İslam hukuk tarihinde fıkıh mezheplerinin ortaya çıkışı hicri üçüncü yüzyıla denk gelmektedir. Ancak mezheplerin oluşum süreci ilk kaynağa doğru müteselsil bir bilgi, düşünce ve hoca ağına dayanır. Bu anlamda sahâbe döneminden itibaren farklı bölgelerde kurulan fıkıh okullarının birikimi nesilden nesile aktarıldı. Bu aktarım gelişerek mezheplerin teşekkülüne kadar devam etti. Fıkıh geleneği olarak ifade edilen bu süreçte hoca halkasının önemi büyüktür. Buradan hareketle Hanefî mezhebinin ve doğal olarak kurucusu olan İmam Ebû Hanîfe’nin yetiştiği ve bağlı olduğu fıkıh mektebi, sonradan ehl-i re’y olarak temayüz eden Kûfe merkezli Irak fıkhıdır. Kaynaklar bu geleneğin hocalar silsilesini Abdullah b. Mes‘ûd, Alkame b. Kays, İbrahim en-Nehaî, Hammâd b. Ebî Süleyman ve Ebû Hanîfe şeklinde kaydeder. Halkada adı geçen şahısların her biri Hanefî mezhebinin oluşumunda farklı bir role sahiptir. İşte bu çalışma Alkame b. Kays’ın Kûfe fıkıh mektebinin oluşturduğu re’yci düşünce neticesinde tarih sahnesinde yer alan ve günümüze kadar etkisini sürdürmeyi başaran Hanefî mezhebinin oluşumundaki rolünü/etkisini ortaya koyma hedefiyle kaleme alınmıştır. Bu çerçevede gerek fıkıh usulü gerekse de fıkha dair ona ait görüşlerin Hanefî mezhebine ne ölçüde kaynaklık ettiğinin tespiti üzerinde durulacaktır. Ayrıca onun yetiştirdiği seçkin talebeleri aracılığıyla Hanefî fıkhına ne ölçüde katkıda bulunduğunun izleri sürülecektir. Bu amaçla çalışma, iki temel başlıktan oluşacaktır. Birinci başlıkta kısaca Alkame b. Kays’ın hayatı ve ilmî kişiliği üzerinde durulacaktır. İkinci başlık altında ise Alkame’nin fıkhî görüşleri ve bu görüşlerin Hanefî mezhebinde ne ölçüde yer bulduğu gibi konular ele alınacaktır.
One of the most important elements in the history of fiqh is the law schools. As a matter of fact, tens of sects of fiqh have emerged due to regional, methodical and educational differences in the historical process. Within this framework, the first school to complete its formation in terms of chronological order is the Ḥanafī school. For this reason, Ḥanafī school has an important place in studies on the history of fiqh. Like every denomination, Ḥanafī doctrine refers to a systematic structure of thought formed based on the accumulation before it. Research on the history of Islamic jurisprudence reveals that Ḥanafī Fiqh thought has a well-established history dating back to the founding of the city of Kufa. As a matter of fact, the Hanafi school is the expression of Iraqi fiqh thought represented by Imām al-A’żam Abū Ḥanīfah (d. 150/767) and his disciples, which had began in the first century of the Hijrah in the region of Iraq centered on Kufa and became increasingly widespread. After gaining an intellectual and principled structure, the Iraq/Kufa school/ecole of fiqh, which is the tradition of fiqh brought up by Abū Ḥanīfah, the founding imam of the Ḥanafī legal school, began to be called ahl al-ra'y and took its place in the Islamic legal history scene with this name. In spite of the contribution of ‘Omar and ‘Alī (may Allah be pleased with them), the sources recorded that the founding leader of this tradition is ‘Abdullāh b. Mas'ūd (d. 32/652-53) from amongst the companions. According to this general acceptance, in the formation of the Ḥanafī communion, there are many constituent names that lived in the period between ‘Abdullāh b. Mas'ūd and Abū Ḥanīfah. At the beginning of this chain comes ’Alqamah b. Qays (d. 62/682). Because ’Alqamah b. Qays is one of the two leading disciples of ‘Abdullāh b. Mas'ūd, the head of this lineage. Also, he is teacher and uncle of Ibrāhīm al-Naḥa’ī (d. 96/714) that is important ring of the chain. Given that Ibrāhīm al-Naḥa’ī is the teacher of Ḥammād b. Abū Suleimān (d. 120/738), whose classes attended Abū Ḥanīfah for eighteen years and studied fiqh, the contribution of ’Alqamah b. Qays and his role in the formation process of the Ḥanafī school comes into view as an undeniable reality. In this case, the question of importance of ‘Alqamah-based fiqh in the system of Ḥanafī legal school is supposed to be substantial.
