An Analysis On Bukhari's (D. 256/870) Fıqhi and Usuli Identity:Specific To Ijma and Qıyas (Comparison)

Abstract

Abstract Bukhari, regarded fiqhu'l-hadith defender in third Hijri and best ahlu’l-hadith representative, is distinguished scholar having “faqih” identity just as “muhaddis” identity. Almost period’s scholars when he lived emphasized seriously on Bukhari’s fiqh identity. Nonetheless, Bukhari's work “al-Camiu's-Sahih”, most reliable book after Qur'an, shows us he has unique istinbat’s methodology. Thus, it is said “Bukhari's fiqh is in chapters”. In study, aim is to determine Bukhari’s methodologcal identity in terms of ijmâ and qiyas from edul-i-shar’iyye. Because Bukhari uses different legal language by using concept “luzûmü'l-cemâat” instead ijma concept used in established method and interpreting with “ahlü'l-ilm” concept. In addition, “Does Bukhari accept qiyas as evidence or does he reject qiyas validity?” an answer to question sought, it is seen he acts within framework of a method accepting evidence dependant on place and rejects it dependant on place. In study, it will be tried to analyze Bukhari’s methodological views on ijmâ issues, Madina’s ijma people, sükûtî ijma and qiyas substantiveness, taking into account Bukhari commentators’ comments and trying to reveal fıqhı/usuli identity.