Prof. Dr. Halil İbrahim ACAR\ Prof Dr. Ali KAYA\ Yard. Doç. Dr. M. Salih Kumaş\ Yard. Doç. Dr. Eren Gündüz
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Contactinformation of the Course Coordinator:
cicirecep@hotmail.com U.Ü. İlahiyat Fakültesi
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Website:
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Objective of the Course:
Informing students about the sources of Islamic law (adilla shar‘iyya) and legal norm (sharia hukm) and deriving legal norms from the sources (istinbat)
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Contribution of the Course to Professional Development
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Learning Outcomes:
1
To understand characteristic of the method of islamic law and its functions comparing to islamic law;
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To learn basic terms of the method of islamic law and its development in historical process;
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To learn basic literature of the methodology of islamic law;
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To explain fundemental and secondary sources of judgement of the method of islamic law;
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To understand the methods to derive judgement from the method of islamic law;
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To compare the methods of “Hanefi” and “Mütekellimin” with the perspective of general systematic in the method of islamic law;
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To understand importance of Arab language and logic in the method of islamic law;
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To get knowledge about making solutions to current islamic law problems from point of datas of the method of islamic law;
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To learn the “Shari”s aim (makasıdü'ş-Şârî);
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To understand islamic epistemology from the point of the datas of the science of the method of islamic law;
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Course Content:
Week
Theoretical
Practical
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Definition of provision
Al-Hukm at-Taklîfî: Supposition (farz), obligatory (wâjib) and recommended (mendûb)
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Prohibited (haram), repugnant (mekruh) and permissible (mubah).
Al-Azîma wa'l-rukhsa
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Vazî provision
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Hâkim, theory of husn-kubh, mahkûm fîh and
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Mahkûm aleyh
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Deriving legal norms from the sources (Istinbat Methods)
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Orders and prohibitions
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Âmm and homonymic (müştarak)
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Words used in terms of meaning
Words in terms of form clarity of meaning
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Words in terms of form cryptically of meaning
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Words in terms of form dalala of meaning
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Juggement's aims
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Conflict of evidence and nesh
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Ijtihad and taqlid
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Textbooks, References and/or Other Materials:
1. Zekiyyüddin Şaban, İslam Hukuk İlminin Esasları (çev. İbrahim Kafi Dönmez), Ankara 2005 2. H. Yunus Apaydın, İslam Hukuk Usulü, Kayseri 2017. 3. Muhsin Koçak, Nihat Dalgın, Osman Şahin, Fıkıh Usulü, İstanbul 2013. Muhammed Ebû Zehra, Usûlü’l-Fıkh, İstanbul 1974. 4. Muhammed Hudari Bey, Usûlü’l-Fıkh, Mısır 1969. 5. Abdülvehhab Hallaf, İlmu Usûli’l-Fıkh, Kuveyt 1968. 6. Abdülkerim Zeydan, el-Vecîz fî usûli’l-fıkh, Bağdat 1985.
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Assesment
TERM LEARNING ACTIVITIES
NUMBER
PERCENT
Midterm Exam
1
40
Quiz
0
0
Homeworks, Performances
0
0
Final Exam
1
60
Total
2
100
Contribution of Term (Year) Learning Activities to Success Grade
40
Contribution of Final Exam to Success Grade
60
Total
100
Measurement and Evaluation Techniques Used in the Course
Information
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ECTS / WORK LOAD TABLE
Activites
NUMBER
TIME [Hour]
Total WorkLoad [Hour]
Theoretical
14
2
28
Practicals/Labs
0
0
0
Self Study and Preparation
6
4
24
Homeworks, Performances
0
0
0
Projects
0
0
0
Field Studies
0
0
0
Midtermexams
1
1
1
Others
0
0
0
Final Exams
1
1
1
Total WorkLoad
54
Total workload/ 30 hr
1,8
ECTS Credit of the Course
2
26
CONTRIBUTION OF LEARNING OUTCOMES TO PROGRAMME QUALIFICATIONS