1. İslâm Hukuku Bağlamında Hükümlerin İlletlerinin Belirlenmesinde Makâsıd ve Maslahatın Gözetilmesi Açısından Aklın Rolü.
- Author
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YILMAZ, Taha
- Abstract
The purpose of this article is to examine the public benefits and interests in determining the causes of the provisions while revealing the things that are in favor or against the person in terms of his deeds/actions by Islamic jurists from detailed/partial evidence in the context of Islamic law. While making the compotent Muslim responsible for the command, the wise Shari' Almighty has primarily taken having the faculty of reason as the basis. In this context, Muslims have also developed some sciences in order to ground religious provisions on a rational basis. The science of hadith methodology was developed for the correct transmission of the textual narrations, and the science of methodology of Islamic jurisprudence was developed for the correct understanding of such narrations. They also determined the sources/origins and evidences of the sciences called fiqh and usul al-fiqh, and the ways and rules of accessing these sciences within the framework of above-mentioned sciences. While in regards to the rulings and their causes, the objectives of Shari’a (maqaṣid) is taken into consideration in terms of Divine Lawmaker, the public interest (maslaha) is taken into consideration in terms of the compotent believers. In this context, although it is essential to worship/serve the Shari'a in prayer, the satisfaction and peace of the soul and heart, the discipline of time and the interests of accountability are taken into consideration for the competent believer. Fasting is obligatory for those who are healthy, zakat is obligatory for those who have the minimum required amount of wealth, and pilgrimage is obligatory upon those who are rich and healthy. As can be seen in these examples, objectives of Shari’a and interests of the public have been considered together. The reason also plays an active role in determining these issues, addressing them, thinking about and understanding them. As a matter of fact, although the determination of causes was not based solely on the perspective of wisdom by the jurists, a rational basis was still sought in every religious ruling. Literally, juristic cause (‘illah) literally means a situation that causes a change in its location. In the conceptual framework, it means the situation that makes it appropriate to impose the provision, the intended result, benefit, clear or stable characteristic of the provision. A person traveling during Ramadan is given the permission not to fast. The interest considered here is to relieve the burden and trouble of the traveler. Being on a journey is taken as the cause of the ruling. The conditions required for the legal cause are that it should be clear, stable, appropriate, and that it should not be specific for a certain situation. In this context, intoxication is the legal cause for the prohibition of wine while being on a journey is the legal cause for shortening of ritual prayers. In addition, when determining the legal cause, the Holy Book and the sunnah of the Prophet are the first sources to look. In the second degree, if there is a consensus among mujtahids in an age regarding that a certain quality was the cause of a religious ruling, this quality was accepted as the cause of that ruling by consensus. In this respect, reason is important in understanding religious provisions. Because when the compotent believer understands the cause existing behind a ruling, he may be more willing to do what is ordered to him by the Shari' Almighty. In this article, we have shown the role of reason and the objectives of Shari’a and the public interest, on which Islamic jurists base their views while deducing the religious provisions of the compotent believers’ actions from the detailed evidences in the Holy Quran and the Sunnah by using the method of textual analysis and the qualitative method within the framework of classical and modern scientific sources. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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