According to Hanafi sources the evaluation of the principle of predominance from a fiqh perspective and its place in fürû-i̇ fiqh


Thesis Type: Postgraduate

Institution Of The Thesis: Uludağ Üniversitesi, Turkey

Approval Date: 2018

Thesis Language: Turkish

Student: HİLAL ÇAVUŞİSMAİL

Supervisor: MEHMET SALİH KUMAŞ

Abstract:

Throughout history, the faqihs have taken advantage of a number of fiqh principles as well as the texts, while resolving the problems that arise as a result of the change of social life. Many fiqh al-Qaida, which is emerged as a result of the induction of the particular issues, made it easy to understand the aims of the law by taking the issues, which is scattered in classical sources, into a discipline. In this respect, it is very important to investigate the principles that the faqihs use while their Shariah judgements, in detail. In this study, we aimed to examine the principle of predominance which the Hanafi faqihs frequently refer to, in the lights of Furu issues. Since it is related with the principle, we have also included the principles "much is presumed as whole", "one quarter is assumed as complete", "decision is taken according to superior one among the opinions" and "the judgement is given accoring to generality not according to the rare". By referring to classical sources, we tried to find out that in which areas these principles are used and the point of view of Hanefi sect to these principles with practical examples.