Klasik Fıkıh Usûlü Eserlerinde Mebâdî Konularının GelişimiYakup Dalmızrak
Fıkıh usûlü aklî ve naklî ilimlerden ilkeler edinmiştir. İlke edindiği ilimler arasında kelâm, Arap dili, fıkıh ve mantık ilimleri başta gelmektedir. Usûlün dayandığı ilimlerin neler olduğunu ifade etmek üzere ilk defa İmâmü’l Harameyn el-Cüveynî (ö. 478/1085) tarafından “fıkıh usûlünün maddi temellerini oluşturan ilimler” anlamında mevâdd kavramı kullanılmıştır. Bu kavram sonraki asırlarda yerini aslında bir mantık terimi olan mebâdî kavramına bırakmıştır. Usûl eserlerinde kelâmî kavramlara yer verenler aynı zamanda kelâmcı usûlcülerdir. Bu kavramları usûl kitaplarına taşımak, usûlü kelâm ilminin bir fer‘i olarak kabul etme düşüncesinden neşet etmektedir. Fakîh usûlcüler ise kelâm meselelerini usûl eserlerine taşıma konusunda mesafeli durmakla beraber yeri geldiğinde konu hakkındaki düşüncelerini ifade etmekten geri durmamışlardır. Özellikle hüsün-kubuh gibi akıl-şeriat ilişkisini ifade eden konulara hemen hemen bütün eserlerde yer verildiği görülmektedir. Nihayet fakîh usûlcülerden Âlâeddîn es-Semerkandî (ö. 539/1144), usûlde kelâmî meselelere yer vermeyi bir zorunluluk olarak telakki etmiş ve fukahâ yazım geleneğinde bir dönüşüm başlatmayı amaçlamıştır. Bu makale, mütekellimûn, fukahâ ve memzûc yazım geleneğine sahip temsil kabiliyeti yüksek bazı eserleri merkeze alarak mebâdî konularının seyrini incelemeyi hedeflemektedir. Kelâmcı müelliflerin yer verdiği kavram ve meselelerin neler olduğu, fakîh usûlcülerin işlediği kelâmî konuları hangi bağlamda ele aldıkları ve son olarak iki geleneği birleştirmeyi hedefleyen memzûc yöntemle kaleme alınmış eserlerin tercihlerini mukayeseli olarak saptamak bu araştırmanın temel konusu olmaktadır. Kelâm ilminin yanı sıra diğer ilimlerle alakalı mebâdî hakkındaki usûlcülerin tercihlerine de yer verilmiştir.
The Development of Mabādī Subjects in the Classical Books on Uṣūl al-FiqhYakup Dalmızrak
The methodology of Islamic law (uṣūl al-fiqh) procures the principles from the rational and revealed sciences. Kalām, the Arabic language, fiqh, and logic are among the sciences whose principles Islamic jurisprudence has adopted. The concept of mawādd was first used by Imām al-Ḥaramayn alJuwaynī (d. 478/1085) to mean the sciences that establish the fundamentals of uṣūl al-fiqh and to express the sciences from which the methodology drew. In the following centuries, this concept was replaced by the concept of mabādī [rudiments], which is a term from logic. Those who include theological concepts in their works on Islamic Jurisprudence are also theologians (mutakallimūn). Transferring these concepts into books on methodology had arisen from the idea of accepting methodology as a branch of theology. The jurists, on the other hand, kept their distance from transferring the issues of kalām to works on methodology but did not hesitate to express their thoughts on the subject when appropriate. The subjects expressing the relationship between reason and text, such as ḥusun and qubuh [good and evil], are seen to be included in almost all works. After some time, one of the scholars, ‘Ala’ ad-Dīn Al-Samarqandī (d. 539/1144), felt the need to include theological issues in the works on jurisprudence and aimed to initiate a transformation in the tradition of writing for the fuqahā’ [Islamic jurists]. This article aims to examine the course of mabādī issues by focusing on some works with high representational ability regarding the traditions of mutakallimūn, fuqahā’, and mamzūj [mixed] writing. The main subject of this research is to examine the concepts and issues theologian authors included, to examine the context in which the jurists dealt with the theological issues, and finally to determine the preferences of the works written using the mamzūj method, which aims to combine the two traditions. In addition to the science of kalām, this study also includes scholars’ preferences regarding mabādī in relation to the other sciences.
