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Imam Juwayni's understending of nash

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2022
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Abstract (EN)

It is known that nesh has been a controversial subject since the first centu-ries. The scholars of methodology have evaluated and discussed this issue in de-tail, both mentally and live. In addition, this subject has been mentioned and dis-cussed in the sciences of hadith and tafsir. However, the main branch of science dealing with the subject of abrogation is fiqh. Scholars did not consider a person who is not well-versed in the subject of naskh a faqih. In the works of method, it is mentioned that one of the conditions of being a mujtahid is to know the nâsih and the apostle. It is important to be aware of the nature of the issue of abroga-tion, which is discussed between religions and sects, in terms of shar'i, creed and many other aspects. Because Imam-i Azam Abu Hanife Nu'man b. Thabit (d. 150/767) stated that giving a fatwa or acting with an abrogated ruling is heresy. In this context, scholars have attached importance to this issue, acted sensitively, evaluated it in detail and wrote criticism and answers to their deniers. The most basic thing against all kinds of discussions and claims that may arise or may arise is to know the nature of abrogation and to defend it strongly. Therefore, it is seen that the scholars first focused on the dictionary meaning and then on the shar'i meaning. As a result, the concept of nesh narrowed over time, and then there were conflicts between the sects in understanding its nature. For example, while Shafi'i scholars accept that abrogation is the annulment of the first provision, Hanafi scholars accept that it is a declaration of the duration of the ruling. Thus, one of the first discussed issues of abrogation is the issue of its ref' or declaration. Then, where and under what conditions abrogation can take place is discussed.

Author

Rıdvan Şahin

How to Cite

Rıdvan Şahin (Master Thesis). Imam Juwayni's understending of nash, 2022, Hakkari University.

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