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    Comparative theories and methods between uniplexity and multiplexity
    (İbn Haldun Üniversitesi Yayınları, 2020) Şentürk, Recep; Açıkgenç, Alparslan; Küçükural, Önder; Yamamoto, Qayyim Naoki; Keskin Aksay, Nursem; Özalkan, Seda; Asadov, Ayaz; Naeem, Danish; Belkız, Evren; Faytre, Leonard; Taiai, Maria; Noorata, Metin; Kırkarlar, Osman; İnsan ve Toplum Bilimleri Fakültesi, Sosyoloji Bölümü
    This work is intended to be a textbook for the fundamentals of theoriesand methods in the social sciences and the humanities. Along with theknowledge of the existing theories and methods, this book will provide theanalytical tools that will help the reader comprehend the hidden assumptionsand philosophical underpinnings from a comparative and critical perspective.More precisely, this book aims to introduce not only theories and methods butalso the worldviews from which they emerge and the paradigms that they arerooted in. Crystallizing the ontological, epistemological and methodologicalcategories in mind, this book will also help the reader be consistent in researchquestions, methods and conclusions...
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    Improvement or degeneration of fiqh? A critical study of the Majalla
    (İbn Haldun Üniversitesi, Medeniyetler İttifakı Enstitüsü, 2023) Naeem, Danish; Açıkgenç, Alparslan; Açıkgenç, Alparslan; Medeniyetler İttifakı Enstitüsü, Medeniyet Araştırmaları Ana Bilim Dalı
    This thesis critically engages with the concept of fiqh and its manifestation in the form of the Majalla. Problems are occasioned when human predicaments are expressed in textual form. Does fiqh fare better in this than law as conceptualized in the West? Does a fiqh paradigm change for the worse when a fiqh text is taken as a code? The Majalla presents an interesting case which is at a critical juncture in history. In the beginning, I critically investigate how fiqh compares with the Western legal paradigm in its conceptual and philosophical underpinnings. I then address the most pertinent question of whether the historical circumstances surrounding the Majalla represent a paradigm shift or a break in the fiqh tradition, arguing that while the former is unwarranted the latter seems to be. In Chapter 4, I survey some of the historical debates that surrounded the making of the Majalla, which provides a more nuanced picture of its substance and form. In Chapter 5, I address the concept of codification and investigate the imperatives motivating that phenomenon. I conclude that the same text, if posited in circumstances where modern understandings of codification are prevalent would presumably manifest a degeneration of fiqh as the imperatives that inhere in a fiqh paradigm are different. Chapters 6-7 address a deeper philosophical comparison of fiqh and law, where I address the notion of a 'gap' and demonstrate how it occurs at two occasions in the fiqh paradigm which affirms the character of fiqh as rooted in discovery rather than performativity. Thereafter, I further explore these notions concluding that legislating a fiqh text like the Majalla confuses the fiqh paradigm by imposing a configuration of roles that is not suited to that paradigm.
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    The majallah as codified fiqh
    (İstanbul Üniversitesi Yayınevi, 2022) Naeem, Danish; Medeniyetler İttifakı Enstitüsü, Medeniyet Araştırmaları Ana Bilim Dalı
    Codification was a widespread phenomenon in 19th-century Europe when the Majallah al-Ahkam al-Adliyyah (Civil Code of the Ottoman Empire, henceforth Majallah) was created. The spirit of the times was such that Europe was heavily under the influence of the French Civil Code. In such a context, the Majallah was envisioned as a means to fill the lacunae in the law as applicable to the judicial system. Accepting the Majallah as a fiqh text transplanted into a codification paradigm raises the problem of whether the imperatives of fiqh accord with those of that paradigm. This article examines the phenomenon of codification and what functions it serves. The article also delves into the history of the Majallah in order to investigate the extent to which it is an expression of a codified paradigm and thereby serves the same functions as the latter. This investigation speaks to the larger imperatives inherent within any effort where Islamic law has been codified.