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Imam Shafi'i understanding the rules of procedure in the conception and solutions

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2019
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Abstract (EN)

The fiqh method, especially fiqh has an upper methodology identity for all Islamic sciences. Shafii, in his book er-Risale, was the founder of this science. According to him, the sources that provide precise and reliable information on shari'a ruling / ciheta'l-ilm are the Qur'an, the Sunnah and the ijma and qiyaas. The harmony of the Sharia evidences and especially eliminating the dispute of the Ahadith, is one of the most important factors in Shafii 's work, as well as its importance in writing a method. According to him, among the Shari'i proofs, there is no issue of having an unsolved problem. However, every solution must be based on an evidence. Although Shafii uses the concept of teâruz in his works to express the conflict of the evidence, he often uses the conflict as a discipline to express the conflict of the hadiths. Shafii refers to the conflict of the hadiths which do not have the possibility of combination. He uses this notion only for evidence that can be resolved through conflict, or preference among them. The evidence that carries this attribute is only hadiths. Shafii is the first person who deals with the issue of conflict between hadiths and decides the basis of the solution and writes an independent work on this field. According to him, the hadith dispute is mostly due to narrator as a source, but also because of the difference of context, not considering the public-matter, and the unknowingness of the nas relation. Shafii, "isti'malu'd-delileyn" or "Imdau'd-delileyn" which means "the use of two pieces of evidence" or "the validation of two articles" instead of the concept of "cem" for the evidence which conflicts with each other, for the evidence that we are using the expressions but are unable to be reconciled because of the existence of true dispute among them and we are to take one of the evidence and abandon the other, we can say that there is "inscription / tarhu / ta'til", which means that one of the two evidences should be dropped, -i ehadi'd-delileyn ". For this reason, in the open conflict, both conflicting evidence will be the subject of the work; whereas in the real conflict, only one of the conflicting evidence can be the subject of the work. Shafii appeals to the way of reconciliation / cem 'when there is a conflict between the proofs, then to the way of nesh when he cannot find this possibility, and when he cannot find the nesh he used the way of tercih. According to him, while nesh and tercih, are ways of resolving the true conflict; cem 'is the only way to resolve the visible conflict. Key Words Proof of Shri, hadith, dispute, conflict, conciliation, way of solution, cancel, preferance, drop, actuat.

Author

Ahmet Temizkan

How to Cite

Ahmet Temizkan (Doctorate thesis). Imam Shafi'i understanding the rules of procedure in the conception and solutions, 2019, Dicle University.

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