Browsing by Author "Kacir T."

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    The value of method of analogical reasoning (qiyass) concerning knowledge and deeds; [Usûlî kiyasin bilgi ve amel değeri]
    (Cumhuriyet University, 2016) Kacir T.
    The value of knowledge and deeds of the methodology of the reasoning defined such as "due to they have a common effective cause ('illa), the provision of principle (asl) is given to the branch (far')" has been the subject of debate from the first period. That is, on the one hand there are some who reject the method of analogical reasoning by saying that although the authority of legislation belongs to Shari'only, this method is to make legislation in the religion and that its value in knowledge is condemned as conjecture by the injunction (nass). They also put forward some arguments as well. However, on the other hand the majority accepts the method of reasoning as an essential and shari (religious) argument. This study will not compare the opinions of those who reject qiyas and that of those who approve it. By means of religious and rational evidences this study will deal with that the method of analogical reasoning is not a rational effort simply, that the knowledge gained by it is not a conjecture criticised by the injunctions, that it is the highest ranking conjecture based on the proof, and that it is sufficient to practice in the field of law. After a general frame is drawn about qiyas, this article has been limited with the place of qiyas in the hierarchy of evidence and its value concerning knowledge and practice. This article wants to clarify the discussions related to the value of knowledge and deeds of the methodology of the reasoning. © 2016, Cumhuriyet Theology Journal.
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    The historical development of an lex: Need, general or particular, is dealt with as to meet necessity; [Bir kaidenin serencami: Hâcet umumi olsun hususi olsun zaruret menzilesine tenzil olunur]
    (Cumhuriyet University, 2016) Kacir T.
    In the fatwas given today related to whether individual or social life, the area of jawaz either has been very wide or very narrow. Those, who feature the behavior making prohibited things lawful, have nearly defined even necessity within the pragmatism on the basis of need and they keep the area in question very wide. On the other hand, those who confine the evidence of maslaha to a methodological principle, have nearly disregarded needs in solving individual and social problems. Whereas, in the fiqh, the needs have been categorized as necessary/daruri, human want/haji and making beautiful/tahsini, and many principles have been constructed for taking stock of them. One of the principles is the lex of "Need/al-Haje, general or particular, is dealt with as to meet necessity/al-Darura." When it is determined how this lex has come out since the first period and its conditions in the context of implementation are determined, it will be come out that necessary cannot be reduced to need. In the same way, it will be come out that the maslaha is not an evidence disconnected with life. So, in the article, we will discuss the concepts of necessary and need. Then, we will show what the conditions to be considered in implementation of this lex are, what its base is in the sharia, how it has come out since the first period, and how it has been used in actual issues of the fiqh as well as in a specific example. Thus, with this study, we purpose to contribute to the solution of the actual issues of the fiqh. © 2016, Cumhuriyet Theology Journal.
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    Describing lawful rule according to khitāb of the god; [Şer'î hükmün hitabullah üzerinden tanimlanmasi]
    (Cumhuriyet University, 2018) Kacir T.
    The subject "rule", which is one of the most fundamental issues of the Islamic legal theory (usūl al-fiqh), has been in the center of methodological debates. There is one important term in this regard, which should be studied very carefully: Khitāb (speech) of the God. It is because that, especially since the first period of Islam, it has been taken with some significant terms in the field of Kalām such as Husn (pretty; good), Qubh (ugly; evil), and the quality of God's talk. Yet, adopting this term in the description of the "rule" shows that Fiqh is based on divine inspiration, and it also emphasizes that even though there are some differences in details, wisdom of human being is not ignored when adjudicating. Moreover, it suggests that the validity or methodological accuracy of the "rule" which is adjudicated with ruling case is related to the connection through the term speech or divine inspiration. In this regard, Kalām dimension of the term and its affect to legal theoretical discussions are very important in terms of historical process of the definition of the "rule" in Islamic law. In this study, I tried to examine whether or not the term "khitāb of the God" which is used in the definition of the "rule" formed a limitation for consideration of legal evidence in Islamic law and if there is any limitation for the legal evidence regarding being only in the Qur'ān and the Sunnah due to this definition. © Published by Sivas Cumhuriyet üniversitesi, Ilahiyat Fakültesi / Sivas Cumhuriyet University, Faculty of Theology, Sivas, 58140 Turkey.; Fikih usûlünün en temel meselelerinden biri olan hüküm konusu, usûl tartişmalarinin mihenk noktasini oluşturur. özellikle ilk dönemden itibaren hüsün ve kubuh meselesi ile Allah'in kelam sifati başta olmak üzere kelamî eğilimlerle birlikte ele alinarak değerlendirilmeye tabi tutulan hükmün tanimindaki "hitabullah" kaydinin araştirmaya değer bir konu olduğu muhakkaktir. Zira hükmün tanimindaki bu kayit, fikhin menşeinin vahiy olduğunu ve hükme ulaşmada beşer aklinin ötelenmediğini -detaya yönelik farklilik olsa da- vurgulamakla birlikte içtihat ile elde edilen hükmün geçerliliğinin/şer'îliğinin ancak ilahî iradeyi temsil eden hitap kavrami/vahiy üzerinden kurulacak irtibata bağli olduğunu ortaya koymaktadir. Bu bağlamda tarihi süreç içerisinde hükmün nasil tanimlandiği, hitabullah kaydinin kelamî boyutu ve bu kaydin usûlî tartişmalara yönelik etkisinin ne olduğu büyük bir önem arz etmektedir. I˙şte bu makalede biz, tarihi süreç içerisinde hükmün nasil tanimlandiğini ortaya koyarak hükmün tanimindaki "hitabullah" kaydinin şer'î delillere yönelik herhangi bir sinirlama getirip getirmediğini ve hükmün şer'îlik vasfinin nassin nazmi ile sinirli olup olmadiğini araştirmayi hedeflemekteyiz. © Published by Sivas Cumhuriyet üniversitesi, Ilahiyat Fakültesi / Sivas Cumhuriyet University, Faculty of Theology, Sivas, 58140 Turkey.