General regulations in Muğni'l-Muhtâc of Hatîb eş-Şirbînî

Regulations which are important parts of Islam law appeared as a separate science at the period after jurisprudence scholarship appeared. Precedent and fetwas which increased from first centuries to IV century of the hegira, were tried to be systematized by jurisprudence scholars and within this context jurisprudence scholars tried to bring together issues which are dispersed under specific principal and rules. Regulation scholarship appearing as a result of these efforts, has an important role in which it reflects soul and logic of Islam law. Also, it enables jurisprudence issues to be understood in short time and to be grasped in a system. In this study, in the light of jurisprudence clauses and records in bey' chapter in it, Muğni'l-muhtâc, which is seen among reliable works in sect, of Hatîb eş-Şirbînî who is one of the Shafii scholars in X/XVI century and is very important in sect was tried to be evaluated within the context of regulation scholarship. Study has two chapters. In the first chapter, information was given about the life of Şirbînî, his work named Muğni'l-muhtâc and basic subjects of regulation scholarship. In the second chapter, after information was given about usage of clauses in said work of Şirbînî, information was given about the place and process of clauses which were detected in bey' article, in regulation and descendent works. In the same way, it is tried to detect records, however, records were talked about only within the context of sayings of Şirbînî. In the work which clauses are seen partly, sometimes clauses were handled with full inscription, sometimes with a part of inscription and sometimes clauses were referred indirectly by pointing out the clause. Handling the clauses like that made dispersed issues to be understood and grasped wholly. It is important in terms of showing his grasp and authority on the subject that writer sometimes cited clauses by following prior jurisprudence scholars and sometimes applied some new exercises on regulation field.