AHKÂM-I HAMSENİN KÖKENİ VE İLK DÖNEM FIKIH USûLÜ LİTERATÜRÜNDE GELİŞİMİ ÜZERİNE

Year 2008, Volume: 1 Issue: 5, 106 - 123, 30.03.2008

Adnan Koşum

Abstract

josepht Schacht, a well-known orientalist claims in his studies that alt
hough Islamic law generally is based on Islam, it sometimes contains non
Islamic materials. It this direction, one of his claims is that al-ahkâm al
khamsah (in other words al-ahkâm al-taklifiyye) in Islamic jurisprudence
is receipted from stoic philosophy. In this study, the progress of al-ahkâm
al-khamsah in early usul al-fıqh literature is studied. A process is obser
ved in the definition and formation of concepts and its classification. In
addition, having considered the difference of method between tradition of
al-mutakallımun and fuqaha, it is observed that al-ahkâm al-khamsah has
the originality. On the other hand, it is hard to find out the similarity of al
ahkâm al-khamsah and its prototypes in the works of general and special
stoic philosophy and this also confirmed this conviction.

Keywords

al-ahkâm al-khamsah, al-mutakallımun, fuqaha, stoa

THE ORIGIN OF AL-AHKÂM AL-KHAMSAH AND ITS DEVELOPMENT IN EARLY USUL AL-FIQH LITERATURE

Abstract

josepht Schacht, a well-known orientalist claims in his studies that alt
hough Islamic law generally is based on Islam, it sometimes contains non
Islamic materials. It this direction, one of his claims is that al-ahkâm al
khamsah (in other words al-ahkâm al-taklifiyye) in Islamic jurisprudence
is receipted from stoic philosophy. In this study, the progress of al-ahkâm
al-khamsah in early usul al-fıqh literature is studied. A process is obser
ved in the definition and formation of concepts and its classification. In
addition, having considered the difference of method between tradition of
al-mutakallımun and fuqaha, it is observed that al-ahkâm al-khamsah has
the originality. On the other hand, it is hard to find out the similarity of al
ahkâm al-khamsah and its prototypes in the works of general and special
stoic philosophy and this also confirmed this conviction.

References

• Schacht, joseph, An Introduction to Islamic law, London 1966, Oxford University Press.