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- Title
SERAHSÎ'NİN EL-MEBSÛT 'UNDA FIKIH KÂİDELERİ.
- Authors
GURBANOV, Anar
- Abstract
The Islamic religion has revealed a sense of law is different from other ones and in time, especially in the era of mujtahids developed as a legal system and reached the peak point. The basis of the (legal maxims) concept in Islamic law is firstly the general qualified provisions which preached of the Koran and the feature of the cavâmiu'l-kalim of Sunnah. Therefore the attitudes of the mujtahids who grow up in this culture, with the induction of the holy themes (nas) in the sources, the attitude of companion of prophet (sahaba) in solving the new emerging issues and terse expressions conveyed from them, the mujtahids' thoughts, methodical maxims, logic rules, through language rules and the rules they have established as a result of their inductive investigation have emerged as legal maxims (kavâid) science. Learned scholars of different schools of Islamic law, have used the legal maxims in their legal opinions, rulings, and judicial interpretations. In his work al-Mabsut, Sarakhsi also has made use of the legal maxims in his analyses of the different opinions among the jurists and the views of the Hanafi School of law. In this article in the first part initially by conceptual analysis of the term legal maxims (kavâid) was analyzed and it has been given brief information its place in Islamic law. And the second part contains general information about the basic rules of the legal maxims used by Sarakhsi in his work "al-Mabsut" entitled "ibadat, muamalat and ukubat".
- Publication
Journal of Islamic Law Studies, 2019, Issue 33, p103
- ISSN
1304-1045
- Publication type
Article