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Usul ilmindeki kıyas kaidelerini (Analitik ve uygulamalı bir inceleme) / The rules of measurement in the fundamentals of jurisprudence (Applied analytical study)

2020
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Advisor: Dr. Öğr. Üyesi Mehmet Sami Yıldız

Abstract (EN)

Legislation of all kinds is a necessity required by human life, given the growing number of members of this world, and the accompanying developments and changes in various life facilities and areas, such as scientific, social, political, economic and even industrial, as well as progress in lifestyles, influenced by the so-called "modern life", "modern society" or "modernity", and similar such names based on influence on technological progress, progress and cultural progress, and their impact on intellectual and social life. It is regrettable and painful to add to the above: the transformation of the most Islamic peoples from producer to consumer, which calls for their dealings with other nations, friction with them, and the payment of the tax on that need to other nations. Therefore, the Muslim community has a lot of developments, which are called in the custom of fundamentalists and jurists by the term "Juristic issues", which were not in the past of the past, and these are political, social, or other, whatever their type or forms, because of the necessity of the officials, so the Islamic law was present in all of this, for its goodness, rationality and comprehensiveness in every case, time and issue. In modern times, established legal schools have introduced a legal term, which they have failed to solve the problems of the judiciary, and they say that they are (legal loopholes), as a term expressing the issues that the law has failed to find a solution to in place, to find a solution. In her case, every issue that the positive regimes have failed to do, they said about it: it is a matter of legal loopholes, while we do not find this in Islamic law, its provisions are renewed in meaning, so we have no issues or disputes, but they have a way out of the exits in the Islamic sharia, which is cleansed, and that is, The philosophy of legislation in Islamic law is based on a strong system, which is characterized by the "centrality of the assets", i.e., the evidence of sharia is based on a solid foundation, characterized by far-sightedness, consideration of the interests of creation, and at the same time, Islamic legislation links creation to the Creator, by making it close to its provisions and laws, resulting in the love of those provisions and legislation, upholding them, not feeling or feeling bullied or pressured by the legislation. Therefore, I will speak of one of the most important and most needed evidence of the principles of jurisprudence by the hard-working and costly, given the reasons mentioned, which is the evidence (measurement) that deals with the statement of the reasoning of the judgments, and the attachment of what comes out of it, which is an argument for those who argue by saying I will address a statement of what is true of the fundamentalists from the fundamental rules concerning measurement, study, and how they are applied. In the issues that arise, and the anecdotes, which are incessant with the existence of humanity.

Author

Dr. Abdullah Fadhıl Abbas Al-janabı

How to Cite

Abdullah Fadhıl Abbas Al-janabı (Master Thesis). Usul ilmindeki kıyas kaidelerini (Analitik ve uygulamalı bir inceleme) / The rules of measurement in the fundamentals of jurisprudence (Applied analytical study), 2020, Aksaray University.

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