Majalla al-Ahkam al-'Adliyyah in Terms of Intra-School Preference

Ugur S. M.

CUMHURIYET ILAHIYAT DERGISI-CUMHURIYET THEOLOGY JOURNAL, vol.22, no.1, pp.233-257, 2018 (ESCI) identifier identifier

  • Publication Type: Article / Article
  • Volume: 22 Issue: 1
  • Publication Date: 2018
  • Doi Number: 10.18505/cuid.359818
  • Journal Indexes: Emerging Sources Citation Index (ESCI), Scopus, TR DİZİN (ULAKBİM)
  • Page Numbers: pp.233-257
  • Keywords: Islamic Law, Hanafi School, Majalla al-Ahkam al-'Adliyyah, The Intra-School Prefence, Preferred (rajih) opinion, The necessary reasons (Asbab al-mujiba), Kitab al-Buyu
  • Bursa Uludag University Affiliated: No


The intra-school controversies in Hanafi school are remarkable. These controversies pose a risk for legal safety and stability and creates difficulties for muqallid Hanafi judges and muftis. In the historical process, different types of literature such as mukhtasar and fatwa (legal opinion) books, and applications such as assah-i aqval and ma'rudhat, emerged to solve this problem. One of the last example of these applications is the codification movement. The subject of this study is the relationship between the Majalla al-Ahkam al-'Adliyyah, which is the first product of codification based on fiqh (Islamic jurisprudence), and the intra-school preference. In order to describe this relationship, it is briefly emphasized that one of the aims of codification of Majalla is to satisfy the need for intra-school preference. The function and content of Majalla's necessary reasons (asbab al-mujiba) was analyzed in terms of intra-school preference. The interventions on the preferences of the Majalla Commission are also emphasized. The Majalla is a text of the intra-school preference. The analysis of its content in relation to intra-school preference is very important. Therefore, in order to reveal what kind of method is used in intra-school preferences and to determine different aspects of intra-school preference in the Majalla, the chapter about 'sale' (Kitab al-Buyu) of the Majalla are examined.