Determination of the Opinions attributed to Imam Shafii in the Kısas Section of Mergînânî's Work al-Hidaye

Emrah Demirtaş

Makale detayları

Determination of the Opinions attributed to Imam Shafii in the Kısas Section of Mergînânî's Work al-Hidaye

Yazarlar:

Emrah Demirtaş

Yayıncı:

Hatay Mustafa Kemal University

Ana Başlıklar:

Din Araştırmaları

Dergi:

Antakiyat Vol.6 Issue 2, pp.230-242

Belge Tipi:

Makale

Yayın Tarihi:

12/2023

Belge Dili:

Türkçe

Document ID (Org No.):

2001305745

pISSN:

2667-4017

Anahtar kelimeler:

Özet:

 Fiqh tendencies, which started in the second century Hijri with the mujtahid imams, turned into sects over time. Later, each sect developed its own fiqh view and the sects fuqaha wrote the fiqh books of their own school. Ebül-Hasen Burhanüddîn Ali b., one of the jurists belonging to the Hanafi sect. Abi Bakr b. Abdilcelîl el-Fergânî el-Merğînânîs d. 5931197 work called el- Hidâye is one of them. Merğînânîs work named el-Hidaye was compared with Kuduris el-Muhtasar and Imam Muhammed b. It is the commentary of the text Bidâyetül-Mübtedi, which Hasan al-Şeybânî wrote by bringing together the existing issues in his el-Camius-Sağir. As in many fiqh books, this work includes the views of the Hanafi sect as well as the views of other sects. One of the jurists that Hanafis refer to in their works and express their opinions is Imam Shafii. Merghînânî also mentions the views of Imam Malik and Imam Shafii in al-Hidaya. But Ahmed b. It does not refer to Hanbals views. Imam Marghinani, who holds an important place among Hanafi jurists, made a name for himself within the sect with his work called al-Hidaye. Merghinani includes the views of Imam Muhammad, Abu Yusuf and Zufar from the sectarian scholars, especially Abu Hanife, but he also mentions the views of Imam Malik from time to time, although Imam Shafii is the dominant one. The main subject of our thesis is to compare the views that Mergînânî attributes to Imam Shafii with Shafii fiqh books in the context of the Qisas section and to point out the correct and incorrect ones. Our aim here is not to find mistakes in Mergînânîs work. On the contrary, it is to protect those who want to apply Shafii views in the content of this work, which has a very important place in scientific research, from making mistakes. In our study, we tried to determine Imam Merghînânîs views that he attributed to Imam Shafii in his work called el-Hidâye, specifically in the Qisas section, in the reliable sources of the Shafii sect, especially in Imam Shafiis work called al-Umm. As a result, we have identified 17 of the views that Merğînânî attributed to Imam Şâfiî in the retaliation section of his work called al-Hidâye. He was correct in 13 of these views and made mistakes in 4 of them. The reasons why jurists convey the views of another sect incorrectly or incompletely are that they are unaware of the changes and innovations that have occurred in the sect in question to which their views are attributed, that they misunderstand the concepts used by the sect, that they attribute the view of one sect to the entire sect, and that each sects defenders are trying to highlight their own sect and other It stems from misrepresenting the view of the sect. One should not quote an opinion of one sect from a source of another sect. Even within each sect, there are disagreements with each other. Therefore, it is best to learn the opinion of each sect whose opinion is wondered from its main source.

