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Taşköprizâde Ahmed Efendi'nin (Ö. 968/1561) Şerhu Metni'l-Ferâiz isimli eserinin tahkik ve incelemesi

2025
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Advisor: Doç. Dr. Hilal Özay

Abstract (EN)

This thesis presents a study and research of the book "Metn el-Fera'id" along with its commentary by the eminent scholar and judge, Ahmad ibn Mustafa ibn Khalil, known as Tashkubri zadeh Ahmad Efendi (d. 968/1561), one of the leading Hanafi jurists of the 10th century AH. In this work, the author introduces a concise text facilitating the memorization of inheritance rulings, followed by an extensive commentary elaborating on these issues. The significance of this commentary lies in its incorporation of the most prominent opinions of authorities in this field, such as Siraj al-Din al-Sajawandi, author of Al-Sirajiya, as well as its major commentators including Sharif al-Jurjani, author of Sharh al-Sirajiya, Ibn Kemal Pasha, and others. The commentary also presents key jurisprudential preferences and legal opinions, supported by citations from the Qur'an, the Sunnah, the consensus of scholars (ijmā'), and the statements of the Companions and their successors. The investigation is based on two manuscript copies. The study adopts a descriptive historical approach to examine the personal and scholarly biography of Judge Tashkubri zadeh, explore the intellectual landscape of his era, and review significant events and leading scholars who shaped the academic life of his time. In the investigation section, a comparative methodology was employed to collate and analyze the manuscript variants. Differences between the versions are recorded in the footnotes without interpretive commentary. Qur'anic verses and Prophetic hadiths are cited, and all textual references are meticulously attributed to their original sources. Among the study's principal findings is the author's systematic presentation of Hanafi legal opinions on each inheritance issue, followed by the views of other schools of thought, supported by evidences from the Qur'an, Sunnah, consensus, and the sayings of the Companions and their successors "Tabi'in". Notably, the author demonstrates intellectual objectivity, refraining from school of thought bias and preferring the strongest legal opinions regardless of their affiliation with his own school. This reflects his vast knowledge and broad scholarly vision. The author addresses various contentious topics, including his preference for the opinion that the maximum period of gestation is two years; that a hermaphrodite inherits the lesser of the two possible shares; and that in cases involving drowning, collapse, burning, and similar scenarios where the exact time of death is unknown, heirs do not inherit from one another but rather each estate is distributed among the surviving heirs, following the majority opinion (fatwa) on these matters. Keywords: Fiqh. Inheritance. Taskubri zadeh Ahmad Efendi. es-Sirajiya. Sharh Metn el- Fera'id.

Author

Dr. Goran Hakeem Azeez

How to Cite

Goran Hakeem Azeez (Master Thesis). Taşköprizâde Ahmed Efendi'nin (Ö. 968/1561) Şerhu Metni'l-Ferâiz isimli eserinin tahkik ve incelemesi, 2025, Tokat Gaziosmanpaşa Üniversity.

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