Issue: 31, 4/30/18

Year: 2018

Research Articles

Research Article

18. Hayvan Kesiminde Besmele Meselesi

Research Article

19. İstihsân Açısından Resim ve Heykel

Research Article

21. Lutfi Paşa'nın Niyet Risalesi

Book Reviews



33. Doç. Dr. Şükrü Selim HAS (1952-2018)

Journal of Islamic Law Studies aims to share scientific studies on Islamic Law field such as research articles, translations, book reviews, and symposium evaluations with public and aims to contribute to the cumulative knowledge of the mentioned fields.

Journal of Islamic Law Studies accepts to publish original research articles, translations, reviews (book, article, thesis, project, symposium, and conferences), critical text studies, simplified reports and such kind of scientific studies about Islamic Law field to publish. The scope of the journal includes the studies in the Islamic Law field.

The scientific researches can be published in Turkish, Arabic and English.

Journal of Islamic Law Studies is a peer-reviewed, and academic journal that is published online and in print twice a year. When necessary, special or additional issues can be published. It publishes scientific researches such as research article, translation, book review, and symposium evaluation about Islamic Law field. The scope of the journal includes the studies in the Islamic Law field.

The articles submitted to the journal should not be previously published or accepted for publication from elsewhere. Articles produced from post-graduate theses and symposium reports can be uploaded to the journal system along with the ethical statement at the beginning of the article.

Example: This article is grounded on my master thesis/doctorate dissertation titled “…”, (Master Thesis/PhD Dissertation, ….. University, Afyonkarahisar/Turkey, 2021).

It should be stated the ethical committee approval on the first page and in the method part of the study for the studies requiring ethical committee approval (as board name, date, and issue no). Please see The Ethical Principles and Publication Policy of the journal for the studies requiring ethical committee approval.

Turkish, Arabic and English articles can be published in the journal. Just one study of an author can be published in an issue.

The length of articles should be at least 4.000 words and no more than 10.000 words (excluding Turkish and English summaries, bibliography, and appendix). Articles exceeding 10.000 words are included in the referee process if deemed appropriate by the Editorial Board. At the beginning of the article, there should be Turkish and English Summaries consisting of 500-600 words, at least 5 Turkish and English keywords, and Turkish and English titles. In the part of Turkish/English Summary, main methodological framework should be stated such as topic, scope, importance, aim, and method of the research, findings related to the topic should be included, and results should be mentioned. Turkish/English Summary should be written in more than one paragraph. In the part of Turkish Summary, for spelling proper names (religion, sect, person, surah, and so on), book name, and terms that are not Turkish, the usage in the Religious Foundation of Turkey Encyclopaedia of Islam (see should be followed. For spelling proper names, book names, and terms in the English texts (summary and keywords), the 3rd edition of the Encyclopaedia of Islam should be considered.

The resources cited in the text should be added at the end of the text under the title of Bibliography in the format given below. The bibliography should be in accordance with the Isnad Citation Style 2nd version. Click here for the Isnad Citation Style.

Isnad Citation Style 2nd version (Arabic) should be taken into attention in footnotes of Arabic articles. Although there is an Arabic bibliography at the end of these articles, there should be a bibliography in Latin letters in accordance with the Isnad Citation System 2nd Edition.

The studies having more than one author should include declarations of the contribution rate, if there are, support and acknowledgment and conflict at the end of the study completing the peer-review process. Additionally, the conflict of interest declaration form should be filled and uploaded to the system. Click here for the the conflict of interest declaration form.

Journal of Islamic Law Studies suggests using Zotero, Mendeley, or Endnote in terms of international coherence in article writing.

Articles should be organised according to the features while they are uploaded to the journal system:

1. Articles should be written in Microsoft Word program.

2. Text fonts should be in ISNAD Font for Turkish and English, Tradational Naskh for Arabic.

3. There should not be details such as page number, header, and footer.

4. The citation system used in articles should be in accordance with the Isnad Citation Style 2nd version (with footnotes). Click here for the Isnad Citation Style.

5. Click here for sample article writing template.

Paper Size

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Publication Policy

1) The Journal of Islamic Law Studies publishes scientific studies such as research articles, translations, book reviews and symposium evaluations on Islamic Law.

