卡拉曼法特瓦中的必然性原则

Mücahit Ergen
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引用次数: 0

摘要

Fiqh是一门建立在《古兰经》和《圣训》基础上的规范科学,它是我们按照自己的价值观和当时的条件生活的伊斯兰教的指南。虽然必要性有很多定义,但必要性是一种迫使一个人做或吃宗教禁止的东西的情况。在这种背景下,今天的法学家之一海雷丁·卡拉曼(Hayreddin Karaman)处于一个独特的位置,他的教令和著作涉及必需品的必要性、社会必要性和必要性原则的滥用。本文旨在揭示卡拉曼在当今条件下对伊斯兰法中必要性原则的解释所做出的贡献。在这个方向上,有人问卡拉曼是如何在他的教令中反映必然性原则的。采用文献回顾法回答这个问题,并对所得结果进行分析。本文分析了卡拉曼的acquis、他的作品、他在各种平台上发表的作品以及关于他的学术研究。Karaman对哪些情况下需要被认为是必要的以及如何在不滥用Mecelle的情况下适用相关规则有理论解释和教令。卡拉曼对伊斯兰教法做出了重要的、与时俱进的贡献,他发展了对必要性的理解,并以此为基础提出了他的伊吉哈德。卡拉曼反对那些声称法理学之门已经关闭的人,他希望在不放弃经典方法的前提下,通过发展新问题和新问题,用新法理学来统治和解决新问题和新问题。他指出,穆斯林需要必要性原则,以摆脱当今经济和社会条件在执行伊斯兰条文方面造成的瓶颈,并将必要性作为通往伊斯兰化道路上的中间解决方案。卡拉曼在运用必然性原则时区分了个人生活和社会生活。在个人的领域里,必然性以个人的基本需要得到实现为结束。另一方面,社会领域随着最低限度的社会权力的提供而消失。据他说,穆斯林必须坚强。为了不示弱,有必要利用“暂时解禁”的牌照。他根据必要性原则就许多问题发出了教令,例如是否有可能获得国家发放的住房贷款、极地地区的祈祷集会以及用酒精药物治疗的可能性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Principle of Necessity in Hayreddin Karaman's Fatwas
Fiqh, a normative science based on the Qur'an and the Sunnah, is our guide in living Islam in accordance with its own values and the conditions of the day. Although there are many definitions of necessity, necessity is a situation that compels one to do or eat something forbidden by religion. In this context, Hayreddin Karaman, one of today's jurists who contributes with his fatwas and writings on the necessity of necessities, social necessity, and the abuse of the principle of necessity, is in a unique position. This paper aims to reveal Karaman's contribution to the interpretation of the principle of necessity in Islamic law in today's conditions. In this direction, the question of how Karaman reflected the principle of necessity in his fatwas was asked. The literature review method was used to answer this question, and the findings obtained were analyzed. Karaman's acquis, his works, his writings published on various platforms, and scholarly studies about him have been analyzed. Karaman has theoretical explanations and fatwas on in which cases the needs will be considered necessary and how to apply the relevant rule of Mecelle without abuse. Karaman made an essential and up-to-date contribution to Islamic law by developing an understanding of the necessity that he based his ijtihad on. Karaman opposed those who claimed that the door of jurisprudence was closed, and he wanted to rule and resolve new issues and problems with new jurisprudence by developing new issues and problems without abandoning the classical method. He stated that Muslims need the principle of necessity to get out of the bottleneck caused by today's economic and social conditions in implementing Islamic Provisions and presented necessity as an intermediate solution on the way to Islamisation. Karaman distinguishes between individual and social life while operating the principle of necessity.  In the individual sphere, necessity ends to the extent that the individual realises his basic needs. On the other hand, the social sphere disappears with the provision of society's power in minimum conditions. According to him, a Muslim must be strong. In order not to be weak, it is necessary to make use of the licence of "temporary lifting of some prohibitions". He has given fatwas based on the principle of necessity on many issues, such as whether or not it is possible to obtain a housing loan granted by the state, the congregation of prayers in polar regions, and the possibility of treatment with alcoholic drugs.
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