Maḥmūd al-Fanārī’s Life and His Treatise on Ta‘zīr

Name: Maḥmūd al-Fanārī’s Life and His Treatise on Ta‘zīr
Author: Şaban Kütük

İsim	Maḥmūd al-Fanārī’s Life and His Treatise on Ta‘zīr
Yazar	Şaban Kütük
Konu	Crime, Sodomy
Tür	Kitap
Dil	Arapça
Dijital	Evet
Yazma	Hayır
Kütüphane:	Danimarka Kraliyet Kütüphanesi
Demirbaş Numarası	EISSN: 2717-6967, DOI: 10.26650/iuitd.2025.1397475
Kayıt Numarası	cdi_doaj_primary_oai_doaj_org_article_77e505e219fa4cf8bb552dc5e43e640e
Lokasyon	DOAJ Directory of Open Access Journals
Notlar	This article examines the treatise on discretionary punishment (ta‘zīr) written by Maḥmūd al-Fanārī who was an Ottoman scholar from the 16th-century. The first part of the study reveals the life of Maḥmūd al-Fanārī, the positions he held, and the works he authored. The second part analyzes al-Fanārī’s treatise on discretionary punishment, which has not been comprehensively studied until now. al-Fanārī stated that he wrote the treatise due to the increase in corruption and crime rates in his era and the significant reduction in punishments for ta‘zîr crimes. He attempted to outline the H̱anafī theory of discretionary punishment by drawing from various furū‘ and fatwā books. The treatise addresses the place of ta‘zīr in the H̱anafī penal system, its legitimacy, and some crimes and punishments related to ta‘zīr. One of the detailed topics the treatise focuses on is liwāṭ (sodomy). al-Fanārī examined sodomy and many related issues in his work and vehemently opposed the claim, put forward by some circles in his period, that a master could engage in homosexual relations with his slave. This permissibility situation expressed by al-Fanārī was also severely criticized by some of his contemporaries in their works. One of the focal points of this study is to analyze the fiqhī issues produced regarding sodomy in that period based on al-Fanārī’s treatise. The appendix of the study includes a critical edition of the treatise.
Görüntüle	İslam tetkikleri dergisi, 2025-04, Vol.15 (1), p.293-340

Kaynağa git Danimarka Kraliyet Kütüphanesi Royal Danish Library

Aramaya Dön

Danimarka Kraliyet Kütüphanesi

Kaynağa git

Maḥmūd al-Fanārī’s Life and His Treatise on Ta‘zīr

Yazar Şaban Kütük

Konu Crime, Sodomy

Tür Kitap

Dil Arapça

Dijital Evet

Yazma Hayır

Kütüphane Danimarka Kraliyet Kütüphanesi

Demirbaş Numarası EISSN: 2717-6967, DOI: 10.26650/iuitd.2025.1397475

Kayıt Numarası cdi_doaj_primary_oai_doaj_org_article_77e505e219fa4cf8bb552dc5e43e640e

Lokasyon DOAJ Directory of Open Access Journals

Notlar This article examines the treatise on discretionary punishment (ta‘zīr) written by Maḥmūd al-Fanārī who was an Ottoman scholar from the 16th-century. The first part of the study reveals the life of Maḥmūd al-Fanārī, the positions he held, and the works he authored. The second part analyzes al-Fanārī’s treatise on discretionary punishment, which has not been comprehensively studied until now. al-Fanārī stated that he wrote the treatise due to the increase in corruption and crime rates in his era and the significant reduction in punishments for ta‘zîr crimes. He attempted to outline the H̱anafī theory of discretionary punishment by drawing from various furū‘ and fatwā books. The treatise addresses the place of ta‘zīr in the H̱anafī penal system, its legitimacy, and some crimes and punishments related to ta‘zīr. One of the detailed topics the treatise focuses on is liwāṭ (sodomy). al-Fanārī examined sodomy and many related issues in his work and vehemently opposed the claim, put forward by some circles in his period, that a master could engage in homosexual relations with his slave. This permissibility situation expressed by al-Fanārī was also severely criticized by some of his contemporaries in their works. One of the focal points of this study is to analyze the fiqhī issues produced regarding sodomy in that period based on al-Fanārī’s treatise. The appendix of the study includes a critical edition of the treatise.

Görüntüle İslam tetkikleri dergisi, 2025-04, Vol.15 (1), p.293-340