2) Studies prepared in Arabic, Turkish and English languages are accepted to the journal. Articles sent to the journal until 31 March are evaluated for the June issue, and the articles sent until 30 September are evaluated for the December issue.

3) The subjects covered in the manuscripts submitted to the Journal for publication must be in accordance with the aim and scope of the Journal.

4) Only those manuscripts approved by every individual author and that were not published before in or sent to another journal are accepted for evaluation.

5) Author(s) publishing with Journal of Islamic Law Studies retain the copyright (without any restrictions) to their work, licensing it under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License (CC BY-NC-ND 4.0). See Copyright and Licensing.

6) Just one study of an author can be published in an issue.

7) Studies should be prepared in accordance with the writing rules of the journal. See Writing Rules.

8) Manuscripts should be submitted electronically to the journal website.

9) All expenses of the journal are covered by the Publisher. The publication of articles and the execution of article processes in the journal are free of charge. No fee is charged for articles submitted to the journal or accepted for publication.

10) After the study is sent to the Journal, the names of any of the authors cannot be deleted from the list of authors, a new name cannot be added as an author, and the order of authors cannot be changed without the written consent of all authors.

11) This journal checks for plagiarism. Plagiarism, duplication, fraud authorship/denied authorship, research/data fabrication, salami-slicing/salami publication, breaching of copyrights, and prevailing conflict of interest are unethical behaviors. If necessary, the editors can subject the article to plagiarism control at various stages of the evaluation or production process. High similarity rates can cause an article to be rejected before or even after it is accepted. This rate is expected to be less than 20%.

12) After the plagiarism check, the eligible ones are evaluated by the editor for their originality, methodology, the importance of the subject covered, and compliance with the journal scope. The editor provides a fair double-blind peer review of the submitted articles and hands over the papers matching the formal rules to at least two national/international referees for evaluation.

13) If the referees deem it necessary, changes are made by the author. The Editorial Board decides whether to publish the text corrected by the author.

14) The articles accepted for publication are assigned DOI (Digital Object Identifier) as a permanent article identifier.

15) This journal is an open-access journal and all content is freely available without charge to the user or his/her institution. In this context, all the articles published in the journal are accessible on Dergipark. Printed copies of the journal are also distributed free of charge. See Open Access Policy.

16) Articles published in this journal are digitally archived in LOCKSS. See Archiving Policy.

Publication Ethics Statement

Publication processes of Journal of Islamic Law Studies base on producing, developingand sharing knowledge objectively within scientific methods.

Peer-reviewed articles are studies that ensure the application of scientific method and impartiality. In the realization of scientific production, all components of publication process; publishers, editors, authors, reviewers, and readers should comply with ethical principles. In this context, the publication ethics and open access policy of Journal of Islamic Law Studies require that all components of publication process comply with ethical principles in line with the guidelines and policies published by the (Committee on Publication Ethics, COPE) in open access (For example “Committee on Publication Ethics (COPE) Code of Conduct and Best Practice Guidelines for Journal Editors; “Code of Conduct and Best Practice Guidelines for Journal Editors” and “COPE Best Practice Guidelines for Journal Editors”) if situations such as manipulating and distorting the data used in the articles and using fabricated data are detected, this situation will be officially reported to the institution where the author of the article works and the article will be rejected. Journal of Islamic Law Studies has the right to request the output files related to the analysis results from the authors according to the feedback given by editors and/or reviewers.

When the study prepared for publishing is produced from a book chapter, an unpublished report, and master thesis or doctorate dissertation, it should certainly be stated in Turkish and English on the first page of the study.

Example: This article is extracted from my master thesis/doctorate dissertation entitled “…”, (Master Thesis/PhD Dissertation, ….. University, Afyonkarahisar/Turkey, 2021).

This paper is the final version of an earlier announcement called “…”, not previously printed, but orally presented at a symposium called “…”, the content of which has now been developed and partially changed.