’Alqamah b. Qays, one of the leading figures of the scholars of the period of Tābiīn, has seen lots of companions besides ‘Abdullāh b. Mas'ūd and narrated hadith from them. It’s been reported in resources, that he narrated hadith from great companions such as ‘Omar (d. 23/644), ‘Uthmān (d. 35/656), ‘Alī (d. 40/661), ‘Āishah (d. 58/678), Salmān al-Fārisī (d. 36/656), Abū al-Dardā’ (d. 32/652), Ḥuthayfah b. al-Yamān (d. 36/656), Ḥabbāb b. al-Arat (d. 37/657-58), ‘Ammār b. al-Yāsir (d. 37/657) and Abū Mūsā al-Ash'ārī (d. 42/662-63). In addition, ’Alqamah, who has raised many disciples in fields such as fiqh, tafseer, hadith and khiraat, is an important link in the chain of scholars starting with Abū Ḥanīfah and ending up with the companions. Despite the fact that many of the companions of the Prophet (pbuh) were alive at that time, the suitors of knowledge sought the lessons of ’Alqamah, and even many of the companions appealed to him and asked him for fatwa. ’Alqamah b. Qays, who had an important position in the formation of the Kufa School of espacially fiqh and tafsir, according to a common belief had passed away in Kufa city in 62 A.H. (682 c.e.).
This work was written with the aim of revealing the role of ’Alqamah b. Qays in the formation of the Ḥanafī legal tradition, which has managed to maintain its influence in the Islamic legal history until today as a result of the ra’y thought formed by Kufan Fiqh school. In this context, it was emphasized to determine his views on fiqh and fiqh methodology as the source of the Ḥanafī school. Furthermore, his contribution to Ḥanafī jurisprudence have been traced through his distinguished students. For this purpose, the work consists of two main titles. In the first title, ’Alqamah b. Qays' life and scholarly personality have been focused on, and sources have been pointed out for details. Under the second heading, subjects such as the juristic views of ’Alqamah and the extent to which these views have found a place in the Ḥanafī law have been discussed. As a result, ’Alqamah b. Qays was found to have played an active role in the formation of the Ḥanafī school. In this sense, his greatest contribution in the formation of the Ḥanafī law school is the transmitting of the juristic aggregation of the Ṣaḥābah generation, especially his teacher ‘Abdullāh b. Mas'ūd, to the Ḥanafī legal system. Because it is determined, that the personal practices and judiciary approaches of ’Alqamah, especially the narrations coming from him, have great importance in Ḥanafī school. Therefore, it might be stated that ’Alqamah served as a bridge in establishing the connection of the Ḥanafī school with the Ṣaḥābah generation. This means that he has performed an important role in the diversity of the Ṣaḥābah views, which is the main source of the Ḥanafī legal system. On the other hand, in the literature of the first period of the Ḥanafī school, it is seen that both the narrations and the personal opinions of ’Alqamah are given a lot of importance. ’Alqamah is one of the most essential references in Abū Yūsuf's al-Āṣār, Imam Muḥammad's Kitāb al- Āṣār and Ṭaḥāwī's Sharḥ Ma’āni al- Āṣār. As a matter of fact, it was determined that the opinion of the Ḥanafī madhhab was in concordance with the views of ’Alqamah in 81 out of 109 issues in a research conducted particularly according the section of worship. Despite this fact, it would be very challenging to say that all of ’Alqamah's juristic opinions had a place in the Ḥanafī school. Because it is a fact that some of his views are not adopted in the school, and some are partially accepted.