Author
Fatih Orhan
Publication Place
Istanbul Sabahattin Zaim University -
Istanbul Sabahattin Zaim University
Subject
Usul Islamic Studies, 2018-07, Vol.29 (29), p.97-122
Type
Book
Language
Arabic
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 1305-2632, DOI: 10.56361/usul.512871
Record ID
cdi_doaj_primary_oai_doaj_org_article_92d82ff188b944169f721dcefcb13530
Library Location
Open Access Resources_DOAJ
Notes
Abstract: The concept of mura'at-i khilaf, which is a concept related to the fiqh procedure and is only mentioned in the Maliki sect, serves the purpose of taking into account the consequences of the ruling in the enactment of the ruling. The nature of this concept, which is based on maslaha, as its name suggests, consists of acting on the evidence of the opponent in a fiqh issue. Besides the fact that it leads to the conclusion that a mujtahid imitates another mujtahid, the existence of some problematic situations regarding its application has opened the door to some debates on the concept. We will try to understand the nature and functioning of this rule and to determine whether it can be considered as evidence in this regard. and used by Maliki sect only, serves a purpose of taking potential results of judgment into account while establishing a judgment. The nature of this concept, whichis based on affairs, consist of acting with the evidence of the opposing viewin a matter about the Islamic Law as it can be understood from its name.Besides it can produce a result such as imitating of a mujtahid by another one, the existence of some confusing situations about it's practicing caused to some conflicts over the concept. We will try to understand the nature and the way of functionality of this rule and determine if it can be accepted as an evidence within this context or not.
Detaylı Başlık
Fıkıh Usûlünde Mürâât-ı Hilâf ve Hüccet Değeri