In order for the articles produced from reports to be evaluated, the author should send his/her articles together with a contract with a wet signature stating that “My study has not been published previously and will not be published”. The reason is that duplication/ republishing/ scientific deception/multicast is a crime. According to the TUBITAK Committee on Publication Ethics, republishing is to publish or send the results of the same research to more than one journal for publishing. If an article has been evaluated or published previously, the publications apart from this are regarded as republishing.

Click here for the Higher Education Institutions Scientific Research and Publication Ethics Directive.

Click here for TUBITAK Committee on Research and Publication Ethics Regulation.

General Actions Against Scientific Research and Broadcasting Ethics

a) Plagiarism: To show others’ original ideas, methods, data or works as their own work, partially or completely, without reference to scientific rules.

b) Forgery: Using data that does not actually exist or has been falsified in scientific research.

c) Distortion: Falsifying the research records or the data obtained, showing the devices or materials not used in the research as being used, falsifying or shaping the research results in line with the interests of the people and organizations.

d) Republishing: To present repetitive publications as separate publications in academic appointments and promotions.

e) Slicing: Dividing the results of a research into pieces in a way that disrupts the integrity of the research and inappropriately and publishing in more than one issue and presenting these publications as separate publications in academic appointments and promotions.

f) Unfair authorship: Including persons without active contribution among the authors or not including those who are, changing the author’s order in an unjustified and inappropriate manner, removing the names of those who have active contribution from the work in subsequent editions, having their names included among the authors by using their influence even though they have no active contribution.

Other types of ethical violations:

a) Not specifying the supporting persons, institutions or organizations and their contributions in the publications made as a result of researches conducted with the support.

b) To use the thesis or studies that have not yet been submitted or accepted as a source without the permission of the owner.

c) Not complying with ethical rules in researches on humans and animals, not respecting patients’ rights in publications.

d) To act contrary to the provisions of the relevant legislation in biomedical researches and other clinical trials related to humans.

e) Sharing the information contained in a work that has been assigned to review with others before it is published without the explicit permission of the owner of the work.

f) Misuse of the resources, places, facilities and devices provided or allocated for scientific research.

g) To make unfounded, unwarranted and deliberate allegations of ethical violations.

h) To publish the data obtained without the express consent of the participants in a questionnaire and attitude research conducted within the scope of a scientific study or if the research will be conducted in an institution, also without the permission of the institution.

i) To harm animal health and ecological balance in research and experiments.

j) Failing to obtain written permissions from the authorized units in research and experiments before starting the work.

k) Research and experiments in legislation or engage in activities contrary to the provisions on related research and experimentation of the international conventions that Turkey is a party.

l) Failing to comply with the obligation of researchers and authorities to inform and warn those concerned about possible harmful practices regarding the scientific research.

m) Not using the data and information obtained from other persons and institutions in scientific studies, to the extent and as permitted, not to respect the confidentiality of this information and to ensure its protection.

n) To make false or misleading statements regarding scientific research and publications in academic appointments and promotions (YÖK Scientific Research and Publication Ethics Directive, Article 4).

Within the framework of ethical rules; Studies requiring Ethics Committee Permission to be evaluated in the journal are as follows:

1. All kinds of research conducted with qualitative or quantitative approaches that require data collection from participants using survey, interview, focus group study, observation, experiment, interview techniques.

2. Use of humans and animals (including material / data) for experimental or other scientific purposes.

3.Clinical researches on humans.

4. Research on animals.

5. Retrospective studies in accordance with the law on protection of personal data.

In this context, in studies to be evaluated in the journal;

1. Obtaining and indicating “Informed Consent Form” in case presentations.

2. Obtaining and indicating permission from the owners for the use of scales, questionnaires and photographs belonging to others.

3. It should be stated that the copyright regulations are complied with for the intellectual and artistic works used.

4. Editors ensure the protection of human and animal rights in the studies evaluated. Editors have the responsibility to refuse to work when there is no approval of the ethics committee on the subjects used in the study, and no permission for experimental research.

In studies requiring ethics committee approval, information about the permission (name of the board, date and number) should be included in the method section and also on the first / last page of the article. In case reports, the information that the informed consent / consent form was signed should be included in the article.

