IGNORANCE <\/p>\n
"Do they still desire the rulings of the Age of Ignorance? And who can be better at ruling than Allah for a people who have certainty?" (Surat Al-Maidah, Verse: 50)
\n \u201cLet\u2019s first focus on the word. It is an Arabic word and is mufredi jahili(1). In the dictionary, it means \u201cignorance, it is the opposite of knowledge. It also includes brainlessness and stupidity. It generally includes the life before Islam became dominant.\u201d2 As a terminology, it means \u201cnot accepting the rules and information sent down by Allah (swt) and believing in the rules, thoughts and systems established by people (instead of them).\u201d
\n It is generally used in this sense in the Quran. Indeed, it is stated as follows: \u201cDo they still desire the ruling of the age of ignorance? Who can be better than Allah (swt) in ruling for those who have a righteous opinion?\u201d3 If you pay attention, two rulings and their natures are explained in this verse. People will submit either to the ruling of the age of ignorance or to the ruling of Allah (swt). It is impossible to talk about any ruling other than these two rulings. All systems that cannot take into account the boundaries of \u201chalal\u201d and \u201charam\u201d must be based on \u201cignorant capital\u201d. All educational systems that do not educate people according to the religion of Allah (swt) are also in the state of \u201cignorant education\u201d.
\n In Sunan-i Nasai; a hadith narrated from Jabir b. Zeyd in the chapter of \u201cBab\u00fb Tafsir Hijra\u201d sheds light on our issue. Here we know that Ibn-i Abbas (ra) explained that Medina was a house of shirk before the hijra and that he explained the Aqaba pledge (4). If we take into consideration the statement of Imam-i Sarakhsi, while explaining the situation of Mecca before the hijra: \u201cMecca was a house of shirk where the rules of Islam were not applied.\u201d (5), it becomes easier for us to understand that the opposite of ignorance is Islam. The concept of ignorance is a concept that includes all kinds of belief and practical elements that are not based on truth and reality. Now let us focus on the laws of the age of ignorance. Why don\u2019t we say \u201cthe justice and legal system of the age of ignorance\u201d? The subtlety here is this: The words justice and law are Islamic terminology. Justice is to act in accordance with the command of Allah Almighty (cc). A Muslim who complies with this is called just, and a Muslim who does not comply is called a sinner. Law is the plural form of the word right and its literal meaning is the opposite of falsehood.
\n The concept of law is not an Islamic terminology. The laws of the pre-Islamic period were mere rules derived from the false sharia. During the pre-Islamic period, there was no law system based on written texts among the Arabs who lived both as nomads and as urbanites. During this period, different laws were in force all over the Arabian Peninsula. In the Yemen region, laws were limited to the orders of the rulers (6). In the north, around Syria and Palestine, Roman Laws were applied (7). In the eastern and north-eastern regions, there were Sassanid Laws influenced by the Zoroastrian religion. On the other hand, Christians in this region based their human relations on church customs and traditions mixed with Roman Laws. As for the Hijaz region, the Jews in this region acted according to the provisions of the Torah and its commentary on the Talmud, and the Arabs who were in conflict with them adhered to Jewish law (8). The laws of the pre-Islamic period, which were not written and not based on a method, were based on the customs and traditions inherited from their ancestors(9). In fact, the legal sanctions of the Meccan city-state were not written.
\n There is a state of law based entirely on customs and traditions. It is established that the laws binding all the tribes and clans living in Mecca were issued by the assembly called Daru'n-Nadwa, located right across from the Kaaba. The members of this assembly were people who were over forty years old and had the approval of their tribes. Each tribe had a taghut. The first head of the Daru'n-Nadwa assembly was Qusayr, and then his son Abdu'd-Dar (10). The political regime of the pre-Islamic period was a primitive democracy based on clan and tribe. The authority to implement legal sanctions based on customs and traditions was given to the tribal leader called taghut (11). During the pre-Islamic period, penal laws were based on revenge. The crime of murder generally brought blood feuds to the agenda. The corruption that started with the deceased's guardian trying to take revenge on the murderer often turned into war between tribes. However, the method used in unintentional killing is the method of blood-money (12). If the murderer cannot be found, the method of Qasamah is applied upon the request of the deceased's guardian. This method is that fifty people from the place where the deceased is located swear that they did not kill the deceased and that they do not know who killed him (13).
\n In some sources, it is stated that during the pre-Islamic period, a person named Zu'l-Macasidi l-Ye\u015fk\u00fbri gave half the share of the inheritance to the daughter of the son(14). It is also mentioned that during the pre-Islamic period, the Quraysh would cut off the hands of the thief and hang the highwaymen(15). This news brings us face to face with an important issue. Were the previously mentioned practices of blood-money and Qasamah during the pre-Islamic period or the punishment of cutting off the hand of the thief isolated cases? Or was it an application included in the customary law? In other words, did Islam establish these provisions of inheritance and penal law, which were legislated by the book of Allah Almighty (swt) and the application of the Prophet (pbuh)(16)? If it did, what is the source of it? (The practices in question) that are in accordance with Islamic rules are individual incidents that occurred during the age of ignorance. The news about the inheritance practice in Kitabu'l-Muhabber is as follows; "The first person to give inheritance to a girl child during the age of ignorance... the first person to give one share to a girl child and two shares to a boy..." The "first time" clause in these statements shows that the inheritance practice discussed is not a deep-rooted practice that came from earlier times.
