İbn Hazm’ın Hanefîlerin Kıyas Uygulamalarına Yönelik Eleştirileri
Ibn Hazm’s Criticism of Hanafis’ Analogy Practices
Author(s): Muhammet Ali Acar, H. Mehmet GünaySubject(s): Philosophy of Middle Ages, Philosophy of Law, Sharia Law
Published by: Atatürk Üniversitesi İlahiyat Fakültesi
Keywords: Islamic Law; Analogy (Qiyas); Rationale (Illah); Ibn Hazm; Hanafi School of Law;
Summary/Abstract: According to the understanding of mainstream methodology of jurisprudence, the analogy is one of essential acknowledged evidence of sharia. Within the Sunni schools, Ibn Hazm (d. 456/1064) is the one who was distinguished because of his opposition to analogy and is one of the most significant representatives of Zahirism. He aims to prove that analogy is not legitimate evidence in accordance with sharia. This article focuses on the criticism of Ibn Hazm on the juristic analogy, particularly the Hanafis’ analogy practices. In this context, I chose some of the highly representative samples for analogy practices that he attributed to the Hanafis and presented his objections about these practices. Briefly, according to Ibn Hazm, Hanafis are those who do not make observance of primary rules and conditions that they determine and could not succeed in practicing analogy adequately. However, he mostly adopted an argumentative method to bind his opponent.
Journal: İlahiyat Tetkikleri Dergisi
- Issue Year: 2022
- Issue No: 58
- Page Range: 25-34
- Page Count: 10
- Language: Turkish