TALFIQ AND ITS PROVISION

Abstract

Author(s): Mehmet Ali SEZER

Islamic Law has a dynamic structure. For this, it has produced solutions for the issues of all periods. This process was carried out with activities of ijtihad (precedent). While ijtihad, which was frequently used in the initial periods, weakened in time and was replaced with taqlid (imitation)later. In the taqlid period, one of the methods for solving issues is talfiq (compilation). In its broad defi nition, talfiq refers to collect and utilized the opinions of different mujtahids (performers of ijtihad) or sects on an issue. Talfiq, which is an ijtihad-based issue in Islamic Law, has been discussed by scholars in terms of procedural debates. While there are those among Islamic scholars who accept talfiq without any reservations, most argue that this method may only be legitimate under certain conditions. These conditions include not opposing ijmah (consensus [on religious affairs]) and not disabling the principles and objectives of shariah or judicial decisions. Those who oppose this concept have some hesitations. These include the efforts of the relevant person to turn talfiq into a tool for achieving provisions that create less liability. Although there are different views on it, talfiq has been a method that is occasionally utilized in solving problem

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