The Relationship between Fatwa and Kaza in the Formation of Ottoman Law

Title The Relationship between Fatwa and Kaza in the Formation of Ottoman Law
Author Naci Aslan
Type Book
Language Arabic
Digital Yes
Manuscript No
Library: Royal Danish Library
Library Asset ID ISSN: 1301-966X, EISSN: 2602-2435
Record ID cdi_doaj_primary_oai_doaj_org_article_4ecf4f336e0a4977ab3a98c106c69111
Library Location DOAJ Directory of Open Access Journals
Notes As it is known, fatwa is the answer given by the mufti to questions asked on practical matters. Kaza, as a fiqh term, means that the cases and disputes that arise between the parties are duly heard and decided by the judge. Although both the mufti and the judge make decisions based on the provisions of the Quran and Sunnah, there are some differences between fatwa and qada. Fatwa consists of explaining and declaring the religious ruling, it is consultative and non-binding. Kaza, on the other hand, not only informs the religious ruling but is also binding. The article focuses on the dynamism that the two terms bring to Islamic law rather than their conceptual relationship. This dynamism has followed a stable course throughout the historical process.
Görüntüle Dini araştırmalar, 2015-11, Vol.1 (4), p.85-100
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Royal Danish Library - Ottoman library catalog search Royal Danish Library

The Relationship between Fatwa and Kaza in the Formation of Ottoman Law

Author Naci Aslan
Type Book
Language Arabic
Digital Yes
Manuscript No
Library Royal Danish Library
Library Asset ID ISSN: 1301-966X, EISSN: 2602-2435
Record ID cdi_doaj_primary_oai_doaj_org_article_4ecf4f336e0a4977ab3a98c106c69111
Library Location DOAJ Directory of Open Access Journals
Notes As it is known, fatwa is the answer given by the mufti to questions asked on practical matters. Kaza, as a fiqh term, means that the cases and disputes that arise between the parties are duly heard and decided by the judge. Although both the mufti and the judge make decisions based on the provisions of the Quran and Sunnah, there are some differences between fatwa and qada. Fatwa consists of explaining and declaring the religious ruling, it is consultative and non-binding. Kaza, on the other hand, not only informs the religious ruling but is also binding. The article focuses on the dynamism that the two terms bring to Islamic law rather than their conceptual relationship. This dynamism has followed a stable course throughout the historical process.
Görüntüle Dini araştırmalar, 2015-11, Vol.1 (4), p.85-100
Royal Danish Library - Ottoman library catalog search
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