أصول فقه الإباضية معالم ومصادر.

The principles and rules of the uūl al-fiqh, which deals with how and from which sources Muslims will obtain religious knowledge and rulings, have been the subject of discussion since the early period of Islamic history. Although there was an agreement on certain principles, different opinions emerged among scholars and theological and legal schools (madhāhib) on many issues. A broader consensus has been achieved on the uūl al-fiqh among the Sunni madhāhib that make up the vast majority of the Islamic world. The views on the uūl al-fiqh of madhāhib such as the 'Ibāiyya, who are recognized as being outside of the Ahl al-Sunna, approached similarly with them in some matters and differed in others. Another important point is that the approach of these madhāhib to the Sunni understanding has changed and developed over time. In this article, the main sources and important views of the 'Ibāiyya, which we do not have much information about in Turkey, but constitute the majority in some Islamic countries such as Oman, will be discussed and introduced chronologically. In addition, it will be determined that these sources and views approach closely to the Sunni understanding as a result of the social, political, and scholarly change and development that the Ibadism have undergone throughout history. Although 'Ibāiyya differed from the tradition of Ahl al-Sunna in many aspects in the first period of its emergence, it did not adopt a combative attitude. This attitude of 'Ibāiyya not only enabled them to preserve themselves but also paved the way for them to be influenced scholarly by the 'ulamā' representing the tradition of Ahl al-Sunna. In addition, after a while, they began to seek to solve the problems they encountered, and this caused their attitudes towards making use of the principles laid down by different traditions in fiqh. Ibadis, who showed a strict attitude in the field of uūl al-fiqh in the first periods of its emergence, started to be influenced by the uūl al-fiqh of the Ahl al-Sunna tradition and adopted many principles of this understanding in the later periods. It is seen that the Ibadis, who are very similar to the Ahl al-Sunna in the classification and hierarchy of sources of the Sharī'a, also have common views on the issues regarding the details of these sources. The Ibadis allowed ta'wīl in the verses of the Qur'ān and stipulated that the verses of the Qur'ān should reach mutawātir. The classifications and definitions made about the clarity and closure of the meaning of the laf coincide with those in the tradition of Ahl al-Sunna. The similarities with the anafī madhhab in the views of 'Ibāiyya on the Sunna are remarkable. In the division of the Sunna made in terms of isnād, it is seen that the distinction in the form of mutawātir, mashhūr and āad, which distinguishes anafīs with the other madhāhib, is also adopted by 'Ibāiyya and the definitions of them overlap with the anafīs. For example, the Ibadis said that the mashhūr hadith expressed more certain information than the assumption, and stipulated that the narrator should not act contrary to this hadith in order to accept the āad hadith. In addition, Ibadis, who accept the mursal hadiths as a source, see the work of Ibadi hadith scholar al-Rabī' b. abīb (d. 180/796 []) as the most authentic book after the Qur'ān, but they do not hesitate to use of the hadith works such as al-Kutub al-Sitta to which the Ahl al-Sunna refer. Ibadis, who agree with the Ahl al-Sunna about the evidential value of ijmā', do not see the formation of ijmā' limited to their madhhab. However, they divided ijmā' into two: definite and doubtful. They say that there is a definite ijmā' on the issues on which the Ahl al-Sunna madhāhib agree with them, and doubtful ijmā' on matters agreed only by the Ibadis. Like the majority of scholars of Ahl al-Sunna, Ibadis do not stipulate that all mujtahids participating in ijmā' should literally die (inqirādh al-'ar) for the formation of ijmā'. Ibadis, who see it possible to express a third opinion by going beyond the existing disagreement on an issue, share the same opinion with the anafīs on this issue, and oppose the majority of the Ahl al-Sunna. It is observed from this article that the Ibadis had different views over time regarding the evidential value of qiyās. Ibadis who lived in the early period adopted a more distant attitude towards qiyās and showed an approach similar to the Ahl al-adīth. However, in the following periods, their attitudes towards qiyās changed. They even argued that qiyās is valid not only in matters related to mu'āmalāt but also in ibadāt and add. The similarities with the Ahl al-Sunna 'ulamā' draws attention to the views of the Ibadis about evidences expressed as secondary sources. However, it is possible to see the traces of their belief principles in the views of the qawl al-aabī (opinion of the Companions), which is counted among these sources. For, they do not accept the qawl al-aabī as evidence -unless there is consensus- and they justify their views on the fact that the companions are not innocent. They only consider the views of the companions narrated by 'Ibāiyya scholars, like Jābir b. Zayd (d. 93/711-12), to take precedence over the others. Ibadis accept the isti?āb, which they define briefly as "presumption of continuity", as evidence. Ibadis, who have a similar view with Shāfiī in this regard, divide istiāb into two as "accepted as mubāh through reason" and "reached through religious evidence" unless there is a contrary statement or evidence. Also, according to Ibadis, istisān can be a source for the akām. Ibadis, who are similar to anafīs in the evidential value and definition of istisān, do not mention the types of istisān. Istilā, sadd al-dharī'a, shar' man qablanā, and urf are also accepted as evidence, and they share the same views with the scholars of Ahl al-Sunna on many issues. However, the Ibadis differ completely from the Ahl al-Sunna on the fact that inspiration (ilhām) is evidence. They argue that those who meet the conditions such as being a mujtahid and a scholar can use inspiration as evidence in making akām. [ABSTRACT FROM AUTHOR]