Hile-i Şer'iyya as the practice of formalism in Islamic law

Since people are social assets due to their creation, they have certain needs, rights and responsibilities.Interacting with other individuals and communities in this flow paves the way for possible conflicts and incompatibilities. For this reason, it is essential that the communities formed by the people are regulated by the norms of the law set by the people. In the first part of this study; The subject of formalism, which forms the basis of the order function of law, the effects of the concept on legal norms, and examples from the areas where formalism is applied in the Turkish Legal Doctrine were given. In the second part of the study; The subject of hile-i şer'iyya which means finding a way out of the limits set by the Islamic Law norms by means of methods in accordance with the Islamic Law norms, was discussed. Referring to the views of Islamic Law scholars on the subject and the provisions and proofs of sectarian imams, examples of hile-i şer'iyya discussed in the Islamic Law Doctrine, were included. In the third and final section; the place of the implementation of formalism in Islamic Law and the manifestations of this practice in the context of hile-i şeriyya were evaluated.