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Al-Dabūsī and Al-Ghazālī’s Opinions in the Evidence to Sharia Provisions in Islamic Law Methodology

Journal: The Journal of Near East University Faculty of Theology (Vol.6, No. 1)

Publication Date:

Authors : ;

Page : 95-130

Keywords : Islam; Law; Legal Methodology; Judgment; Evidence; al-Dabūsī and al-Ghazālī.;

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Abstract

After the death of the Prophet, new issues emerged, and Muslims had to live with new cultural circles. For this reason, there have been great increases in the operational issues related to the religious-legal field and the ijtihad activity has gained a new momentum. For this reason, it is very important to express the Islamic Law Methodology well, in order to understand and live Islam correctly. The aim of the study is to serve this purpose by comparing two different schools of Islamic Law Methodology. This study focuses on the evaluation of the evidential judgments and the information to be obtained from this assessment in the Islamic Law Methodology of two great scholars, al-Dabūsī (v. 430/1038) and al-Ghazālī (v. 505/1111). In addition, the lives, periods and works of the authors were also examined. Al-Dabūsī and al-Ghazālī's proofs of the provisions; The Book will be examined based on Sunnah, Ijmā and Qiyas, based on Taḳvîmü'l-edille and al-Müstaṣfâ. Within the sect of each author, the views of scholars who think differently about the subject will also be mentioned. In the study; although al-Dabūsī and al-Ghazālī ally in the original evidence of the Islamic Legal Methodology, it is seen that they disagree under the subtitles in line with their views. However, these views of the authors make a great contribution to the better understanding of the methods of Fuqahâ and Mutaqallim and the interpretation of Islamic Law Methodology in accordance with today's world.

Last modified: 2020-07-20 05:28:46