MUSTAFA ŞEREF AND HIS ARTICLE OF “PUBLIC LAW ACCORDING TO FUKAHA” (Evaluation, Simplification And Transcription)

Islamic law include a peculiar originality according to other laws in terms of contents, and classification because Islamic law is based on revelation. The classical fiqh literature does not discriminate between the realand the judicialpersons, it does build the system based on the duty-based, not the rights-based. Inthisrespect, there is no distinction between public law and private law in the classical of fiqh.It has been debated why classical fiqh literature is not classified as publiclaw since the 19th century. One of the jurists who participated in this debate is Mr. MustafaSeref, a lates cholarands tatesmen.This article willbriefly be mentione dabout the science of fiqh and then a short article of Mr. Mustafa Şeref will be simplified and transcribed.