The Theory of Contradictory Narrations in Hanafi Legal Theory in The First Five Centuries


Turhan H. I.

CUMHURIYET ILAHIYAT DERGISI-CUMHURIYET THEOLOGY JOURNAL, cilt.21, ss.1825-1872, 2017 (ESCI İndekslerine Giren Dergi) identifier identifier

  • Cilt numarası: 21 Konu: 3
  • Basım Tarihi: 2017
  • Doi Numarası: 10.18505/cuid.344405
  • Dergi Adı: CUMHURIYET ILAHIYAT DERGISI-CUMHURIYET THEOLOGY JOURNAL
  • Sayfa Sayıları: ss.1825-1872

Özet

The schools of fiqh applied different methods to eliminate contradictions between narrations. In fact, this difference in methodology directly led to fiqh disagreement. Thus, a school explains within the framework of its own procedural system which of the contradictory narratives it uses as evidence, the reason for using this narrative, how they interpret other narrations about the subject or the reason for not using these reports as evidence. This article aims to chronologically examine the theory that the Hanafi developed about antithetical narratives based on 'Isa ibn Aban, al-Karkhi, al-Jassas, al-Dabasi, al-Pazdawi and al-Sarakhsi. Moreover, the criticisms and contributions made by the scholars of the principles of jurisprudence are determined. Frequently repeated approach in some research that the Hanafis first used the abrogation (al-naskh) to fulfill the contradiction between the narrations is questioned within the framework of the aforementioned scholars' viewpoints.