ZARûRİYYÂT DÜZEYİNDEKİ GÂÎ DEĞERLERİN MAHİYETİ VE EVRENSEL NİTELİĞİ ÜZERİNE

Yıl 2008, Cilt: 1 Sayı: 5, 137 - 154, 30.03.2008

Ali Pekcan

Öz

Islam has set various rules in order to make human being happy. As set
ting the rules it observes some purposes and objectives provided that they
are absolutely to the benefit of human being and it has not established any
non-justified and purposeless rule.
If Islamic rules are necessarily studied in view of source and method, it is
possibly said that the source means evidences (dalil) which are the bases
of the rules and the method means the procedure of deducting these rules
from the evidences. To perform ijtihad by observing purposes of the law is
a procedure signifying that mujtahid considers basic inherent (natural)
necessary (indispebsable) needs and bases rules on them when he deducts
the rules from evidences. Thanks to this procedure, not only would the
capability and being binding of the source turn out, but the cause and the
divine wisdom behind his act also would be understandable for the sane
adult (mukallaf).

Anahtar Kelimeler

Islamic Law, The purpose in law, Public benefit, Uni versal jurisprudence values, Natural law

Kaynakça

• Fîrûzâbâdî, el-Kâmûsu’l-muhît, (darara md.); İbn Manzûr, Lisânü’l-Arab, (darara md.); Heyet, el-Mu’cemü’l-arabî el-esâsî, Tunus 1988