el-Ḳāḍî Ḥüseyn el-Merverrûẕî’nin İcmâ‘ Anlayışı
Al-Qāḍī Ḥusayn al-Marwarrūdhī’s Understanding of Ijmā

Summary/Abstract: : Al-Qāḍī Ḥusayn al-Marwarrūdhī is one of the important representatives of Khurāsān Shāfi‘ī School. Al - Ta‘līḳa is his famous work , which is one of the first commentaries of al-Muzanī’s Mukḫtaṣar. One of the important features of this work is the introduction to some of the subjects of ijtihād (process of juristic legal reasoning) , taqlīd (acting upon the word of another without asking for specific proof) , ijmā‘ (consensus of jurists) and view’s of the companions of the Prophet. The first systematic, complete and detailed works of uṣūl al - fiqh (Islamic legal theory) that belonged to the Khurāsān Shāfi‘ī School have reached to the present day belong to the second half of the V./XI. century. Making research on the studies which were done about uṣūl al-fiqh and formed the basis of this period is essential to follow the development of uṣūl al-fiqh of the Khurāsān Shāfi‘ī School. Transfer of the uṣūl al-fiqh in al-Qāḍī Ḥusayn al-Marwarrūdhī’s al - Ta‘līḳa make it possible to determine the literatüre, which was formed in Khurāsān region in the period from the death of Shāfi‘ī to the first half of the V./XI. century until the first half of the Khurāsān region, which allows the determination of the uṣūl al-fiqh. In this study, on the basis of ijmā‘, al-Qāḍî Ḥusayn al-Marwarrūdhī’s method in al Ta‘līḳa will be examined.

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