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Genealogy and lineage in Islamic law within the framework of Hanafi and Shafi'i schools of law

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2023
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Abstract (EN)

The thesis named "Genealogy and Lineage in Islamic Law within the Framework of Hanafi and Shafi'i Schools of Law" is a study that aims to evaluate the law of lineage as it takes place in classical fiqh literature. However, the subject has not been discussed including all fiqh sects, and has been limited to Hanafi and Shafi'i sects. In addition, in the study, an evaluation and preference was made by projecting the perspectives of Turkish positive law and medical science on the relevant subject as much as possible, and an interdisciplinary comparative method was followed in this context. The study consists of introduction, three main sections and conclusion. In the first part, the nature of the lineage is emphasized, and the ways of determining and rejecting the lineage are given. The second part is about the religious and legal consequences of lineage. In this section, the subjects in which the effect of lineage is observed in both Islamic law and Turkish positive law are examined. The third chapter is allocated to prominent problems related to lineage. In this section, primarily, the modern medical techniques used to determine the lineage were discussed, then the modern reproductive techniques were mentioned and the lineage of the children born with these techniques was tried to be determined. In the end, the study was completed by stating the conclusions reached and proposals.

Author

Esra Özer

How to Cite

Esra Özer (Doctorate thesis). Genealogy and lineage in Islamic law within the framework of Hanafi and Shafi'i schools of law, 2023, Necmettin Erbakan University.

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