Özet:

Fiqh tendencies, which started in the second century Hijri with the mujtahid imams, turned into sects over time. Later, each sect developed its own fiqh view and the sect's fuqaha wrote the fiqh books of their own school. Ebü'l-Hasen Burhanüddîn Ali b., one of the jurists belonging to the Hanafi sect. Abi Bakr b. Abdilcelîl el-Fergânî el-Merğînânî's (d. 593/1197) work called "el- Hidâye" is one of them. Merğînânî's work named "el-Hidaye" was compared with Kuduri's el-Muhtasar and Imam Muhammed b. It is the commentary of the text Bidâyetü'l-Mübtedi, which Hasan al-Şeybânî wrote by bringing together the existing issues in his el-Camiu's-Sağir. As in many fiqh books, this work includes the views of the Hanafi sect as well as the views of other sects. One of the jurists that Hanafis refer to in their works and express their opinions is Imam Shafii. Merghînânî also mentions the views of Imam Malik and Imam Shafi'i in al-Hidaya. But Ahmed b. It does not refer to Hanbal's views. Imam Marghinani, who holds an important place among Hanafi jurists, made a name for himself within the sect with his work called "al-Hidaye". Merghinani includes the views of Imam Muhammad, Abu Yusuf and Zufar from the sectarian scholars, especially Abu Hanife, but he also mentions the views of Imam Malik from time to time, although Imam Shafi'i is the dominant one. The main subject of our thesis is to compare the views that Mergînânî attributes to Imam Shafi'i with Shafi'i fiqh books in the context of the Qisas section and to point out the correct and incorrect ones. Our aim here is not to find mistakes in Mergînânî's work. On the contrary, it is to protect those who want to apply Shafi'i views in the content of this work, which has a very important place in scientific research, from making mistakes. In our study, we tried to determine Imam Merghînânî's views that he attributed to Imam Shafi'i in his work called "el-Hidâye", specifically in the Qisas section, in the reliable sources of the Shafi'i sect, especially in Imam Shafi'i's work called "al-Umm". As a result, we have identified 17 of the views that Merğînânî attributed to Imam Şâfiî in the retaliation section of his work called "al-Hidâye". He was correct in 13 of these views and made mistakes in 4 of them. The reasons why jurists convey the views of another sect incorrectly or incompletely are that they are unaware of the changes and innovations that have occurred in the sect in question to which their views are attributed, that they misunderstand the concepts used by the sect, that they attribute the view of one sect to the entire sect, and that each sect's defenders are trying to highlight their own sect and other It stems from misrepresenting the view of the sect. One should not quote an opinion of one sect from a source of another sect. Even within each sect, there are disagreements with each other. Therefore, it is best to learn the opinion of each sect whose opinion is wondered from its main source.

Anahtar Kelimeler: