Author
UĞUR, Seyit Mehmet
Publication Place
Hits University -
Hits University
Subject
Islamic law
Type
Book
Language
ara,eng,tur
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 2757-6949, EISSN: 2757-6949, DOI: 10.14395/hid.969220
Record ID
cdi_doaj_primary_oai_doaj_org_article_5444bca23b244acc878dd4d6201ca802
Library Location
DOAJ Directory of Open Access Journals
Notes
Principal is one of the central terms used in Islamic Law with different meanings and purposes. The first independent products of the activity of determining the main principles accepted as the basis of accessory provisions in the history of Hanafi fiqh are IV./X. It started to emerge in the century. The first work that has come down to us on this subject is Ebu'l-Hasen el-Kerhî's Risâle fi'l-usûl, which contains some rules and minutes regarding usûl and descendants. It is seen that determining the originals is a central issue in the fiqh work of Kerhî's student Cessâs. His al-Fusûl fi'l-usûl is the first fiqh usûl book that identifies the origins of the Hanafi sect. Cessâs gave great importance to identifying the originals in his works on the sect, frequently referred to the originals and used them effectively. It is also important to determine their nature and function as well as identifying the originals that are effective in the sect. Because gaining holistic knowledge about the originals depends on knowing their nature and function. In this study, the nature of the term principal and the functions of the principals in Cessâs's work titled Şerhu Muhtasari't-Tahâvî are examined. It is seen that Cessâs uses the original term in the sense of shariah evidence, the main evidence that is preferable to opposing evidence and the source of the decision, makîsun against, reason, ijma or definitive shariah, the rule of fiqh and fiqh method and the minutes. Most of the principles regarding the method of fiqh are conflict and preference between evidence; It is related to the acceptance conditions and comparison of news of unity. Sometimes more than one of these meanings is meant at the same time. The term usul, which is the plural of asik, is generally used in the sense of fiqh ruling and sometimes in the sense of nas and ijma. The term usul, which means fiqh ruling, is used for the fundamental issues of fiqh and the provisions regarding them, on which Hanafi jurists or fuqahs in general agree. As far as we can determine, usul is used only in one place in the sense of the science of fiqh usul. It is seen that the originals in the mentioned work of Cessâs have different functions. The first of these is to prove the adopted fiqh ruling. Sometimes, multiple principles are used together to base a judgment. The facts are put into play to prove that the opposing view is wrong. Cessâs accepts the originals as a criterion for accepting the unified news, presents opposition to the originals as a reason for rejecting the narrations, and on the other hand, draws attention to the difference between "conformity with the originals/procedural" and "conformity with the originals/qiyas al-usul" in terms of accepting the narrations. Likewise, when choosing between contradictory hadiths, the "testimony of the originals" is used. It is seen that the evidence referenced here refers to religious evidence regarding particular issues, or fixed rulings with these evidence, rather than general principles. Cessâs emphasizes the decisiveness of the originals in determining the cause, stating that the suitability of the quality to be a cause will be determined according to its effect on the originals and whether the provisions in the originals are linked to that quality. Another purpose of including the originals in the work is to establish the connection between particular provisions and general principles by pointing to the general principles underlying the accessory provisions, and to reveal that the sectarian accumulation is a consistent and holistic structure built on some general principles. Identifying the origins of disagreements among jurists and also explaining differences in rulings between similar issues are also important functions of originals. Considering the last two functions of the originals, it can be said that such originals in Şerhu Muhtasari't-Tahâvî and similar works pioneered the formation of sub-disciplines of fiqh such as kavâid, tahrîcü'l-fürû ale'l-usûl, khilaf and furûk and provided material for them. The originals also served as a reason for preference within the sect. Finally, the originals are also referred to when determining the opinions of jurists on an issue and determining who really belongs to an opinion. Aṣl (plural: uṣûl) is one of the central terms used in Islamic Law with different meanings and purposes. The first works identifying and compiling the uṣûl accepted as the basis of the provisions of the Hanafi madhhab began to appear in the 4th/10th century. The first work we have on this subject is Abû al-Ḥasan al-Karkhî's Riṣâla fi'l-Uṣûl, which contains some general principles regarding uṣûl and furû. It is seen that determining the uṣul is a central issue in the works of Jaṣṣāṣ, who was a student of al-Karkhî. His work al-Fuṣûl fi'l-uṣûl is the first book to identify the uṣul of the Hanafi madhhab in the context of islamic legal methodology. Jaṣṣāṣ gave great importance to determine the uṣûl of the madhhab in his works on furû, for example, he used the “aṣl” effectively and intensively in Sharḥu Muḫtaṣar al-Taḥâvî.It is important to identify the uṣûl that are influential in a Hanafi madhhab one by one, and it is also important to determine the nature and function of these uṣûl. Because obtaining a holistic knowledge about the purpose depends on knowing their nature and function. In this study, the nature of the term aṣl that used in Sharḥu Muḫtaṣar al-Taḥâvî and the functions of uṣûl are examined. Jaṣṣāṣ uses the aṣl in the sense of sharia evidence, the main evidence (râjih) that is preferred in case of conflict of evidence, maqîsun ‘aleyh, ‘illa, legal provision, legal maxims of fiqh and uṣûl al-fiqh. Most of the aṣl in the meaning of uṣûl al-fiqh's legal maxims are related to conflict and preference between proofs, the conditions of accepting the hadiths and qiyas. Sometimes it is also possible to mean more than one of these meanings of the term aṣl at the same time. The term uṣûl which is the plural form of the aṣl, is often used in the sense of fiqh rule, and sometimes in the sense of nas and ijma. It is seen that the term uṣûl, which means fiqh rule, is used for the basic issues of fiqh and the provisions related to them, which Hanafi jurists or jurists in general are allied with.It is seen that the uṣûl in Jaṣṣāṣ' mentioned work have different functions. The first of these is to justify the legal provision adopted and to prove that the opposing view is wrong. Sometimes multiple aṣl are operated together to justify a judgment. The results are a criterion for the acceptance of the hadith. Jaṣṣāṣ presents the contradiction to the aṣl as the reason for rejecting the hadiths, on the other hand, he draws attention to the difference between "conformity with the uṣûl" and "conformity to the qiyas al-uṣûl" in accepting hadiths. Likewise, "witness of the uṣûl/" is used when choosing between the hadiths that are in conflict. It is seen that the uṣûl whose testimonies are consulted are the sharia evidences about particular issues or the provisions derived from these evidences rather than general principles.Another purpose of the uṣûl in the aforementioned book is to establish the connection between particular provisions and general principles by pointing out the general principles underlying the particular provisions. In this way, it is revealed that sectarian accumulation is a consistent and holistic structure built on some general principles. Identifying the origins of the disputes among the jurists and also explaining why the provisions of similar issues are different are important functions of the uṣûl. The results are also operated in intra-madhhab preferences and also when determining who an opinion belongs to.
Detaylı Başlık
Cessâs'ın Şerhu Muhtasari't-Tahâvî İsimli Eserindeki Asıl Teriminin Mâhiyeti ve Asılların İşlevleri Üzerine Bir İnceleme
