Akademik Veri Yönetim Sistemi
Cumhuriyet Dental Journal, cilt.23, sa.2, ss.609-629, 2019 (Scopus)
Al-Qadi Husayn al-Marwarrudhi is one of the important representatives of Khurasan Shafi'i School. Al-Ta'lika is his famous work, which is one of the first commentaries of al-Mu-zani's Mukhtasar. One of the important features of this work is the introduction to some of the subjects of ijtihad (process of juristic legal reasoning), taqlid (acting upon the word of another without asking for specific proof), ijma' (consensus of jurists) and view's of the com-panions of the Prophet. The first systematic, complete and detailed works of usul al-fiqh (Is-lamic legal theory) that belonged to the Khurasan Shafi'i School have reached to the present day belong to the second half of the V./XI. century. Making research on the studies which were done about usul al-fiqh and formed the basis of this period is essential to follow the develop-ment of usul al-fiqh of the Khurasan Shafi'i School. Transfer of the usul al-fiqh in al-Qadi Hu-sayn al-Marwarrudhi's al-Ta'lika make it possible to determine the literature, which was for-med in Khurasan region in the period from the death of Shafi'i to the first half of the V./XI. century until the first half of the Khurasan region, which allows the determination of the usul al-fiqh. In this study, on the basis of ijma', al-Qadi Husayn al-Marwarrudhi's method in al-Ta'lika will be examined. Summary: Al-Qadi Husayn al-Marwarrudhi is considered to be one of the most important rep-resentatives of the Khurasan Shafi'i School. In addition to receiving fiqh education from al-Qaffal al-Marwazi, who is accepted as the founder of the Khurasan Shafi'i School in Shafii fiqh circles. Al-Qadi Husayn, one of the most distinguished students of al-Qaffal al-Marwazi, has become one of the important bearers of the fiqh heritage of Khurasan Shafi'i School. The fact that the epithet "el-kadi" is used in the works of Khurasan Shafi'i School to absolutely refer to al-Qadi Husayn, is another issue that shows his being authority on fiqh. Al-Qadi Husayn al-Marwarrudhi has accomplished many works in the field of fiqh. The most famous and most important work of al-Qadi Husayn is the al-Ta'lika, written according to the Mukhtasar arrangement style of al-Muzani. He is often cited as the author of the well-known work al-Ta'lika in the sect. Al-Ta'lika, commonly cited in fiqh studies to refer to the views of al-Qadi Husayn, is one of the first commentary on Mukhtasar by Muzani. With these charac-teristics, al-Ta'lika is one of the outstanding manuscripts for exploring the fiqh legacy of the Khurasan Shafi'i School. Another important feature of this text is that usul al-fiqh issues such as ijtihad, taqlid, ijma' and view's of the companions of the Prophet (qawl al-sahabah) have been covered in the introduction of the work. Al-Qadi Husayn discusses the issues of evidentiality and types of ijma' and ijma' of sahabah in the chapter on ijma' in al-Ta'lika. Al-Qadi Husayn also handles the debates on view's of the companions of the Prophet in the section on ijma' of sahabah. It is also seen that the proofs proposed for evidentiality of ijma since Shafii's period became more versatile and differed. The fact that the arguments al-Qadi Husayn cites in the chapter of the evidences of ijma' were also mentioned by his contemporary, al-Mawardi, an Iraqi Shafii jurist, points out the accu-mulation of knowledge in terms of proofs of ijma. Al-Qadi Husayn makes two related distinctions that are fundamentally related to the types of ijma. The first is the division between ijma supporters, those who argue for knowability of ijma, and their opponents. According to this, ijma is divided into two parts as 'amm (general public) ijma' and khass (scholars) ijma'. Opposition to 'amm ijma', such as fardhs (obligati-ons) in prayer, rawatib sunnah (the practice that the Prophet regularly performed) and feast prayer requires kufr (blasphemy). Al-Qadi Husayn, who considers issues such as 'awl (a sha-ring method in Islamic inheritance law), mut'a marriage (a type of temporary marriage) and riba'l-fadl (interest in exchange or sale transactions) which are seen as controversial ijma' issues in literature, as khass ijma' and evaluates opposition to this type of ijma' as fisq (impi-ety). The second division al-Qadi Husayn makes is between ijma' based on the text and appa-rent comparison, and the ijma' based on hidden comparison. Al-Qadi Husayn thinks that the opposition to ijma' that is based on ijtihad or the text in terms of sanad (chain of narrators), requires blasphemy. In a sense, this is to accept ijma' as a provision on an equal basis and to reduce the distinctions of ijma' to literary level. Davut Esit. Al-Qadi Husayn al-Marwarrudhi's Understanding of Ijma Al-Qadi Husayn makes two related distinctions that are fundamentally related to the types of ijma. The first is the division between ijma supporters, those who argue for knowability of ijma, and their opponents. According to this, ijma is divided into two parts as 'amm (general public) ijma' and khass (scholars) ijma'. Opposition to 'amm ijma', such as fardhs (obligati-ons) in prayer, rawatib sunnah (the practice that the Prophet regularly performed) and feast prayer requires kufr (blasphemy). Al-Qadi Husayn, who considers issues such as 'awl (a sha-ring method in Islamic inheritance law), mut'a marriage (a type of temporary marriage) and riba'l-fadl (interest in exchange or sale transactions) which are seen as controversial ijma' issues in literature, as khass ijma' and evaluates opposition to this type of ijma' as fisq (impi-ety). The second division al-Qadi Husayn makes is between ijma' based on the text and appa-rent comparison, and the ijma' based on hidden comparison. Al-Qadi Husayn thinks that the opposition to ijma' that is based on ijtihad or the text in terms of sanad (chain of narrators), requires blasphemy. In a sense, this is to accept ijma' as a provision on an equal basis and to reduce the distinctions of ijma' to literary level. Al-Qadi Husayn also discusses evidentiality of qawl al-sahabah in connection with the issues of ijma'. Al-Qadi Husayn opposes the thesis that ijma' is only limited to companions' era and argues that it can be realized in any century after the Prophet. Al-Qadi Husayn, who discusses sahabah's ijma' under two categories: the views of sahabah that have gained prevalence among other sahabahs and those that have not gained prevalence among other companions, argues for evidentiality of qawl al-sahabah, which have gained prevalence and known not to be opposed. He provides significant information on ijma' discussion in Shafi'i fiqh methods with regard to the evidentiality of this type of qawl al-sahabah, which is referred ijma' al-suquti (consensus based on lack of opposition-silence). The knowledge al-Qadi Husayn cites with regard to the evidentiality of qawl al-sahabah which have not gained prevalence among other sahabahs differs from Mawardi, one of his contemporary, and his predecessors. The fact that he cites Shafi'i's previous and latest views with regard to the state of such qawl al-sahabah in the face of qiyas (legal analogy) enables him to make comparison using usul ma-terial available in his era. Al-Qadi Husayn, who mentions debatable issues among sahabah, makes controversial narrations. While al-Qadi Husayn reports that there is not any conflict on the argument that it is legitimate to express a third view with regard to issues on which sahabah is divided in two groups and fall into conflict, his contemporary al-Mawardi and ot-her Shafi'i jurists report that it is not legitimate to propose a third view on such an issue as there is ijma' on these issues.