A Social Assay Experiment Based on Fatwa: Case Study of Cyprus Fatwa Consultancy (1929-1950?)

İbrahim Türk

Makale detayları

A Social Assay Experiment Based on Fatwa: Case Study of Cyprus Fatwa Consultancy (1929-1950?)

Yazarlar:

İbrahim Türk

Yayıncı:

Süleyman Demirel University

Ana Başlıklar:

İslam Hukuku

Dergi:

Süleyman Demirel Üniversitesi İlahiyat Fakültesi Dergisi Issue 53, pp.61-78

Belge Tipi:

Makale

Yayın Tarihi:

12/2024

Belge Dili:

Türkçe

Document ID (Org No.):

2001335726

pISSN:

2602-2346

Anahtar kelimeler:

Özet:

 This article aims to make a reading on the social conditions of the Turkish Cypriots of the period based on the fatwas of Hürremzāde Mehmet Hakkı Efendi d. 1955, who served as a fatwa issuer in Cyprus during the British rule. Legal systems, which have been established throughout history for human beings, who are social beings, to live together fairly, have been nourished by the cultural forms of the societies they address. However, from the point of view of Islamic civilization, legal texts are as important as legal texts, as well as court records, which are the judicial records of the events that took place, and fatwa books, which consist of the questions asked by the public about a religious issue and the answers given, are important not only from a legal point of view, but also as periodical historical arguments. In fact, thanks to these texts, many historical and social contents of the relevant period are no longer a mystery for todays people. Hürremzāde, the first and only mufti of Cyprus appointed by the British administration, and the only person to hold the position of fatwa issuing authority in the island, is of great importance in terms of the recent history of Cyprus, both in terms of his life, the period in which he lived, and the fatwas he issued. As a matter of fact, he completed his education according to the Ottoman education system and successfully passed the relevant exam ruus and started his duty in the island. However, another point that makes Hürremzāde important is the period in which he served. Because he was appointed as the fatwa department by the British administration at a time when the Turkish Cypriots were trying to struggle for existence on the island, and this appointment was made after the abolition of the office of mufti, which was seen as having a representative power for the Turkish community in Cyprus and had a political aspect against the Greeks. This situation was considered antipathetic by the Turkish Cypriots. For this reason, Hürremzādes fatwas deserve to be analyzed both in terms of Islamic law and in terms of the sociocultural data of the period. In this study, which examines the biography and fatwas of Hürremzāde, who served the Turkish Cypriots in the fields of education as a teacher of Arabic and Persian at the high school idādî during the British colonial rule as well as a mudarris at the Nicosia Grand Madrasah; in the judiciary as the second clerk of the Cyprus Kadiate and the judiciary by moving to the Tuzla-Mağusa Kadiate after working as a ser clerk in the same institution; and in the fields of religion by becoming the Mufti of Cyprus and the Fatwa department after the abolition of the said institution, the sociocultural conditions of the period are examined. In the analysis of the relevant fatwas, the issues that offer opportunities for social analysis can be listed as follows: Womens willingness to go to the mosque for Friday prayers and time prayers, having a nāsih for Muslim prisoners in prisons, the active survival of the institution of waqf in Islamic culture, the existence of polygyny polygamy among Muslims, the marriage of a small number of Muslim men with non-Muslim Greek women, the possibility that mawlal-atāka and Hürremzādes fatwas on Islamic inheritance law ferāiz have a binding aspect among Muslims. In this article, after providing information about the environment in which Hakkı Efendi was born and raised and his education and duty processes, the fatwas he issued during his term as a fatwa surety will be evaluated in terms of social analysis.

 This article aims to make a reading on the social conditions of the Turkish Cypriots of the period based on the fatwas of Hürremzāde Mehmet Hakkı Efendi d. 1955, who served as a fatwa issuer in Cyprus during the British rule. Legal systems, which have been established throughout history for human beings, who are social beings, to live together fairly, have been nourished by the cultural forms of the societies they address. However, from the point of view of Islamic civilization, legal texts are as important as legal texts, as well as court records, which are the judicial records of the events that took place, and fatwa books, which consist of the questions asked by the public about a religious issue and the answers given, are important not only from a legal point of view, but also as periodical historical arguments. In fact, thanks to these texts, many historical and social contents of the relevant period are no longer a mystery for todays people. Hürremzāde, the first and only mufti of Cyprus appointed by the British administration, and the only person to hold the position of fatwa issuing authority in the island, is of great importance in terms of the recent history of Cyprus, both in terms of his life, the period in which he lived, and the fatwas he issued. As a matter of fact, he completed his education according to the Ottoman education system and successfully passed the relevant exam ruus and started his duty in the island. However, another point that makes Hürremzāde important is the period in which he served. Because he was appointed as the fatwa department by the British administration at a time when the Turkish Cypriots were trying to struggle for existence on the island, and this appointment was made after the abolition of the office of mufti, which was seen as having a representative power for the Turkish community in Cyprus and had a political aspect against the Greeks. This situation was considered antipathetic by the Turkish Cypriots. For this reason, Hürremzādes fatwas deserve to be analyzed both in terms of Islamic law and in terms of the sociocultural data of the period. In this study, which examines the biography and fatwas of Hürremzāde, who served the Turkish Cypriots in the fields of education as a teacher of Arabic and Persian at the high school idādî during the British colonial rule as well as a mudarris at the Nicosia Grand Madrasah; in the judiciary as the second clerk of the Cyprus Kadiate and the judiciary by moving to the Tuzla-Mağusa Kadiate after working as a ser clerk in the same institution; and in the fields of religion by becoming the Mufti of Cyprus and the Fatwa department after the abolition of the said institution, the sociocultural conditions of the period are examined. In the analysis of the relevant fatwas, the issues that offer opportunities for social analysis can be listed as follows: Womens willingness to go to the mosque for Friday prayers and time prayers, having a nāsih for Muslim prisoners in prisons, the active survival of the institution of waqf in Islamic culture, the existence of polygyny polygamy among Muslims, the marriage of a small number of Muslim men with non-Muslim Greek women, the possibility that mawlal-atāka and Hürremzādes fatwas on Islamic inheritance law ferāiz have a binding aspect among Muslims. In this article, after providing information about the environment in which Hakkı Efendi was born and raised and his education and duty processes, the fatwas he issued during his term as a fatwa surety will be evaluated in terms of social analysis.

