Author
Ayşegül Yılmaz
Publication Place
Presidency of Religious Affairs -
Presidency of Religious Affairs
Subject
Diyanet scientific journal, 2022-06, Vol.58 (2), p.657-694
Type
Book
Language
ara,tur
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 1300-8498, DOI: 10.61304/did.1090366
Record ID
cdi_doaj_primary_oai_doaj_org_article_aeff66f5d7ef448184d062865ac659ad
Library Location
DOAJ Directory of Open Access Journals
Notes
Allah Almighty has established the religious provisions within the framework of certain purposes and wisdom, and has arranged his orders and prohibitions by taking into account the welfare of his servants. The dominance of the principle of facilitation and removal of burden in Islamic law is an indication of this. In all Sharia provisions, situations in which the servant is helpless and beyond his will and intention are taken into consideration; For this reason, most of the haram things are allowed in cases of necessity and exigent compulsion. However, it is seen that the principle of facilitation does not apply to a small number of harams. The aim of this study is to analyze the haram acts, which are not allowed in any case, from a procedural perspective and to determine the reasons why the haram ruling of these acts has not changed. For this purpose, first of all, haram acts, which are not permissible under any circumstances, have been identified, and then the characteristics of these acts that make them not permissible in cases of necessity and involuntary necessity - even in cases where the taxpayer is in danger of death - have been investigated and revealed. Finally, the procedural reason why these acts should not be allowed under any circumstances has been determined. In the study, some important results were reached in terms of fiqh, usul al-fiqh and usul al-din, as well as in terms of the philosophy of punishment and law.
Detaylı Başlık
İSLÂM HUKUKUNDA RUHSAT VERİLMEYEN HARAM FİİLLERE TEORİK BAKIŞ
