İbnü'l- Mülakkın'in Umdetü'l-Muhtac eserindeki had kitabına ilişkin fıkıh hükümleri ampirik bir çalışma
2024
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Advisor: Dr. Öğr. Üyesi Sohaib Abdulraheem Hameed
Abstract (EN)
"In this research, I studied the most important juristic rules mentioned by Imam Ibn al-Mulaqqin, the Shafi'i scholar, related to the Book of Hudud (penal laws). I began my research with a brief biography of Imam Ibn al-Mulaqqin, and then I discussed the importance of his book. In the introduction, I mentioned the significance of juristic rules and the difference between them and similar concepts, such as the fundamental rule, the juristic principle and analogies and parallels (al-Ashbāh wa'l-Naẓā 'ir). After that, I mentioned the scholars' views on the use of jurisprudential principles, the stages of the development of this science, and the efforts of the Shafi'is in this field. Then, I began the research by explaining the reality of Hudud (penal laws) and the general classifications of crimes, as well as the wisdom behind the legislation of Hudud. Then, I mentioned twenty jurisprudential principles: two of them explicitly stated, eleven clearly articulated, and the rest derived through inference. Most of the principles are general, while some are universal. I began with the explicit principles, followed by the clearly articulated ones, and concluded with the inferred ones. I prioritized the universal principles over the general ones. For each principle, I discussed its significance and, if it appeared in other schools of thought, I cited its sources from the books of those schools. Then, I explained the individual and overall meaning of the principle, its basis, and any relevant specific rulings. If the principle influenced scholarly differences, I included the evidence for each opinion. Finally, I noted the applications of each principle as mentioned by Ibn al-Mulqin in his book. The research concluded by mentioning the most important findings reached in my study, among which were: that Allah Almighty legislated Hudud as a mercy for mankind, not as punishment for them; and that mastering the principles eliminates the need to memorize many branches, thus resolving contradictions found elsewhere. Additionally, I provided some recommendations for my fellow researchers and students of knowledge.
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Dr. Omar Alkannas
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Omar Alkannas (Master Thesis). İbnü'l- Mülakkın'in Umdetü'l-Muhtac eserindeki had kitabına ilişkin fıkıh hükümleri ampirik bir çalışma, 2024, Yalova University.
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