Formalism in islamic law


Thesis Type: Postgraduate

Institution Of The Thesis: Bursa Uludağ University, SOSYAL BİLİMLER ENSTİTÜSÜ, Turkey

Approval Date: 2020

Thesis Language: Turkish

Student: Rüveyda Sevindik

Supervisor: MEHMET SALİH KUMAŞ

Abstract:

Islamic Law is a formalist legal system. In particular, formalism is the most prominent area of worship and treatment. For this purpose, in Islamic Law; we investigated the behavior of people in the field of worship, treatment and ukûbat in the context of formalism. While conducting this research, we have followed a general to private research method starting from formalism in civil law. We evaluated formalism in Islamic Law in three stages. The first stage is what we call the formalism ordered by the legislator. In this stage, it is mentioned that there is a formalism which makes the worship and contract valid. In the second stage, issues related to formalism, which are not contrary to the will of the legislatowereaddressed. In the third stage, formalism which was contrary to the will of the legislator was evaluated together with Hîle-i Şer’iyye. It was concluded that Hîle-i Şer’iyye took people to something that was forbidden by religion, even though it may seem like a legitimate process, which the legislator did not aim for. In Islamic law, formalism is important in terms of revealing which behaviors of individuals are ordered by the legislator and which are not intended by the legislator.