The concept of fiqh conflict that arose in the early ages of Islam has sustained its existence and ntensity till the present time. This phenomenon, which showed itself among the Companions (sahaba) during the Prophet’s era, continued in the time of the successors (tabi’un) and later periods, and reached the peak with the emergence of sects. Following this process, it is observed that some leading names emerged in specific centers in the field of law. Although the fiqh conflict is essentially among the doctrines of different sects, it also occurred within each sect after their formation. The juridical methods performed by each school based on the differences in geography or scientific competency formed the basis for the conflict. Conflict is used as an opposite concept of consensus (ijma) and alliance (ittifaq) in the science of fiqh, and it means that the ulama, which had an alliance in the basic principles of the Qur’an and the Sunnah, had various opinions for the subjects related to worships (ta’abbud) and open to judicial opinion (ijtihad) due to various factors. It can be asserted that the process of the science of fiqh was a consequence of these various personal opinions; in other words, the person-centered schooling process. While the conflict had primarily occurred on different jurisprudence/law concepts before the sects were created, it arose within the same jurisprudence/law schools after the formation process of the sects. This phenomenon, which can be called as intra-sectarian conflict, was related to the employment of different methods in the inferences (takhrij) of the sectarian followers made from the methods of their sect leaders (imam). In other words, after gathering the views of the interpreter sect leaders (mujtahid imams), every member of the sect became busy memorizing the opinions and words of their imam. This lead to a scientific accumulation in each sect, and sectarian followers conducted an activity within the structure of this accumulation. Although there was ordinarily an alliance in this field of activity, there were various judicial opinions on some subjects. It is an implication of this situation that works associated with the intra-sectarian conflict were composed in each sect.
In the Maliki sect, intra-sectarian conflicts emerged with the establishment of the sects, but in the period of development and stability, the conflicts showed itself with different features and various effects. While some of the students of Imam Malik (d. 179/795), who grew up in his circle had attended his classes for many years, some of them could profit from his knowledge only for a short time. Scientific knowledge and mentality of the people who attended the classes were different from each other. Therefore, they returned to their countries with various methods of understanding, and consequently, different Maliki trends with various deduction methods appeared in different geographies. The first core of this conflict in the Maliki sect began to show itself as the intra-sectarian schooling. In the mentioned sect, the work, chronologically given, titled Ihtilafu ashabi Mâlik ve akvalih by Yahya b.Ishaq al-Leysi (d. 234/849) showed that the intra-sectarian conflict began as early as the third century according to the Hijri calendar. The work, titled Ihtilafu Ibn al-Qasim ve Ashhab by Yahya b. ‘Omar al- Kinani (d. 289/902), as understood from its title, includes the differences of views between Ibn al-Qasim, the most prominent name of the Egyptian school, who was one of the Egyptian students of Malik and was at the forefront with distinctive views in the sect, and Ashhab, one of the representatives of the same school. Another compilation is the work titled et-Tavassut beyne Malik ve Ibn Qāsim by al-Jubair at-Tartushi (d. 378/994). The writing of the mentioned intra-sectarian conflicts continued until the Muteahhirin period.
Having emerged in the Maliki sect especially during the formation period, these conflicts were related to such factors as the personality of Imam Malik, his teaching method, and the abundance of his students. In the development period, the problem of defining the popular views in the sect arose, and every school regarded some views as more famous compared to others. This situation, which became more and more systematic, brought into the question on the choice of one of these popular opinions together with the period of stability. It led to the need for establishing preference rules in this period.
In the article, after briefly giving the conceptual framework of the concept of conflict, we seek to reveal the historical background of the “intra-sect conflict” phenomenon in particular to the Maliki sect.
İslâm’ın ilk devirlerinden itibaren ortaya çıkan fıkhî ihtilâf kavramı günümüzde de varlığını ve canlılığını devam ettirmektedir. Özellikle güncel meseleler bağlamında ihtilâf, zâhiren ayrılıkları ifade etmiş olsa da rahmet ve kolaylığın kaynağı olarak da işlev görmüştür. Hz. Peygamber döneminde sahabe arasında kendini gösteren ihtilaf sonraki dönemlerde de varlığını sürdürmüş mezheplerin ortaya çıkmasıyla birlikte zirve noktaya ulaşmıştır. Zira farklı mezhep ve ekollerin temel dinamiği bir mesele hakkındaki ihtilaflı görüşlerdir. İhtilâf mezheplerin teşekkül sürecinden sonra her mezhebin kendi içinde de vuku bulmuştur. Mezhep içi ihtilâf olarak isimlendireceğimiz bu durum esasen mezhep içinde ortaya çıkan farklı ekollerle ilişkilidir. Her ekolün coğrafî ya da ilmî yeterlilik farklılıklarına bağlı olarak oluşturduğu fıkhî metodlar söz konusu bu ihtilâfın zeminini teşkil etmektedir. Tek bir mezhep içinde birden fazla eğilimin olduğu en tipik mezheb olarak Mâlikî Mezhebi zikredilebilir. Biz bu makalede ihtilâf kavramının kavramsal çerçeve ve tarihsel sürecini kısaca verdikten sonra “mezhep içi ihtilâf” olgusunun Mâlikî Mezhebi özelinde nasıl bir tarihî arka plana sahip olduğunu ortaya koymaya çalışacağız
Primary Language | Turkish |
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Subjects | Religious Studies |
Journal Section | Research Article |
Authors | |
Publication Date | March 15, 2020 |
Submission Date | February 15, 2019 |
Published in Issue | Year 2020 Volume: 56 Issue: 1 |
Diyanet İlmi Dergi is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY NC).