KIYASIN MEŞRÛİYETİNDE BEŞER OLMANIN ROLÜ VE KIYAS KARŞITI BİR ZİHNİYETİN ANALİZİ
The Role of “Being Human” in the Legitimacy of Qiyas and an Analysis of Mentality Wich Against to Qiyas

Summary/Abstract: From the early periods, the method of qiyas (analogical reasoning) has been used by vast majority of Muslim jurists as an important tool for reaching to rules of islamic law. The legitimacy of this method, however, has been queried/questioned throughout the tradition of al-usûl, and has faced some objections both a’qlî (depending on rational reasoning) and naqlî (depending on religious reports and convections) objections. In this paper first we are dealing with the ground of the disputations on the legitimation of method of qiyas and then, we will take a different approach to the subject. Within this context, we will affirm the idea that the qiyas is an innate and inevitable property/need of human beings, thereby, people resort to the qiyas inherently. Then, we are going to analyze and examine, through some chosen examples, “The Method of Understanding of Quran” which fundamentally was suggested by Abdülaziz Bayındır and has been defended by Fatih Orum who are seemingly taking a position against to tradition of al-usûl wholly as well as to method of qiyas.

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