Author
Falyouna, Nader A. M.
Publication Date
2022
Publication Place
sakarya -
Sakarya University
Subject
Fiqh,Hanafi Sect,Maqasid,Sharia Rules Jurisprudence,The Hanafi Doctrine,Al-Maqased,Sharia Rules
Type
Document
Language
Arabic
Digital
No
Manuscript
No
Physical Dimensions
vi, 151 yaprak : şekil, tablo ; 30 cm.
Library
Sakarya University Central Library
Library Asset ID
0453304
Record ID
2094839
Library Location
SAU [A] Central Library - Thesis Collection
Date
2022
Notes
Contains bibliographic information.
The thesis is available electronically.
Sample Text
In the works of the First Hanafi Usulists, there are ideas about the subject of maqasid. But articles on this subject. It has been discussed with different expressions than the concept of purpose as we know it. In this thesis, we will explain the meaning of the concept of makasıd and its connection with the method of fiqh, the roots of this concept, its historical development, the Prophet Muhammad. It has been stated that it dates back to the time of the Prophet, the Rashidun Caliphs and the sources of four fiqh sects. Based on this, an attempt has been made to present a scientific study on the determination of ideas and thoughts regarding the understanding of purpose in the first usul sources of the Hanafi Sect. We aimed to present the understanding of purpose of the Hanafi Sect to the scientific world, based on the usul works written by usul scholars such as Cessas, Debusi, Serahsi and Pezedvi, who are followers of the Hanifi sect, the first of the four major sects. By carrying out this study, it was tried to reveal the purpose of the Hanafi Sect in the context of the method. Shafi'i and Hanabeli Usul scholars, as well as other Maliki Sect jurists, elaborated the concept of maqasid as Zaruriyyât, Hâjiyyât and Tahsîniyyât, and emphasized that Islam aims to achieve these five goals, which are based on the protection of Faith, Religion, life, mind, progeny and property. Then they gave various examples on this subject. In addition, usul scholars stated that allowing actions in permissible areas in solving some fiqh issues is based on the understanding of "attracting benefits and defending harms". At the same time, this thesis study has revealed that the understanding of maqasid sheds light on some issues in the Hanafi Sect, by determining some jurisprudential provisions with rational evidence and maqasid, and by clarifying some issues with the maqasid method and equalizing them with others. In addition, in this thesis, the implications of the words in the Hanafi Method and the understanding of purpose are discussed and the issues related to the subject are discussed. In the third part, the idea of purpose related to the common wording is emphasized, and in the fourth part, the understanding of purpose in commands and prohibitions and the issues related to license, perseverance and abrogation within its scope are discussed.
The writings of the early Hanafi fundamentalists refer to the subject of Al-Maqased, but they are scattered references in the books of the origins of jurisprudence. In this research, I was keen to show the idea of Al-Maqased at the Hanafi, through the meaning of Al-Maqased and their roots from the Prophetic Era to the reign of the caliphs up to the era of the four doctrines. The first of which was the doctrine of Imam Abu Hanifa, which appeared during the writings of the early fundamentalists of Hanafi doctrine such as Al-Jassas, Dabbosi and Bazdawi. In this sequence, the fundamentalists offered to divide Al-Maqased into necessities, needs and improvements. They cited examples of this from the fact that the Shariah came to preserve the five purposes of religion, self, mind, presentation and money. They mentioned that Sharia came to understand the speakers by exposing them to the various divisions of their words, and stressed that there must be a capacity to understand the speech, otherwise it would be mandated to do what is not possible, and the Shariah came to remove the embarrassment from the officials. The study also illuminated some of the features of Al-Maqased at the Hanafi doctrine by inferring Al-Maqased with mental evidence and inferring Al-Maqased of some of the islamic rulings and dispersing them among some things through Al-Maqased to indicate their place in them and to settle among others through Al-Maqased as well. The study was exposed to Al-Maqased of Hanafi doctrine in terms of the divisions of the Hanafi doctrine to it. It exposed Al-Maqased of the Shariah in "Al-A'am" and what comes out of it, such as "Al-Mushterek" term in chapter III. In the fourth chapter, I discussed the idea of Al-Maqased in the "orders" and "prohibitions" and what derived from them such as, Al-Maqased of "Azeema" and "Rukhsa". I mentioned Al-Maqased in "An-Naskh" at the Hanafi doctrine as well.
Anabilim Dalı
Temel İslam Bilimleri Anabilim Dalı
Bilim Dalı
İslam Hukuku Bilim Dalı
Tez
Sakarya Üniversitesi
Yayın Geliş Tarihi
27.05.2022
Alt Tür
Doktora
Durum
Çevrimiçi Referans Kitabı
Ortam
HardDisk
Şekil
Elektronik
