An Epistemological Assessment: The Possibility of Combined Zan’s Becoming Certain Knowledge As a Fıqhī Principle
Abstract
The general rules laid down by the early jurists, based on their analysis of the fatwas given by their teachers one by one, encouraged later jurists to produce rules on every subject, and the theory of qıyas began to emerge. Thus, many studies on qıyas/principles began to be conducted in the literature of Islamic law. Most of them were written by discussing and explaining the principles one by one. However, modern studies have made practical examinations of the principles, such as their place in Islamic law or their similarities with codification movements. This study, unlike the others, brings to light a principle that transforms principles into principles under a separate title and aims to raise the issue of reflection on the epistemological basis of fiqh. After a brief introduction to the principle, this study presents the concepts in the principle's content that we named in the title, touches on its field in fiqh, its explanation, and its exception, and explains that all other principles, like it, are revealed by induction. The understanding of manewi mutawâtir, which takes its starting point from the juxtaposition of a sufficient number of āhad ḥadīths to create a certainty regarding the subject matter they have in common, is relevant to our topic. This paves the way for the evaluation of the parts, each of which signifies its meaning falsely, as a whole at the level of certainty. In a similar vein, elements such as rational evidence, ijmā', and logical formalization have been used to elevate provisions that are considered falsifiable to the level of certainty. Especially the last-mentioned elements were frequently cited as solutions after Fakhr al-Dīn al-Rāzi (d. 606/1210) argued that, taken on their own, the evidence without presumption does not express certainty. Unless all the presumptive evidence and rulings are somehow brought together with certainty, the theory of knowledge of the Shari'ah will be based on some possible evidence or probabilities that cannot be ignored. However, it must give certainty to its interlocutor. Islamic law, as a legal system, should give people confidence. As for the process of the formation of principles, it is known that this is an invalid, incomplete method of induction from the point of view of logicians. This is because, in an inductive context, it is not possible to examine all the parts of the universe that are relevant to a major and definitive proposition. Therefore, there are exceptions to the principles. Many reasons, notably the impossibility in question, reveal the weakness of any structure built by the method of incomplete induction. Nevertheless, this weakness has not prevented scientists from accepting as obligatory the ways to make certain doubtful knowledge. After all, it would be beyond human power to reach and investigate every part of the universe that is relevant to the whole. The Shari'ah, on the other hand, does not command man to do things beyond his power. This study, after a brief introduction to the Qaīdah, aims to introduce and evaluate the claim that all the other Qaīdahs, like it, are revealed by istikrā' (induction), that in this process of abstraction, the particulars alone remain speculative, but that they come together to state a definite ruling on the subject that they have in common, and to offer some criticisms and suggestions on the thesis in question. The fact that some supposed information comes together to form a single and definite general rule is both the principle at the core of the rule we are discussing and the principle at the core of all rules. In conclusion, it is suggested that the acceptance of the collection of conjectures and the categorization of their intersections is a necessity despite the weakness of the inductive method, but that we should not refrain from strengthening the epistemological foundations of fiqh by citing this necessity as a reason, and that the doors of deduction should be opened and modern science should be utilized. Thus, we have dealt with the acceptance of the epistemological certainty of unified zan’s, especially within the borders of Turkey, in a single and separate study. In doing so, we have revealed the origins of this principle and its formation processes in terms of logic and philosophy. In the end, we have found that this principle serves as the basis for important understandings in jurisprudence, including those of fiqh. As you read this study, you should keep in mind that this certainty is a principle, but at the same time, what makes principles a principle is the logic of turning conjectures into certain knowledge.
Keywords
Epistemolojik Bir Değerlendirme: Fıkhî Kâide Olarak Birleşik Zanların Katî Bilgiye Dönüşme İmkânı
Abstract
Hicrî üçüncü asır sonrası fakîhlerinin, hocalarının verdikleri fetvaları tek tek inceleyip yöntemlerine dair ortaya koydukları genel kurallar, sonra gelenleri her konu hakkında kural üretmeye teşvik etmiş ve zamanla kâide teorisi oluşmaya başlamıştır. Klasik eserlerin birçoğu, ilkelerin tek tek tartışılıp açıklanması suretiyle yazılmıştır. Ancak modern araştırmalar, ilkelerin İslâm hukukundaki yeri veya kanunlaştırma hareketlerine benzerliği üzerinde pratik incelemeler yapmıştır. Bu çalışmanın konusu ise diğerlerinden farklı olarak ilkeleri ilkelere dönüştüren veya o hale getiren bir prensibi müstakil bir başlıkla ele almaktadır. Bu konuyu yakalamak için, yapılan soyutlama sürecinde cüzî tikellerin tek başlarına zannî kaldığı fakat yan yana gelerek ortak özellikleri olan konuda katî bir hüküm belirtme iddiası tanıtılıp değerlendirilmiş ve söz konusu teze dair birtakım eleştirilerle beraber öneriler sunulmuştur. Söz konusu iddia ve değerlendirmelerin hem ele aldığımız kâidenin kendisi hem de bütün kâidelerin özündeki mantık hakkında olduğu unutulmamalıdır. Böylece fıkhın epistemolojik temelleri üzerinde düşünmeyi gündeme getirmek amaçlanmaktadır.
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