Necessity and its effect on fiqh laws in the Hanafi sect: The example of al-Mabsut by Serahsi

With the death of our Prophet, the two main sources of Islam, the Qur'an and the Sunnah, were completed. In the next period, with the rapid spread of Islam and the conversion of people from different geographies and cultures to Muslims, the issues of Islam have also diversified, and the existence of the state of necessity and its effect on the ruling has begun to be discussed. As a result of these discussions, many opinions have been put forward, while some fuqaha see necessity as arbitrary judgment, while some fukahas argue that necessity is a situation that should be taken into consideration while giving judgment. In this study, we will deal with the concept of necessity, especially in the Hanafi sect, and identify the issues related to necessity in the work of Imam Serahsi called al-Mabsût. Our study consists of an introduction and two parts. In the introduction part, the subject of the thesis, its limitations, methods and sources, and the concept of necessity in general are discussed and the concept of necessity in the Qur'an and Sunnah is explained. In the first chapter, the concept of necessity in Serahsi is emphasized along with the concepts and evidences related to necessity. In the second part, the issues related to necessity in al-Mabsût were determined. In the conclusion part, Imam Serahsi's views on necessity were evaluated in the light of the information obtained.