Osvrt na traktat Hasana Duvnjaka -Rasprava o prt pravnih pitanja o kojima postoji pet različitih mišljenja

Sažetak

Hasan bin Nesuh ad-Dumnawi lived in the little Bosnian town Duvno in the 17th century. He wrote works from the field of sharia law (al-fiqh) and Islamic dogmatics (al-‘aqaid) in Arabic, Turkish and Persian. He belonged to the hanefi mezheb legal school and with his writing he tried to affirm this legal school. That is evident in his „Treatise on five legal issues of whieh there are five different opinions“, which was written in Arabic.

In this treatise, Hasan Duvnjak gave the opinions of the Islamic ulema regarding the question of conduct in the case of court proceedings dealing with the right to use property in the following cases: when it is given into one’s charge (wadi’a), when it is given under lease (idžare), when it is given as security (rehn), when it is given to be used without compensation (‘arije) and in the case of property usurpation (gasb). The author of this treatise was of the opinion inauqurated by Abu Hanifa - „that which is estabilished according to just proof is equal to that which is established according to the factual condition“.

This treatise also discusses Abu Hanifa’s criticism of the official state judge Ibn Ebi Lejla regarding his conduct of the procedure and the way the sentence was pronounced in the case of a woman who falsely accused others of adultery (kazf) and he criticised the sanctions executed in the mosque. Abu Hanifa using arguments disputed this sentence, and that was the reason for the state authorities to forbid him further issuing of fetwas.

Further in the text, Hasan Duvnjak gave the opinion of Abu Hanifa according to which a man does not commit a violation when he swears not to eat meat, and still he eats fish; then he gave the opinion of Abu Hanifa regarding two worthless fetwas Shafija and usage of untilled land. This last fetwa was written in Turkish, and the whole treatise ended in a verse written in Persian.