\n On the other hand, there is a narration in Sahih Bukhari from Ibn Abbas: \u201cFrom the beginning, the property of the deceased belonged to the son and the will was made to the parents. Allah abrogated this practice in accordance with His will. He decreed that the share given to the son is twice that given to the daughter.\u201d (17) This news of Ibn Abbas refutes the information given in Kitab al-Muhabbar. Because abrogating is the absolute removal of a ruling and the introduction of a new ruling in its place. If you pay attention, Ibn Abbas said, \u201cAllah Almighty abrogated this practice in accordance with His will. He decreed that the share given to the son is twice that given to the daughter.\u201d Therefore, the practice that was in accordance with the Islamic ruling during the period of ignorance remained an isolated event and there is no question of the religion of Islam preserving these. In fact, Abu Ja'fari't-Tahawi pointed out a subtlety by saying: "If an inheritance was distributed in accordance with Islamic rules in the period before Islam or if a person who committed theft was given the same punishment in accordance with Islamic principles, these cannot be included in Islamic rules, even if they are the same in nature. Because their legislative sources are different." (18) Therefore, we cannot evaluate the laws enacted by the assemblies formed according to the principle that "sovereignty belongs unconditionally to the nation" as an Islamic rule. The concept of ignorance must be evaluated within this context.
\n RESOURCES
\n(I) Encyclopedia of Islam, Istanbul, 1977, v. II, page 11 (\u201cIgnorance\u201d art.)
\n(2) al-Bustani, Munjidi't-Tuninah, Beirut 1974. (18th ed.) p. 97
\n(3) Surah Al-Maida: 50.
\n(4) Sunan-i Nasa'i, Istanbul 1401, Cagr\u0131 Publication. v.VII, pp.144-145, (Kitabu'1 Bey'a-13, Bab\u00fb Tefsiri'1 Hijra).
\n(5) Imam Sarakhsi, al-Mabsut, Beirut, D.Ihya Publication, v.XIV, page 57.
\n(6) Prof. Dr. N. \u00c7a\u011fatay, Pre-Islamic Arab History and the Age of Ignorance, p. 28.
\n(7) Islamic Encyclopedia, v. IV, p. 615 (Fuat K\u00f6pr\u00fcl\u00fc, \u201cfiqh\u201d art.)
\n(8) Ahmed Emin, Fajr al-Tawhid, Beirut 1969, p. 227.
\n(9) Prof. Salih Tu\u011f, The Emergence of Islamic Tax Law, Ankara 1963, p.17.
\n(10) Mustafa \u00c7elik, The Spiritual Map of the Pre-Islamic World, pp. 32-33.
\n(11) Ibn-i Qayyim, I'lam al-Muwaqqin, Cairo 1955, vol. I, p. 52. Also Dr. H. Ibrahim Hasan, Tarihu'l-Islam, Cairo 1974, 8th ed., vol. I, p. 51.
\n(12) Ahmed Emin, ibid., p. 225-226.
\n(13) Imam an-Nawawi, Sharh Muslim, Cairo n.d. IV, p. 227.
\n(14) \u0130bn-i Habib, Kitabu'l-Muhabber, Beirut ty., p. 324.
\n(15)Imam-i-Qurtubi, al-Jamuli Ahkam al-Qur'an, Cairo 1967, v.VI, page 160. Ibn-i-Habib, ibid, page 327-328.
\n(16) Surah an-Nisa: 11; Surah Maidah: 38; Sahih Bukhari, K. Hudud, v. VIII, pages 15-16; Sahih Muslim, K. Hudud; Sunan Tirmidhi, K. Tahara 110:\/272 r. 145; Imam Ahmad b. Hanbal, al-Musnad, v. II, page 177.
\n(17) Ibn-i Haceri`l-Asqalani, Fethu'l-Bari, Cairo 1348, p. 197. Also Bedruddin-i Ayni, Umdetu'l-Kari, Istanbul 1308, v. VI, p. 485; Sahih-i Bukhari, K. Tafsir, v. V, p.178.
\n(18) Imam-i Tahawi, \u015eerh-i Meani'1-Asar, Hyderabad 1333, v. IV, p. 245\u2033. (Yusuf KER\u0130MO\u011eLU, Words and Concepts)<\/p>","protected":false},"excerpt":{"rendered":"
CAH\u0130L\u0130YYE “Onlar hala cahiliye devrinin h\u00fck\u00fcmlerini mi istiyorlar? Yakinen bilen bir kavim i\u00e7in ALLAH’tan daha iyi h\u00fck\u00fcm veren kim olabilir?” (Maide S\u00fbresi, Ayet:50) “\u00d6nce kelime \u00fczerinde dural\u0131m. Arap\u00e7a bir kelime olup m\u00fcfredi cahili’dir(1) L\u00fbgatta “bilgisizlik m\u00e2n\u00e2s\u0131na gelir, ilmin z\u0131dd\u0131d\u0131r. Beyinsizli\u011fi ve hamakat\u0131 da i\u00e7ine al\u0131r. Genellikle \u0130sl\u00e2m’\u0131n h\u00e2kim olmas\u0131ndan \u00f6nceki hayat\u0131 i\u00e7ine al\u0131r”2 ifadesine rastlar\u0131z. […]<\/p>","protected":false},"author":1,"featured_media":3341,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3340","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-genel"],"_links":{"self":[{"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/posts\/3340","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/comments?post=3340"}],"version-history":[{"count":0,"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/posts\/3340\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/media\/3341"}],"wp:attachment":[{"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/media?parent=3340"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/categories?post=3340"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hikmetkapisi.com\/en\/wp-json\/wp\/v2\/tags?post=3340"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}