Is it possible for the hanafi jurisprudents of the later period to disagree with the founding imams?: An examination special to Ibn al-Humam
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Tarih
2024
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Erişim Hakkı
info:eu-repo/semantics/openAccess
Özet
In this study, the issue of whether there can be opposition to the founding imams of the Hanafi sect in terms of procedure will be discussed. The general acceptance in the Hanafi sect on the subject is that there is no opposition to the founding imams in terms of procedure. It is possible to say that this perception in the sect continued until the Industrial Revolution. However, it is later observed that the issue evolved to a different point. Especially in modern period studies, the existence, limits and quality of the real opposition to the founding imams have been questioned. When we look at the issue specifically for Ibn alHumam, a different picture emerges. As a Hanafi jurist who lived in Egyptian geography in the 9th century Hijri, he presents a different prototype of a scholar and makes ijtihad on procedural issues. The opinions in question differ from the texts that find stability in the sect and reflect the views of the founding imams. It should also be stated that these issues consist of opinions that change according to customs, traditions, time and place and do not constitute fatwas. In this respect, it is seen that Ibn al-Humam put forward different views on procedural issues in the sect than the established perception in the sect and tried to base them. On the other hand, this aspect of Ibn al-Humam is clear evidence that his ijtihad activities continue on particular issues without departing from the sectarian method. It is understood that when the scholars of the sect reached scientific competence, they made ijtihad even in the field of usul, let alone fiqh. It should be noted that these jurisprudences are not the preferences of a different sect, but rather the conclusions reached based on evidence. In addition, each of his different views, which differ from the stable approach in the Hanafi sect, is not ijtihad but can sometimes be a preference on the subject. Therefore, it is necessary to thoroughly examine whether such differences are jurisprudence or preference.
Açıklama
Anahtar Kelimeler
Islamic Law, Founding Imam, Ibn al-Humam, Procedure, Opposition
Kaynak
Bilimname
WoS Q Değeri
N/A
Scopus Q Değeri
Cilt
51
Sayı
1
