CESSAS'A GÖRE İLLETİN TAHSİSİ.

The comparison (qıyas) is of great importance in resolving an issue that not included in the texts (nass) in Islamic law. It's possible to resolve an issue that is not included in the text by comparing the similar event that is stated the judgment in Qur'an, Sunnah or Idjmā'. The basic principle of qıyass is cause. Islamic jurists made detailed studies on causes. One of these issues is the restriction of causes too. The restriction of cause; despite the presence of the cause, there is no at provision stayed behind due to an obstacle. Scholars are generally divided into two parts about the restriction of causes. Karkhi, Jassas, Dabusi and the majority of Iraqi Hanafi scholars have adopted the view of the restriction of cause. Most of the Transoxania's scholars such as Bazdawi, Sarakhsi and Abu Yusr opposed the restriction of cause. By linking restrictions with istihsan, Jassas argued that some of the istihsan occurred as a result of the restriction of cause. In this research, comparing among the two groups was made comparison by giving priority to Jassas's view. As a result of this performed examination, it was determined that the issue of the restriction of cause was not reflected on practice. Jassas the provision which required the comparison is not occured due to obstacle in the places where stated as the restriction. [ABSTRACT FROM AUTHOR]