 Fiqh tendencies, which started in the second century Hijri with the mujtahid imams, turned into sects over time. Later, each sect developed its own fiqh view and the sects fuqaha wrote the fiqh books of their own school. Ebül-Hasen Burhanüddîn Ali b., one of the jurists belonging to the Hanafi sect. Abi Bakr b. Abdilcelîl el-Fergânî el-Merğînânîs d. 5931197 work called el- Hidâye is one of them. Merğînânîs work named el-Hidaye was compared with Kuduris el-Muhtasar and Imam Muhammed b. It is the commentary of the text Bidâyetül-Mübtedi, which Hasan al-Şeybânî wrote by bringing together the existing issues in his el-Camius-Sağir. As in many fiqh books, this work includes the views of the Hanafi sect as well as the views of other sects. One of the jurists that Hanafis refer to in their works and express their opinions is Imam Shafii. Merghînânî also mentions the views of Imam Malik and Imam Shafii in al-Hidaya. But Ahmed b. It does not refer to Hanbals views. Imam Marghinani, who holds an important place among Hanafi jurists, made a name for himself within the sect with his work called al-Hidaye. Merghinani includes the views of Imam Muhammad, Abu Yusuf and Zufar from the sectarian scholars, especially Abu Hanife, but he also mentions the views of Imam Malik from time to time, although Imam Shafii is the dominant one. The main subject of our thesis is to compare the views that Mergînânî attributes to Imam Shafii with Shafii fiqh books in the context of the Qisas section and to point out the correct and incorrect ones. Our aim here is not to find mistakes in Mergînânîs work. On the contrary, it is to protect those who want to apply Shafii views in the content of this work, which has a very important place in scientific research, from making mistakes. In our study, we tried to determine Imam Merghînânîs views that he attributed to Imam Shafii in his work called el-Hidâye, specifically in the Qisas section, in the reliable sources of the Shafii sect, especially in Imam Shafiis work called al-Umm. As a result, we have identified 17 of the views that Merğînânî attributed to Imam Şâfiî in the retaliation section of his work called al-Hidâye. He was correct in 13 of these views and made mistakes in 4 of them. The reasons why jurists convey the views of another sect incorrectly or incompletely are that they are unaware of the changes and innovations that have occurred in the sect in question to which their views are attributed, that they misunderstand the concepts used by the sect, that they attribute the view of one sect to the entire sect, and that each sects defenders are trying to highlight their own sect and other It stems from misrepresenting the view of the sect. One should not quote an opinion of one sect from a source of another sect. Even within each sect, there are disagreements with each other. Therefore, it is best to learn the opinion of each sect whose opinion is wondered from its main source.

 Fiqh tendencies, which started in the second century Hijri with the mujtahid imams, turned into sects over time. Later, each sect developed its own fiqh view and the sects fuqaha wrote the fiqh books of their own school. Ebül-Hasen Burhanüddîn Ali b., one of the jurists belonging to the Hanafi sect. Abi Bakr b. Abdilcelîl el-Fergânî el-Merğînânîs d. 5931197 work called el- Hidâye is one of them. Merğînânîs work named el-Hidaye was compared with Kuduris el-Muhtasar and Imam Muhammed b. It is the commentary of the text Bidâyetül-Mübtedi, which Hasan al-Şeybânî wrote by bringing together the existing issues in his el-Camius-Sağir. As in many fiqh books, this work includes the views of the Hanafi sect as well as the views of other sects. One of the jurists that Hanafis refer to in their works and express their opinions is Imam Shafii. Merghînânî also mentions the views of Imam Malik and Imam Shafii in al-Hidaya. But Ahmed b. It does not refer to Hanbals views. Imam Marghinani, who holds an important place among Hanafi jurists, made a name for himself within the sect with his work called al-Hidaye. Merghinani includes the views of Imam Muhammad, Abu Yusuf and Zufar from the sectarian scholars, especially Abu Hanife, but he also mentions the views of Imam Malik from time to time, although Imam Shafii is the dominant one. The main subject of our thesis is to compare the views that Mergînânî attributes to Imam Shafii with Shafii fiqh books in the context of the Qisas section and to point out the correct and incorrect ones. Our aim here is not to find mistakes in Mergînânîs work. On the contrary, it is to protect those who want to apply Shafii views in the content of this work, which has a very important place in scientific research, from making mistakes. In our study, we tried to determine Imam Merghînânîs views that he attributed to Imam Shafii in his work called el-Hidâye, specifically in the Qisas section, in the reliable sources of the Shafii sect, especially in Imam Shafiis work called al-Umm. As a result, we have identified 17 of the views that Merğînânî attributed to Imam Şâfiî in the retaliation section of his work called al-Hidâye. He was correct in 13 of these views and made mistakes in 4 of them. The reasons why jurists convey the views of another sect incorrectly or incompletely are that they are unaware of the changes and innovations that have occurred in the sect in question to which their views are attributed, that they misunderstand the concepts used by the sect, that they attribute the view of one sect to the entire sect, and that each sects defenders are trying to highlight their own sect and other It stems from misrepresenting the view of the sect. One should not quote an opinion of one sect from a source of another sect. Even within each sect, there are disagreements with each other. Therefore, it is best to learn the opinion of each sect whose opinion is wondered from its main source.

