FIKIH USULÜNDE ‘NAZAR’ NAZARİYESİ
THE ‘NAZAR’ THEORY IN THE PRINCIPLES OF ISLAMIC JURISPRUDENCE

Summary/Abstract: The Principles of Islamic Jurisprudence is a science which comprises making provision principles through sharî evidences. The mujtahids’ giving right decisions in the making provisions depends on their conformity with these principles in their ijtihad’s. One of these principles is the fact that the mujtahid is approaching the evidences with valid nazar. In this respect, nazar which is the subject of many sciences like Kalam and Philosophy is also a subject of The Principles of Islamic Jurisprudence. Different definitions have been made by the mujtahids. However, the definition of valid nazar which is described as “the thing which leads to cognition of meaning (medlûl)/sharî provision” has been generally accepted in The Principles of Islamic Jurisprudence. Nazar is a concept that is often used for the same meaning of comparison in The Principles of Islamic Jurisprudence. There are also concepts which are used in the same meaning such as “istidlâl”, idea (fikir), contemplate (teemmül) and expectation (intizar). Nazar is classified as valid (sahih) and invalid (fasid). The mujtahids allied that knowing Allah and obedience and servitude to him is wajib. However, they have fallen into conflict whether “knowing” him or “servitude” to him is more important. The majority of Jurists/Fukahâ think that nazar is the first stage of obedience/servitude. According to some scholars like al-Ghazali, in sharî provisions and evidences, in parts of them, in circumstances of making provisions and in the quality of the one making provisions/mujtahid, nazar is wajib. The mujtahids who allied that nazar is wajib in sharî issues, disagreed on whether it refers to science or presumption.

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