Master'sOpen Access

The dissenting opinions of Imam Muhammed against the Ebu Hanife in Islamic law in the examle of 'El Hidaye'

2019
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Advisor: Yrd. Doç. Dr. Muhammet Abdülmecit Karaaslan

Abstract (EN)

al-Hidaya is a workwritten as an annotation of Merginânî'swork "Bidaye Al-Mubtedi". Inthisstudy, theviews of İmâmMuhammad on hygiene, worshipandmarriage, on which he standsaloneagainstİmâm Abu Hanifaandİmâm Abu Yûsuf, wereexamined. İmâmMuhammadacknowledgedthatthemujtahidmight be mistaken in his jurisprudencewhilemaking a decision on a matter, andsaidthattheprovisioncould be changedwhencomparedto a differentevidence. Since he knowsthat not alltheproblemsaresolvedwiththeverses, he impliedsolutionstakingintoaccounttheprinciples of reason as well as therules of verses. Thefreediscussionenvironmentprovidedby Abu Hanifato his studentscausedthemto say theiropinionsmorecomfortablyandthustheywereabletoreachthelevel of ijtihad (interpretation of verses). Andtheiropinions on someissueshavebeen put intopractice as fatwajudgmentsover time. One of theaims of thisstudy is tocomparefatwaandnon-fatwajudgementswithothersectsandtoopenthedoortotheoption in whichsectariancase-laws, whichcoincidewiththepublic, exceptforİmâmA'zâm's, mayalso be preferredwhenneeded.

Author

Dr. Ayşe Öztürk

How to Cite

Ayşe Öztürk (Master Thesis). The dissenting opinions of Imam Muhammed against the Ebu Hanife in Islamic law in the examle of 'El Hidaye', 2019, Bartın University.

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