Abstract:

The work of Burhâneddin el‐Merğinânî, one of the notorious Hanafi canonists who grew up in Maveraünnehir, named el‐Hidâye, has been very popular and many studies has being done on it. al‐Hidâye has also included Imam Shafi'i's views in addition to Abu Hanifa, Imam Muhammad, Abu Yusuf and Imam Züfer's comments. In the work, the opinions of the mentioned imams have given with their supports. In this study, we determined the differences of Imameyn (Abu Yusuf and Imam Muhammad) against Abu Hanifah by taking into account the Worship and Marriage sections in al‐Hidâye, then we put forward the reasons of different opinions and compared them with the views of other sect imams. Undoubtedly, the scholars of the sects have brought many evidences. We aimed to find the views that are more likely to be muftâ bih / preferred by identifying these evidences as much as possible and comparing them with the views of other sectarian scholars. More generally, our aim is to show that the Islamic Law does not have a static structure and the provisions change due to the change of time and conditions but this change is realized in accordance with a method. As a result of our research, we have seen that the subjects which İmâmeyn has merged with other sect imams are too many to be underestimated. Today, Imameyn's views that in force as muftâ bih are accepted and adopted in various fatwas.

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