Sedd ? i Zerai?s being a proof in İslamic Law

Islam, taking heed of human rights profoundly, not only solves problems resultant, but also depending on zeria principle, prohibits those actions which can result in unfavorable consequences. As opposed to this, Islam encourages those actions which can lead to good outcomes.The aim of this work is to disclose the importance of the zerîa principle in Islamic law. Sedd-i Zerâi, meaning ?the shutting of roads to evil? is accepted by school of Islamic law and applied to some dicta. Malikis, and Hanbelis are the first sects to to apply and to put into practice this principle. Hanefis, though, accept sedd-i zerîa as evidence, and apply it in law, which they call `istihsan? . Although the Shafi sect finds the principle weak in proof, in some operations it is seen that they practise the principles of zerîa. Zahiris, however, do not accept this principle in any respect.This thesis consists of two sections. The introduction part deals with some fundamental concepts and the approach of the discussion. Explaining the concept of evidence and original (asli) and secondary (fer?i) evidences, the place of sedd-i zerâi is to be pointed out. In the first section, the concept of Zeria, its varieties, and the evidence that it relies on are treated. The following represents the evidence, which those who apply zerîa count on, that derives from the Kuran, `the Sunna? and `Kıyas?. In the second section, the opinions of different sects, both accepting and not accepting the principle, with examples are stated.In conclusion, in order for Islamic Law to keep its dynamics alive, zerîa is a helpful resource, especially in the circumstances that do not have dogmatic treatments.