Hanefi ve malikilere göre mesalih-i mürsele ve ıstıslah

Abstract

I SUMMARY The islamic Law sheds on `the rules wich enable the human offairs to realize whith the sources that it accepts reasonable» Inthe period of mr prophet The Quran and the practices and rules drived from the probhet's own habits and words were enougle as sourceof law The change of times and period: and as areeult the xnoreose in events and inoreosing compleety ooused other souroes of law® to come into practice,, ?Hie Qwa% the practices and rules of the prophet 9 -the agrement and syllogism were aooepteol as main sources among Islamio Scholars take into ? consideratron becouee take into two main souroes essentiol for the realizot- 'ron of the proper oourcas in human lifa The tslamio rales should be attri buted to some couses and proofs to be useful» Asthis connection can be obio- tts or secret» it can also be associoted with general principles that were accept edTas a'reiult of the study of religious versen? ât the some time this relotion should be in accordance with religion essentials» îrom this point of vrew what the human profits are and features they have should be known very well İt is of great importance to eevoluoie the sitnations darived from the rapid ohnges in life and to judge the issues not openly associated with canon four with proofs and it is also import ead t ogive then sw&ev shape that Islam accepts o TQdo so the method for public interest (The E-evalu- ation of the subjeects had nod no discussion) should be âppliool propely understood very well and should be applied properly* Shis method has been used mostly by the maliks and they determined the condition essential for tSe alucidotion ofthe rules « Aethough the hanefis gave this methot aplace in their Judicial System^ they rarely referred to it»