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Disputes of the Hanafis and the Shafiis in the Law of Heritageand the practical consequences of these disputes

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2022
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Abstract (EN)

In the Islamic legal system, the shar'i rulings are obtained from the primary evidences we call book, sunnah, ijma and qiyas, and secondary evidences such as istihsan, istishab, kavli sahabi...etc. These sources, which are called Edille-i şeriyye, have been subject to different methods and methods that our mujtahid imams have applied in the process of ruling. As a result, different opinions emerged. The procedural differences of our mujtahid imams lie at the root of the controversial issues that arose among the fiqh sects. Conflicts arising from this difference have been a mercy to people. Examining and revealing these different views helps to solve many problems in our current life. In this study, the different views of the Hanafi and Shafi'i sects, the two valuable sects of our fiqh treasury, on the issues related to the law of inheritance, which is one of the important issues of transaction, were determined and the approaches of both sects were examined and their practical results were determined. While identifying these conflicts and their evidence, the authoritative works and studies in this field were taken as a source, and the different views between the two sects were analyzed and compared. Our thesis consists of an introduction, two main chapters and a conclusion. In the introduction, subjects such as research subject and scope, importance of research, source research and method are mentioned. In the first chapter, the nature of inheritance law and general subjects of inheritance law are discussed under the main headings.In the second part, the conflicts between Hanafis and Shafiis were examined. In the conclusion part, how the problems that arise in the division of inheritance are solved by the methods revealed by the sects and the results are determined.

Author

Emre Kargı

How to Cite

Emre Kargı (Master Thesis). Disputes of the Hanafis and the Shafiis in the Law of Heritageand the practical consequences of these disputes, 2022, Uşak University.

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