Special Issue Publication Policy

A special issue of the Journal of Islamic Law Studies can be published once a year upon the request of the Editorial Board. Articles sent for inclusion in a special issue are first subjected to an editorial review. Then it is examined for compliance with the writing rules of the journal and a similarity scan is made to prevent plagiarism. After these stages, it is taken into the referee evaluation process in which the double-blind model is used.

Correction, Retraction, Expression of Concern

Editors may consider publishing a correction if minor errors are detected in the published article that do not affect the findings, comments, and conclusions. Editors should consider retracting the article in case of major errors/violations that invalidate the findings and conclusions. Editors should consider issuing a statement of concern if there is a possibility of abusive research or publication by the authors, there is evidence that the findings are unreliable and that the authors' institutions did not investigate the incident, or if the potential investigation seems unfair or inconclusive. COPE guidelines and policies are taken into account regarding correction, withdrawal or expression of concern.

Plagiarism Action Plan and Journal's Precautions

The journal respects intellectual property and aims to protect and promote the original work of its authors. Articles containing plagiarism are against the standards of quality, research and innovation. Therefore, all authors who submit articles to the journal are expected to comply with ethical standards and avoid plagiarism. If plagiarism is suspected in a submitted or published article, the journal's Ethics Editor first reviews the work. This work is then reviewed by the Editorial Board. The Journal then contacts the author(s) to submit their comments within two weeks. If the journal does not receive any response from the author within the specified time, it requests the investigation of the claim by contacting the university to which the author is affiliated.

The journal will take the following serious measures against published articles that are found to contain plagiarism:

1. The journal will immediately contact the university to which the author(s) are affiliated, in order to take final action against the related author.

2. The journal will remove the PDF copy of the published article from its website and disable all links to the full-text article. The phrase Plagiarized Article will be added to the title of the published article.

3. The journal will disable the author's account and reject all future submissions by the author for a period of 3 years.

Responsibilities of Stakeholders

The stakeholders and readers of the researches are pleased to inform Journal of Islamic Law Studies about the scientific research and publication ethics they see in the published articles to one of the e-mail addresses or

a) Editors’ Responsibilities

Editor and field editors of Journal of Islamic Law Studies, Code of Conduct and Best Practice for Journal Editors (COPE Code of Conduct and Best Practice Guidelines for Journal Editors), Best Practice Guidelines (COPE Best Practice Guidelines for Journal Editors) for Journal Editors published by the Committee on Publication Ethics (COPE) and provide the following ethical duties and responsibilities based on the principles of Publication Ethics Flowcharts developed by COPE in possible situations of abuse or breach of publication ethics:

Impartiality and Publisher Freedom: Editors evaluate the submitted article suggestions by considering their suitability to the scope of the journal and the importance and originality of their studies. Editors do not take into account the race, gender, sexual orientation, ethnic origin, nationality or political views of the authors submitting the article proposal. Editors should not have personal or financial conflicts of interest with articles. Other institutions other than the journal editorial board cannot influence the correction or publication decision. Editors take care that the published issues contribute to the reader, researcher, practitioner and the scientific field and to be original.

Independence: The relationship between Editors (Editor and Assistant Editors) and the publisher is based on the principle of editor independence. According to the written agreement between the editors and the publisher, all decisions of the editors are independent of the publisher and the journal owner. Editors should reject, under no influence, incomplete or erroneous research that does not comply with the journal policy, publication rules and level.

Privacy: Editors do not share information about a submitted article with anyone other than the responsible author, referees and editorial board. It ensures that the articles evaluated by at least two referees are evaluated according to the double-blind review system and keeps the referees confidential.

Disclosure and Differences of Opinion: Editors and editorial board members may not use unpublished information in an article submitted for their own research purposes without the express written consent of the authors. Editors should not have a conflict of interest regarding articles they accept or reject.

Printing Decision: Editors ensure that all articles accepted for publication are reviewed by at least two referees who are experts in their field. Editors are responsible for deciding which work will be published from the articles submitted to the journal, the validity of the study in question, its importance to researchers and readers, the comments of referees and such legal requirements. Editors have the responsibility and authority to accept or reject articles. Therefore, it has to use its responsibility and authority in place and on time.

