Maḥmūd al-Fanārī’s Life and His Treatise on Ta‘zīr
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...
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| Format: | Article |
| Language: | Arabic |
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Istanbul University Press
2025-04-01
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| Series: | İslam Tetkikleri Dergisi |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/CEAA03FA20DD488896B37BC8D8240E73 |
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| author | Şaban Kütük |
| author_facet | Şaban Kütük |
| author_sort | Şaban Kütük |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-77e505e219fa4cf8bb552dc5e43e640e |
| institution | DOAJ |
| issn | 2717-6967 |
| language | Arabic |
| publishDate | 2025-04-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | İslam Tetkikleri Dergisi |
| spelling | doaj-art-77e505e219fa4cf8bb552dc5e43e640e2025-08-20T02:57:29ZaraIstanbul University Pressİslam Tetkikleri Dergisi2717-69672025-04-0115129334010.26650/iuitd.2025.1397475123456Maḥmūd al-Fanārī’s Life and His Treatise on Ta‘zīrŞaban Kütük0https://orcid.org/0000-0002-6467-2282İstanbul Üniversitesi, İstanbul, TürkiyeThis 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.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/CEAA03FA20DD488896B37BC8D8240E73ottoman lawmaḥmūd al-fanārīcrimeta‘zīrsodomy |
| spellingShingle | Şaban Kütük Maḥmūd al-Fanārī’s Life and His Treatise on Ta‘zīr İslam Tetkikleri Dergisi ottoman law maḥmūd al-fanārī crime ta‘zīr sodomy |
| title | Maḥmūd al-Fanārī’s Life and His Treatise on Ta‘zīr |
| title_full | Maḥmūd al-Fanārī’s Life and His Treatise on Ta‘zīr |
| title_fullStr | Maḥmūd al-Fanārī’s Life and His Treatise on Ta‘zīr |
| title_full_unstemmed | Maḥmūd al-Fanārī’s Life and His Treatise on Ta‘zīr |
| title_short | Maḥmūd al-Fanārī’s Life and His Treatise on Ta‘zīr |
| title_sort | mahmud al fanari s life and his treatise on ta zir |
| topic | ottoman law maḥmūd al-fanārī crime ta‘zīr sodomy |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/CEAA03FA20DD488896B37BC8D8240E73 |
| work_keys_str_mv | AT sabankutuk mahmudalfanarislifeandhistreatiseontazir |