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- Title
Âmidî’ye Göre İllete Yönelik Kalb İtirazı.
- Authors
GÜLER, Hasan; EKİNCİ, Ahmet
- Abstract
The syllogism, which is one of the methods of deducing judgments, is based on four main foundations: the principal, the far‘, the judgment of the principal, and the cause. The ʻilla, which refers to the proof or negation of the same ruling for both of them by attributing the far‘ to the principal due to a reason that unites the principal and the far‘, is the most debated element in the syllogism. As a matter of fact, the ʻilla has been the subject of in-depth discussions both within the same school and among the jurists belonging to different schools in terms of its nature, its parts, the ways of determination (masālik al-ʻilla), and the conditions related to the ʻilla. Again, one of the most important issues on which the jurists disagreed is the objections to the cause. The differences of opinion about the names and numbers of the objections to the cause, which are generally seen among the sects, have also manifested themselves among the jurists belonging to the same sect. The subject of objections, which has the basic characteristics of the sciences of jadal and khilāf in terms of the style of argumentation, is actually counted among the subjects of these sciences. Although the debate on whether or not these issues should be discussed in the works of the uṣūl al-fiqh continues, the majority of the jurists treated the objections to the cause in detail in their works. This has made the objections to the cause the most fundamental topics of the uṣūl al-fiqh in general and the causes in particular. Considering the aforementioned issues, in order to examine the objections to the cause in a multidimensional way, the methodologists of both the mutakallim and the fuqahā methodology. Where necessary, al-Āmidī's view on the subject is compared and contrasted with the views of other Shāfi‘ī jurists. alĀmidī increased the number of objections to the cause to twenty-five and created the most extensive and systematic form of the subject. In this context, he named some of the objections that some jurists mentioned in terms of content without naming them and dealt with each of them in detail. Having analyzed the objection of the heart in detail, al-Āmidī divided this objection into three parts: qalb al-da'wā, qalb al-da īl, and qalb al-taswiya, and then made some evaluations about qalb and its types. One of the most important aspects of al-Āmidī's evaluations of the objection of qalb is that the juristic examples he uses are almost identical to those of other Shāfiʿī jurists. When we look at the definition of the objection of qalb, it is generally seen that each Shāfiʿī jurist tries to define the objection with the method of qalb by taking into account a certain feature or type of qalb. It is understood that al-Āmidī also takes a similar approach to the Shāfiʿī jurists. As a matter of fact, he defined the objection of qalb in different ways according to its types. According to al-Āmidī, the basis of the objection of qalb consists of the types of qalb such as "the evidence put forward by the proponent against the mutterer that a quality is a cause is not in his favor but against him" or "the quality put forward as evidence that it is a cause is both in favor and against the proponent". alĀmidī noted that the former constitutes the first level of qalb and the latter the second.
- Publication
Journal of Islamic Law Studies, 2023, Issue 42, p39
- ISSN
1304-1045
- Publication type
Article
- DOI
10.59777/ihad.1368335