{"title":"卡拉曼法特瓦中的必然性原则","authors":"Mücahit Ergen","doi":"10.55709/tsbsbildirilerdergisi.406","DOIUrl":null,"url":null,"abstract":"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.","PeriodicalId":286866,"journal":{"name":"TSBS Bildiriler Dergisi","volume":"14 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Principle of Necessity in Hayreddin Karaman's Fatwas\",\"authors\":\"Mücahit Ergen\",\"doi\":\"10.55709/tsbsbildirilerdergisi.406\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"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.\",\"PeriodicalId\":286866,\"journal\":{\"name\":\"TSBS Bildiriler Dergisi\",\"volume\":\"14 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-08-15\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"TSBS Bildiriler Dergisi\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.55709/tsbsbildirilerdergisi.406\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"TSBS Bildiriler Dergisi","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.55709/tsbsbildirilerdergisi.406","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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.