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An evaluation of Cemâleddin Aksarâyî's work titled "Hâşiye alâ Şerhi Mecmâ'i'l-bahreyn" in the context of Ilm-i Hilâf

2023
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Advisor: Prof. Dr. Ahmet İnanır

Abstract (EN)

Cemaleddin Aksarâyî (d. 791/1388-89) XIV. He is one of the scholars who lived in the 19th century. Cemaleddin Aksarâyî, whose lineage is based on Fahreddin Razi (d. 606/1210), was influential in the spread of the Razi school to Anatolia. Molla Fenari, one of his students, contributed to the formation of a new system in Anatolia with the knowledge he received from his teacher. Cemaleddin Aksarâyî lived in Aksaray and continued his scientific activities there. He went to Amasya for a certain period and stayed there. Jamaleddin Aksarâyî, who has many works in the fields of tafsir, fiqh, hadith, morality, medicine and literature, is mostly mentioned in legends. These legends overshadowed his scholarly personality. Aksarâyî's work called Hâşiye alâ Şerhi Mecmâ'i'l-bahreyn To explain some of the closed parts in İbnü's-Sââtî's (d. 694/1295) Şerhi Mecmâ'i'l-Bahreyn, to eliminate the deficiencies and to analyze the deficiencies of that period. It is stated that it was written to draw the attention of scholars to this work. The work, which was compiled with the system of classical fiqh texts, can be considered as a kind of inter-school rejection, since it criticizes the Hanafi school based on hadiths and generally deals with the objections of the Shafii school to the Hanafi school. While grounding the objections in the work, which was arranged in the style of Kale-ekul, verse, hadith, kawaid-i kulliye, method and rational inferences were applied. In addition, Aksarâyî has tried to justify his objections by using many of the methods of making judgments while grounding his objections and making judgments from the texts. This showed that Aksarâyî had a great command of his field. In order to evaluate Cemâleddin Aksarâyî's work named "Hâşiye alâ Şerhi Mecmâ'i'l-bahreyn" in the context of scientific contradiction; Wiping the head in the worship section, with which objects tayammum can be taken, the collection of prayers and the giving of zakat to the muellefe-i club, the decree of the bey'ul-ine in the transaction section, the obligation on which the ijara contract will be built, the foundation's necessary or non-necessary contract. In this study, the subjects of marriage, parental permission and compensation for the stolen property, the amount of the killed person's diet, the testimony of women and the provision of playing chess under the heading of preparation and surrender are discussed. The reason for choosing these examples is that Aksarâyî's scientific accumulation is clearly seen while evaluating these issues in the context of the science of falsity and presenting his criticisms on these issues. Keywords: Fiqh, İbnü's-Sââtî, Şerh-i Mecma'i'l-Bahreyn, Cemâleddin Aksarâyî, Haşiye alâ Şerh-i Mecmâ'i'l-Bahreyn.

Author

Dr. Yakup Tünel

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Yakup Tünel (Master Thesis). An evaluation of Cemâleddin Aksarâyî's work titled "Hâşiye alâ Şerhi Mecmâ'i'l-bahreyn" in the context of Ilm-i Hilâf, 2023, Tokat Gaziosmanpaşa Üniversity.

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