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- Title
Hukuki Genişlik Bağlamında Memlükler Döneminde Tatbik Edilen Dört Mezhep Uygulaması.
- Authors
Khanjanov, Shahin
- Abstract
Following the formation of fiqh madhabs, Islamic States began to prefer these schools of law in the judicial field in terms of legal predictability and stability. Until the Mamluk period, states generally preferred a single madhab in the judicial field, while the Mamluks gave the same legal status to all four Sunni madhhabs and initiated a quadruple judicial system. Although many ideas have been put forward regarding the purpose of the application, we think the argument "providing legal flexibility and diversity" provides us with the most reasonable and strongest explanation among them. The conclusions we have obtained from the sources of ṭabaqāt, fiqh, fatāwā and uṣūl al-fiqh about the period, support this argument. This diverse judicial system initiated by the Mamluks, provided a broadness and convenience in the legal field for both the state and the people. That is to say, while state officials could choose the views and solutions they needed from each of the four madhhabs in the legal field, the public could apply to different madhhab judges through their own madhhab judges in terms of legal solutions, thus benefiting from the madhhabs width. In our article, in terms of forming a theoretical basis for the idea of legal width, the idea of intiqāl, which was on the rise at that time, was also emphasized and it was argued that this thought provided a theoretical basis for these practices in this period. Finally, in the article, the value of the understanding of the four-madhhab system applied during the Mamluk period in this direction is discussed in terms of today and it is stated that this will provide new contributions and expansions to today's fiqh thought.
- Subjects
JUSTICE administration; FATWAS; LEGAL history; SUNNI Islam; JUDGE-made law
- Publication
Review of the Faculty of Theology of Uludag University, 2021, Vol 30, Issue 2, p443
- ISSN
1301-3394
- Publication type
Article
- DOI
10.51447/uluifd.927662