From Transoxiana to Ottoman Amasya: Tracing the Evolution of Hanafi Fiqh Through the Commentaries of al-Wiqāyah

Authors : Mustafa Özgür

Pages : 54-78

Doi:10.18498/amailad.1750087

View : 80 | Download : 116

Publication Date : 2025-11-30

Article Type : Research Paper

Abstract :The principle that “The alteration of legal rulings due to the change of time is an established principle that cannot be denied” (ezmānın teğayyürüyle ahkāmın teğayyürü inkār olunamaz), which reflects the dynamic nature of Islamic law, constitutes one of the foundational principles of fiqh. This study aims to demonstrate its practical manifestations beyond mere theoretical articulation. Within this framework, it comparatively analyzes the kitāb al-karāhah (chapter on disliked acts) sections of two commentaries written in different periods on al-Wiqāyah, a seminal text in Ḥanafī fiqh. The analysis centers on Sharḥ al-Wiqāyah by Sadr al-Sharīʿa al-Thānī, representing the 14th-century Transoxianan tradition, and Maḥzan al-Fiqh by the Ottoman jurist Muṣliḥ al-Dīn Mūsā of Amasya, reflecting the 16th-century understanding of fiqh. Although written two centuries apart, these texts serve as original and primary sources for tracing the historical transformation of fiqh, particularly through their methodological, structural, and contextual differences. The results of the comparative analysis reveal that Sadr al-Sharīʿa adheres to the traditional methodology of commentary. His approach exhibits a classical pattern characterized by fidelity to the source text, an emphasis on theoretical discussions, and the systematic presentation of intra-school disagreements. In contrast, Muṣliḥ al-Dīn Mūsā employs the original text merely as a framework, aiming to transform it into a comprehensive, practice-oriented guide. The most distinctive feature of Maḥzan al-Fiqh is the expansion of the scope of fiqh beyond traditional legal norms to encompass new domains. The work encompasses a broad spectrum of topics within the fiqh agenda, ranging from the etiquette (ādāb) of the road and public baths to matters of political ethics, surgical interventions, and codes of social conduct. This approach profoundly transforms both the scope and function of fiqh. The distinctions between the two commentaries go beyond matters of style or detail; they also clearly reveal fundamental differences in mentality regarding the purpose, scope, and social function of fiqh. The findings demonstrate that fiqh is a living tradition, reconstructed in every generation, and that this tradition cannot be evaluated independently of the historical, social, and political context in which it is formed. The research also concretely demonstrates the explanatory power of micro-level textual analyses for understanding the historical and societal transformation of fiqh.
Keywords : Fıkıh, , el-Vikâye, , Karşılaştırmalı Metin Tahlili, , Şerh Geleneği, , Kitâbu'l-Kerâhe

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