TITLE

ÅžAFÄ°ÃŽ'NÄ°N HUKUK METODOLOJÄ°SÄ°NDE KIYAS KAVRAMININ ANLAM VE KAPSAMI

AUTHOR(S)
Duman, Soner
PUB. DATE
January 2010
SOURCE
Ekev Academic Review;Winter2010, Vol. 14 Issue 42, p149
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Al-Shafiî uses qiyas and ijtihad as synonims in his theoretical statements. This usage caused different comments by the legal authorities. Some of them claimed that al-Shafii limited the role of reason (aql) by this usage, because he regarded istihsan, istislâh and other principles as illegal. For these authorities both of qiyas and ijtihad have the same meaning in al-Shafiî's legal theory and this meaning is analogical reasoning. On the opposite side it is possible to find some statements by some other authorities thet express al-Shafiî's usage of qiyas includes istislah, istihsan and some other legal principles. Our study aims to show that the meaning of qiyas in both al-Shafiî's theoretical statements and practices is more general than the one in the legal theory literature.
ACCESSION #
50295183

 

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