Cessâs’ın Halku’l-Kur’ân Meselesi Hakkındaki Görüşü ve Bunun Fıkıh Anlayışına Yansımaları
al-Jaṣṣāṣ on the Issue of Ḫalḳu'l-Qur'ān and Its Reflections on Conception of Fiqh

Summary/Abstract: This study examines the views of Abū Bakr al-Rāzī al-Jaṣṣāṣ (d. 370/981), one of the most important scholars of his time and of the Hanafī school, on the issue of ḫalḳu'l-Qur'ān and explores its implications for his conception of fiqh. The issue of ḫalḳu'l-Qur'ān is a significant topic with religious, political, and strategic dimensions. Since its emergence, it has been an intellectual concern of the ulemā, gradually evolved into an ideological activity. The concept of ḫalḳu'l-Qur'ān, which for a period functioned as the most influential intellectual instrument of the Mu‘tazila, led to their isolation with the end of the mihna era. Another aspect that renders the discussion of ḫalḳu'l-Qur'ān significant is the necessity of accepting those who defend this idea as Mu‘tazilites. Within the Mu‘tazilite paradigm, it is essential to accept that the attributes of action are contingent in order to apply the principle of justice. This is because that which is eternal is not amenable to rational scrutiny. According to them, speech is also an action-based attribute and, as such, should be subject to the rational principles established within the framework of the principle of justice. Consequently, accepting the created nature of the Word of God is tantamount to embracing the Mu‘tazilite understanding of unity and justice. Various scholarly studies have examined on the religious, political, ideological, and intellectual dimensions of the discussion on the creation of the Qur'ān; the views, arguments, and criticisms of different scholars have been explained. al-Jaṣṣāṣ's understanding on the principle of tawhid has also been examined through several issues. However, as far as we can ascertain, his thoughts on the subject of ḫalḳu'l-Qur'ān have not yet been the subject of an academic study. In addition, the study also reveals how the concept of ḫalḳu'l-Qur'ān was decisive in al-Jaṣṣāṣ's understanding of fiqh. The study, which draws on various works of kalam, fiqh, and tafsir as well as modern scientific studies, first discusses the strategic importance of the concept of ḫalḳu'l-Qur'ān. Subsequently, the criteria for determining whether a scholar accepts the concept of ḫalḳu'l-Qur'ān, that is, the decisive criteria in this matter, have been established. Within this scope, topics such as explicit statements, the nature of practical attributes, the nature and parts of speech, the adoption of the principle of justice, and the theory of the origin of languages are systematically explained in relation to the view of ḫalḳu'l-Qur'ān, and al-Jaṣṣāṣ's ideas on these topics are identified in light of the information contained in his works. al-Jaṣṣāṣ, who regarded verbal attributes as contingent, argued that speech consists of arranged letters and distinct sounds, just like the Mu'tazila, and generally adopted the Mu'tazilī concept of justice with a few exceptions. He also embraced the idea of the creation of the Qur'ān. He also accepted this as a defining principle in his understanding of knowledge and issued fatwas in accordance with the idea of ḫalḳu'l-Qur'ān in some fiqh related issues. His acceptance of the doctrine of ḫalḳu'l-Qur'ān necessitates that al-Jaṣṣāṣ be classified as a Mu‘tazilite, despite being one of the most renowned scholars of the Hanafi school. This is because this position placed him within the scope of those who affirm tawḥīd and divine justice.

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