İbn Arabî'nin İslam Hukuk Teorisine Dair Bir İnceleme

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Abstract (En)

Abstract: Andalusia, where Ibn 'Arabī lived, was a region rich and fertile in scientific knowledge, but also a geography where political and sectarian turmoil abounded. In the second half of the second century of the Hijri century, the Evzāʾī madhhab began to spread in Andalusia, and from the middle of the third century of the Hijri century, the Mālikī madhhab became dominant. In the fifth century of Hijra, the Ẓāhirīs began to gain strength in the context of returning to the basic sources with the efforts of Ibn Ḥazm, which led to the emergence of a serious rivalry between the Ẓāhirīs and the Mālikīs. Although the Murābids, founded in 448/1056, continued to support the Mālikī madhhab, the Muwahhids (524/1130), who overthrew them and replaced them, accepted Ẓāhirī as the official madhhab instead of the Mālikī madhhab, and it is an important detail which madhhab Ibn 'Arabī, who lived in this period, was more influenced by. Ibn ‘Arabī is one of the scholars who made a significant contribution to the shaping of Islamic thought, especially Sufism. As a matter of fact, his idea of waḥdat al-wujūd has been the subject of many studies not only among Muslim scholars but also in the West. Although Ibn ‘Arabī is generally famous for his Sufi thought, the jurisprudential explanations in his work al-Futūḥāt al-Makkiyya are considerable. Although there have been some studies on his understanding of Islamic law, there has not been an independent and in-depth study on his Islamic legal theory. This study does not aim to present his legal thought as a whole, but only to examine and evaluate his approach to the uṣūl al-fiqh in general terms. Therefore, after briefly touching upon Ibn 'Arabī's life in the introduction of this study, the first sub-heading will focus on his theory of al-ḥukm al-sharʻī, the second sub-heading will focus on the sources and methods of law, particularly the Book, Sunnah, ijmā, and qiyas, followed by the discussion of taʻāruz and tarjīḥ, which are among the basic topics of the uṣūl al-fiqh, and finally some basic issues such as ijtihād and taqlīd, and evaluations will be made in the light of quotations from him. In this way, it will be revealed whether he had an original thought on Islamic legal theory, and the extent to which he was influenced by scholars such as Ibn Ḥazm will also be determined.

Keywords: Islamic Law, Uṣūl al-Fiqh, al-Ḥukm al-Sharʻī, Ẓāhirīs, Ibn ‘Arabī.