The Legal Value Of The Saying Of The Companions In The Sect Of Hanafite
Recep Cetintas
article (Uluslararası, Hakemli) | Yazar(lar): Recep Cetintas | Yıl: 2017 | Dergi/Kurum: HITIT UNIVERSITESI ILAHIYAT FAKULTESI DERGISI-JOURNAL OF DIVINITY FACULTY OF HITIT UNIVERSITY | İndeks: WOS.ESCI | Anahtar Kelimeler: Sect of Hanafite, Saying of the Companions, Consensus of Companions, Fatwa, Legal Value — Özet: Al
Although there are some narrations attributed to Abu Hanifa (d. 150/767) in the various sources of early period, the majority of the Hanafite scholars in the early period except Sarahsi (d. 483/1090) did not include them in their works. Only Sarahsi mentioned one of these narrations in his work al-Usul. It is understood that the other scholars were clearly under the influence of Abu al-Hasan al-Karhi (d. 340/952) in this matter. Because Karhi said that Abu Hanifa, apart from the consensus (ijma) of the companion of the Prophet, did not say any thing in this regard. For this reason, the Hanafite scholars of the early period preferred the method of determining his views on this subject by examining the fiqh solutions of Abu Hanifa by means of induction method rather than these narrations. In the end, they have came to the conclusion that the practices of Abu Hanifa are united in dealing with the consensus of companions and the saying of the companion that no one of them opposes him on the subjects can not be comprehended by the means of aql and that his exercises were different in dealing with the saying of the companion on the subjects that can be comprehended by aql. Hence, the Hanafite scholars allied that consensus of the companions and the saying of the companion on the subjects that would not be comprehended by aql would constitute a legal evidence for the mujtahids who followed them. But they have disagreed on whether the saying of the companions on subjects that can be comprehended by aql would constitute a legal evidence for the mujtahids who followed them or not. In this respect, two different views emerged, represented by Abu Saed al-Berdai (d. 317/930) and his student Abu al-Hasan al-Karhi.
Abu Saed al-Berdai adopted imitating to the saying of the Companion as absolute obligation (wajib) whether it is in matters that can be comprehended by aql (mind) or that can not be comprehended by aql. The great majority of the Hanafite scholars after Berdai adopted the same opinion. But Abu al-Hasan al-Karhi while accepting the opinion of his teacher Berdai about the saying of the companion in matters that can not be comprehended by aql he had rejected the permissssiblity to act according to the saying of the companion in matters may be known by aql. But there are almost no scholars declined Karhi's opinion about the saying of the companion in matters may be comprehended by aql except Dabusi (d. 430/1039) and Ibn al-Khumam (d. 861/1457).