THE INDUCTION IN THE HANAFI SECT: AN EVALUATION IN THE CONTEXT OF THE FORMATION OF THE LEGAL THEORY AND THE ESTABLISHMENT OF THE GENERAL LEGAL PRINCIPLES

Abstract

Author(s): Abdurrahman HAKALI? Tayip NACAR*

The Hanafi legal theory (usûl al-fiqh) was formed in the fourth Hijri century in parallel with the institutionalization of the sect after the death of the founding imams. Especially the third and fourth Hijri century lawyers (fuqahâ) have made significant contributions to this process. As a result of their inductive investigations on the sources of law and the accumulation of sects, these jurists ensured the elaboration of the Islamic legal theory (Usûl al-fiqh) in terms of subject, principle, and style. The attainment of mature forms of general legal principles, which is the symbol of the legal understanding of the sect, was also determined as a result of inductive activities applied by jurists on particular provisions. In the present study, the role of induction in the formation of the methodology of sect and the establishment of the general legal principles will be examined in general terms. Besides, an evaluation will be made on the induction-centered principle of law in the Hanafi sect. It is our hope that our study will contribute to the answers to the questions about the role of induction in the Hanafi sec

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