Abstract:

Islamic scholars have discussed the fatwa method in various fiqh sources. There are works of fiqh methodology among the first sources in which the fatwa method was born and developed. In this respect, the place and development of the fatwa method has been discussed in the context of the fiqh methodology literature. In this study, works related to four Sunni sects are considered as the basis. As it is known, the works of fiqh methodology are divided into two parts according to the method of copyright, namely, fuqaha and mutakellim method. Works written according to the Fukaha method such as el-Fusûl fi’l-usûl, Takvîmu’l-edille fî usûli’l-fıkh, Usûlü’s-Serahsî, Mîzânü’l-usûl fî netâici’l-‘ukûl were carefully scanned. Works prepared according to the Mutakallim method were also carefully reviewed. Within the framework of the In the Malikî madhhab framework, works such as İhkâmü’l-fusûl fî ahkâmi’l-usûl, Îzâhu’l-mahsûl min Burhâni’l-usûl and el-Mahsûl fî usûli’l-fıkh were investigated. The books written by Shafii faqihs, such as Fakîh ve’l-mütefakkih, Şerhu’l-Lüma‘, Kitâbu’t-Telhîs, Kavâtıʻu’l-edille fi’l-usûl, el-Mustasfâ was carefully studied. Likewise, the sources named Risâle fî usûli’l-fıkh, et-Temhîd fî usûli’l-fıkh, Ravzatu’n-nâzır and cünnetü’l-münâzır, which were written in Hanbali scholars, were at the center of the study. As a result, it is determined that the fatwa method is mostly discussed within the framework of ijtihad and imitation.

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