EN
TR
The Problem of Using ʾijtihād Out of Its Context With Current Examples
Abstract
While determining the verdict of the new fiqh problems brought about by today's life conditions, the texts (naṣṣ) are accepted as the main source of authority, but mostly the inheritance of the fiqh is also used. In fact, it is a method that has been practiced since the earliest times to apply the ruling of an issue that is assumed to be correct to a similar issue encountered later or to use it in the construction of a new provision. In order to achieve a successful result with this method known as takhrīj, the nature and social context of the subject of ʾijtihād should be determined as well as the evidences of the ʾijtihād. In the same way, the factual and social contexts of the new issue should be investigated, and the situation of similarity and contrast with the issue to which it is associated should be revealed. Adapting the jurists' ʾijtihād and fatwās to new prob-lems without considering these issues may lead to the emergence of provisions that they will not accept. Given the significant transformations in all aspects of life over this century, the importance of being sensitive to context when seeking solutions to contemporary issues from our fiqh inheritance has become increasingly paramount. However, encountering context-based problems in the provisions produced for many new issues shows that this issue is not given enough importance. Therefore, it is crucial to maintain the topic’s presence on the academic agenda through independent studies. In this investigation, which examines the primary reasons for the decontextualized application of the ʾijtihād provisions, attempts have been made to emphasize the issue under consideration through four distinct examples. During the research, it was determined that there are three primary origins of decontextualization of the ʾijtihād provisions referenced while determining the verdict of new issues. The first of these is the tendency to take advantage of the power of fiqh inheritance to justify religiously unlawful acts. In this approach, there is no concern about adhering to any doctrine, and there is no harm in using conflicting views of more than one sect when needed. In this method, in which a kind of the talfīq process is carried out, the resulting ruling sometimes does not comply with the paradigm of any of the sects referenced. For example, taking the ʾijtihād of the Mālikī school of thought regarding the cleanliness of a dog, and the ʾijtihād of the Ḥanafī school of thought regarding the permissibility of buying and selling dogs in general, and then claiming that it is permissible (mubāḥ) to buy a dog for the purpose of keeping it as a hobby, is not an acceptable ruling from the point of view of the approaches of the two sects. Because these doctrines that are cited do not allow the acquisition of dogs except for tangible purposes such as hunting and guarding. The other main reason for the contextual problems that arise while making use of the fiqh inheritance is the insufficient analysis of the new issue or the associated source issue. The marriage of young children can be given as an example of this problem that arises as a result of misreading the era or the text. The Ḥanafis, Mālikis, Shāfiʿis, and Ḥanbalis gave the guardians the aut-hority to make decisions on this issue. In ancient times, when life was monotonous, marrying young children by the guardians to suitable candidates was considered to be in their interest. In the current social and economic conditions, such decisions regarding minors may lead to a spiral of problems for them in the coming years. At present, if the marriage of minors, contrary to expectations, leads to results that conflict with the interests of the minor, it would not be appropriate for the guardian to use this power. The third source of context problems is the assumption that the ʾijtihād provisions in the fiqh sources are valid for all periods. In this approach, which is in question in traditionalism, the context is deliberately abandoned. The fact that the ʾijtihād that excludes the wife's medical expenses from the husband's responsibilities is still exists today is a result of this approach. Most of the fuqahāʾ did not consider treatment a basic need, based on its function in their period, and therefore they did not include it in alimony. The successes achieved today in treatment methods require that treatment be considered a necessity. Ignoring this change that occurred in the nature and type of medical treatment and freezing the opinion transmitted from jurists means abandoning the realistic context of ʾijtihād.
Keywords
Kaynakça
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Ayrıntılar
Birincil Dil
Türkçe
Konular
Hukuk ve Din
Bölüm
Araştırma Makalesi
Yazarlar
Hüseyin Baysa
*
0000-0003-0406-1102
Türkiye
Yayımlanma Tarihi
30 Aralık 2023
Gönderilme Tarihi
21 Ağustos 2023
Kabul Tarihi
10 Aralık 2023
Yayımlandığı Sayı
Yıl 1970 Cilt: 23 Sayı: 2
ISNAD
Baysa, Hüseyin. “Güncel Örneklerle İctihadın Bağlamı Dışında Kullanılması Problemi”. Marife Dini Araştırmalar Dergisi 23/2 (01 Aralık 2023): 303-324. https://doi.org/10.33420/marife.1347520.