Şer’u Men Kablenâ Bağlamında Kur’ân Kıssalarının Şer’î Değeri.

In addition to being a guide to salvation for humanity, the Qur'an is a rich source of information. Some of the information provided by the Holy Qur'an is information about the previous nations and the news about beliefs, morals, moral values and legal transactions within this information. In the Qur'anic pa-rables, the normative rules of the earlier nations and divine religions are also discussed in terms of ju-risprudence. The evidence of shar’u men kablena (the shar’u of those before us) has been established. This is because the Qur'an contains information that can be the subject of many branches of science. The bin-ding nature of the legal transactions mentioned in the Qur'anic parables for Muslims has been handled within the scope of shared men kablena, usually in the form of a triple classification: In the first group, there are the sharī'ahs for which there is evidence that they are null and void for Muslims. There is a consensus that they are not binding. The second group includes the Shari'ahs, for which there is eviden-ce that they are valid for Muslims. The third group consists of those Shari'ahs for which there is no evi-dence that they are repealed or binding on Muslims. There is no disagreement among the jurists about the sharī'ah value of the first two groups of sharī'ahs. Still, a dispute arose only over the binding nature of the third group of sharī'ahs, and the scholars of usul have taken two different positions on them: posi-tive and negative. The Mutazilite jurists did not consider any of the previous Sharî'ahs binding on the Prophet (pbuh) and his ummah, either before or after the Prophethood. Although there were differences of opinion among the Shafi'i jurists on the subject, the final opinion of the sect was negative. Abū Ishāq al-Shīrāzī (476/1083), who had embraced the nongenerated shar'u men kablāyah in his earlier works, rejected it in all its forms in his last extant work. Imam al-Haramayn al-Juwaynī (478/1085) and Imam al-Ghazālī (505/1111) seem to have accepted the previous sharī'ah that had not been abrogated. Due to the ambiguity of al-Ghazālī's statements and their openness to different interpretations, his view was presented as negative by later jurists. The views of Shāfiʿī jurists on the subject changed with Fakhr al-Dīn al-Rāzī (606/1210), and the view that shar'u men kablenān in any of its forms is not binding was adopted and established by his successors al-Sayfeddīn al-Āmidī (631/1233), Ṭāj al-Dīn al-Urmawī (653/1255) and Sirāj al-Dīn al-Urmawī (682/1283). This view was recorded by the later Shafi'i jurists Qāḍī Baydāwī (685/1286) and Ṣāj al-Dīn al-Subkī (771/1370). The Mālikī jurists Ibn al-Hājib (646/1249) and Shahāb al-Dīn al-Qarāfī (684/1285), as a consequence of the opinion of the imams of the sect, regar-ded the non-generated shar'u men kablāyah as shar'i evidence. Despite the differences of opinion among the mutakallimūn jurists on the subject, the jurists Abu Bakr al-Jassas (370/981), Abū Zayd al-Dabūsī (430/1039), Shams al-eimme al-Sarahsī (483/1090), and Abū alʿUsr Fakhr al-Islam al-Pazdawī (482/1089), as well as Muhammad b. Hasan al-Shaybānī, one of the imams of the sect. Hasan al-Shaybānī (189/805), who is one of the imāms of the sect, they considered the shar'ū men kablāyah, which is included in the nafs but has not been abrogated, as a sharī'ah evidence. The Hanafī jurists Mu-zaffar al-Dīn Ibn al-Sāāṭī (694/1295), Sadr al-Sharī'a al-Sānī al-Bukhārī (747/1346), Ibn al-Humām (861/1457), Ibn 'Amīr al-Hāj al-Khalabī (879/1474), and Muhibbollāh b. 'Abd al-Shāshūr al-Bihārī (1119/1707), who belonged to the memzūj method, adopted the views of the sects on the subject. Altho-ugh there are differences of opinion in the methodology, the works of the sects' furu al-fiqh include the provisions of the Shari'ah of the previous nations, which are included in the Qur'an and for which there is no evidence that they have been abrogated. As such, there are some rulings in the Qur'anic parables. For example, a number of rulings and contracts, such as mujāyah, drawing lots, qisas, bailment, and the contract of ijārah, are based on the sharī'ahs of previous nations. Although there are differences of opi-nion in theory, there is no difference in practice and the differences of opinion remain superficial. While the proponents of the positive view adopted and developed the laws of the previous nations as a new evidence under the name of shar'u men kablena, the opponents of the negative view considered them as part of the Kitāb and Sunnah. [ABSTRACT FROM AUTHOR]