FIKIH TARİHİ BAĞLAMINDA OSMANLI TECRÜBESİNİ DOĞRU ANLAMAK
Understanding Correctly the Experience of Ottoman in the context of the History of Fiqh
Author(s): Süleyman KAYASubject(s): History of Law, The Ottoman Empire
Published by: Sakarya üniversitesi
Keywords: History of Fiqh (Islamic Law); Ottoman Law; Maddhab (School of Law); Ijtihad (Legal Reasoning);
Summary/Abstract: Some mistakes are seen in the studies regarding Ottoman legal history. In this work, we discussed some issues that we see as reasons for these mistakes such as omission of tradition of al-‘ilm(science), ignorance of the distinction of absolute legal reasoning-madhhabilegal reasoning, counting literature of Hanafi fiqh as uniform, degradation of fiqh into law, ignorance of the positive law, lack of studies on Ottoman ilmiyyah (the religious scholars class) system, absence of knowledge of historical background, the discourse of fanaticism of madhhab (school of law), ideological periodization and the rhetoric of decline.
Journal: Sakarya Üniversitesi İlahiyat Fakültesi Dergisi (SAUIFD)
- Issue Year: 18/2016
- Issue No: 33
- Page Range: 1-15
- Page Count: 15
- Language: Turkish