Al-Fuqahāʾ al-Sab’a and the Proof Value of ‘Amal of Medinese Cover Image

Fukahâ-i Seb’a ve Amel-i Ehl-i Medine’nin Delil Değeri
Al-Fuqahāʾ al-Sab’a and the Proof Value of ‘Amal of Medinese

Author(s): Sümeyye Onuk Demirci
Subject(s): Law, Constitution, Jurisprudence, Islam studies
Published by: Anadolu İlahiyat Akademisi
Keywords: Islamic law; al-fuqahāʾ al-sab’a; ‘Amal (the judicial practice); Medina; tābiūn (successors); Imām Mālik;

Summary/Abstract: The ‘Amal of Medinese (the judicial practice/praxis of Medinese), which is ac-cepted as a binding evidence for Mālikī sect and frequently referred by Mālikī, is used to express the judicial practice and consensus (ijmāʿ) of the people of Medina on a religious issue. Imām Mālik’s compilation of the judicial practice of the people of Medina and the follow-up of a method that takes into con-sideration the judicial practice in his fatwas led to the concept rather being as-sociated with Imām Mālik. However, the ‘Amal of Medinese is also used both as a concept and method before him. This article follows the traces of the practices of Medinese in order to determine this situation in the tābiūn (suc-cessors) era. Although it is possible to determine the tradition of pointing out the common consensus and common practices of the past from the early period, it can be said that this attitude has become dominant especially during the tābiūn era. For this reason, this study subjects seven of the most promi-nent scholars of Medina in the tābiūn era, they are called as al-fuqahāʾ al-sab’a. This study also tries to point out their role in the formation, detection and transfer of the practices of Medinese by addressing their practices.

  • Issue Year: 2019
  • Issue No: 39
  • Page Range: 347-365
  • Page Count: 20
  • Language: Turkish