Hicri V-VI. asırlarda Caferi usul alimlerinin delil anlayışı

Abstract

ABSTRACT Jafari Jurists developed different concepts of "dalîl" which means source of legal rules. Consequently, they adopted varying approaches to have interpreted the way the sources (adillah) should be utilired. The prezent study focuses on one df these approaches with in the Jafarî School which was represented by the Usûlî School of methodology and was a reactionary movement against the Ahbârî School which did not allow interpre fafions by using logic, it illustrates how the Usûlî School of methodology utilired the sources by examining the examples of Shaykh Mufeed, Shareef Murtada and Shaykh Tûsî who lived during the 5Ü1 and 6ÎÖ- centuries after the Hijrah. An attempt is also made for a comparison between the Usûlî and the Sünnî consepts of "dalîl". Some differences between the Shiate-Usûlî and Sünnî scholars on various themes such as Sunnah, Ijma, listihsan, Masalih Mursalah and Urf have also been outlined, The Introductory chapter deals with the differences between Jafarî and Sünnî scholars on what the sources should be. Chapter one introduces the view points of the Jafarî and Sünnî schools on the main sourses of islamic Jurisprudence, the Qur'an, the Sunnah, ijma and Aql Charter two is about the secondary sources of islamic Jurisprudence such as istislah, Sîret, Beraat and Ihtilat from the point of both the Jafarî and Sunnî's. -108-This chapters concludes that the Jafarî methodological approach seemsto have been established by the 5Ü1 and 6ÜI centuries of Hijrah. The earlier Jafarî stand that some alterations had been made on the Qur'an unanimously abondoneded at that time. The different approaches adopted by the Shiates and the Sunnis on determining the reliasility of the hadith narrators are also comparatively discussed in this chapter. The "Aql" had also been accepted by the usûlî scholars as a source of law during the5ÎÖ- and 6Ü1 centuries. When the textual (nass) other main sources are not found Jafarî jurists use the auxilary principles such as Istislah, Siret, Beraat and İhtiyat. Jafarî jurists argue that the sources which Sünnî jurists accept as the auxilary sources are alrealy included with in the Qur'an. Consequently, they are not treated as separate sources of law 109-