DoctorateOpen Access

Islamic law in the fifth century comparison

2023
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Advisor: Prof. Dr. Ali Duman

Abstract (EN)

The primary sources of Islamic law are the Quran and Sunnah (nass). The analogy evidence, which includes the intellectual efforts of Islamic jurists, is generally accepted as the fourth evidence after consensus. When dealing with a new issue, the first step is to refer to the primary sources. If there is no fixed rule in the nass, the mujtahid embarks on seeking a ruling through ijtihad. In the process of ijtihad for a Shar'i matter that does not fall within the scope of nass, the method or methods used by the mujtahid is an important aspect of usûl al-fiqh. As stated in the hadith of Mu'az, the fact that no event without nass will remain unresolved is an important truth and is considered as an indication of Islam being an inclusive religion. Despite objections, analogy is one of the most important elements of ijtihad in Islamic law and is a proof that broadens the scope of nass. This study aims to academically examine the analogy evidence in Islamic law. The analogy evidence is a method of deriving rulings by comparing similar situations when there is no clear rule in the nass. The thesis will cover the definition, basis, method, application areas, controversies, statement of ijtihad, and relationship with other evidence of analogy. The importance of the analogy evidence in Islamic law is accepted as a proof that expands the scope of nass and is supported by the fact that no event without nass will remain unresolved. The aim of this study is to contribute to future research by better understanding the place of the analogy evidence in Islamic law.

Author

Dr. Mehmet Nezir Ceylan

How to Cite

Mehmet Nezir Ceylan (Doctorate thesis). Islamic law in the fifth century comparison, 2023, İnönü University.

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