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Abstract


The Historical Effect of the Transformation from Fıqh to Law

In this study, the conceptual development process of the concept of "Fiqh" is explained. This process includes the transformation of fiqh into the concept of Islamic law and its becoming one of the sub-concepts or sources of law in the following process. The change in the nature of the concept of fiqh is explained by making the definitions of the concepts of law and Islamic law and by including the relationship between them. With the beginning of the teaching of sciences in the second century of the Islamic calendar, the rules of taught in the science of fiqh began to be determined and fiqh books were written in which the subject, nature and purpose of the science of fiqh were revealed. This development in the science of fiqh entered into a halt in the middle of the fourth century. The stagnation period was the period when the door of case law was closed. With the collapse of Baghdad and the weakening of the Abbasid authority in 656, the era of imitation in fiqh began. In the period of imitation that lasted until the 20th century, fiqh started to lose its influence on the society. Especially the Ottoman Sultan III. Selim The innovations brought under the influence of the west during his period and the establishment of western-style institutions and schools in the process following these innovations started to create the western admiration. The influence of fiqh in the social and political structure of the Ottoman Empire decreased with the effect of the admiration of the West. Western ideologies have increased their influence. There is a parallelism between the fact that the course of the Muslim people, who have a historical choice between madrasah and school in education, is in the direction of the school, the fiqh is seen as a source of law and is inferior to the law, and the madrasa is considered inadequate from the school regardless of the reasons for corruption and the stagnation in fiqh. In the study, the parallels between the orientation to the west, the establishment of western-style education schools and the inferiority of fiqh to law are explained. The fact that the science of fiqh, which is the subject of the decrees in religion, has not developed, reduces the influence of religion in the society, and causes social ignorance and unrest in moral and spiritual issues. Today, Muslims living in the Islamic geography are in a state of war and quarrel, although they should unite in their Islamic ideals. The purpose of this article is to explain the common relationship between the stagnation of the science of fiqh, its loss of influence, the narrowing in its meaning and the westward orientation, and to reveal the superiority of the divine legal system originating from the religion of Islam by increasing the studies in the field of fiqh, giving importance to fiqh education and ensuring the development in fiqh.



Keywords
Fiqh, Law, Government, Legislation, Medresseh



Kaynakça

Gelişmiş Arama


Duyurular

    YENİ SAYI CİLT:4 SAYI:4 YAYINDA

    Dergimizin yeni sayısı (Cilt:4 Sayı:4) yayınlanmıştır. 

    Açık erişim ve kör hakemlik sistemi ile bilimsel yayın yapan Gelecek Vizyonlar Dergisinin 2020 Aralık sayısı (Cilt:4, Sayı:4) beş makale ile yayınlanmıştır. 2021 Mart sayısı için makale kabulü devam etmektedir.



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