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Islamic Law is a legal system based on the Qur'an and Sunnah as its primary sources. In order to interpret these sources, it is essential to determine the meanings attributed to the words that constitute these texts. Therefore, Islamic legal methodology includes special sections on the analysis of words. Specifically, in the Hanafī procedural tradition, issues related to wording are addressed under broad headings and more systematically than in other schools. When examining these classifications made by the Hanafis regarding the words, it is evident that they reflect the process from the assignment of meaning to the word to the derivation of the ruling from a nominal point of view. In this context, the first division concerns the allocation of meaning to the word (wāḍʿ). The second division addresses whether the meaning attributed to the word is clear or ambiguous (wuzūh-hafā). The third division examines whether the word is used with the meaning assigned to it (istiʿmāl), and the fourth concerns the conclusion of the meaning attributed to the word with the ruling (dalālah). However, al-Sadr alSharī'a argued that the division of words in terms of istiʿmāl should be presented before the words in terms of wuzūh-hafā, and this issue is evaluated in the article. The classifications made from the nominal point of view regarding the words are divided into four parts. The article discusses the nature of the perspective determined in each classification and evaluates the compatibility of the subcategories with the relevant perspective. In this respect, the division of words into four categories as hās, ʿām, mushtarak, and muawwal from the early periods continued until the 8th century AH. During this period, al-Sadr al-Sharī'a explicitly stated that the inclusion of muawwal in the classification in terms of wadʿ is not in accordance with the nominal point of view and replaced it with jam‘ al-munakkar. As a justification for this objection, he mentioned that the division of words based on wāḍʿ is the allocation of the word to meaning, that is, the wāḍiʿ's association of meaning with the word. In the case of the type of wording called muawwal, he stated that it is not the wāḍiʿī but the mujtahid’s interpretation. The responses given to these objections by the methodologists who adopted the relevant division are discussed, and the issue of whether or not muawwal is included in the wording in terms of wadʿ has been concluded. Additionally, the approaches to jamʿ munakkar are evaluated in this context. Another area where there is a different approach among jurists regarding the division of words is the types of words in terms of their usage (istiʿmāl). In Hanafī jurisprudence, these types of words are generally divided into four categories: literal, metaphorical, sariḥ, and kināyah. When classifying the words in terms of istiʿmāl, the use of the first meaning of the word by the speaker expresses haqiqah, while the transfer of the word to another meaning by establishing a relationship with the first meaning expresses majaz. In other words, if the use of the word in its first meaning or in a figurative sense is understood by the addressee at the first moment, this is expressed by the concept of sariḥ, while if the understanding of the speaker's intention requires explanation or presumptions, this is called kināyah. Although these types of words are considered to be related to each other, as mentioned, it is stated that there should be certain differences between the types that are related. Therefore, the definitions of sariḥ and kināyah indicate that these two concepts are types of literal and figurative speech. Consequently, the objections and arguments regarding the division of words in terms of istiʿmāl constitute another problematic aspect of the article. Within the framework of these issues, the study first presents the general approaches to wording in the Hanafī procedural tradition and then analyzes the types of wording in terms of wadʿ, including mushtarak-muawwal and sariḥ-kināyah, and the types of wording in terms of istiʿmāl, which constitute the problematic aspect, in line with general acceptance. As a result, different approaches to the types of muawwal, jam‘ munakkar, sariḥ, and kināyah are evaluated, and suggestions are presented on how these types of words should be categorized within the relevant divisions. [ABSTRACT FROM AUTHOR]

