In the works related to maqâsidu's-shariya in
the classical fiqh literature, it has been generally accepted that the
provisions of God have purposes interested in the life of world and hereafter
for the human beings. These maqasid, in terms of importance, are composed of
parts of dharûriyyât, hâciyyât and tahsiniyyât. Despite the belief in the fact
that the provisions for dharûriyyât intended to protect religion, nafs,
generation, mind and property, these maqâsids are not clearly organized within
themselves. Many of the practitioners who wrote book related to the subject did
not mention which one would be preferred if there were discrepancies between
the compulsory provisions. The practitioners such as Gazali, Âmidî, Şâtıbî, Ibn
Humâm discussed the subject and stated that the purpose of religion should be
presented to other purposes. Again, these scholars have mentioned a group that
said that the secular provisions should be preferred to the provisions
interseted in hereafer and they also cited their reasons. Finally, it is
possible to say that when examining the works and examples related to the
subject, the provisions aiming to protect the religion should be preferred to
the other provisions and worldly judgments must be in accordance with the
ordering, nafs, generation, mind and property.
Primary Language | Turkish |
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Journal Section | Articles |
Authors | |
Publication Date | December 30, 2018 |
Published in Issue | Year 2018 Volume: 17 Issue: 34 |