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Kadı Ebû Ya'lâ and his method

2021
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Advisor: Prof. Dr. Mehmet Birsin

Abstract (EN)

The science of fiqh method is a science that enables the understanding of the main approaches of the fiqh sects as well as the way of the correction of fiqh decrees. In the fiqh tradition, the differences between sects are basically explained by differences in method. The founding jurisprudents are considered to have a peculiar methodology, although not written. This situation is also valid for Ahmed b. Hanbal who is the founder of Hanbali sect. However, his views were scattered in the fiqh books of the sect, since he did not copy any work on the fiqh method. This situation, which continued until the first quarter of the fifth century of Hijri, ended with Abu Ya'lâ's work entitled al-Udde fî Usûli'l-Fiqh, which he compiled in 428/1036. The study we have aims to reveal the rationalism of Abu Ya'la, who systematized the Hanbali method for the first time, based on al-Udda. The study consists of the introduction, three sections and conclusion sections. The information on the evaluation of the importance, objective, limit, method, and sources of the subject were provided in the introduction section. In the first chapter, the period in which Abu Ya'la lived and his characteristics, life, education, administrative duties, factors affecting his upbringing and his death were discussed. In the second part, issues such as the formation process of the Hanbali sect of fiqh, of which Abu Ya'la is a member, the status of Hanbali fiqh method before Abu Ya'la, and the position of Abu Ya'la in the Hanbali sect are examined. In the third chapter, Abu Ya'la's approach to the fiqh method as a scientific discipline, his methodological views and the literal indication method he used were investigated. In the conclusion section, some opinions, and evaluations on the systematism of Abu Ya'la in the context of al-Udde were made. Additionally, this study is the first study on its field, and thus, it will be guiding for those who want to carry out scientific studies on the Hanbali fiqh system about which no scientific studies were conducted neither in Turkey nor in the Islamic world until today. Keywords: İslam Hukuku, Hanbelî Mezhebi, Fıkıh Usûlü, Ahmed b. Hanbel, Kadı Ebû Ya'lâ

Author

Dr. Hüseyin Bayrak

How to Cite

Hüseyin Bayrak (Doctorate thesis). Kadı Ebû Ya'lâ and his method, 2021, İnönü University.

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