Ethical Concerns: Editors will take action when ethical concerns arise regarding a submitted article or published article. As a matter of fact, they continue their business processes without compromising intellectual property rights and ethical standards. Any reported unethical publishing behavior will be reviewed, even if it occurs years after publication. Editors follow COPE Flowcharts in case of ethical concerns. If ethical issues are significant, correction, retraction may be applied or concerns regarding the issue may be published in the journal.

Collaboration with Journal Boards: Editors ensure that all members of the advisory committee advance the processes in accordance with the editorial policies and guidelines. Informs the advisory board members about publication policies. It enables advisory board members to evaluate their work independently. It can contribute to new advisory board members and decide accordingly. For evaluation, the advisory board should send studies appropriate to the expertise of its members. It interacts regularly with the advisory board. It holds regular meetings with the editorial board for publication policies and magazine development.

b) Authors’ Responsibilities

Reporting Standards: The authors of the original research should ensure that the study and results are presented accurately, and then the importance of the study is discussed objectively. If authors make use of other studies or use other studies, they must cite and / or cite completely and accurately.

Data Access and Retention: Authors are required to keep the raw data of their studies. When necessary, they should submit it for editorial review if requested by the journal.

Originality and Plagiarism: Authors must submit entirely original works and if they have used the work or words of others, this must be appropriately cited. Plagiarism constitutes unethical publishing behavior in all its forms and is unacceptable. For this reason, a similarity rate report is requested from all authors who submit an article to the journal.

Multiple, Duplicate, Backup or Simultaneous Submission/Publication: Authors cannot have their work in the application process of more than one journal at the same time. Each application can be started following completion of the previous application. A study published in another journal cannot be sent to the Journal of Islamic Law Studies. Simultaneous submission of an article to more than one journal is unethical publishing behavior and is unacceptable.

Authorship of The Manuscript: Only those who fulfill the authorship criteria should be listed as authors in the content of the manuscript. These authorship criteria are as follows; (i) contributed to the design, implementation, data collection or analysis phases (ii) prepared the manuscript or made significant intellectual contribution or critically revised it; or (iii) saw the final version of the manuscript, approved it and agreed to be submitted for publication. Corresponding author should ensure that all authors (according to the definition above) are included in the list of authors and declare that they have seen the final version of the article and agree to be submitted for publication.

Statement and Conflicts of Interest: Authors should reveal conflicts of interest at the earliest possible stage (usually by submitting a disclosure form at the time of submission and including a statement in the article). All sources of financial support for the study must be declared (including the grant/fund number or other reference number, if applicable). In accordance with the publication policy of Journal of Islamic Law Studies, people who contribute in real terms to the articles submitted to the journal (original scientific research article, case reports and reviews) should be written as authors. The authors of the article must declare that there is no personal and financial conflict of interest within the scope of the study. They should indicate this declaration at the end of the article under the heading "Conflicts of Interest" (The authors declare that they have no conflict of interest).

Peer Review: Authors are responsible for participating in the peer review process and are obliged to fully cooperate by responding promptly to editors’ requests for raw data, explanations and evidence of ethical approval, and copyright permissions. If a "required revision" decision is made first, the authors should review and re-submit their manuscript until the deadline given to the reviewers’ comments in a systematic manner.

Fundamental Errors in Published Works: When authors find material errors or inaccuracies in their own published work, they are obliged to inform the journal editors or publishers immediately and to cooperate with the journal editors or publishers to correct a typo in the article (erratum) or remove the article from publication. If editors or publisher learn from a third party that a published work contains a material error or inaccuracy, the author must take the responsibility of correcting or withdrawing the article immediately or providing the journal’s editors with evidence of the paper’s accuracy.

c) Responsibilities of Referees

Contribution to Editorial Decisions: Assists editors in their editorial decisions and assists authors in improving their articles through editorial communication. Completion of other articles, works, references, citations, rules and similar deficiencies related to the article should be pointed out.

Speed: Any referee who does not feel qualified to review the proposal of the article or knows that the article review cannot take place on time should immediately notify the editors and reject the invitation to review, thus ensuring the appointment of a new referee.

Confidentiality: All article suggestions submitted for review are confidential documents and should be handled as such. It should not be shown or discussed to others unless authorized by the editor. This also applies to referees who decline the invitation to review.

