Al-istidlâl with the rule of al-istithnâ in Islamic law: The case of Hanafî school of thought

Islamic law is a dynamic legal system in terms of being equipped to meet the needs of the age it is in. The jurists have acted in such a way as to enable the "gai" in-terpretation as well as the "literal" interpretation in order to make the dynamic dimension of Islamic law functional and put forward studies. It is inevitable to know and operate the grammatical feature and rules of the language family to which the text belongs so as to realize the literal interpretation of legal texts. In this context, the jurist(s) should pay attention to the rules of the science of "nahiv", which is Arabic grammar. The subject of exception is an important issue in the science of nahiv and has many problematic areas. The Islamic jurist should use these data in the science of nahiv while analyzing the legal texts that contain exceptions. Therefore, in the first part of the thesis, the grammatical aspect of exception is shed light. In the second part, the place and function of the exception in the usul al-fikh are discussed; In the third part, the examples of the exception in furu' al-fikh are given.