Âlimler, nasların yorum faaliyetinde oluşabilecek yanlışların engellenmesi ve nasların ilâhî iradeye uygun şekilde yorulması gayesiyle birtakım usûlî kaide ve kurallar belirlemişlerdir. Buna bağlı olarak âlimler, deliller vasıtasıyla naslardaki gizli manaları açığa çıkarma eylemi olan te’vil faaliyetinin kapsam ve sınırlarını tayin etme gayretine girmişlerdir. Bu âlimlerden biri de İmâmü’l-Haremeyn el-Cüveynî’dir (öl. 478/1085). O, lafızlar kategorisinde te’vilin genel çerçevesini belirlemiş, te’vilin varlığını örnekler üzerinden ortaya koymuştur. Tüm lafızların te’vile elverişli olmaması nedeniyle Cüveynî, te’vile uygunlukları açısından lafızları kategorize etmiştir. Bazı usûlcüler nas olarak nitelendirilen lafızlarda te’vile gidilebileceğini söylerken Cüveynî naslarda te’vilin söz konusu olmadığını ifade etmekte; keza müfesser, mücmel ve müşterek lafızlarda da te’vile gidilemeyeceğini belirtmektedir. Cüveynî, te’vilin sadece zâhir olarak nitelendirilen lafızlarda söz konusu olabileceğini vurgulamaktadır. Cüveynî, usûlî açıdan te’vili mutlak anlamda kabul ederken; kelâmî meselelerde farklı iki görüş sergilemektedir. Bu çalışmada Cüveynî’nin usûl eserlerinin yanı sıra kelâma dair eserleri de esas alınarak onun te’vil anlayışının ortaya konması amaçlanmaktadır.

Te’vil, genel olarak İslâm düşüncesinin oluşum süreçlerinde en etkili olan kavramlardan biridir. Dillerde yaşanan semantik değişim ve kaymalar kapsamında terim anlam kazanan ve fıkıh usulü içerisinde ictihâdın aklî bir yöntemi olarak değerlendirilen te’vilin fürû-i fıkhın şekillenmesinde önemli bir rol oynadığı hususunda şüphe yoktur. Sözlük anlam itibariyle “dönmek, döndürmek, akıbet ve mahiyet” gibi anlamlar içeren te’vilden terimsel olarak “bir delilden dolayı lafzın zâhir anlamının terkedilerek muhtemel olduğu başka bir anlamda anlaşılması ve yeni anlama göre fıkhî neticelere varılması” kastedilmektedir. Bu anlamda ilke ve prensipleri usulcüler tarafından konan sahih te’vilin mâhiyeti, gerektirici unsurları, şartları ve çeşitlerinin bilinmesi önem arz etmektedir. Bu çalışmada te’vil bir fıkıh usulü kavramı olarak ele alınmış, te’vilin mâhiyeti ile sıhhat ve butlan açısından çeşitleri ve müctehidlerin te’vil vasıtasıyla füru-i fıkha dâir ortaya koydukları örnekler üzerinde durulmuştur. Ancak yapılan te’villerin tamamının sahih kabul edilmemesi sebebiyle süreç içerisinde usul eserlerinde “doğru, yanlış ve orta düzey” anlamında “yakın, uzak ve mutavassıt” nitelikleriyle anılan te’vil çeşitleri ortaya çıkmıştır. Bu durumda yapılacak olan te’vilde, Arap dilinin manâya delâlet özelliklerinin ihlâl edilmemesi, varılan neticenin zaruriyât-ı diniyyeye muhâlif olmaması ve ümmetin maslahatı çerçevesinde gerçekleşmesine dikkat edilmesi gerekmektedir. Neticede te’vilin günümüzde de fıkhî bir istinbât aracı olarak istifade edilebilecek bir kavram olduğu hususuna vurgu yapılmıştır.

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Ta'wil is one of the most influential concepts in the formation process of Islamic thought in general. There is no doubt that the term ta'wil, which has gained meaning in the context of semantic changes and shifts in languages and is considered as a rational method of ijtihad in fiqh method, plays an important role in shaping the fürû-'i fiqh. Ta'wil contains "turning, rotating, fate and nature" in terms of lexical meaning and it is meant "understanding the meaning of the word in a sense that it is possible to abandon the apparent meaning of a letter and reach fiqh conclusions according to the new meaning". In this sense, it is important to know the nature, necessity, conditions and types of the authentic ta'wil which are laid down by the processors. In this study, ta'wil is considered a concept of fiqh and it is focused on some examples of ta'wil's nature and quality and health and its kinds in terms of butlân (butlân is a violation of a mandatory provision relating to the subject of a transaction), sıhhat (sıhhat is a validity of a worship or a legal process) and some examples of mujtahids by means of fiqh. However, due to the fact that not all of the ta'wils are accepted as authentic, in the process, the types of ta'wils referred to as "close, distant and mutavassıt" in terms of "right, wrong and medium". In this case, it should be paid attention that the characteristics of the meaning of the Arabic language should not be violated, the obtained result should not be contrary to the necessity of religion and that it should be realized within the framework of the Ummah's good affairs. As a result, today it is emphasized that ta'wil is a concept that can be exploited as an instrument of fiqh today. [ABSTRACT FROM AUTHOR]

