Hukukî Görüş Ayrılıkları (İhtilâf) ve Hilafa Riayet (Mürââtü’l-Hilâf) İlkesi Konusunda Şâtıbî’nin Yaklaşımı

The Legal Disagreements (Ikhtilâf) and Shatibi’s Approach to the Principle of the Murâat Al-Khilaf

Özet

The legal disagreements (ikhtilâf) are a natural and historical fact of the improving process of Islamic Legal history. So that, in its formation period it has been considered as a part of Islamic sciences. And for this reason, the knowledge of these very legal disagrements (ikhtilâf) have been deemed as a necessary condition for giving a fatwa or legal decision. Neverthless the legatimate of legal disagreements (ikhtilâf) have been interrogated by some legal scholars and legal schools. In this regard, one of the critisizing figure was Shatibi. He critisized the legal disagreements (ikhtilâf) and the principle of the murâat al-khilaf which is one of the legal sources of Malikite legal school. In critisizing this very principle he mainly based his argumentation on the premise of the definitness of the legal theory (usul al-fiqh).

The legal disagreements (ikhtilâf) are a natural and historical fact of the improving process of Islamic Legal history. So that, in its formation period it has been considered as a part of Islamic sciences. And for this reason, the knowledge of these very legal disagrements (ikhtilâf) have been deemed as a necessary condition for giving a fatwa or legal decision. Neverthless the legatimate of legal disagreements (ikhtilâf) have been interrogated by some legal scholars and legal schools. In this regard, one of the critisizing figure was Shatibi. He critisized the legal disagreements (ikhtilâf) and the principle of the murâat al-khilaf which is one of the legal sources of Malikite legal school. In critisizing this very principle he mainly based his argumentation on the premise of the definitness of the legal theory (usul al-fiqh).