CONSIDERATION OF SHAR’IYYAH (LEGITIMACY) AS A CRITERION IN THE DEFINITION OF SUNNITE AND MU’TAZILITE USUL AL-FIQH AND AN EXEMPLIFICATION ON THE QUESTION OF SHAR’IYYAH OF IBAHA (PERMISSION) SPHERE

Yıl 2005, Cilt: 5 Sayı: 3, 195 - 212, 31.12.2005

Talip Türcan

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Usul al-fiqh as a unity of source and method rules is characterized by the jurist’s
(mujtahid) personal preference. Usul al-fiqh, the highest-level Islamic science, was constituted
by the common contribution of Sunnite and Mu’tazilite jurists. Therefore, the attribution
of usul al-fiqh to Ahl al-Sunnah or al-Mu’tazilah is not true except being based
on the distinctive qualities belonging to each school. The consideration of shar’iyyah is a
distinctive quality or essential feature for both Ahl al-Sunnah and al-Mu’tazilah.
In this article, it has been examined the concept of shar’iyyah as a criterion in the
distinction between the Sunnite and Mu’tazilite usul al-fiqh.

SÜNNÎ VE MU’TEZİLÎ FIKIH USÛLÜNÜN TANIMLANMASINDA BİR KRİTER OLARAK ŞER’ÎLİK ALGISI VE İBÂHA ALANININ ŞER’ÎLİĞİ SORUNU BAĞLAMINDA BİR ÖRNEKLEME

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