Exception of Exception in İslamic Law Cover Image

İslam Hukûkunda İstisnânın İstisnâsı
Exception of Exception in İslamic Law

Author(s): Şükrü Şirin
Subject(s): Islam studies, Philology, Sharia Law
Published by: Atatürk Üniversitesi İlahiyat Fakültesi
Keywords: Fiqh; Arabic; Exception; Chained Exceptions; Exception of Exception;

Summary/Abstract: The fact that the sources of Islam, particularly the Quran, are mostly in Arabic has led to a considerable interest in grammar by the fiqh method, which aims to make judgements from the main sources of Islam. The subject of exception, which is among many subjects related to the words, has found a rightful place, and has become a centre of attention for both linguists and fiqh scholars. The subject of exception has been included as a topic in many works, and there have also been separate works written on this subject. The subject of exception of exception, however, has emerged as a specific subject that has been discussed extensively, and hardly any consensus has been achieved about it. This subject, which has no parallel in the Quran and Sunnah, is widely used as a hypothetical fiqh material, has been a part of the vicious circle of fürû (substantive fiqh) examples and has remained inconclusive. The dispute between the language schools and fiqh sects has also been the scene of dispute within the school and the sect. Even those who see the exception of exception as possible in terms of language, apart from the categorical difference, have not been able to show an evidence and a field of use in the field of numbers.

  • Issue Year: 2020
  • Issue No: 54
  • Page Range: 279-302
  • Page Count: 24
  • Language: Turkish