Ta'wil is a subject for the first time tackled by Juwayni as a detached title in the sources of fiqh according to theologian method. The tawil is discussed within the scope in the guidance words to meaning in the Islamic legal theory. Words is divided by nass, zâhir and mujmel. The tawil, as one of the possible meanings of the words, must meet certain requirements for validity. According to this, tawil, the distinction between valid and invalid, there is also a type of voidable in the thought of al-Ghazali. the Al-Ghazali have seen as invalid ta'wil which is not supported by any evidence and the evidence, which is not strong enough to require the choice of the meaning in the sense of reason, have seen as the voidable. This study aims to discuss in Al-Ghazali thought, the definition, types and conditions the ınterpretation by enriching them with examples, which is one of the reasons for the important controversy among the fuqahâ. [ABSTRACT FROM AUTHOR]

The methodology of Ta'wil (gloss), has come into being by the internal Dynamics of the methodology of islamic jurisprudence, provides ease of scholars (faqih) about interpretation and understanding the islamic texts. Without doubt This the methodology of gloss which scholars have developed, is of great importance in understanding the Texts of Islam. So, the methodology of gloss provided great opportunities and possibilities about grounding and justification the some views and justification of islamic sects. This method not only limited first peirod but also even today many of the islamic text makes it possible to reinterpret them. It is also no doubt that the Ta'wil is very important method for bringing dynamism and enforcement of Islamic law concerning the correct understanding and interpretation of texts. Taking into consideration the fact that Islamic texts have both apparent meaning and both esoterical meaning, It is generally accepted that besides the apparent meanings of the aspects of wisdom, including esoterical containing. This is a requirement of brevity of islamic texts. In fact, it can be benefited from this the methodology of Ta'wil in many areas. The methodology of ta'wil, today in the face of social developments because of mental and evidence, has been banned from understanding of the apparent meanings. In this study, taking the importance and place of Ta'wil in the methodology of islamic law, it is aimed at contributing to the science of law. This contributions are dynamism/ enforcement of Islamic law that brought by mental effort and imagination, the effort of the conversion about the first meaning of life and the islamic texts, adaptation to practice of data of positive science. [ABSTRACT FROM AUTHOR]

The methodology of Ta'wil (gloss), has come into being by the internal Dynamics of the methodology of Islamic jurisprudence, provides ease of scholars (faqih) about interpretation and understanding Islamic texts. Without doubt the methodology of gloss which scholars were developed that was of great importance in understanding the Texts of Islam. So, the methodology of gloss provided great opportunities and possibilities about grounding and justification of some views and justification of Islamic sects. This method was not only limited to first period but also even today many of the Islamic text make it possible to reinterpret them. there is also no doubt that the Ta'wil is a very important method for bringing dynamism and enforcement of Islamic law concerning the correct understanding and interpretation of texts. Taking into consideration the fact that Islamic texts have both apparent meaning and both esoterically meaning, It is generally accepted that besides the apparent meanings of the aspects of wisdom, including esoterical containing. This is a requirement of brevity of Islamic texts. In fact, it can be benefited from this the methodology of Ta'wil in many areas. The methodology of ta'wil, today in the face of social developments because of mental and evidence, has been banned from understanding of the apparent meanings. In this study, taking the importance and place of Ta'wil in the methodology of Islamic law, it is aimed to contribute to the science of law. This contributions are dynamism/ enforcement of Islamic law that brought by mental effort and imagination, the effort of the conversion about the first meaning of life and the Islamic texts, adaptation to practice of data of positive science. [ABSTRACT FROM AUTHOR]