Methodology of law and essential rights of El-Muvafakat

KEYWORDS Law Religion İslam Rights Islamic law define the religionholy and constant The relationship between law theory and social change is one of the essential problems. How will the law answer the social change that forces itself to change? "Nass"' are limited, but events aren't. Wonder if is "meskutun anh" enough to answer social changes? Furthermore, nowadays, that humanitarian values getting important, rights such as equality, freedom, social justice, personal security, moral freedom, freedom of consience and religion take an important place, what is the answer of Islam? Or how should be the approach of Qur'an? Shatibi, who asked these questions himself bravely, put forward the concept of "maslahat" as an answer in his systematic. This idea of aspired to regulate the relationship between thery of law and social variation and and succeeded. He argue the way of process of Islamic law as an essential principal of theory of Islamic law. Thats why at the very beginning of his education he directed his intrest to "Usul-ü fikh" with the questions he asked himself and looked for the answer. Yüdıray SİPAHİ Eylül-2002 VII