Master'sOpen Access

The comprehensive rules hanafi and shafi'i faqihs agree on: Specific to Suyuti and Ibn Nuceym's al-Ashbah wa al-Nazir

2019
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Advisor: Dr. Öğr. Üyesi Yakup Mahmutoğlu

Abstract (EN)

Our work aims to illustrate the comprehensive rules that Hanafi and Shafi'i sects agree on in Imam Suyuti and Ibn Nuceym's work called al-Ashbah wa al-Nazair, their explanation and reflection on furu al-fiqh with examples. Our thesis consists of two main parts. The first part deals with the lives and works of Imam Suyuti and Ibn Nuceym, specifically the works named al-Ashbah wa al-Nazair, which are main sources of our work, their introduction, features, and comparisons. We divided the second part into two sections. In the first section, we focused on explaining comprehensive rules and related terms, comprehensive rule sources, codification, conceptualization and development processes, features, hujjat values and benefits. In the second section, we tried to first explain the five main legal maxims that all fiqh sects, particularly Hanafi and Shafi'i sects agree on, later determine and explain the comprehensive rules that specifically Hanafi and Shafi'i sects agree on. For the rules that we identified, we tried to point out the different versions of the rule if there were any. We also pointed out the rules that were legalized in Mecelle (Ottoman code of civil law). And we were attentive to give the explanation of the rule, its sources if there were any, its reflections on furu al-fiqh, and its exceptional examples if it had any. We gave the same example if both of the sects agreed on the rule's reflection on furu al-fiqh. However, in the case of conflict, we have given different examples. With these properties, our work can be seen as a work of "Comparative Comprehensive Rules" since it puts forward the five main legal maxims that all sects agree on in comparison with the comprehensive rules that Hanafi and Shafi'i sects agreed on, or as a "Literature of Comprehensive Rules" since it deals with almost all aspects of the comprehensive rule literature at the same time.

Author

Dr. İdris Cebeci

How to Cite

İdris Cebeci (Master Thesis). The comprehensive rules hanafi and shafi'i faqihs agree on: Specific to Suyuti and Ibn Nuceym's al-Ashbah wa al-Nazir, 2019, Bayburt University.

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