SERAHSÎ’NİN EL-MEBSÛT ADLI ESERİ ÇERÇEVESİNDE HANEFÎ FIKIH DÜŞÜNCESİNDE TAKDİRÎ HÜKÜM OLGUSU
THE FACT OF RECOGNITIVE JUDGEMENT IN HANAFI JURIDICIAL THOUGHT IN ACCORDANCE WITH SARAKHSI’S AL-MABSUT

Summary/Abstract: In process of judging Islamic Jurists not only considered the objective cases in the outer world but also organizated some rules that are opposite to the objective cases aiming to set up ideal juridicial norms on the base of justice and equity. “Recognitive judgement” is in fact considering the existing case as if it doesn't exist or considering the unexisting case as if it exists. In this article we will examine the reasons and application areas of recognitive judgement within the Hanafi juridicial thought in accordance with Sarakhsi‟s al-Mabsut.

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