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The protection of life as a concept in Hanafi fiqh tradition

2022
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Advisor: Prof. Dr. Osman Güman

Abstract (EN)

Islamic Law considers some aims and basic principles that religion aims to protect while solving the problems that people encounter both individually and socially. Ijtihad, which is the most obvious method of making shari'a judgments in fiqh, cannot be considered apart from the purposes of sharia. The mujtahids who have carried out this activity have taken into account certain aims in the method they have acquired in legal practices since the early periods of Islam, and they have given importance to realizing the interests of the people and above that the aims of the sharia. In this field, which entered the literature as Makâsıdu'sh-Sheria in Islamic law, the aims that religion aimed to protect were determined by the method of istikra and after that they played an important role in producing fiqh solutions. Although the hifzu'n-nafs, that is, the protection of life, which is considered within the scope of the obligatory purposes to be protected in the maqasid, has been the subject of many studies due to the widespread discussion of current medical issues in terms of Islamic law, researching the development process of this concept as a basic principle independently has remained incomplete. Based on the readings made in classical fiqh works, we see that a comprehensive definition has not yet been made about this important concept. At this point, perhaps it will be necessary to carry out separate studies across sects (Madhabs) and to present different definition proposals by considering the sectarian views of the concept of hifzu'n-nafs. Our aim in this study will be to investigate the principle of protection of life based on the Hanafi sect in the conceptual framework, to determine the place this principle has acquired in fiqh issues, to clarify its relationship with similar terms and concepts, and finally to try to draw the framework of the principle of protection of life in the Hanafi sect. In the first part of our thesis, which consists of two main parts, we will evaluate the theory of maqasid, in which the concept of hifzu'n-nafs has taken place and hifzu'n nefs within this theory; in the second part, we will try to reach a suitable definition by evaluating this concept and other concepts that meet the protection of life in classical Hanafi fiqh within the framework of fiqh issues Islamic Law considers some aims and basic principles that religion aims to protect while solving the problems that people encounter both individually and socially. Ijtihad, which is the most obvious method of making shari'a judgments in fiqh, cannot be considered apart from the purposes of sharia. The mujtahids who have carried out this activity have taken into account certain aims in the method they have acquired in legal practices since the early periods of Islam, and they have given importance to realizing the interests of the people and above that the aims of the sharia. In this field, which entered the literature as Makâsıdu'sh-Sheria in Islamic law, the aims that religion aimed to protect were determined by the method of istikra and after that they played an important role in producing fiqh solutions. Although the hifzu'n-nafs, that is, the protection of life, which is considered within the scope of the obligatory purposes to be protected in the maqasid, has been the subject of many studies due to the widespread discussion of current medical issues in terms of Islamic law, researching the development process of this concept as a basic principle independently has remained incomplete. Based on the readings made in classical fiqh works, we see that a comprehensive definition has not yet been made about this important concept. At this point, perhaps it will be necessary to carry out separate studies across sects (Madhabs) and to present different definition proposals by considering the sectarian views of the concept of hifzu'n-nafs. Our aim in this study will be to investigate the principle of protection of life based on the Hanafi sect in the conceptual framework, to determine the place this principle has acquired in fiqh issues, to clarify its relationship with similar terms and concepts, and finally to try to draw the framework of the principle of protection of life in the Hanafi sect. In the first part of our thesis, which consists of two main parts, we will evaluate the theory of maqasid, in which the concept of hifzu'n-nafs has taken place and hifzu'n nefs within this theory; in the second part, we will try to reach a suitable definition by evaluating this concept and other concepts that meet the protection of life in classical Hanafi fiqh within the framework of fiqh issues Islamic Law considers some aims and basic principles that religion aims to protect while solving the problems that people encounter both individually and socially. Ijtihad, which is the most obvious method of making shari'a judgments in fiqh, cannot be considered apart from the purposes of sharia. The mujtahids who have carried out this activity have taken into account certain aims in the method they have acquired in legal practices since the early periods of Islam, and they have given importance to realizing the interests of the people and above that the aims of the sharia. In this field, which entered the literature as Makâsıdu'sh-Sheria in Islamic law, the aims that religion aimed to protect were determined by the method of istikra and after that they played an important role in producing fiqh solutions. Although the hifzu'n-nafs, that is, the protection of life, which is considered within the scope of the obligatory purposes to be protected in the maqasid, has been the subject of many studies due to the widespread discussion of current medical issues in terms of Islamic law, researching the development process of this concept as a basic principle independently has remained incomplete. Based on the readings made in classical fiqh works, we see that a comprehensive definition has not yet been made about this important concept. At this point, perhaps it will be necessary to carry out separate studies across sects (Madhabs) and to present different definition proposals by considering the sectarian views of the concept of hifzu'n-nafs. Our aim in this study will be to investigate the principle of protection of life based on the Hanafi sect in the conceptual framework, to determine the place this principle has acquired in fiqh issues, to clarify its relationship with similar terms and concepts, and finally to try to draw the framework of the principle of protection of life in the Hanafi sect. In the first part of our thesis, which consists of two main parts, we will evaluate the theory of maqasid, in which the concept of hifzu'n-nafs has taken place and hifzu'n nefs within this theory; in the second part, we will try to reach a suitable definition by evaluating this concept and other concepts that meet the protection of life in classical Hanafi fiqh within the framework of fiqh issues

Author

Dr. Emine Sarıtemur

How to Cite

Emine Sarıtemur (Master Thesis). The protection of life as a concept in Hanafi fiqh tradition, 2022, Sakarya University.

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