THE LEGAL DISAGREEMENTS (IKHTILÂF) AND SHATIBI’S APPROACH TO THE PRINCIPLE OF THE MURÂAT AL-KHILAF

Yıl 2005, Cilt: 5 Sayı: 2, 55 - 74, 30.09.2005

Muharrem Kılıç

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The legal disagreements (ikhtilâf) are a natural and historical fact of the improving
process of Islamic Legal history. So that, in its formation period it has been considered
as a part of Islamic sciences. And for this reason, the knowledge of these very legal disagrements
(ikhtilâf) have been deemed as a necessary condition for giving a fatwa or
legal decision. Neverthless the legatimate of legal disagreements (ikhtilâf) have been
interrogated by some legal scholars and legal schools. In this regard, one of the critisizing
figure was Shatibi. He critisized the legal disagreements (ikhtilâf) and the principle
of the murâat al-khilaf which is one of the legal sources of Malikite legal school. In critisizing
this very principle he mainly based his argumentation on the premise of the definitness
of the legal theory (usul al-fiqh).

HUKUKÎ GÖRÜŞ AYRILIKLARI (İHTİLÂF) VE HİLAFA RİAYET (MÜRÂÂTÜ’L-HİLÂF) İLKESİ KONUSUNDA ŞÂTIBÎ’NİN YAKLAŞIMI

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