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Imam İbnu'l-Mundir and his notion of fikh

2020
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Advisor: Dr. Öğr. Üyesi Orhan Canpolat

Abstract (EN)

Abu Bakr Mohammad ibn Ibrahim al-Mundhir en-Naysaburi who is lived between 241/855-318/930 and known by the name of Ibn al-Munzir is a faqih that comes to the fore as the owner of the Khilafiyat in fıkh history. Ibn al-Mundhir, the pioneer of khilaf discipline, is the owner of the first comprehensive sources on ijma, ikhtilafed fiqh issues and comparative fiqh. He adopted to practice with the sharia evidence such as Quran, Hadith, İcma, the words of the Companions of Prophet, Qiyas, İstishab, Nazar and Ekallu ma kil in his fikh precedent and simultaneously followed Ahli Hadith belief. He used the method of muhaddiths to overcome the contradiction between evidence. He used the way of not only attaching with one madhhab but benefitting from all madhhabs. This study aims to introduce imam Ibn al-Munzir better and establish his fikh notion. In this study, the part of " Ibn al-Mundhir's life, scientific personality and his position in Islamic History" dwells on determination and explanation of relevant issues. The part of " Ibn al-Munzir's procedural opinions" mentions his relationship with the fiqh method, the sharia evidence he used, his istinbat method, the method he fallowed for the contradiction of texts, characteristics of his method and his determination and assessments on prominent issues related to these topics. And the part of " Ibn al-Mundhir's fiqh notion" approaches matters such as characteristics of his fiqh, his commitment to his method through the example of Kitabu't Teharet and his opponent opinions to the other mujtahids. This study deduces that Ibn al-Munzir has the unconditional ijtihad capability, he generally acts with Shafi'i understanding in procedure besides some issues and he has a considerable amount of contrary fiqh opinions to the majority. It is detected that he attached importance to the correctness of hadiths and also to the subjects of ijma and ikhtilaf and also, he brings verse's and hadith's apparent and general aspects forward when practicing them. Key Words Ibn al-Mundhir, Madhhab, Fiqh Method, Mujtahid, Fiqh Opinion, Khilaf

Author

Dr. İbrahim Halil Şimşek

How to Cite

İbrahim Halil Şimşek (Doctorate thesis). Imam İbnu'l-Mundir and his notion of fikh, 2020, Dicle University.

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