Eşbâh and Nezâir literature: Ibn Nüceym and Suyûtî example

Hanafi sect scholars take precedence in codification of Furu-fiqh, as well as establishment of fiqh rules and use these rules as evidence in the matter. This approach started from "Izz b. Abdusselâm" and began to show improvement in favor of the Shafi sect and finally it attained stability with Imam Suyuti. We Identified "el-Eşbâh ve Nezâir by Ibn Nüceym and el-Eşbâh ve Nezâir by Suyûtî" as the subject of our thesis. These are from the Hijri tenth century works. Kavâid literature matured at this period. The previous accumulations compiled. The expression of the Kavâid rules clarified and the methods of classification used in the Kavâid works gained systematic. Ibn Nüceym has created the el-Eşbâh mostly benefiting from Suyuti with some differences in terms of style, scheme and content. İbn Nüceym developed this salvaging by applying the type of legislation takes notion of fiqh from the nearly 65 text, commentary and fatwa from Hanafi School. In this way, Hanafi kavâid literature revived since cessation of the beginning of the seventh century and he has made it possible for next generation to dozens of studies on his book. We have made efforts to promote a comparative approach for general content of these two works together with all the fiqh subjects, titles and issues that are covering the "it is governed by the purpose of all things" statements. We observed that Eşbâh Nezâir works occur (based on the deductive method) as a result of extensive knowledge of fiqh rules, rescan the holistic context of the acquis and the review. After describing some of Suyuti and Ibn Nüceym fiqh rules with examples and regulations, it indicates following statement "as you can see, this covers predominately titles and subjects of fiqh rules" in these works. However, this situation has been preventing the performance of the broad of fiqh analysis and thinking. As a result the subject and matter of fiqh pointed out briefly.