AHKÂM-I HAMSENİN KÖKENİ VE İLK DÖNEM FIKIH USûLÜ LİTERATÜRÜNDE GELİŞİMİ ÜZERİNE
josepht Schacht, a well-known orientalist claims in his studies that although Islamic law generally is based on Islam, it sometimes contains nonIslamic materials. It this direction, one of his claims is that al-ahkâm alkhamsah (in other words al-ahkâm al-taklifiyye) in Islamic jurisprudence is recei...
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| Format: | Article |
| Language: | English |
| Published: |
Çorum Çağrı Eğitim Vakfı
2008-03-01
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| Series: | İslami İlimler Dergisi |
| Subjects: | |
| Online Access: | https://dergipark.org.tr/tr/download/article-file/4414353 |
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| Summary: | josepht Schacht, a well-known orientalist claims in his studies that although Islamic law generally is based on Islam, it sometimes contains nonIslamic materials. It this direction, one of his claims is that al-ahkâm alkhamsah (in other words al-ahkâm al-taklifiyye) in Islamic jurisprudence is receipted from stoic philosophy. In this study, the progress of al-ahkâm al-khamsah in early usul al-fıqh literature is studied. A process is observed in the definition and formation of concepts and its classification. In addition, having considered the difference of method between tradition of al-mutakallımun and fuqaha, it is observed that al-ahkâm al-khamsah has the originality. On the other hand, it is hard to find out the similarity of alahkâm al-khamsah and its prototypes in the works of general and special stoic philosophy and this also confirmed this conviction. |
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| ISSN: | 1306-7044 |