Author
El Bekri, Zehra
Publication Date
2023
Publication Place
sakarya -
Sakarya University
Subject
Fıkıh, Hasîrî,el-Hâvî fi’l-fetâbva,Sadrüşşehid,Umdetü’l-fetâvà,Hanefî Mezhebi Fiqh,Hasiri,al-Hâwî fi’l-fatâwâ,Sadr al-Shahid,Madfatâwdat,Madfatâwdat
Type
Document
Language
Arabic
Digital
No
Manuscript
No
Physical Dimensions
viii, 409 yaprak : şekil, tablo ; 30 cm.
Library
Sakarya University Central Library
Library Asset ID
0481008
Record ID
2124327
Library Location
SAU [A] Central Library - Thesis Collection
Date
2023
Notes
Contains bibliographic information.
The thesis is available electronically.
Sample Text
Among the three subgenres of Hanafi furu fiqh literature, fatwa and nawazil style works have an important place. Because this literature shows that the fiqh inference and ijtihad activity within the sect was carried out lively without any hesitation, in terms of containing the views put forward by the jurists of the sect in later periods on subjects that were not included in the founding texts of the first period. After revealing its foundation and first texts in the Iraq region, where it first emerged, the Hanafi sect gained widespread acceptance in the Transoxiana and Khorasan regions. In addition to the commentary of the founding texts, the jurists of this region have put forward a scientific work that has a noticeable impact within the sect, especially on fatwa and nawazil. The works written by two great scholars on the fatwa literature of the Hanafi sect in the Transoxiana region in the fifth century after the Hijri have gained an important place in the later Hanafi fiqh. One of them, Ebubekir el-Hasîrî (d. 500), whose work titled el-Hâvî fi'l-fetâvâ is still in written form. The other of these works is the book titled Umdetü'l-fetâvâ by Ebu Hafs es-Sadrüşşehid. In this study, we tried to examine the section of Hasîrî's work called el-Mekrûhat ve'l-mahzûrat, as well as to examine whether the sources, style and subjects of the fatwa are similar and different in the Transoxiana Hanafi fiqh thought, by comparing the said section with the section containing the same subjects in Sadruşşehid's work. Our research consists of an introduction and four chapters. The first chapter is devoted to Imam Hasiri, and in this chapter, Hasiri's person and his work called al-Hâvî fi'l-fetâvâ will be introduced. During this introduction, issues such as the sources used by Hasîrî, the content he included, the way and style of dealing with the subjects, and the preferences in his fatwas will be emphasized. In the second part of the research, Sadrüşşehid's personality and his work Umdetü'l-fetâva will be introduced. The third chapter is devoted to the comparison of the relevant sections of the works of Hasîrî and Sadrüşşehid. The fourth chapter, which constitutes one of the main parts of our study, consists of the analysis of the part titled el-Mekrûhat ve'l-mahzûrat of the work called el-Hâvî fi'l-fetâvâ. In our study, Hasîrî's work; It has been determined that it was published earlier than the relevant section of Sadrüşşehid's work in terms of the richness of its content, the abundance of its sources, and the choices he made rather than just transferring fatwas. However, it has been determined that both works have an important place in the fatwa literature alongside the general works of the later period.
Among the three sub-genres of Hanafi füru fiqh literature, works such as fatwa and nawazil have an important place. Because this literature shows that the fiqh istidlal and ijtihad activities within the madhab were carried out vividly without hesitation, in terms of containing the views of the faqihs belonging to the madhab in the later periods on issues that were not included in the founding texts of the first period. After the Hanafi school of law revealed its establishment and first texts in the Iraqi region where it first emerged, it gained widespread acceptance in the regions of Māwaraunnehir and Khorasan. In addition to the commentary of the founding texts, the jurists of this region have put forward a scientific work that can be felt within the madhab, especially on fatwa and nawazil. The works written by two great scholars on the fatwa literature of the Hanafi madhab in the region of Māwaraunnehir in the fifth century of the Hijri gained an important place in the Hanafi jurisprudence of the later period. One of them, Abu Bakr al-Hasîrî (v. 500), is still in manuscript with his work al-Hâwî fi'l-fatâwâ. The other of these works is the book called Umdatu'l-fatawa by Abu Hafs al-Sadr al-Shahid In this study, in addition to analyzing the part of al-Hasiri's work called al-Makrûhat wa'l-mahzûrat, we tried to address the issue of whether the sources, style and subjects of the fatwa are similar and different in the Hanafi fiqh thought of Mâwaraunnehir by comparing the section in question with the section in Sadrushshahid's work that contains the same subjects. Our research consists of an introduction and four chapters. The first chapter is devoted to Imam al-Hasiri and in this chapter the person of al-Hasiri and his work al-Hâwî fi'l-fatawa will be introduced. During this introduction, topics such as the sources used by al-Hasiri, the content he included, the way and style he handled the subjects, and the preferences in his fatwas will be emphasized. In the second part of the research, the personality of al-Sadr as-Shahid and his work called Umdetu'l-fatâva will be introduced. The third chapter is devoted to the comparison of the relevant parts of the works of al-Hasîrî and al-Sadr al-Shahid. The fourth part, which constitutes one of the main parts of our study, consists of the analysis of the part of the work called al-Hâwî fi'l-fatâwâ titled al-Makrûhat wa'l-mahzûrat. In our study, al-Hasîrî's work; In terms of the richness of its content, the abundance of its sources, and the choices it made not only to convey the fatwa, it has been determined that it appeared earlier than the relevant part of al-Sadr al-Shahidd's work. However, it has also been determined that both works have an important place in the fatwa literature as well as the general furu works of the later period.
Anabilim Dalı
İslam Hukuku Anabilim Dalı
Tez
Sakarya Üniversitesi
Yayın Geliş Tarihi
06.05.2024
Alt Tür
Doktora
Durum
Çevrimiçi
Ortam
HardDisk
Şekil
Elektronik
