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Cem' and te'lîf in the methodology of Islamic law

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2019
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Abstract (EN)

The meaning and relationship between texts is very important because texts are the main sources in Islamic law methodology. For the provisions of the Qur'an and Sunnah to be understood well and to be able to benefit from its interlocutors, the provisions of the Qur'an, Sunnah and Sharia evidences must be well understood. The methods of tearuz and tercih among evidences contributed to the doctrinal development of Islamic law. The main purpose of the methods of tearuz and tercih is to understand and interpret the provisions of Sharia evidences correctly. There are methods such as cem' and te'lif, nesih, tercih and teâkut to eliminate the contradiction that occurs between the evidences. Each concept is essentially a research topic and in our study, the concept of cem 'and te'lîf will be emphasized. The ranking of mujtahid's sectarian view and the meaning attributed to the evidence is effective in the ranking of these methods which are used to eliminate the rhetoric and to apply the proceedings. Some scholars take the nesih method before ranking; some scholars put forward the method of cem 'and te'lîf. The causes and consequences of this situation are evaluated in our study. The ranking of these methods used to implement the tearuz and tercih methods is influenced by the sectarian view of the mujtahid and the meaning attributed to the evidence. Some scholars take the nesih method before ranking; some scholars put forward the method of cem 'and te'lîf. The causes and consequences of this situation are evaluated in our study. Our thesis consists of three chapters with the exception of introduction and conclusion; In the first part, the thesis ends with the insults in Islamic legal methodology, in the second part with the concept of tearuz and in the third part with emphasis on cem 'and telif. Keywords: Islamic law, Methodology, Cem' and te'lif, tearuz.

Author

Mustafa Asa

How to Cite

Mustafa Asa (Master Thesis). Cem' and te'lîf in the methodology of Islamic law, 2019, Bursa Uludağ Üni̇versi̇ty.

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