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Sheikhulislam Ebussuûd Efendi's work named "Risel fi'l-mesh 'ale'l-huffeyn" and its evaluation in the context of mash tracets in Islamic law literature

2023
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Advisor: Prof. Dr. Ahmet İnanır

Abstract (EN)

In this study, the issue of wiping on socks worn over cloth socks during ablution is discussed. Wiping on this type of mests became a popular method after the Ottoman jurists issued a fatwa stating that it was permissible in the 14th century. However, discussions started after Shaykh al-Islam Çivizâde Muhyiddin Mehmed Efendi issued a fatwa stating that this practice, which was commonplace in the mid-16th century, was not permissible on the grounds that there was no transfer in the sect. Because, when the procedure performed on the feet, which is the obligatory part of ablution, is invalid, both the ablution and the worship performed with this ablution become invalid. For this reason, Suleiman the Magnificent asked the jurists to conduct research in order to clarify the issue. On this occasion, many treatises on mesh were written and Çivizâde's opinion was not accepted. Ebussuûd Efendi is one of the prominent scholars among the Ottoman sheikh-ul-islams. In this period, when the issue of wiping over socks worn over cloth socks was widely discussed, Ebussuûd Efendi wrote a fatwa stating that such wiping was not permissible and was a refutation to Çivizâde, who wrote a treatise, Risâle fi'l-mesh 'ale'l-huffeyn, which we chose as the subject. He wrote his work called. Since there has not been a comprehensive study on this work of Ebussuûd Efendi, an attempt has been made to evaluate this work. The controversial issues in the work and Ebussuûd Efendi's views were identified. Accordingly, it has been concluded that the current customary practice is legitimate. Ebussuûd Efendi's references to classical fiqh sources indicate that he knew them in detail, that he made an effort to understand and put them into practice in accordance with the conditions through methods such as induction and tahrij, and that he struggled to preserve the legal tradition that was open to development against those who suggested blind adherence to the wording.

Author

Dr. Nuran Arslan

How to Cite

Nuran Arslan (Master Thesis). Sheikhulislam Ebussuûd Efendi's work named "Risel fi'l-mesh 'ale'l-huffeyn" and its evaluation in the context of mash tracets in Islamic law literature, 2023, Tokat Gaziosmanpaşa Üniversity.

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