Cessas'ın icma anlayışı

Abstract

The thesis which based on Cessas's book namely "el-Fusul fi'l Usui", consists of three parts. The first part is named as The Life and Works of Cessas. This part informs the reader of Cessas's teachers, students, sect 'Hanefi' and his position and importance in the area of The Law of Islam. Also, this part is significant in order to be known the areas that Cessas works and comparison of his works with the others in the same period. The second part is named as The Proof of Existence of Jima.In this part, it is examined that Cessas put forward that jima is based on The Book (Quran) and The Hadis. The third part is named as The Formation of Jima. This part includes the necessary circumstances which provide that jima is formed and the factors that affect and do not affect the formation of jima. Although the opinions in the thesis are Cessas-centered, about the presented topic, it is also given place to the opinions of sects or scientists. The thesis puts forward that Cessas observed jima under ideal circumstances. Cessas observed the concept of jima with taking into account both Mohammad's community and scholars together. Furhermore, Cessas did not care about the sects, that have suspicious opinions about jima, such as Rafizi, Harici, Zahiri. According to Cessas who proved jima that based on verses of the Quran, jima only belongs to Mohammad's community and these verses confirm this situation, as well. Cessas claimed that any jima, which was formed in any period, was an evidence and this evidence would remain forever even if anybody opposed it.