AHKÂM-I HAMSENİN KÖKENİ VE İLK DÖNEM FIKIH USûLÜ LİTERATÜRÜNDE GELİŞİMİ ÜZERİNE

Authors : Adnan Koşum

Pages : 106-123

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Publication Date : 2008-03-30

Article Type : Research Paper

Abstract :josepht Schacht, a well-known orientalist claims in his studies that alt hough Islamic law generally is based on Islam, it sometimes contains non Islamic materials. It this direction, one of his claims is that al-ahkâm al khamsah (in other words al-ahkâm al-taklifiyye) in Islamic jurisprudence is receipted from stoic philosophy. In this study, the progress of al-ahkâm al-khamsah in early usul al-fıqh literature is studied. A process is obser ved in the definition and formation of concepts and its classification. In addition, having considered the difference of method between tradition of al-mutakallımun and fuqaha, it is observed that al-ahkâm al-khamsah has the originality. On the other hand, it is hard to find out the similarity of al ahkâm al-khamsah and its prototypes in the works of general and special stoic philosophy and this also confirmed this conviction.
Keywords : al ahkâm al khamsah, al mutakallımun, fuqaha, stoa