Siyasi anlaşmazlıkların düzenlenmesi ve tercihi açısından büyük fıkıh kaideleri: Uygulamalı analitik çalışma

AL-QAWĀʿID AL-FIQHIYYA AL-KUBRĀ IN TERMS OF STRUCTURE AND PREFERENTIAL APPLICATION TO POLITICAL DISAGREEMENT: AN ANALYTICAL AND APPLIED STUDY ABSTRACT The primary objective of legal maxims in Islamic jurisprudence lies in systematizing and summarizing the inferences drawn by jurists from the sources of Islamic law, namely the texts of the Qur'an and Sunnah. However, these legal maxims—particularly the major and universal ones—have attained such a level of prominence and authority that their role now extends beyond mere legal precision and issue compilation. They have come to serve as guiding principles in managing scholarly disagreement and weighing conflicting opinions. These maxims have consistently featured in the practice of jurists, judges, rulers, and political leaders, who have employed them to support their decisions and to weigh competing considerations in complex legal and political contexts. This study aims to demonstrate the role played by the major legal maxims in regulating political disagreement within the Muslim state and in providing criteria for preferring certain views and positions over others. It focuses on the dual functions of organization and prioritization, employing an analytical and applied approach to cases of political dispute, whether from the Prophetic and Rightly-Guided Caliphate eras or from issues debated among later jurists. The research addresses the problem of affirming the effectiveness of these maxims in managing political disagreement and providing sound bases for preference, resolution, or direction. The significance of the topic lies in its engagement with exceptional circumstances—namely, situations of disagreement—and in the rarity of studies linking legal maxims to such disputes. The study concludes that the major legal maxims have played a central role in regulating political differences and determining preferable positions. This role was evident in the early Islamic periods and among jurists of various schools. Furthermore, political disagreement is not limited to practical divergences between opposing parties, but also encompasses differences in ijtihād (independent reasoning) regarding matters of public governance and Islamic political theory. Keywords: Legal maxims, Political disagreement, Islamic political theory, Regulation, Preference.