Impartiality Standards: Comments on the proposal of the article should be made impartially and recommendations should be made in a way that the authors can use to improve the article. Personal criticism of the authors is not appropriate.

Acceptance of References: Referees should describe relevant published works that are not cited by the authors. The referee should also inform the editor of any significant similarities between the manuscript reviewed and any other manuscript (published or unpublished).

Conflicts of Interest: When the referees suspect that there is any conflict of interest in the article they evaluate, they should inform the editor of the journal about the evaluation process and, if necessary, refuse the article evaluation. There should be no conflict of interest between the reviewers and the stakeholders of the article under review.

Publication Policy

Article Acceptance

It is required that the articles to be sent to Journal of Islamic Law Studies is an original article filling a gap in the related field or an analysis evaluating previously published studies and presenting new and significant opinions about this issue.

In order for the articles to be published in the journal, they should not be previously published or accepted for publication elsewhere. Reports presented previously at a scientific meeting may be accepted on condition that this is clearly indicated.

Title of the article should be written in Turkish and English, and the authors’ names, surnames, academic titles, institutions they work in, and ORCID information should be specified. Additionally, the authors’ contact information (e-mail addresses) should be given completely.

The language of Journal of Islamic Law Studies is Turkish. However, not exceeding 1/3 of the journal, English and Arabic articles may also be included in each issue. English and Arabic articles should include Turkish title, Turkish and English summaries, and Arabic articles should also include a bibliography in Latin letters.

The length of a research article should be at least 4.000 and no more than 10.000 words (excluding Turkish and English summaries, bibliography, and appendix). Articles exceeding 10.000 words are included in the referee process if deemed appropriate by the Editorial Board. It should include Turkish title, Turkish summary (500-600 words), keywords in Turkish (at least 5 terms), English Title, English summary, keywords in English (at least 5 terms), and bibliography prepared in accordance with the Isnad Citation Style 2nd version.

Article Evaluation Process

The articles sent to be published are gone through the Pre-Control and Peer-Review Processes. In the evaluation of the submitted articles, academic objectivity and scientific quality are the most important criteria.

The articles are first examined with respect to compliance with the principles of the journal (see Pre-Control Form) by the Editorial Board. Articles are passed through the plagiarism control process through plagiarism detection software. The similarity rate in the plagiarism detection policy is 20%. The studies that are considered as inadequate in the pre-control process are returned to the author by the Editorial Board before the referee process/ peer-review process . For the studies that are considered as adequate in the pre-control process, the peer-review process is initiated or these studies are sent to the authors to correct the deficiencies.

A study which cannot pass through this process even though it is examined three times during the pre-control process is returned to the author and does not put into process again in the same publication period.

For the studies which pass through the pre-control process, the evaluation process in which at least two reviewers serve within the frame of double-sided blind reviewer principle is started. The names of the reviewers are kept confidential. If one of the reviewer reports is positive and the other is negative, the article may be sent to a third reviewer/ referee or the Editorial Board may make a final decision by examining the reviewer reports. The authors consider the criticism and suggestions made by the reviewer and Editorial Board. Authors have the right of opposition and defence for their ideas on the condition that the authors disagree with the idea of reviewer.

For detailed information, see the Evaluation Process.

Citation and Reference System

Journal of Islamic Law Studies requires the Isnad Citation Style 2nd edition for writing, citation and reference.

Plagiarism Detection Policy

In detecting plagiarism, it is confirmed with the plagiarism detection software that articles have not been published before and do not include plagiarism. The similarity rate in the plagiarism detection policy is 20%.

Processing and Printing Charge

Journal of Islamic Law Studies does not ask for processing and printing charge from the authors.

Conflict of Interest

Journal of Islamic Law Studies ensures that the publishing process is carried out objectively and independently for the authors and reviewers.

The studies having more than one author should include contribution rate statements of support and appreciation statement, if there are, and statement of conflict at the end of the study completing the process of peer-review (see Article Writing Template). Also, it is demanded from the authors to fill out the form for declaration of conflict of interest and upload to the system when the process of peer-review is ended.

Journal of Islamic Law Studies does not ask for processing and printing charge from the authors.