Özet:

The mujtahids of the ashabu'l-wujuh have a great importance in Shafi'i Fiqh. Because it is accepted that these mujtahids have existed since Imam Shafii. Therefore, they have had a great role and influence in the Shafi'i sect with their positions and their views, especially in the emergence and development of the Shafi'i sect. İstahri, who is regarded as one of the Companions who concentrated on the science of fiqh after taking lessons in Islamic sciences, one of the mujtahids of the period, participated in the scientific education of many mujtahids, especially the Baghdad Shafi'i jurist Enmati (d. 288/901), and attracted the attention of the scholars with his intelligence as well as his ability to comprehend fiqh issues. Because of this, Istahri was praised and complimented by the mujtahids. Thanks with his knowledge of fiqh, he was appointed “qadi” by the caliphs of the period to decipher the sharia conflicts that were deciphering among the people in Qom Province, one of the important religious centers of Iran, and in Sicistan, which is now the border region between Iran and Afghanistan. He was appointed to Baghdad, which is one of the centers of science, culture and history of the Islamic world, as "muhtasib" in order to supervise public morals and public order. In the biography sources, which include the life of İstahri, it is stated that he wrote more than one book, especially in the field of fiqh. A tidy book containing this ijtihâd views has not reached our day -as far as it can be seen-. However, it has been found that his ijtihad views are included in many sources of the Shafi'i school. Although İstahri mostly agrees with the views accepted as muftâ bih in the madhab by Rafi al-Kazvini (d. 623/1226) and Nevevi (d. 676/1277), it has been seen that he put forward different views by acting against the madhab on some issues. Undoubtedly, İstahri's knowledge of debating, strong use of evidence method and effective use of ijtihad have a great role in this. Istahri's different views, which enriched the sect, were considered remarkable in terms of ijtihad, although they were criticized by the Shafi'i scholars and these views are mainly of Mâverdî's (d. 450/1058) al-Havi'l-kebir, Şîrâzî's (d. 476/1083) al-Muhezzeb, Cüveynî's (d. 478/1085) It has been mentioned in many Shafi'i fiqh works, especially his Nihayat al-matlab. Moreover, it cannot be said that his ijtihâdi reputation was limited only to the sect of which he was a follower. Because the views and preferences put forward by Istahri have been examined in many works that are subject to classification in a mukaran way, as well as the fiqh sources of the Maliki, Hanbali and Zahiri sects, especially the Hanafi sect. In this study, after briefly mentioning the life and scientific personality of İstahri, who is considered as one of the leading fuqaha of the third generation, who is evaluated in the category of "ashâb al-wücûh" in the order of Shafi'i mujtahid, some of his opinions against the sect will be examined in the axis of worship. With the study in question, the motives that led Istahri to oppose the sect he is a follower of will be determined and his fiqh aspect will be revealed.

Anahtar Kelimeler: