Özet:

In this article, the approach of Ibn al-Sââtî (d. 694/1295), who is the author of the first usûl work written with the mamzûc (mixed) method within the tradition of fiqh methodology, to the theory of judgment has been examined. In Ibn al-Sââtî’s “Nihâyat al-Wusûl ila Ilmi al-Usûl” used the book “al-Usûl” by Fahr al-Islam al-Pazdawi (d. 482/1089), which is considered one of the main fiqh books written according to the fuqaha’s method, and the work “al-Ihkâm” by Seyfeddin al-Âmidî (d. 631/1233), which is considered one of the main sources of the method of mutakallimîn. He took the preferred views of both methods into his work and criticized them at points that he found wrong. Although he took the general outlines, arrangement and many definitions of his work from al-Âmidî, he also made use of the al-Usûl of the al-Pazdawi, one of the main works of the Hanafi sect to which he belonged. Since the science of usûl al-fiqh deals with the methods of obtaining the decrees from the shari‘ah evidence, and the science of fiqh, the knowledge and application of these provisions, the concept of judgment has an important position in these disciplines and is independent of the subject of evidence, which is an independent section in the works of fiqh methodology and has been examined in detail under the heading of provision. Ibn al-Sââtî examined the theory of judgment and related issues in accordance with his own writing style and made some choices in the context of the subject. In this study, it has been tried to determine which method, as fukahâ and mutakallimîn, was affected in his views on the provision and related issues and in shaping their theoretical background. In this way, it has been possible to make some inferences about his thoughts on fiqh method, in particular his preferences and approaches on a specific subject. In the study, both the sources that Ibn al-Sââtî took as a reference and different sources were used from the works written on the method of fukahâ and mutakallimîn. In this way, it has been tried to follow a comparative method and to reveal exactly which direction Ibn al-Sââtî's preferences on the ruling and related issues are.

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