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عنوان البحث: النظرة المقاصدية للسادة المالكية في المصالح المرسلة: المدرسة الأندلسية نموذجا

2022
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Advisor: Dr. Öğr. Üyesi Hamdi Çilingir

Abstract (EN)

Malikis' prominence in adopting Maslahah Mursalah has become well-known in the realm of Fiqh studies. In addition, they came to the fore with a purposive point of view in observing the aims of the legislator with their interest in the aims and objectives. As a result, in this study, the researcher used the Andalusian school as a model and analyzed the Maslahah Mursalah in Malikis from an intentionalistic perspective. The importance of this study and its fundamentalist fruit in contemporary academic research can be seen in the legal provisions derived from this unique purposive approach, by explaining and combining the purposive thinking of Malikis and their broad attitudes towards taking Maslahah Mursalah, and the relationship between them and its effect on fiqh. The researcher based the aims of Shariah by expressing its theoretical importance in legislation, the fact that Malikis came to the fore on this issue and that they observed this in their jurisprudence. Later, by stating its importance in the jurisprudence, the researcher accepted the Maslalih Mursalah as the main one, focused on the Maliki sect and the Andalusian sect, discussed the "working model" in its practices, and dissected the approaches of the Maliki imams on the subject of masalih and mefasid in the rai jurisprudence. Therefore, the purpose of this study is to show the importance of the Malikis' purposive view of maslahah and the appropriateness of relying on it in jurisprudence in all ages. In the last part of the research, the researcher concentrated on the applied and analytical aspects, integrated old and new models and revealed the suitability, originality and difference of the Maliki method.

Author

Dr. Abakar Alı Ibrahım

How to Cite

Abakar Alı Ibrahım (Master Thesis). عنوان البحث: النظرة المقاصدية للسادة المالكية في المصالح المرسلة: المدرسة الأندلسية نموذجا, 2022, Sakarya University.

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