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- Title
İSLÂM HUKUK TARİHİNDE HUKUKUN ARAÇSALLAŞTIRILMASINA BİR ÖRNEK OLARAK VÂNÎ MEHMED EFENDİ'NİN CEHRÎ ZİKRE DÂİR RİSALESİ.
- Authors
Kumaş, Mehmet Salih
- Abstract
In recent years, one of the matter of jurists is instrumentalism in law (law's instrumentality). This topic focuses on that law is not objective and judges give meanings to judicial texts in contrast to the will of lawgivers and thus fill the gaps of law. In the Islamic law, Allah is accepted as a legislator. Therefore jurists struggle in order to understand and to sentence correctly according to the law texts (the Quranic verses and hadith). However, personal tendencies affect the process of the sentence according to law texts and might have been contrary to fundamental position, with emphasis on the idea of the sect (madhhab) were sentenced to be seen. In this study, a treatise (risalah) on the Ottoman period is discussed in this context.
- Subjects
EFENDI, Vani Mehmed; SUFI chants; SUFISM; INSTRUMENTALISM (Philosophy); ISLAMIC law -- History; ISLAM &; justice; PRACTICE of law (Islamic law)
- Publication
Journal of Islamic Law Studies, 2011, Issue 17, p505
- ISSN
1304-1045
- Publication type
Article