Journals / Marife Dini Araştırmalar Dergisi / 2005 / Cilt: 5 - Sayı: 3

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

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

Pages
195–212
DOI
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Abstract

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.