Usûl-Furû Ayrımı: İşlev, Köken, Kapsam, Gelişim, Kriterler ve İtirazlar
The Distinction Between al-ʾUṣūl and al-Furūʿ: Function, Origin, Scope, Development, Criteria, and Criticisms

Summary/Abstract: A fundamental tenet of Islamic norm politics and knowledge theory is the distinction between al-ʾuṣūl and al-furūʿ. The scholars of Islamic legal theory have traditionally evaluated this distinction based on its benefits and risks. Its contribution to the “disciplined disagreement” theory—which methodological thought has always attempted to develop—is its main benefit. On the other hand, it causes hierarchical divisions regarding religious laws, such as “divine and human,” “essentials and nonessentials,” and “those that are vital in the degree of certainty and those that are open to possibility.” This is the reason why some ʾAhl al-Ḥadith scholars, most notably Ibn Taymiyya, considered this distinction a “bid’a” that was initially developed in Mu’tazilite circles and subsequently introduced into ʾuṣūl al-fiqh along with serious ramifications by certain Ash’arite theoreticians. According to him, the basis of such conceptual divisions’ legitimacy has to be the traditions of the original generations. However, the majority of scholars have been loyal to the metaphor of “the tree of Islamic knowledge,” which was most likely used by Shafiʿī first, with many branches [al-furūʿ] that show flexibility as they grow and firmly grounded roots [al-ʾuṣūl]. Shāfi'ī views that a jurist’s task is to derive those “meanings” that are extended from the roots to the branches. Thus, the ruling [ḥukm], or the fruit, would be harvested from the branches and offered to the good of society. Once employed in a very symbolic sense, the distinction between al-ʾuṣūl and al-furūʿ has been found highly functional and evolved throughout time to become a fundamental framework for all Islamic sciences. This paper deals with the historical evolution of the distinction by emphasizing its origins, limits, purposes, and standards as well as the criticisms it has encountered.

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