 This article aims to make a reading on the social conditions of the Turkish Cypriots of the period based on the fatwas of Hürremzāde Mehmet Hakkı Efendi d. 1955, who served as a fatwa issuer in Cyprus during the British rule. Legal systems, which have been established throughout history for human beings, who are social beings, to live together fairly, have been nourished by the cultural forms of the societies they address. However, from the point of view of Islamic civilization, legal texts are as important as legal texts, as well as court records, which are the judicial records of the events that took place, and fatwa books, which consist of the questions asked by the public about a religious issue and the answers given, are important not only from a legal point of view, but also as periodical historical arguments. In fact, thanks to these texts, many historical and social contents of the relevant period are no longer a mystery for todays people. Hürremzāde, the first and only mufti of Cyprus appointed by the British administration, and the only person to hold the position of fatwa issuing authority in the island, is of great importance in terms of the recent history of Cyprus, both in terms of his life, the period in which he lived, and the fatwas he issued. As a matter of fact, he completed his education according to the Ottoman education system and successfully passed the relevant exam ruus and started his duty in the island. However, another point that makes Hürremzāde important is the period in which he served. Because he was appointed as the fatwa department by the British administration at a time when the Turkish Cypriots were trying to struggle for existence on the island, and this appointment was made after the abolition of the office of mufti, which was seen as having a representative power for the Turkish community in Cyprus and had a political aspect against the Greeks. This situation was considered antipathetic by the Turkish Cypriots. For this reason, Hürremzādes fatwas deserve to be analyzed both in terms of Islamic law and in terms of the sociocultural data of the period. In this study, which examines the biography and fatwas of Hürremzāde, who served the Turkish Cypriots in the fields of education as a teacher of Arabic and Persian at the high school idādî during the British colonial rule as well as a mudarris at the Nicosia Grand Madrasah; in the judiciary as the second clerk of the Cyprus Kadiate and the judiciary by moving to the Tuzla-Mağusa Kadiate after working as a ser clerk in the same institution; and in the fields of religion by becoming the Mufti of Cyprus and the Fatwa department after the abolition of the said institution, the sociocultural conditions of the period are examined. In the analysis of the relevant fatwas, the issues that offer opportunities for social analysis can be listed as follows: Womens willingness to go to the mosque for Friday prayers and time prayers, having a nāsih for Muslim prisoners in prisons, the active survival of the institution of waqf in Islamic culture, the existence of polygyny polygamy among Muslims, the marriage of a small number of Muslim men with non-Muslim Greek women, the possibility that mawlal-atāka and Hürremzādes fatwas on Islamic inheritance law ferāiz have a binding aspect among Muslims. In this article, after providing information about the environment in which Hakkı Efendi was born and raised and his education and duty processes, the fatwas he issued during his term as a fatwa surety will be evaluated in terms of social analysis.

