Is it possible for the hanafi jurisprudents of the later period to disagree with the founding imams?: An examination special to Ibn al-Humam

dc.contributor.authorŞahin, Ünal
dc.date.accessioned2024-12-11T12:50:53Z
dc.date.available2024-12-11T12:50:53Z
dc.date.issued2024
dc.departmentAÇÜ, İlahiyat Fakültesi, Temel İslam Bilimleri Bölümüen_US
dc.description.abstractIn 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.
dc.identifier.doi10.28949/bilimname.1406544
dc.identifier.endpage350en_US
dc.identifier.issn2148-5860
dc.identifier.issue1en_US
dc.identifier.startpage313en_US
dc.identifier.urihttp://dx.doi.org/10.28949/bilimname.1406544
dc.identifier.urihttps://hdl.handle.net/11494/5194
dc.identifier.volume51en_US
dc.identifier.wosqualityN/A
dc.indekslendigikaynakWeb of Science
dc.language.isoenen_US
dc.relation.ispartofBilimname
dc.relation.publicationcategoryMakale - Uluslararası Hakemli Dergi - Kurum Öğretim Elemanıen_US
dc.rightsinfo:eu-repo/semantics/openAccessen_US
dc.subjectIslamic Lawen_US
dc.subjectFounding Imamen_US
dc.subjectIbn al-Humamen_US
dc.subjectProcedureen_US
dc.subjectOppositionen_US
dc.titleIs it possible for the hanafi jurisprudents of the later period to disagree with the founding imams?: An examination special to Ibn al-Humamen_US
dc.typeArticle

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