Research Article

Kıyas İşleminde Teâruz ve Tercîh

Volume: 12 Number: 1 June 30, 2021
EN TR

Abstract

The new developments taking place today have caused many new problems for Mus-lims. It is accepted that Islamic law has a structure that can produce solutions to new problems that will arise due to its validity until the qiyamah. The Quran and Sunnah are the two main sources to be consulted for solving new issues. In these two main references, there are ahkam closed to change, such as the principles of belief, as well as ahkam that will help to solve new problems by considering the common 'illahs and causes according to the time and conditions. When the studies on Islamic law are exam-ined, it will be seen that activities related to ‘illah / ta'līl were carried out in every period of Islamic legal history. Since qiyas was generally used in the meanings of "similar situation" and "reason" in fiqh studies conducted in the first period, the theory of ‘illah was accepted in a wider range compared to the later fuqaha. The practice of qiyas, as one of the important dalils and methods of Islamic law ilm, has performed very useful tasks. Since it was used in a simpler and flexible way in the early periods when Islamic law began to emerge, the new issues arising could be resolved easily. The small logical propositions made to link ahkam to each other through a common basic feature found between the two issues did not yet exist at that time. For a number of reasons, in time, in order to prevent arbitrariness and link the ijtihad activities to a systematics, some restrictions were made through some rules and principles in the understanding of qiyas; one of the most common forms of ijtihad. Ta'līl activity is the mental activity related to the goals and purposes of the ahkam contained in the nusus. The emergence of the ta'līl theory stems from the under-standing of being able to find solutions to the ever-developing events through a limited number of nusus and to determine the ahkam of new issues. Especially when the Quran, which is the basic basis for the solution of fiqhi issues, is examined in detail, it will be seen that the 'illahs of some ahkam are clearly explained, but they are also limited. For this reason, the theory of ta'lil has been accepted as one of the cornerstones of Islamic Law thought. Because, with the determination of the malady in the verses, it is possible to try to determine the basis that Shari takes into consideration while making the provisions. There are general and special issues regarding the interests of servants in the provisions that Allah imposes. While the general principles for the benefit of the servants are expressed as makâsidu’s-sharia, the special principles are described as malady and wisdom. In fact, although it is accepted that illness also includes wisdom, it is accepted that wisdom cannot always be considered as malady because it is not an objective, clear and stable feature in all situations. Comparison is the method of obtaining judgment from the evidence, according to others, while sherry is considered as evidence. Compared to the processors who accept the comparison process as a method, the comparison has four items. These; asl, fer, malady and provision. According to the operators who saw the cut as sherry ‘evidence the sake of comparison is just the malady. For this, it is necessary to select the elements that may be a malady. The first processors call the "tahkiku'l-menât", while the second is called "tenkihu'l-menât". The third is called preference in the case of nations' offense. In this study, the principles and reasons of preference of Hanafi and Shafiî jurists in the choices they have made in case of offense between the same provinces and the results of the principles they observe will be tried to be determined. In the study, it was seen that the scholars and jurists, who adopted different methods, made a great effort to identify the illness, which is the pillar of comparison, in order to find solutions to the problems, in order to establish a sound connection between events and facts. As a matter of fact, it has been understood that they developed a number of criticism methods to determine the health of the malady put forward for this purpose, and one of these methods is undoubtedly the "muâraza" method. With this method, the proceduralians explained the points to be considered in the detection of the disease and also determined the criteria to be followed for the preference when the detected maladies occur. For this purpose, Hanafi practitioners such as Serahsî centered illness and built the reasons for their preference around malady in order to eliminate the disorder, while Shafii scholars developed some criteria for the determination and treatment of malady based on their own methodologies. With these criteria, the uslists tried to accurately determine the qualities found in the originals that could be a disease. In this way, the uslists were able to defend the judgments they reached in fiqh as well as basing their own methodology.

Keywords

Islamic Law , Usul/Usool , Qiyas , ’Illah , Taāruz , Tarjīh

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ISNAD
Yıldız, Rifat. “Kıyas İşleminde Teâruz Ve Tercîh”. Mesned İlahiyat Araştırmaları Dergisi 12/1 (June 1, 2021): 9-36. https://doi.org/10.51605/mesned.893097.