has introduced the work titled Tuhfat al-Abrar fi Sharh Mashariq al-Anwar by Muhammed al-Arbili, whose references are unknown as he was not famous.

Bir İsim İki Şerh: Tuhfetü’l-Ebrâr Fî Şerhi Meşârikı’l-Envâr

Muharrem

Osmanlı Fetva Literatüründe Aidiyete İlişkin Bir Tashih: Fetâvâ-yı  Ali Efendi’nin Kısa Bir Versiyonu Olarak “Fetâvâ-yı Karaçelebizâde”

Bahaddin

Necmeddin el-Hentâtî’nin “el-Fıkhu’l-Hanefî bi-İfrîkiyye fi’l-karni 3 h./9 m. Rivâyetü Esed b. Furât li-Kitâbi’l-Asl” Adlı Tahkikinin Değerlendirmesi

Bayram

Jane McAuliffe’nin “The Qur’an: What Everyone Needs To Know”  Adlı Eserinin Değerlendirmesi

Aslı

Moderne Gelenekten Bakmak: Barbar, Modern, Medenî: Medeniyet Üzerine Notlar

Ramazan

Res. Assist.

İbrahim Aşlamacı’nın “21. Yüzyıl Becerileri ve Din Eğitimi” İsimli Eserinin Değerlendirmesi

İsmail

Res. Assist. Dr.

Muhammed Muhammed Ebû Mûsâ’nın “el-Meskûtü ‘anh fî kitâbey el-Muvâzene ve Lübâbi’l-âdâb” Adlı Eserinin Değerlendirmesi

Necmettin

Prof.

CALL FOR PAPER FOR SPECIAL ISSUE

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

Muhammed

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

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

Elif

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

Öğretim Görevlisi Dr.

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

Öğretim Görevlisi

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

@JOURNAL_BOX_CURRENT

Mehmet

Prof. Dr.

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

@JOURNAL_BOX_EARLYVIEW

Nilüfer

Assist. Prof.

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

@JOURNAL_BOX_FEATURED

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;
(II)         Develop original theoretical and conceptual advances;
(III)        Examine different and new research methods;
(IV)        Present comparative studies using different example cases.

Index Islamicus

Scopus

EBSCO

ERIH PLUS

TR Dizin

DOAJ

SOBIAD

ATLA Religion Database

Gale Cengage

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darulfunun ilahiyat

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Editor in Chief

Co Editor in Chief

Editorial Management Board Member

Section Editor

Editorial Relations Manager

Ethics Editor

Statistics Editor

Book Review Editor

Methodology Editor

Publicity Manager

Editorial Assistant

Technical Specialist

Language Editor

Editorial Board Member

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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.

Aim and Scope

<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>

Indexing and Abstracting

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.

Policies

The journal is an open access journal and all content is freely available without charge to the user or his/her institution. Except for commercial purposes, users are allowed to read, download, copy, print, search, or link to the full texts of the articles in this journal without asking prior permission from the publisher or the author. This is in accordance with the <a href="https://www.budapestopenaccessinitiative.org/read" target="_blank">BOAI</a> definition of open access.The open access articles in the journal are licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International (<a href="https://creativecommons.org/licenses/by-nc/4.0/deed.en" target="_blank">CC BY-NC 4.0</a>) license.

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)