Author
Ali Ibrahim, Abakar
Publication Date
2022
Publication Place
sakarya -
Sakarya University
Subject
Maslahat-ı Mürsele,Mâlikî Mezhebi,Makâsıdü’ş-Şerîa,Endülüs Maliki Ekolü,Al-Muslahah Al-Mursalah, Al-Mahhab Al-Maliki, Maqasid Sharia, Andusi School
Type
Document
Language
Arabic
Digital
No
Manuscript
No
Physical Dimensions
vii, 145 yaprak : şekil, tablo ; 30 cm.
Library
Sakarya University Central Library
Library Asset ID
0464349
Record ID
2107138
Library Location
SAU [A] Central Library - Thesis Collection
Date
2022
Notes
Contains bibliographic information.
The thesis is available electronically.
Sample Text
In research in the field of fiqh, Malikis have come to the fore by accepting masalih-i mursalah. At the same time, they became famous with their purpose-oriented perspective that the Almighty Almighty observes certain purposes in the provisions he makes regarding the deeds of the taxpayer. This study examines the Malikis' mesalih-i murselah, specifically the Andalusian school, from a purpose-oriented perspective and in an applied manner. Considering the Malikis' maqasid-oriented perspective and their extensive use of maslahat-i mursalah and its impact on fiqh ijtihad and ijtihad-based rulings, the importance of this study within contemporary procedural studies becomes apparent. This study theoretically grounds maqasid al-shariah, emphasizes its importance in legislation, and draws attention to the importance and care given by Malikis to this issue. At the same time, it draws attention to the importance of maslahat-ı murselah as the basis of the idea of masāsīd, and examines the Andalusian School of the Maliki Sect as an example in this sense by including practical issues. Since the aim of the research is to draw attention to the importance of the Malikis' purpose and maslaha-oriented perspective and that it is an appropriate method for every period in fiqh ijtihad, in the last chapter, some ancient and new issues from the field of offspring are examined and attention is drawn to the originality of this method of the Malikis.
Malikis' prominence in adopting Maslahah Mursalah has become well-known in the realm of Fiqh studies. In addition, they came to the fore with a purposive point of view in observing the purposes of the legislator with their interest in the aims and objectives. As a result, in this study, the researcher used the Andalusian school as a model and analyzed the Maslahah Mursalah in Malikis from an intentionalistic perspective. The importance of this study and its fundamentalist fruit in contemporary academic research can be seen in the legal provisions derived from this unique purposive approach, by explaining and combining the purposive thinking of Malikis and their broad attitudes towards taking Maslahah Mursalah, and the relationship between them and its effect on fiqh. The researcher based the aims of Shariah by expressing its theoretical importance in legislation, the fact that Malikis came to the fore on this issue and that they observed this in their jurisprudence. Later, by stating its importance in the jurisprudence, the researcher accepted the Maslalih Mursalah as the main one, focused on the Maliki sect and the Andalusian sect, discussed the "working model" in its practices, and dissected the approaches of the Maliki imams on the subject of masalih and mefasid in the rai jurisprudence. Therefore, the purpose of this study is to show the importance of the Malikis' purposive view of maslahah and the appropriateness of relying on it in jurisprudence in all ages. In the last part of the research, the researcher concentrated on the applied and analytical aspects, integrated old and new models and revealed the suitability, originality and difference of the Maliki method.
Anabilim Dalı
Temel İslam Bilimleri Anabilim Dalı
Bilim Dalı
İslam Hukuku Bilim Dalı
Tez
Sakarya Üniversitesi
Yayın Geliş Tarihi
27.01.2023
Alt Tür
Yüksek Lisans
Durum
Çevrimiçi Referans Kitabı
Ortam
HardDisk
Şekil
Elektronik
