Taqdiri durum in Kasani's understanding of fiqh

In this thesis which covered taqdiri durum, the historical progress, appearance in the nass, relations with procedural methods, nature, and types of implementations of taqdiri durum as well as the reasons for these implementations were the primary topics that were examined. The general approach of the Hanafi fiqh school on the issue was tried to be determined primarily based on Bedai'u's-sanai written by Kasani. Nevertheless, when determining the nature and scope of the phenomenon, other sources were also used. Those sources include not only basic nass (Qur'an & sunnah) but also the primary representative books of Hanafi fiqh school which books range from İmam Muhammed's el-Asl to Mecelle. Although it is frequently seen in Qur'an verses, hadiths, implementations of the companions of the Prophet Mohammad and fuqaha ijtihad, taqdiri durum has not been developed as a theory and has not been progressed as much as other concepts and institutions of fiqh. It can not be said that the theoretical framework about the nature and extent of taqdiri durum was fully formed outside the work of the Hanafi fiqh school. The definition, classification, scope and place in the prosecution of the judiciary of taqdiri durum in the Hanafi fiqh school based on Kasani were different from the other fiqh schools in some aspects. In our opinion, some implementations of taqdiri durum postponed the need for studying taqdiri durum as an independent concept. Those implementations include treating taqdiri durum as a type of istihsan, using the main logic behind the phenomenon for various fiqh rules, and using the phenomenon in different situations which include provenance-substitutional, whole-part, and cause-effect situations. Taqdiri durum is method of ijtihad frequently used by Hanafis when implementing the provision of shariyyah. This method can be defined as "resolving the uncertainities related to elements of a provision of shariyyah and evaluating the real situation concerning the provision in a different way from its existing condition due to legitimate reasons." According to this definition, taqdiri durum is composed of two parts: one for the state of existence and one for positioning. Appreciations/Taqdeers that concern the state of existence address the removal of the uncertainity of the elements involved in the execution of the judgment. Taqdeer practices that concern positioning something are made up of variations of taqdiring an exisingthing as if it did not exist or taqdiring something as if it were another thing, and taqdiring a nonexisting thing as if it existed. Nass, disability, difficulty, necessity, surrender, caution, accuracy of information, facilitation, legal stability, systematic integrity, and establishing and protecting the public order are the basic justifications for the implementation taqdiri durum. The frequent implementation of istihsan is one of the characteristics of Hanafi fiqh school. Frequent implementation of positioning practices seems to be a characteristic feature especially of classic period Hanafis. In our opinion, faster and more practical solutions to today's issues can be offered by taking into consideration the implementations of taqdiri durum.