Al-Qawā'id Al-Kulliyah in Ömer Nasuhi Bilmen's "Hukūk-i İslāmiyye ve İstilāhāt-i Fikhiyye Kāmusu" and its relation to furū fiqh (In the context of family law)

Fiqh consists of two main categories: furū fiqh and usul al fiqh. While furū fiqh covers the issues in the practical scope of fiqh, usul al-fiqh includes the evidence and methods that constitute the essence and logic of fiqh, as well as the al-qawā'id al-kulliyah. The al-qawā'id al-kulliyah in usūl al-fiqh not only help in establishing and understanding the relationship between usūl and furū, but also provide an important sub-literature in the science of fiqh. The al-qawā'id al-kulliyah, which are recognized as one of the main principles of Islamic law, facilitate the practice of law by covering many issues of fiqh and contribute to making furu fiqh more practical and comprehensible. Furthermore, many madhhab, notably the Hanafi madhhab, attributed great importance to it in terms of establishing the consistency of the usul used in the context of the sects. The formation and development of these qā'idahs started from the early periods and continued until today. In accordance with the classical understanding of fiqh, Ömer Nasuhi Bilmen's "Hukûk-ı Islamiyye ve Istılâhâtı Fıkhiyye Kâmusu" has a special place in the field of furu fiqh. In this work, it can be seen that Bilmen includes kulli qāidahs for the solution of the issues according to the Hanafī madhhab. This thesis is consists of four main chapters. The first chapter discusses Bilmen's life and works. In the second chapter, an introduction is made by focusing on the concepts that constitute the subject of the thesis. Here, the development of the literature of qawa'id and its relation with furū fiqh in the history of fiqh in the first period are mentioned. The third chapter introduces Bilmen's work, "Hūkuk-ı İslãmiyye ve Istılâhât-ı Fıkhiyye Kâmusu" and it emphasizes its place in Hanafi madhhab literature. In the fourth and last chapter, the kulli qāidahs on family law in the munākahāt and mufārekāt volumes of this work are determined and their relation with furū fiqh is established.