A COMPARİSON BETWEEN TWO EXEGETİCAL CLASSİCS: ABU’L-BARAKÂT AL-NASAFÎ AND ADUDİDDÎN AL-ÎJÎ ON TEBENNÎ (ADOPTİON) VERSES OF THE QORAN
Journal: JOURNAL OF NAMIK KEMAL UNİVERSİTY FACULTY OF TEOLOGY (Vol.3, No. 2)Publication Date: 2017-12-15
Authors : Hasan HALİLOĞLU;
Page : 271-308
Keywords : Tebenni/Adoption; Babalık/Paternity; Son; Foster son; Wife; Kinship; Ownership; Marrige; Divorce; Slave; Small girl; Orphan; Foundling waif; Repeal; Testament will; İnheritance science.;
Abstract
Adoption in the context of law; is used to mean "to assign a child to someone other than his own father, to call it on his behalf and to save it for his own population". Because of the Ahzab verses 33/4, 5, 37, 40 of the Qoran and the practice of the Prophet (peace be up on him) on the sacrificial slave Zeyd is very clear, there is no dispute among the sects as to the necessity of having a child known only to his own father and forbidding to be compared to another father. As a natural consequence of this; it is clear that Abu'l-Berekât al-Nasafi (d. 710/1310) a Hanafî scholar and commentator, and Adudiddîn al-Îcî (d. 756/1355) a Şâfiî scholar and commentator agree with their sects/factions. However, the dispute between the two factions and the two sectarian sects; a- are slave children, and b-lakît (idle, lost, abandoned, and found) children, as well as paternity claims on children of unknown fathers who can not be compared to other fathers or who find them. There is valuable work already done on "adoption". However, since we will deal with Nesefî and Îcî in our article, it will be seen that different views between the two and the sects are emerging
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