İSNEVÎ’NİN USÛL DÜŞÜNCESİNDE EMİR VE NEHİY

Abstract

The subject of command (emir) and prohibition (nehiy) is evaluated as one of the most important topics of usūl al-fiqh. Due to their modals, especially the meanings of command and prohibition involve many controversial issues among usūl al-fiqh scholars, particularly the matter of whether the requirement (mūjab) and command express repetition. In this regard, whether the command requires impulsiveness (fawr) or abstaining (terahi), whether a command of action/practice indicates respect or permission after being prohibited, and similarly whether the parts of command requires impulsiveness or abstaining are also among these matters in dispute. Therefore, scholars attach great importance to this subject in their works. Shāfiʿī scholar Abdurrahīm ibn al-Hasan al-Kurashī al-Isnavî, who lived in the eighth century AH/fourteenth century CE, is one of the aforementioned usūl al-fiqh scholars. This study aims to make a contribution to the literature of usūl al-fiqh in accordance with Kalami school by illuminating Isnavī’s methodology on this matter and his opinions on usūl due to the significance of this matter in usūl al-fiqh and presenting how he evaluated, the views of Shāfiʿīs in particular, along with Hanafī, Malikī scholars and other faqihs, and in what way he choosed among these views and