The theory of judgment in Islamic fiqh

Our study titled "The Theory of Judgment in Islamic Fiqh" consists of the nature of the provision, its formation, the factors affecting its formation, and the concepts directly or indirectly related to the concept of provision in this context, the information value and bindingness of the provision. Since we have centered the concept of provision in the study, we have tried to exclude secondary distant elements or factors related to the provision with the thought that it will push the limits of the thesis. Making a judgment on a religious issue in the name of Allah is a very serious and extremely sensitive issue, both in terms of the formation process of the ruling and its outcome. Because, we have guided the one who asks a question on a religious issue with the judgment we will give, and we have shaped his belief in a way that he is subject to the relevant provision. It is obvious that it is a serious activity and obligation to establish a Shari'a ruling tests and especially to establish it with ijtihad or iftâ. It should not mitigate the judgment process in the form of speaking and developing discourse in the name of a good religion without evidence, without reflection. The knowledge value of the judgment obtained through ijtihad, iftā, is important for both the judge and the addressee. The fact that the shar'i judgment that took place was present, lived, and that his expression was sound and healthy reflects both its value in terms of knowledge and its bindingness. In this context, the purpose of use shows the practical side of the religious life of Muslims to a great extent, and reveals the sound, appropriate, procedural principles and principles in determining the religious-shar'i questions and rules.In our study, the provision and the issues related to the provision are built on the method of analysis and discussion, as well as the descriptive style. In Islamic jurisprudence, Allah is the absolute Shari', Hz. The Prophet, on the other hand, is in the position of 'Shari' in a figurative sense. Mujtahid or Mufti, on the other hand, reveals the judgment that is thought to be present in the sight of Allah. Therefore, these two do not have the title of 'Shari'. However, Allah and Hz. Judgments formed by ijtihad and ifta', other than the decrees given by the Prophet, are based on the presumed victor, but they express certainty for the judge and the subject. Believing in the necessity of committee ijtihad in terms of minimizing the margin of error along with the ruling, while giving importance to the ijtihad results that occur individually or as an assembly in a growing shari'a current issue. It is a fact that the dispositions of the Prophet with the characteristics of ifta and prophecy are binding. However, the issue of whether he made ijtihad and the bindingness of his acts as head of state and judge are debatable. However, a generalist approach towards the savings he made in these last three parts is not correct. Relevant savings may need to be analyzed individually. It is not correct to make the rules of the Qur'an completely universal, and it is not appropriate and appropriate to see it locally. These two approaches evoke exaggeration and understatement. Instead, it should be accepted that most of the rules are universal, and very few of them have local motifs. However, the Qur'an, in terms of its wording and message, is valid until the Day of Judgment. In this context, we do not consider it correct to adapt the understanding of historicism, which has a completely different approach from our ancient method tradition in terms of its method and method, to the Qur'an. The phenomenon of naskh is possible both in mind and in fact. It is not appropriate to associate this phenomenon with the idea of badâ. The issue has to do with the divine and human perspective. From the human point of view, naskh may be changed, but we can say that it is nothing but a statement from the divine point of view. Today, although the shar'i-amal gives importance to the ijtihad judgments that occur individually or in the form of a committee in a current issue, the ijtihad of the committee is important in terms of minimizing the margin of error in the judgment. Keywords: Fiqh, Theory, Method, Ruling, Epistemology, Binding