A New Method of Legal Reasoning in the Ḥanafī School: Intra Madhhab Talfīq

Name: A New Method of Legal Reasoning in the Ḥanafī School: Intra Madhhab Talfīq
Author: Burak Ergin

İsim	A New Method of Legal Reasoning in the Ḥanafī School: Intra Madhhab Talfīq
Yazar	Burak Ergin
Tür	Kitap
Dil	Arapça
Dijital	Evet
Yazma	Hayır
Kütüphane:	Danimarka Kraliyet Kütüphanesi
Demirbaş Numarası	EISSN: 2717-6967, DOI: 10.26650/iuitd.2022.1109679
Kayıt Numarası	cdi_doaj_primary_oai_doaj_org_article_769b22c1d04c41d39f758e9695c5acbb
Lokasyon	DOAJ Directory of Open Access Journals
Notlar	Legal reasoning in the Ḥanafī School happened using various methods such as qiyas [analogy], istihsan [consideration of juristic preference], and takhrīj [deduction]. Another method is intra-madhhab talfıq [amalgamation]. Intramadhhab talfīq involves the creation of a new view by combining the views of two scholars within the same madhhab who’d expressed opposing views to one another. As stated in the relevant literature, intra-madhhab talfīq was used by the chief qadi of Damascus Tarsūsī in the 14th century as a method of legal reasoning. Qāsim b. Qatlūbaghā, who lived a century after Tarsūsī, criticized some muftis who proclaimed fatwās using talfīq as a method of legal reasoning, stating talfīq to be an invalid legal method. As for the 16th century, Shelebī and Ibn Nujaym used talfīq similar to Tarsūsī to solve certain issues related to endowments. By the 17th century, two jurists of the period, Shurunbulālī and Ibn Bīrī, touched upon this issue deeply in the treatises they wrote on the subject of moving from one madhab to another and talfīq. Both scholars objected to talfīq, stated this method to be unusable for solving fiqh issues. Another Ḥanafī scholar, Ibn ‘Ābidīn, tried to distinguish between intra-madhhab and inter-madhab. Therefore, this study examines the historical course of the debates on whether or not intra-madhhab talfiq is a usable method of jurisprudence with respect to the Ḥanafī School as well as its status during the Ottoman era.
Görüntüle	İslam tetkikleri dergisi, 2022-09, Vol.12 (2), p.669-695

Kaynağa git Danimarka Kraliyet Kütüphanesi Royal Danish Library

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Danimarka Kraliyet Kütüphanesi

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A New Method of Legal Reasoning in the Ḥanafī School: Intra Madhhab Talfīq

Yazar Burak Ergin

Tür Kitap

Dil Arapça

Dijital Evet

Yazma Hayır

Kütüphane Danimarka Kraliyet Kütüphanesi

Demirbaş Numarası EISSN: 2717-6967, DOI: 10.26650/iuitd.2022.1109679

Kayıt Numarası cdi_doaj_primary_oai_doaj_org_article_769b22c1d04c41d39f758e9695c5acbb

Lokasyon DOAJ Directory of Open Access Journals

Notlar Legal reasoning in the Ḥanafī School happened using various methods such as qiyas [analogy], istihsan [consideration of juristic preference], and takhrīj [deduction]. Another method is intra-madhhab talfıq [amalgamation]. Intramadhhab talfīq involves the creation of a new view by combining the views of two scholars within the same madhhab who’d expressed opposing views to one another. As stated in the relevant literature, intra-madhhab talfīq was used by the chief qadi of Damascus Tarsūsī in the 14th century as a method of legal reasoning. Qāsim b. Qatlūbaghā, who lived a century after Tarsūsī, criticized some muftis who proclaimed fatwās using talfīq as a method of legal reasoning, stating talfīq to be an invalid legal method. As for the 16th century, Shelebī and Ibn Nujaym used talfīq similar to Tarsūsī to solve certain issues related to endowments. By the 17th century, two jurists of the period, Shurunbulālī and Ibn Bīrī, touched upon this issue deeply in the treatises they wrote on the subject of moving from one madhab to another and talfīq. Both scholars objected to talfīq, stated this method to be unusable for solving fiqh issues. Another Ḥanafī scholar, Ibn ‘Ābidīn, tried to distinguish between intra-madhhab and inter-madhab. Therefore, this study examines the historical course of the debates on whether or not intra-madhhab talfiq is a usable method of jurisprudence with respect to the Ḥanafī School as well as its status during the Ottoman era.

Görüntüle İslam tetkikleri dergisi, 2022-09, Vol.12 (2), p.669-695