The place of Fudayl Chalabi's ad-Damanat fi al-furu' al-Hanafiyyah in compensation literature Fudayl Çelebi'nin ed-Damânât fi'l-furûi'l-Hanefîyye Adli Eserinin Tazminat Literatürü I˙çerisindeki Yeri
Cumhuriyet Dental Journal, cilt.24, sa.1, ss.297-320, 2020 (Scopus, TRDizin)
- Yayın Türü: Makale / Tam Makale
- Cilt numarası: 24 Sayı: 1
- Basım Tarihi: 2020
- Doi Numarası: 10.18505/cuid.696332
- Dergi Adı: Cumhuriyet Dental Journal
- Derginin Tarandığı İndeksler: Scopus, Directory of Open Access Journals, TR DİZİN (ULAKBİM)
- Sayfa Sayıları: ss.297-320
- Anahtar Kelimeler: Islamic Law, Compensation Literature, Responsibility, Fudayl Chalabi, ad-Damanat fi al-furu al-Hanafiyyah
- Açık Arşiv Koleksiyonu: AVESİS Açık Erişim Koleksiyonu
- Kırklareli Üniversitesi Adresli: Evet
Özet
The law of responsibility (compensation), which was formed around the concept of the daman and was developed by the scholars within the system of furu' al-fiqh (substantive law) over time, constitutes one of the important parts of Islamic law. Although compensation law (daman) was not addressed as a private subject in the first period fiqh literature, it is seen that the literature on this specific area started to emerge after the early period. It is the Hanafi jurists who first brought together these issues that are scattered in the classical books of fiqh that are related to the law of responsibility. Compensation law took its classical form in the texts of the early periods and was shaped around the views of the founding imams of the Hanafi school (madhab). It has later been expanded with the fatwa and interpretations of the Sheikhs (mesaikh) of Hanafi in the type of waqi'at works. These works were a product of the need for the law to adapt to the new conditions. These issues, which are related to the com-pensation law in the Hanafi school have been covered as a special section (chapter) in the studies that are classified as waqi'at, such as Usrushani's al-Fusul fi al-muamalat (Fusul al-Usrushani), Imad al-Din al-Marginani's Fusul al-ihkam fi usul al-ahkam and Shaykh Badr al-Din's Jamial-Fusulayn. Later, the topics discussed in these works were developed and contin-ued, and ultimately separate works related to this field have been copyrighted. In this study, the kinds of development and expansion which are in the literature and related subjects will be discussed by examining the above-mentioned works. Therefore; first of all, the first exam-ples of Hanafi jurists related the compensation will be analysed comparatively. Afterwards, the place of ad-Damanat fi al-furu' al-Hanafiyyah of Fudayl Chalabi (d. 991/1583), one of the Zenbillizade's, will be addressed.