The legal maxims (Qawaid) related to the means of evidence in the introduction (Muqaddima) of majalla

From the emerging as a science to today, Islamic law transmitted its main topic as usul and furu by the time İslamic law has divided into sub-branches like sharh, hashiyah, mukhtashar, fatwa, ashbah va'n-nazair and qawaid each having different topics, metods and goals. With IV. century of hijra one of the sub-branch qawaid literature started to systematize and whereafter many compilations emerged during the XIII. century of hijra. By the end of the XIII. century legal maxims of fıqh (qawaid fiqhiyya) named Majalla al-Ahkam al-Adliyyah was legalized to implement in Ottoman courts. Majalla systematically compiled the legal maxims of fiqh (qawaid fiqhiyya) and directed new studies on the legal maxims of fiqh (qawaid fiqhiyya). The legal maxims (qawaid) which are in the introduction (Muqaddima) of Majalla, related to the means of evidence, will be examined in this dissertation and also how Majalla as a legal maxims (qawaid) text examined this topic. In this context, we will initially provide conceptual framework of the science of the legal maxims of fiqh (qawaid fiqhiyya) in the introduction (Muqaddima) of the study. Additionally, then since Majalla has a relation with our study and has a huge important for our study, we will shortly provide its historical development and features. Hereafter, the means of evidence were summarized to help a better understanding. Since bayyina, iqrar and oath evidence passes verbally by itself in the legal maxims (qawaid) which are detected in related to the means of evidence in the introduction (Muqaddima) of Majalla, this study will emphasize on aforemention three evidences. Since it is generally tackled in Islamic law and particular in Majalla first part of the research which consists two parts is devoted to bayyina evidences that is one of the means of evidence. The views about content of evidence of bayyina and how proof of bayyina were discussed in Majalla's legal maxims (qawaid) will be given and then subject of contradiction and preference between bayyinas will be tried to explain. Other part which is evidence of iqrar and oath explained in, what is explained in Majalla about these two evidences will be examined and first of all, content, conditions, effect, binding and invalidity of iqrar will be explain and after that definition of oath, its conditions, form, the party whom the oath is offered and nuqul from the oath were touched. In this study we tried to explain Majalla's legal maxims (qawaid) like evidence of bayyina, iqrar and oath, even though we mostly utilized Majalla and its annotation and since we sometimes utilized sects viewes, we apply to works of classic furu el-fiqh. At the same time to be able to explain both general information about legal maxims of fiqh (qawaid fiqhiyya) and in order to explain some details of afforesaid legal maxims (qawaid), books written on legal maxims of fiqh (qawaid fiqhiyya) are used.