The implemention of istiḥsān principle in the issues of al-ibadat and al-uqubat in İmam Serahsi's al- Mebsut

In the thesis titled "The Implementation of İstihsân Principle in the issues of al-ibadat and al-uqubat (punishment) in Imam Serahsi's Al-Mebsut", has been determined and analyzed where and how the istihsân (juristic preference) method is used in worship and punishment affairs in Imam Serahsî's al-Mebsût, which is accepted as one of the leading reference sources of Hanafi fiqh literature. Our study consists of an introduction and three chapters. In the introduction, the subject of the thesis and its limitation, purpose, method, sources and the life of Imam Serahsî are briefly mentioned. In the first chapter, the evidence of istihsân is examined in general and the reasons and legal basis of applying for istihsân are explained. Finally, it is discussed that the istihsân as the source of provision in worship and punishment matters. In the second part, the applied examples of the istihsân principle in al-Mebsût's ibâdât issues are examined one by one and the purpose of applying that principle is emphasized. In the third chapter, the application of the istihsân principle in the subject of uqûbât in al-Mebsût is discussed and evaluated. In the conclusion part, evaluations were made in the light of the information obtained