Averroes' use of report from individual as evidence in his work Bidayat al Mujtahid: The family Law example
2019
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Danışman: Prof. Dr. Nasi Aslan
Özet (EN)
Islamic law has to act from the Qur'an and hadiths, which are the fundamental texts of the Islam. There is an consensus that the text of the Qur'an is preserved through the uninterrupted chain of transmission (mutewatir) among the Muslim scholars, but there are some controversies regarding what some verses really about. However, the real conflicts in the methodology of Islamic law have been experienced in the hadith texts that are considered as reports from individuals (haber al-wahid). In principle, it was accepted that, it's not required to have faith / believe in the reports from individuals but it's required to act as accordingly. As a result, all Islamic sects acted accordingly with reports from individuals within the framework of some procedures and rules. Like the other sects, the Maliki sect accepted the reports from individuals as valuable source for the rightful deeds and put forward some conditions for devising it. When Averroes' views on the reports from individuals are considered, it's seen that he accepts that reports from individuals would require deeds in accordance with the general acceptance. However, he also puts some conditions for the acceptance of those kinds of reports. When these conditions are examined, it can be said that they are generally in accordance with the conditions accepted by the Maliki School. Averroes theoretically accepted the reports from individuals and used them as practical evidence in the branches of all the Islamic jurisprudence. When the wedding and divorce sections of his book about Islamic jurisprudence are examined, it can be asserted that the evidences of the sects are analyzed systemically and Averroes mentioned similarities between sects during his analysis.
Yazar
Begüm Havva Kayapınar
Bu Yayına Nasıl Atıf Yapılır
Begüm Havva Kayapınar (Master Thesis). Averroes' use of report from individual as evidence in his work Bidayat al Mujtahid: The family Law example, 2019, Çukurova University.
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