%0 Journal Article
%T The Use of Jadal in the Science of Fiqh in the Context of Objection Between al-Qud¨±r¨© and Ab¨± al-£¿ayyib al-£¿abar¨©
%A Ahmet Numan ¨¹NVER
%J -
%D 2019
%X From an early period on, debates over matters of Islamic Jurisprudence (Fiqh) were performed in accordance with a certain methodology. In fact, when performing these debates, certain types of questions and answers were selected, and the questions were arranged carefully, all in accordance with this methodology. This enabled parties involved to demonstrate both validities of their own, and invalidity of their opponents, in their arguments without running into contradiction. The present work deals with first the science of Jadal and its application to Islamic Jurisprudence and then analyzes a debate over divorce narrated to be taken place between two prominent scholars well-known for their abilities to perform debate well, namely, the £¿anaf¨©te scholar Qud¨±r¨© and the Sh¨¡fi£¿ite scholar Ab¨± al-£¿ayyib al-£¿abar¨©. This debate includes both the ways in which both scholars deduce their legal opinions and objections one has over the other¡¯s opinion. Qud¨±r¨© argues that a woman divorced by way of mukh¨¡la£¿a can be subject to rij£¿¨© divorce during her £¿idda while £¿abar¨© argues that a divorce in such a case would be invalid. At the core of this debate lies the fact that Qud¨±r¨© syllogizes woman divorced by way of mukh¨¡la£¿a to one who is divorced by way of rij£¿¨© divorce. £¿abar¨© makes use of such ways of questioning as mu£¿¨¡laba, i£¿tir¨¡£¿, and mu£¿¨¡ra£¿a while Qud¨±r¨© tries to establish the validity of the £¿illa of the two cases that he comes up with. When examining this debate, which is important also thanks to the references it makes here and there to the rules of debate, the present work shows how the information provided in the section on the application of Jadal to Islamic Jurisprudence was put into practice
%K £¿slam Hukuku
%K M¨¹nazara
%K Cedel
%K £¿tiraz
%K Muhalea
%K Talak
%U http://dergipark.org.tr/sakaifd/issue/45736/544198