Disiplinlerarası Çalışmalar Dergisi Journal of Interdisciplinary Studies

A Dissident Text at the End of 17th Century: Muhammad bin Hamza Al-Aydinî’s Treatise of Bay‘ al-‘Îna

Bay‘ al-‘îne contract, or “mu‘âmala-i şer’iyye” in Ottoman Turkish expression, is some form of a “hîla-i şer‘iyye” that was developed to avoid interest which is forbidden in Muslim communities, and it was observed that the Ottoman ulama especially Shayk Al-Islams have allowed this contract. But as seen in the case of the Treatise of Bay‘ al-‘Îne by Muhammad bin Hamza al-Aydinî, some of the ulama have criticized this contract and argued that it was condemned (makrûh). In this article, the personality of Muhammad bin Hamza al-Aydinî and his work on mu‘âmala-i şer‘iyye bey‘ al-‘îne contract have been introduced, and a translation of the non-published treatise was presented. Süleyman KAYA
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