FETĀVĀ-YI AQHISĀRĪ: RUKOPIS U NACIONALNOJ BIBLIOTECI U BEČU

• Published in: Anali Gazi Husrev-begove biblioteke. no. 23-24; pp. 61 - 71
• Main Author: Zahirović, Nedim
• Format: Journal Article
• Language: Bosnian
• Published: The Ghazi Husrev Bey Library 2005; Gazi Husrev-begova biblioteka
• Subjects: Law, Constitution, Jurisprudence
• ISSN: 0350-1418; 2566-3267

Topic of this work is one manuscript - Collection of the legal opinions - whose author is mufti from Budim Ibrahim el-Akhisari. This manuscript, kept in the National Library in Vienna, was catalogued and described by Gustav Flugel. In doing that, Flugel has given the name of the author and a short content of manuscript. Following him and also because of tradition of Islamic law studies, which has been cherished in Prusac, Hazim Sabanovic held the same view about the manuscript. During the writing of his work “The literature of Bosnian-Hercegovinian Muslim’ Sabanovic died, and later on the editor of his work included only note which Sabanovic had taken over from Flugel. Another Bosnian scholar - Salih Trako, based on the collection of legal opinion of Ibrahim Munib Akhisari, mufti from Livno and Prusac, wrote a work in which he gives content of manuscript and biographic details of its author. Manuscript existed in the Oriental institute in Sarajevo as well.
Ibrahim Munib Akhisari was born most probably in the first decade of the 18th century in an ulema family. He himself belonged to the ulema rank and has carried out many duties such as imam, hatib, naib, muderis. By the end of 1761 he become mufti of Livno and in 1763 mufti of Prusac. Date of his death is not known, but it is known that he was alive in year 1780s.
Salih Trako, assumed that the author of both manuscripts is one person - Ibrahim Munib Akhisari - most probably because of the fact that both had same name and the same duties which they performed.
In the first part of this work wider content of the Vienna manuscript is given. The manuscript deals with all branches of Islamic law and also issues related to secular law (Qanun). The second part of this work questions the authorship of the manuscript. The content of some of legal issues in this collection of fatawa clearly shows that the author of this manuscript was certainly mufti of Budim. In the collection we can find questions about escape, lootery, captivity and killings on both sides of the border. This was specific situation in the region of Budim and its
frontier. In the Collection of fetawa, there is reference to a village which gives tax to both sides, Austrian or Hungarian and Ottoman, what also was a distinctive characteristic of this region. Besides, the river Dunabe is mentioned, and right bank of the river, where town Budim lies.
Based on these indications - we can conclude that notes given at the beginning of manuscript are correct. G. Fugel relied on them in identifying the author and his performed duties. Therefore, assumption given by Salih Trako cannot be accepted, because author of this work is another person with the same name. The fact is, that two mufti had the same name Ibrahim. One was mentioned in 1645 and another 1675. The question was raised regarding the authorship of this manuscript. In order to get answer for this question we could look in to issue of a new determination of value of gros on 80 akci.