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Reflection of source conflict in Islamic legal procedure on subordinate issues

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2025
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Abstract (EN)

Today, for those who have turned to Islamic sciences, the science of fiqh is a difficult and complicated branch of science. Although there are many reasons for this difficulty, one of the most basic reasons is the vastness of the volume of works related to furu fiqh and the difficulty and difficulty in understanding the methodology of the jurists. In order to find a solution to this problem, it is considered a necessity to conduct some simple, comprehensive studies that will enable us to evaluate the effect of usul on furu through practical examples. Our main aim in this study, which we have worked on with the aim of finding a solution to this problem, is to reveal some of the methodological differences that cause the jurists to disagree in terms of evidence and sources, to determine the effects of these differences on fiqh disagreements, and to help the jurists understand their perspective by making some analyses and inferences by bringing similar fiqh disagreements one under the other. Because one of the most important elements in gaining this perspective is understanding the methodology, how this methodology affects fiqh disagreements, and the jurist's mastery of similar fiqh disagreements. Through this research, the approaches of the schools to evidence and sources will be understood, the effects of these differences in approach on disagreements will be presented with examples, and the viewpoints of the jurists will be partially understood by bringing together controversial issues based on similar reasons. In this context, first of all, the methodology of the four schools of thought has been touched upon in general terms, in terms of evidence and sources. The perspective of the usulis of each school of thought on the sources of sharia has been revealed. Then, the reflections of the methodology of the schools of thought on the furû fiqh have been examined through examples, sometimes comparatively and sometimes incomparably, and brief analyses have been made on the extent to which the usul has affected the furû. Key Words: Fiqh, Methodology, Conflict, Four Sects

Author

Ercan Kuşak

How to Cite

Ercan Kuşak (Master Thesis). Reflection of source conflict in Islamic legal procedure on subordinate issues, 2025, Selçuk University.

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