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Renewal in the principles of islamic jurisprudence in classical and modern periods

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2024
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Abstract (EN)

In the Classical period, around the 5th (11th) century, discussions and efforts towards the renewal of the science of usul (principles of Islamic jurisprudence) began. In the Modern period, starting from the last quarter of the 19th century, Ottoman jurists initially, and later jurists in other Islamic countries, engaged in discussions and efforts to renew the science of usul. While there was consensus on the possibility of renewal in the form of usul, there was no agreement on its renewability in terms of content. These debates were shaped by the dialectic of whether usul in fiqh (jurisprudence) is definitive and fixed or whether it has reached scientific and epistemological maturity. During the Classical period, the science of usul underwent renewal both in form and content. The renewal in content began, especially with the inclusion of the gāʾī (external) doctrine as one of its subjects. Within this framework, its scope was expanded and approached more systematically. Simultaneously, new understandings regarding the value of the science of usul were proposed, leading to its epistemological renewal. In the context of modern renewal discussions, some scholars attempted to renew usul through intra-disciplinary endeavors, while others sought to do so through interdisciplinary means. Criticisms were raised about the excessive focus of usul on language rules, neglect of the makāsıd (objectives) issue, the controversial nature of its content, and its development being disconnected from the reality of life. Suggestions were made for collaboration between the science of usul and social sciences, the enhancement of the conceptual content of usul, and the integration of the literature of Islamic law. Some discussions on the qualitative dimension of usul renewal are seen as mere repetitions of classical works. In the Modern period, although there has not been much progress in the renewal of content, various studies have been conducted within the context of renewal discussions. New theories have been developed, different problems have been identified, and various approaches have been proposed for the modernization of the science of usul. Keywords: Usul al-Fiqh, Renewal, Classical Period, Modern Period, Content, Form.

Author

Mehmet Sayğın

How to Cite

Mehmet Sayğın (Doctorate thesis). Renewal in the principles of islamic jurisprudence in classical and modern periods, 2024, İnönü University.

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