 Hanefi fakihleri arasında önemli bir yer tutan İmam Merğinânî, el-Hidâye adlı eseriyle mezhep içerisinde adından söz ettirmiştir. Merğinânî, Ebû Hanife başta olmak üzere mezhep fukâhasından İmam Muhammed, Ebû Yusuf ve Züfer görüşlerine yer vermekle birlikte İmâm Şâfiî yoğunlukta olmakla birlikte yer yer İmam Mâlikin görüşlerini de zikretmektedir. Çalışmamızda İmam Merğînânînin el-Hidâye adlı eserinde kısas bölümü özelinde İmam Şâfiîye isnad etmiş olduğu görüşlerini İmâm Şâfiînin el-Ümm adlı eseri başta olmak üzere Şâfiî mezhebinin muteber kaynaklarında tespitini yapmaya çalıştık. Sonuç olarak Merğînânînin el-Hidâye adlı eserinde kısas bölümünde İmam Şâfiîye isnad etmiş olduğu görüşlerinden 17 tanesini tespit etmiş olduk. Bu görüşlerden 13 tanesinde isabet etmiş, 4 tanesinde hata etmiştir. Fakihlerin başka mezhebin görüşlerini yanlış ya da eksik aktarmasının nedeni, görüş isnadı yapılan söz konusu mezhepte meydana gelen değişiklik ve yeniliklerden habersiz olmaları, mezhebin kullanmış olduğu kavramların yanlış anlamaları, bir fakihin görüşünü bütün mezhebe nispet etmeleri ve her mezhep savunucusunun kendi mezhebinin ön plana çıkarmak ve diğer mezhebin görüşünü yanlış göstermekten kaynaklanmaktadır. Bir mezhebe ait bir görüşü, başka bir mezhebin kaynağından alıntı yapmamak gerekir. Bütün mezheplerin kendi içinde farklı görüşleri bulunduğundan görüşü merak edilen her mezhebin görüşünü ana kaynağından öğrenmek en doğru olanıdır.

Makale detayları

Determination of the Opinions attributed to Imam Shafii in the Kısas Section of Mergînânî's Work al-Hidaye

Yazarlar:

Emrah Demirtaş

Yayıncı:

Hatay Mustafa Kemal University

Ana Başlıklar:

Din Araştırmaları

Dergi:

Antakiyat Vol.6 Issue 2, pp.230-242

Belge Tipi:

Makale

Yayın Tarihi:

12/2023

Belge Dili:

Türkçe

Document ID (Org No.):

2001305745

pISSN:

2667-4017

murder

imputation

detection

al-Umm

al-Hidaya.Cinayet

İsnad

Tespit

el-Ümm

el-Hidâye.

Sayı

Makale detayları

Yazarlar: Emrah Demirtaş

Yayıncı: Hatay Mustafa Kemal University

Ana Başlıklar: Din Araştırmaları

Dergi: Antakiyat Vol.6 Issue 2, pp.230-242

Belge Tipi: Makale

Yayın Tarihi: 12/2023

Belge Dili: Türkçe

Document ID (Org No.): 2001305745

pISSN: 2667-4017

Sayı

Yazarlar:

Emrah Demirtaş

Yayıncı:

Hatay Mustafa Kemal University

Ana Başlıklar:

Din Araştırmaları

Dergi:

Antakiyat Vol.6 Issue 2, pp.230-242

Belge Tipi:

Makale

Yayın Tarihi:

12/2023

Belge Dili:

Türkçe

Document ID (Org No.):

2001305745

pISSN:

2667-4017