Modern Fıkıh Usûlü Kitaplarında Mutlakın Mukayyete Hamli Meselesinde Gösterilen Bazı Örneklerin Yeterliliği Sorunu
The Problem of Adequacy for The Examples Set Forth on The İssue of “Carrying The Absolute to The Restricted” in The Contemporary Methodology of İslamic Jurisprudence Books

Summary/Abstract: The issue of absolute (mutlaq) and restricted (muqayyad) words is one of the important topics of Islamic law and both word has examined deeply in sections about words (alfaz). Although the subject seems to be explained sufficiently in method books of Islamic jurisprudence as in every theoretical issue, it also contains sides open to different evaluations. These two words are dealt with especially around the attribution of absolute into conditional. The examples given by the scholars of method on this subject are also important. Examining these examples will also contribute to a better understanding of and absolute (mutlaq) and restricted (muqayyad) words. In this article, first of all, the definition and nature of absolute and restricted words and its relation with other issues of fiqh method will be discussed. Especially the rule of; although the reason for the absolute and restriction is one, if the provisions are different won’t be attributed of the absolute word to the restricted Word. It is treated according to the situation with both of them whether absolute or restricted Word, will be examined. And will be discussed that the examples given are unsatisfactory. It will be evaluated how this subject, which is dealt with in contemporary fiqh method books, is explained in classical works and different examples will be offered.

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