Usul al-fiqh maxims which are predominant on the juristic disagreements between Hanafi and Shafiis about the matters of "ibadat" (An analysis on the hilaf books named Tajrid and Tahsin)
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Abstract (EN)
Understanding the juristic disagreements between Hanafi and Shafiis is only possible by acknowledging their views in usul al-fiqh. Because, although the disagreements between the madhhabs are based on the provisions of the madhhab scholars pertaining to furu al-fiqh, these provisions have been discussed and understood through the maxims of usul al-fiqh that represented the madhhabs throughout history. These maxims became the methods adopted in the whole of the furu al-fiqh and represented the points of departure of the madhhabs. Therefore, the expression of furu al-fiqh in the historical background and the development of madhhab views were provided by these maxims. Although we find works examining the maxims of usul al-fiqh related to the disagreements of these two madhhabs in classical and contemporary studies, an investigation on which maxims in which fields are mostly referred to by both madhhabs is yet to be made. So, the main purpose of this research is to determine the maxims of usul al-fiqh that dominate the verdicts that Hanafis and Shafiis disagree on matters of worship, and then to show issues of furu al-fiqh given in Quduri's and Ghazali's hilaf books named Tajrîd and Tahsin al-maahiz respectively based on these maxims.
Author
Ömer Faruk Beşer
Institution
How to Cite
Ömer Faruk Beşer (Master Thesis). Usul al-fiqh maxims which are predominant on the juristic disagreements between Hanafi and Shafiis about the matters of "ibadat" (An analysis on the hilaf books named Tajrid and Tahsin), 2023, İstanbul 29 MayIs University.
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