“Islamic legal theorists methological approaches to principle of al-ibra bi umum al lafz la bi khusus al sabab in understanding of Qur'an”

OMER KARA

Abstract Of Title

Kara, Ömer, Islamic Legal Theorists' Methodological Approaches to Principle of 'al-İbra bi Umûm al Lafz lâ bi Husfis al Sabah' in Understanding of Our'ân. Ph. D. Thesis, supervised by Prof. Dr. Mehmet Paçacı, XXVIII-298 pages. "It is concidered that to generalization of word/speech not to particularisation of reason" (al-ibra bi umûm al lafz lâ bi husus al sabab) is a principle which to be refered to him itself in understanding and interpreting of general-sacred text (nass) which revealed on a reason (sabab). Methodological details of this principle are discussed abstractly and concretely in Islamic Legal Theory (usûl al-fiqh). One of elements which are important in understanding of the principle is fixing of its conceptic and terminological field. "Speech (hitap), text(nass), composed text (nazın), word (lafız), sentence (kelâm) ve reply(cevâp)" are main concepts for first side of the principle (ıımûmıı'1-lafz). "Indipcndcnt speech" and "dependent speech" is too secondary concepts for it. İn second side of it there are concepts of "reason of obligation" (sabab al/vücûb), "reason of reveleation" (sabab al- nüzûl), and "question" (suâl) as main concepts. Secondary concepst for this side are "general" (âmm), "particular(khâs)" and "equal (müsavi)". Those first and secondary concepts are dealt with in first section of this thesis. This principle is named as "principle of legal theory" (kaide al-usûl) not as "rule (asl), general principle (kaide al-amma), particular principle (kaide al-khassa), juristic principle (kaide al-fiqh). The principle is discussed as "general which revealed according to a reason" in usûl al-fiqh literatüre in historical process. This principle is discuss as a problam of general (âmm). There are different classifications for this principle. Its problematic is that: 'is consideration to generalisation of word or to particularisation of reason. Those all topics are taking up in second section of thesis. As methodologically the subject is classified to three kinds. They are "reason of obligation-text" (sabab al-vücûb-nass), "reason of reveleation-speech" (sabab al-nüzûl- hitap), and "question-answer" (süâl-cevâp). Kind of "reason of obligation-text" (sabab al- vücûb-nass) deals with connection between text and his cause (illat). Kinds of "reason of reveleation-speech" (sabab al-nüzûl-hitâp), and "question-answer" (süâl-cevâp) are deal with problem of particularisation of âmm with this question or reason of revelation. For this last two are two views: "Generalisation of word" or "particularisation of reason". While most of legal theorists adopt generalisation of word, particularisation of reason is attributed to al-Şâfi'î and some scholars. This topics belongs to third section.

Information Of Title

Lnaguage: Turkish - Type: Thesis - Number of pages: 328 - Date: 2001 - Country: TR