İslam Hukukunda vesail-makasıd ilişkisi
Özet
The thesis comprises an introduction and four main chapters. I. In thischapter the means of the concepts means (wasail) and ends (maqasid) in İslamicjurisprudence terminology, the determination ways of the means, sections ofmeans, foundations of relationship between means and ends in İslamicjurisprudence and historical development of that relationship are mentioned. II.The relationship between means and ends from the point of the hierachical,superiorty, priority and neccessitate of one the to other views. III. This chapterincludes legal rules and principles concerning the relationship between meansand goals. IV. The relationships between means and ends from the point ofchange of judical norms` view are investigated.There are the legal rules and principles concerning the relationshipbetween means and golas in İslamic jurisprudence. According to that the meansare generally viewed in the light of the ends they are expected to obtain, and it islogically the latter which prevail over the former in that the means follow theirends, not vice versa. When ends become invalid, means become invalid. If endsrealizes with or without means, the means become invalid. Means contrary toends are invalid. For this reason, behaviours contrary to the will of lawgiver, theabuse of rights and artifices contrary to the aim of religion are forbidden. Theend cannot justify the means absolutely in İslamic jurisprudence. When endconflict means, the end is preferred. Forbidden means become legitimate in thecase of neccesity.Recently, there are many researches who say the means are changeableand definite norms are in the same category. But there is no change in thenorms which the religion determined absolutely. Because the religion iscomposed of both the ends and the means determined for that ends. But, theresponsibles are charged with chosing the most suitable means in the areas thatthe religion permitted.