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- Title
FARKLI İÇTİHADÎ GÖRÜŞLERDEN EN AZ MİKTARI ESAS ALMA (EL-A'HZU Bİ EKALLİ MÂ KIYLE) PRENSİBİ.
- Authors
Önder, Muharrem
- Abstract
This article examines the rule of al-akhdhu bi-aqalli ma qiyle which has been accepted by Imam al-Shafi'i and most of the jurists as a conditioned evidence for judgments. The rule of al-akhdhu bi-aqalli ma qiyle which can be formulated as "in the case of disagreement of opinions about quantitative matters in legal issues, the opinion requiring the minimum is preferred", is a controversial method of jurisdiction in methodology of Islamic law. However when this rule is closely examined, it can be seen that if it is not supported by some extra evidence, it is a rather challenged method and is not accepted in absolute terms by majority of jurists.
- Subjects
IMAMS (Shiites); PRACTICE of law (Islamic law); ISLAM &; justice; EVIDENCE (Islamic law); JUDGMENTS (Islamic law); AL-Shafi'i, Muhammad
- Publication
Journal of Islamic Law Studies, 2011, Issue 17, p167
- ISSN
1304-1045
- Publication type
Article