Analysing Ahaikhīzāda's Mecma'u'l-enhur in terms of qawā'id al-qullī
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Abstract (EN)
The general rules, which are generally based on verses and hadiths, have taken place in all areas of fiqh, from the provisions of worship to family law, from debts and criminal law to administrative law. In addition to the texts, the expression of the jurisprudential provisions, which consist of the jurisprudence of the jurists, as a principle, has also paved the way for the formation of general rules. Historically, the general rules, whose traces were first encountered during the period of the Prophet and his companions, are sometimes seen in the early works written in the field of furû' fiqh, sometimes in a concise structure and sometimes in an explanatory format. In this context, many independent works have been written about general rules in famous fiqh schools. As in others, general rules have been resorted to in the furû' fiqh sources of the Hanafi school for the purposes of explaining existing provisions, determining new provisions and defending the view of the school in controversial issues. One of the furû' fiqh sources of the Hanafi school, which had an impact on the formation of the scientific and legal structure during The Ottoman period, is Şeyhîzâde's work called Mecmaʿu'l-enhur fî şerhi Mülteka'l-ebhur. In this study, Mecmaʿu'l-enhur, which was written according to the classical commentary tradition and by making use of many fiqh sources, was examined in terms of the kvâid-i küllî. As a result of this examination, the formation process of the general principles in Mecmaʿu'l-enhur was followed and the wording with which they were included in Mecelle was determined by comparing them with the famous kvâid works of other schools.
Author
Necmi Yavuz Karaca
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Necmi Yavuz Karaca (Master Thesis). Analysing Ahaikhīzāda's Mecma'u'l-enhur in terms of qawā'id al-qullī, 2024, Ordu University.
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