DoctorateOpen Access

The application of usul al-fiqh in Baberti's İnaye

2017
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Advisor: Prof. Dr. Davut Yaylalı

Abstract (EN)

The aim of this thesis is to reveal the state of ascertaining fiqh decrees by applying the basis and principles of usul al fiqh to lawful text in the work entitled 'Al Inayah' of Babarti. Thus, in the study, the life of Babarti who was a usul and fiqh scholar is summarized briefly; the examples regarding the usul application detected in Al Inayah are stated and assessed pursuant to the systematics of classical Hanafi usul works. In addition, Babarti's personal approaches and the examples in which he implemented the usul principles are expressed within the related topics. In Al Inayah, it was observed that there is a robust association between usul and furu and that the way to obtain several fiqh problems in accordance with usul al fiqh data was disclosed. It demonstrates that usul al fiqh was employed actively not only during the emergence process of madhabs (religious sects), but also in the stagnation period of fiqh discipline. It means also that it is impossible to not need usul while generating the lawful information, and that finding fine solutions for contemporary legal problems depends on effective usage of usul al fiqh. According to the other results obtained generally from the study, usul al fiqh is the discipline existing to produce practical outcomes, and its primary function is to produce fiqh. The way to have a grasp of this discipline is through the examination of extensive fiqh pieces. Considering the results reached in particular, Babarti is a faqih (expert in fiqh) who contributed to the implementation and development of usul principles with his personal approaches. On the other side, the furu' of Hanafi madhab is in accordance with its usul.

Author

Dr. Fatih Karataş

How to Cite

Fatih Karataş (Doctorate thesis). The application of usul al-fiqh in Baberti's İnaye, 2017, Atatürk University.

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