The conformity of Ibn Rushd's choices in 'Bidāyat al-Mujtahid wa nihāyat al-Muqtaṣid' to the Maliki school of thought (Specifically in the sections on cleaning, fasting and zakat)
2024
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Advisor: Dr. Öğr. Üyesi Adnan Akalın
Abstract (EN)
Islamic law is a social discipline that regulates relations between people. After Islamic law became an independent science, jurists used various methods to meet people's social needs. These methods have led to the formation of new sects and schools. With the formation of sects and schools, works began to be written to address the disagreements of jurists and their reasons. Ibn Rushd's work named Bidāyat al-Mujtahid wa Nihāyat al-Muqtaṣid is a work written in the field of comparative Islamic law that systematically reveals the disagreements of jurists, the reasons for these disagreements and their methods of making judgments. The reason for choosing this topic is, first of all, to determine that whether Ibn Rushd did not engage in sectarian jurisprudence; Secondly, it is to reveal how often Ibn Rushd's own views are included in Bidāyat al-Mujtahid by determining whether Ibn Rushd had different ijtihad from the four sect imams who are considered authorities in the sense of ijtihad. In this study, first of all, Ibn Rushd's preferences in the purification, zakat and fasting sections of his work Bidāyat al-Mujtahid were determined and the view or views of the Maliki sect on the subject have been brought together. Then, the evidence on which Ibn Rushd based his choice was tried to be determined. Ibn Rushd made choices in thirty-six places in total. Fifteen of these preferences can be considered within the sect, and twenty-one can be considered as non-sectarian. In fourteen of these choices, he preferred the views of the other three Sunni sect. In four of his non-sectarian preferences, he went beyond the views of all four sects and adopted the views of Hasan-I Basrî, Ibn Mubarak, Abu Thawr and Dawud az-Zahiri. Additionally, he put forward his own unique views in three of the non-sectarian preferences.
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Dr. Hediyetullah Oğuz
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Hediyetullah Oğuz (Master Thesis). The conformity of Ibn Rushd's choices in 'Bidāyat al-Mujtahid wa nihāyat al-Muqtaṣid' to the Maliki school of thought (Specifically in the sections on cleaning, fasting and zakat), 2024, Gaziantep Islam Science and Technology University.
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