Mustafa Şeref And Hıs Artıcle Of “Public Law Accordıng To Fukaha” (Evaluation, Simplification And Transcription) Cover Image

MUSTAFA ŞEREF VE “FUKAHÂYA GÖRE HUKÛK-I ÂMME” BAŞLIKLI MAKALESİ (Değerlendirme, Sadeleştirme ve Transkript)
Mustafa Şeref And Hıs Artıcle Of “Public Law Accordıng To Fukaha” (Evaluation, Simplification And Transcription)

Author(s): Nizamettin KARATAŞ
Subject(s): History of Law, Theology and Religion, Islam studies, Philosophy of Law
Published by: Tekirdağ Namık Kemal Üniversitesi İlahiyat Fakültesi
Keywords: law;fiqh;

Summary/Abstract: Islamic law include a peculiar originality according to other laws in terms of contents, and classification because Islamic law is based on revelation. The classical fiqh literature does not discriminate between the real and the judicial persons, it does build the system based on the duty-based, not the rights-based. In this respect, there is no distinction between public law and private law in the classical of fiqh.It has been debated why classical fiqh literature is not classified as public law since the 19th century. One of the jurists who participated in this debate is Mr. Mustafa Seref, a late scholar and statesmen.This article will briefly be mentioned about the science of fiqh and then a short article of Mr. Mustafa Şeref will be simplified and transcribed.

  • Issue Year: 3/2017
  • Issue No: 2
  • Page Range: 117-141
  • Page Count: 25
  • Language: Turkish