 Bu makale, İngiliz idaresi döneminde Kıbrısta fetva eminliği yapmış Hürremzâde Mehmet Hakkı Efendinin öl. 1955 fetvalarından hareketle dönemin Kıbrıs Türklerinin sosyal şartları noktasında bir okuma yapmayı amaçlamaktadır. İnsan neslinin birlikte adil bir yaşam sürebilmesi adına tesis edilen hukuk sistemleri, çoğu zaman hitap ettikleri toplumların kültürel formlarından beslenmiştir. Bununla birlikte İslam medeniyeti açısından bakılacak olursa normatif hukuk metinleri kadar, yaşanan olayların adli kayıtları mesabesinde olan dava tutanakları ve halkın dini bir mesele hakkında sorduğu sorular ile verilen cevaplardan müteşekkil olan fetva defterleri yalnızca hukuki açıdan değil, tarihsel veriler olmak açısından da önemlidir. Zira zikredilen her üç metin sayesinde ilgili metinlerin oluşturulduğu dönemin sosyal ve tarihi pek çok konusu günümüz açısında bilinmezlikten çıkmaktadır. Kıbrısın İngiliz idaresi tarafından atanan ilk ve tek müftüsü ve adada fetva eminliğini yürüten yegâne kişi olan Hürremzâde Hakkı Efendinin gerek hayatı gerek yaşadığı dönem gerekse verdiği fetvalar Kıbrısın yakın geçmişi açısından son derece önem arz eder niteliktedir. Nitekim o, Osmanlı eğitim sistemine göre tahsilini tamamlamış ve ilgili sınavdan ruus başarıyla geçerek adadaki görev hayatına başlamıştır. Bununla birlikte Hakkı Efendiyi önemli kılan bir diğer nokta ise görev yaptığı dönemdir. Zira o, Kıbrıs Türklerinin adada varlık mücadelesi vermeye çalıştığı bir dönemde İngiliz idaresi tarafından fetva eminliği makamına getirilmiş, bu görevlendirme ise Kıbrısta Türk cemaati açısından temsil gücüne sahip görülen ve Rumlara karşı siyasi bir yönü de bulunan müftülük makamının lağv edilmesinden sonra olmuştur. Bu durum ise Kıbrıs Türkleri nezdinde antipatik karşılanmıştır. Bu sebepledir ki Hakkı Efendinin fetvaları hem İslam hukuku açısından incelenmeyi hak etmekte, hem de dönemin sosyokültürel verilerini barındırması bağlamında kıymetli veriler barındırmaktadır. İngiliz sömürge yönetimi döneminde idâdîde Arapça ve Farsça hocalığının yanı sıra Lefkoşa Büyük Medresede müderrislik yaparak eğitime; Kıbrıs Kadılığı ikinci katipliği ve yine aynı kurumda ser kâtiplikten sonra Tuzla-Mağusa kadılığıne geçerek yargıya; Kıbrıs Müftülüğü ile söz konusu kurumun ilgasından sonra Fetva Eminliğine gelmek suretiyle de din sahalarında Kıbrıs Türklerine hizmet etmiş olan Hürremzâde Hakkı Efendinin biyografi ve fetvalarının incelendiği bu çalışmada dönemin sosyokültürel şartları irdelenmiştir. İlgili fetvalar ekseninde yapılan incelemede sosyal tahlil için imkân sunan konular şöyle sıralanabilir: Kadınların Cuma namazı ve vakit namazları için camiye gitme konusunda istiftâsı, hapishanelerde bulunan Müslüman mahkumlar için nâsih bulundurulması, İslam kültüründeki vakıf müessesesinin aktif şekilde yaşatılması, az da olsa Müslümanlar arasında polijininin çok eşlilik bulunması, yine az sayıda Müslüman erkeklerin gayri müslim Rum kadınlarla evliliğinin gündeme gelmesi, mevlel-atâka ve Hakkı Efendinin İslam miras hukukuna ferâiz ilişkin fetvalarının Müslümanlar arasında bağlayıcı bir yöne sahip olma ihtimali.

Makale detayları

A Social Assay Experiment Based on Fatwa: Case Study of Cyprus Fatwa Consultancy (1929-1950?)

Yazarlar:

İbrahim Türk

Yayıncı:

Süleyman Demirel University

Ana Başlıklar:

İslam Hukuku

Dergi:

Süleyman Demirel Üniversitesi İlahiyat Fakültesi Dergisi Issue 53, pp.61-78

Belge Tipi:

Makale

Yayın Tarihi:

12/2024

Belge Dili:

Türkçe

Document ID (Org No.):

2001335726

pISSN:

2602-2346

Islamic Law

Social Analysis

British Administration

Cyprus Fatwa Consultancy

Hürremzāde Mehmet Hakkı Efendiİslam Hukuku

Sosyal Tahlil

İngiliz idaresi

Kıbrıs Fetva Eminliği

Hürremzâde Hakkı Efendi.

Sayı

Makale detayları

Yazarlar: İbrahim Türk

Yayıncı: Süleyman Demirel University

Ana Başlıklar: İslam Hukuku

Dergi: Süleyman Demirel Üniversitesi İlahiyat Fakültesi Dergisi Issue 53, pp.61-78

Belge Tipi: Makale

Yayın Tarihi: 12/2024

Belge Dili: Türkçe

Document ID (Org No.): 2001335726

pISSN: 2602-2346

Sayı

Yazarlar:

İbrahim Türk

Yayıncı:

Süleyman Demirel University

Ana Başlıklar:

İslam Hukuku

Dergi:

Süleyman Demirel Üniversitesi İlahiyat Fakültesi Dergisi Issue 53, pp.61-78

Belge Tipi:

Makale

Yayın Tarihi:

12/2024

Belge Dili:

Türkçe

Document ID (Org No.):

2001335726

pISSN:

2602-2346