Islamic jurisprudence (uṣūl al-fiqh) procured its principles from the rational (aqlı̄) and revealed (naqlı̄) sciences. The sciences of kalām, the Arabic language, fiqh, and logic are among the leading ones from which Islamic jurisprudence adopted its principles. Some time had passed before these principles took on a systematic form in uṣūl al-fiqh works. Although the subject of mabādı̄ had not become prominent in methodology works until the second half of the 4th century AH/10th century CE, some works can be seen to have established a connection between uṣūl al-fiqḥ and sciences such as theology and fiqh, with works such as Abū Bakr al-Khaffāf’s (fl. Early 4th/11th century) al-Aqsām wa-l-khiṣāl and Abū Bakr al-Bāqillānı̄’s (d. 403/1013) at-Taqrı̄b wa-l-irshād being examples of these. In the next century, however, Imām al-Ḥaramayn al-Juwaynı̄ (d. 478/1085) gathered the topics discussed in those works under the concept of mawādd, which he used to mean the sciences that form the material foundations of uṣūl al-fiqh. He was the first to mention kalām, the Arabic language, and the rules of fiqh within the scope of this concept he used. Juwaynı̄ emphasized that, before starting a science, importance is had in knowing from what kind of sources this science benefits. The fact that uṣūl al-fiqh benefits the science of kalām is because kalām is seen as a source of legitimacy for all Islamic sciences. At the same time, the correctness of al-dalīl al-shar‘ī [proofs of the Sharī‘a], which is what this method deals with, can be shown by proving divinity and prophecy, which are subjects of the science of kalām.
The Arabic language, on the other hand, has vital importance in understanding verses and hadiths as naṣṣ [a known, clear legal injunction], as Arabic is the original language of the Qur’an and hadiths, which are the main sources of uṣūl al-fiqh. Among the language methods for proofs are subjects such as the truth and metaphor of a word, openness and ambiguity, and the signification of a word to its meaning. Uṣūl al-fiqh also benefits from furū‘ fiqh. This is because the Islamic jurist needs the imagination of judgements and examples when proving and disproving judgements. With al-Ghazālī, the science of logic was also included among these source sciences. He included an introduction to logic in his renowned work, al-Mustaṣfā. Al-Ghazālī’s main concern was that no one would trust the knowledge of those who did not know logic. This attitude of his was highly respected among scholars. In the next centuries, the concept of mawādd [matters] was replaced by the concept of mabādı̄ [rudiments], which is a logical term. The concept of mabādı̄ was defined by Sayf al-Dīn al-Āmidī (d. 631/1233) as the concepts (taṣawwurāt) and the assertions (taṣdiqāt) that are assumed to be true, upon which the issues of a science depend, and whose reality has not been proven in that science.
Transferring these concepts into books on methodology had arisen from the idea of accepting methodology as a branch of theology. However, mutakallimūn scholars also were found who did not view uṣūl al-fiqh as an accessory of theology (kalām) and thus opposed it, with Mu‘tazilah scholar Abū Husayn al-Basrı̄ (d. 436/1044) and Ḥanbalı̄ scholar Abū al-Wafā Ibn ʻAqīl (d. 513/1119) being at the head of this group. On the other hand, fiqh scholars kept a distance from carrying the issues of kalām to their works but did not hesitate to express their opinions on the subject when appropriate. The subjects expressing the relationship between reason and text, such as ḥusun and qubuh [good and evil], are seen to be included in almost all works However, they obviously did not have the same concerns as the mutakallimūn scholars. On the other hand, one of the jurists, ‘Ala’ al-Dīn Al-Samarqandī (d. 539/1144), felt the need to include theological issues in the methodology and aimed to initiate a transformation in the tradition of jurist writing. His attitude can be said to have been received relatively favorably among the later Ḥanafi scholars. This attitude became apparent, especially with Ḥanafı̄ scholars such as Muẓaffar al-Dīn Ibn al-Sā‘ātī (d. 694/1295), Mullā Fanārı̄ (d. 834/1431), and Ibn al-Humām (d. 861/1457), who wrote works using the mamzouj [comparative] method. Sayf al-Dīn al-Āmidī’s classification of the mabādī in his introduction on kalām, language and fiqh also influenced the systematics of the works of the three Ḥanafı̄ authors mentioned above. The difference these works have from Āmidī’s was that they frequently use examples of furū‘ [elaborations], which is a feature of the fuqahā’ [Islamic jurists’] method. While Mullā Fanārī examined concepts related to logic under the title he called kalāmı̄ mabādı̄[essentials of kalām], Ibn al-Humām criticized this attitude and argued the mabādı̄ that uṣūl takes from kalām to be limited to issues such as ḥusun and qubuḥ in relation to the judge (qadi). This article aims to examine the course of mabādī issues by focusing on some works with high representational ability regarding the traditions of mutakallimūn, fuqahā’, and mamzūj [mixed] writing The main subject of this research is to examine the concepts and issues theologian authors included, to examine the context in which the jurists dealt with the theological issues, and finally to determine the preferences of the works written using the mamzūj method, which aims to combine the two traditions. In addition to the science of kalām, this study also includes scholars’ preferences regarding mabādī in relation to the other sciences.