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- Title
Fürû-ı Fıkıhtaki Örnekleri ve Yansımalarıyla Fıkıh Usûlünde Rüşd Kavramı.
- Authors
ŞAHİN, Hasan
- Abstract
Maturity (rushd) signifies an individual's intellectual and cognitive development. To undertake religious obligations, a person must have rushd and be of legal age (reşid). The majority of jursists (fuqaha) have not regarded mere intelligence and adolescence as sufficient for maturity; but, they have required individuals to show behaivours that demonstrate their maturity. Some jurists, such as Ibn Hazm regarded intelligent adolescents as leagally mature, so not distinguishing maturity as a different concept. Although it is not generally included as a separate title in classical fiqh works, rushd has been discussed in connection with competence under the title of convict in terms of judgment. While in jurisprudence, maturity is often defined as behaving rationally and in accordance with commercial norms to safeguard property, its influence extends to various aspects such as acts of worship, marriage, divorce, commercial affairs, debts, grants, and even criminal law. This study is delimited within the framework of methodology, discussing the definition, significance, age limit, and appearances in subsidiary matters (furū'al-fiqh) of maturity within jurisprudential methodology. In the introduction part of the study, the importance, purpose and scope of the subject are included. Under the "definition of maturity section", a comprehensive definition is provided from the perspective of all Islamic disciplines, while in "the juridical definition section", definitions centered on jurisprudential methodology are presented. "The section on the age of maturity" discusses varying assessments by jurists on this matter, along with their justifications. The related concepts in jurisprudential methodology encompass intellect, puberty (bulūgh), legal capacity, mental deficiency, and impediments, examining their relationship with maturity. In the section addressing "topics" related to maturity in jurisprudential methodology, the subject of maturity is explored concerning the imposition of responsibility and the conditions for legal responsibility. The conclusion offers a general assessment of jurists' approaches to the concept of maturity and presents certain preferences.
- Subjects
INTELLECTUAL disabilities; AGE
- Publication
Itobiad: Journal of the Human & Social Science Researches / İnsan ve Toplum Bilimleri Araştırmaları Dergisi, 2023, Vol 12, Issue 5, p2799
- ISSN
2147-1185
- Publication type
Article
- DOI
10.15869/itobiad.1340303