Author
Qaddumi, Shadi I. A.
Publication Date
2019
Publication Place
sakarya -
Sakarya University
Subject
Maslahatla Ta'lil, İstihsan, Zarar, Kâsânî, Bedâ'i'u's-sanâ'i'.
Type
Document
Language
Arabic
Digital
No
Manuscript
No
Physical Dimensions
VII, 235 yaprak ; 30 cm.
Library
Sakarya University Central Library
Library Asset ID
0427610
Record ID
2067293
Library Location
SAU [A] Central Library - Thesis Collection
Date
2019
Notes
Contains bibliographic information.
The thesis is available electronically.
Sample Text
In modern times, the subject of maslaha and masāsīd is among the most discussed topics of fiqh procedure. Some even put forward opinions that maqasıdu'l-shariah should be an independent branch of science, independent of the fiqh method. One of the issues discussed about masāsīd and maslaha is the relationship of the classical period fiqh sects with these concepts. The relationship of the Hanafi sect, which was generally accepted by the rulers of the great Islamic states such as the Abbasids, Seljuks and Ottomans and sometimes accepted as the "official sect", and the idea of maslaha is among the topics researched in the modern period. The fact that maslaha is not mentioned among the religious evidence in the Hanafi sect's procedural literature and that some terms related to both maslaha and purpose are not directly included has led to comments by some that the Hanafi sect does not accept the interpretation of the provisions based on the idea of maslaha. In this study, we, on the one hand, tried to determine to what extent the idea of maslaha is included in the usal works of the Hanafi sect, and on the other hand, we tried to inductively identify and then analyze the practices in the direction of maslaha ta'lil in Bedaiu's-sanai, one of the most prominent works of the Hanafi sect. Our study consists of an introduction and three parts. In the first part, we focused on the conceptual framework of maslaha in general, regardless of its connection with any sect. In this context, we focused on the term maslaha and its synonyms or antonyms. In addition, we tried to identify concepts that are similar or different between them by examining concepts such as the meaning of ta'lil with maslaha, qiyas based on maslaha, ta'lil with maslaha. In the second part, we tried to determine the views of the methodologists on maslahatla ta'lil. In this context, we focused on the concepts of "ta'lil with wisdom", "ta'lil with advice", "ta'lil with masâlih-I mürsele" and determined the relationships and differences between them. In addition, we have based on the methodological works that Hanafis interpret the provisions with benefits. By determining the relationship between religious evidence such as istihsan and custom and maslaha, we examined the fiqh rules based on maslaha in Hanafis and made analyzes on the relationship between maslaha and fiqh rules. In the third and last part of our research, we discussed and analyzed the practices based on maslaha and ta'lil among Hanafis, focusing especially on Imam Kâsânî's work called Bedâ'i'u's-sanâ'i'. At the end of our research, we determined that each of the founding imams of the Hanafi sect interpreted the provisions with benefit. However, in the Hanafi discourse of methodology and furu, the term "maslaha" is not used directly, and analysis and ijtihad based on the maslahat timeline are made on shar'i evidence such as istihsan, custom, sedd-i zerîa, or general fiqh rules such as umûmü'l-belvâ, harm and necessity rules.
SUMMARY
ustification of benefit (maslaha) is an important topic in contemporary Islamic jurisprudence because it is closely related to the principles of jurisprudence and the purpose of Islamic laws (maqasid sharia). Justification of Islamic laws through maslaha has been widely criticized among Muslim scholars. The Hanafi school of jurisprudence does not accept the justification of law through maslaha. Therefore, this study demonstrates the validity of justification of Islamic laws through maslaha in the Hanafi School in accordance with fiqh (Islamic jurisprudence) and Usul al-fiqh (principles of Islamic jurisprudence) by using the analytical inductive method. The study is divided into three chapters. The first and second chapters set up the theory of maslaha according to the Hanafi school of jurisprudence. In the first, an explanation of important terms is provided, such as hikmah (logic) and maslaha. In the second, the authenticity of maslaha according to scholars of jurisprudence is discussed, including evidence from hadith and Usul al-fiqh. The general principles of jurisprudence (Qawa'id Fiqhiyyah) related to the subject of maslaha are linked with its justification. The third chapter discusses applications for the concept of maslaha in the Hanafi school of jurisprudence through extrapolation, extraction and analysis of the most important examples from the book Bada'i Al-Sana'i by Kasani. The study concluded that the Hanafi school adopted many of their positions based on public benef't (Maslaha) and much of the literature on this issue these days is not accurate. The concept of public interest is a general fundamental rule under which likeness (Istihsan) and customs (Urf) fall as well as preventing excuses (Sadd al-Dhara'i) that also include jurist rules such the rules of necessity (Darurat), causing harm (Darar) and removing embarrassment (Raf' al-Haraj).
Anabilim Dalı
Temel İslam Bilimleri Anabilim Dalı
Bilim Dalı
İslam Hukuku Bilim Dalı
Tez
Sakarya Üniversitesi
Yayın Geliş Tarihi
06.11.2019
Alt Tür
Doktora
Durum
Çevrimiçi Referans Kitabı
Ortam
HardDisk
Şekil
Elektronik
