A Study and Transcription of Late Ottoman Jurist Mehmed Said’s Aḥkām al-bay‘ bi al-wafā

Name: A Study and Transcription of Late Ottoman Jurist Mehmed Said’s Aḥkām al-bay‘ bi al-wafā
Author: Selman Küçüksucu

İsim	A Study and Transcription of Late Ottoman Jurist Mehmed Said’s Aḥkām al-bay‘ bi al-wafā
Yazar	Selman Küçüksucu
Tür	Kitap
Dil	Arapça
Dijital	Evet
Yazma	Hayır
Kütüphane:	Danimarka Kraliyet Kütüphanesi
Demirbaş Numarası	EISSN: 2717-6967, DOI: 10.26650/iuitd.2021.937507
Kayıt Numarası	cdi_doaj_primary_oai_doaj_org_article_49069570ddae460b85180ded215431d9
Lokasyon	DOAJ Directory of Open Access Journals
Notlar	The treatise of Aḥkām al-bay‘ bi al-wafā is written by Mehmed Said, an Ottoman jurist of the late modern period, with the intent of presenting it to the Fatwa Office (Fetvākhāne). The work deals with the loyalty contracts, i.e. bay‘ bi al-wafā. This type of contract, being tackled from various aspects by Hanafi jurists throughout the history of Islamic law, took an important place with its different meanings in Majalla al-Aḥkām al-‘Adliyya, which is considered one of the important works of the late Ottoman law. The contract was quoted in three different articles of Majalla and had distinct meanings in each of them. Drawing attention to this situation in his work, Mehmed Said Bey, at first, briefly articulates the provisions formed in the Hanafi school for the contract of bay‘ bi al-wafā and then makes a choice between these provisions in a way that best suits the needs of his period. Besides, he tries to eliminate the contradiction between the articles by evaluating them within the framework of the preferred provision. Finally, Mehmed Said Bey adds Ahmet Cevdet Pasha’s epistle to the last part of his work and aims to support his own opinion by stating that the al-qavl al-cāmi‘, which is also preferred by Cevdet Pasha.
Görüntüle	İslam tetkikleri dergisi, 2021-10, Vol.11 (2), p.829-860

Kaynağa git Danimarka Kraliyet Kütüphanesi Royal Danish Library

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Danimarka Kraliyet Kütüphanesi

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A Study and Transcription of Late Ottoman Jurist Mehmed Said’s Aḥkām al-bay‘ bi al-wafā

Yazar Selman Küçüksucu

Tür Kitap

Dil Arapça

Dijital Evet

Yazma Hayır

Kütüphane Danimarka Kraliyet Kütüphanesi

Demirbaş Numarası EISSN: 2717-6967, DOI: 10.26650/iuitd.2021.937507

Kayıt Numarası cdi_doaj_primary_oai_doaj_org_article_49069570ddae460b85180ded215431d9

Lokasyon DOAJ Directory of Open Access Journals

Notlar The treatise of Aḥkām al-bay‘ bi al-wafā is written by Mehmed Said, an Ottoman jurist of the late modern period, with the intent of presenting it to the Fatwa Office (Fetvākhāne). The work deals with the loyalty contracts, i.e. bay‘ bi al-wafā. This type of contract, being tackled from various aspects by Hanafi jurists throughout the history of Islamic law, took an important place with its different meanings in Majalla al-Aḥkām al-‘Adliyya, which is considered one of the important works of the late Ottoman law. The contract was quoted in three different articles of Majalla and had distinct meanings in each of them. Drawing attention to this situation in his work, Mehmed Said Bey, at first, briefly articulates the provisions formed in the Hanafi school for the contract of bay‘ bi al-wafā and then makes a choice between these provisions in a way that best suits the needs of his period. Besides, he tries to eliminate the contradiction between the articles by evaluating them within the framework of the preferred provision. Finally, Mehmed Said Bey adds Ahmet Cevdet Pasha’s epistle to the last part of his work and aims to support his own opinion by stating that the al-qavl al-cāmi‘, which is also preferred by Cevdet Pasha.

Görüntüle İslam tetkikleri dergisi, 2021-10, Vol.11 (2), p.829-860