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Ijtihad is the mujtahid's putting forward all his efforts on a fiqh issue within the framework of methodological principles. Fatwa, on the other hand, are the explanations made regarding the questions asked in fiqh issues. Therefore, although there are similarities between fatwa and ijtihad in terms of declaring a fiqh knowledge, there are also some differences that distinguish both scientific activities from each other. Because of this difference, not every ijtihad qualifies as a fatwa that a Muslim can apply in (...) his life. A jurist who does not have the qualifications for ijtihad has to pay attention to when giving a fatwa by making use of the classical period ijtihad. The most important thing to consider when benefiting from the ijtihads that have been put forward is to correctly distinguish between the ijtihads that are historical and those that will always be used. In the fiqh books, there are many issues that can be described as historical ijtihad, in the context of their own time and conditions. Since it is not possible to present all such ijtihads within the framework of an article, in this study, the subject is discussed within the framework of ijtihads selected from fiqh books. From international relations to family law, there are many historically qualified ijtihads in the fields of fiqh, especially in the field of transactions. Today, international relations are quite different. It is of great importance to redefine the world and present fiqh rules accordingly. In the changing social structure, a new perspective is needed in the determination of the muruet. In the process of women's social position and participation in social life, great changes have been experienced all over the world and women have started to take part in many areas of life. In terms of the minimum age limit for marriage, it has become natural to marry at an older age than in the past. It has become almost impossible to act with the approach that those who have the same belief will obtain citizenship without other terms and conditions. It has become necessary to consider the views of jurists regarding the rights of non-Muslim citizens from a new perspective in the globalizing world structure. The implementation of views that give authority to private property owners regarding mineral ownership may be harmful to the security of the state and the public interest. There has been a need to look again at the legal provisions regarding the treasures under the ground in terms of public interest. In the article, it is stated why the ijtihads on the aforementioned issues have a historical character and in which framework the issue should be handled today. (shrink)

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Kişinin bazı yükümlülükleri uhdesinde barındırması için akıllı olması şarttır. Bu durum hem dinî hem de beşerî sistemlerde aynı şekildedir. Bu bağlamda Kur’an’da aklı kullanmaya vurgu yapan birçok ayet vardır. Her bir ayetin anlatmak istediği aklın nasıl kullanılacağına dair bir hakikat mevcuttur. Bu hakikatin ortaya çıkarılması ise ehil olan kişilerin izahlarıyla mümkün olacaktır. Öte yandan bu ayetlerin bağlamıyla birlikte değerlendirilmesi doğru bir anlamın ortaya çıkmasında önemli bir etkendir. Nitekim aynı ifadeler birçok ayette tekrar edilmesine rağmen her birinde farklı bir konuya temas (...) edilmektedir. Mesele aklî çerçevede Kur’an’ın ele alınmasıyla ilgili olduğu için konuyu dirayet tefsiri ekseninde değerlendirmek daha doğru olacaktır. O nedenle bu çalışmamızda aklî çıkarımlara çok fazla başvurulan Te’vîlâtü’l-Kur’ân ve Tefsîru’l-Menâr isimli iki tefsir bağlamında konunun değerlendirilmesi yapılacaktır. Yaşadıkları zaman dilimi birbirinden çok uzak olmasına rağmen her ki tefsirdeki müelliflerin meseleye bakışları arasında benzerliklerin çok olduğu görülmüştür. O nedenle ayetlerin verdiği mesajların farklı zamanlarda nasıl anlaşıldığı, ne gibi anlayış farklılıklarının oluştuğu, ortak noktaların neler olduğu bu çalışmada ortaya konmaya çalışılacaktır. (shrink)

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This work of ours is about the servant's display of behavior such as ruminating while fulfilling his responsibility to Allah. Since the verse related to our subject is in the Surah Hucurat, an evaluation will be made within the framework of this verse. During this evaluation, verses with similar characteristics that we think may be relevant will also be included. In addition, it will not only touch on the historical dimension of the issue, but also draw attention to what kind (...) of attitudes are exhibited today. Indeed, such behavior It continues in the same way in later periods as it did in the period of the Prophet. The person sent to the world for a test is responsible for fulfilling some obligations in this context. This is not a choice but a necessity. This is because man's being rewarded in the hereafter and living a more peaceful life in this world depend on this. Therefore, it is in his favor to fulfill his duty of servitude. For this reason, it is not morally correct to try to make others feel grateful for the behavior he fulfilled in accordance with the divine command. Because Allah is never in need of a servant's worship. There will always be people who will serve Him. It is the human being that is in need. Since everything he owns is at Allah's discretion, he needs Allah's help and support throughout his life, and even more so in the hereafter. The main goal of our study is to reveal opinions about how people should behave while fulfilling their servitude responsibility. In this context, the position of the creator and the issue of where the servant should stand against it will be explained. While the creator is at the highest position, man is only one of the things that he created. Of course, being given responsibility, unlike other beings, has increased the value of man in the sight of Allah. But this value is valid as long as he fulfills his servitude responsibility. Otherwise, he will descend to a lower level than all creatures. No matter how valuable a person is, he has to be aware of how helpless he is in front of his creator and that he is always in need of him. If he is not aware of this, the worship and good behavior he will perform will have no value in the sight of Allah. Because he could not behave in the way He wanted against the being he was responsible for. If he does this on purpose, of course, the price will be higher. The belief part of the issue is of greater importance. As a matter of fact, a person who appreciates Allah properly and knows His power well will need to determine his attitudes accordingly. In this context, knowing what the attributes of Allah mean and what the dimensions of these attributes are reflected in the servants will make the subject more understandable. Because the way to know Allah is to know His attributes. Another relevant issue is to show the necessary respect to the messengers sent by Allah, both in their lives and in the context of the knowledge they left behind. In this context, it will be necessary in our opinion to act with the knowledge that the hadiths that have reached us authentically are interpretations of the Qur'an. Because they are not people acting on their own, but chosen people who fulfill their duties according to Allah's orders. Therefore, disrespect to them will be considered as disrespect to God. It is seen that the Bedouins acted unconsciously on this issue that we are focusing on. These people who are new Muslims or claim to be Muslims. They had an extreme attitude towards the Prophet. This event did not occur once, but several times in similar ways. As we have just mentioned, their behavior will actually be considered disrespectful to Allah. It is known that they act with purely worldly motives. Because, instead of receiving good news, prayer and advice for the hereafter, they have revealed that they are after worldly interests in material terms. Verses on the subject have been revealed to set an example for people who will follow this attitude and show the same behavior in the future. In response to their behavior. It is admirable that the Prophet kept his calm and behaved tolerantly instead of responding to them in kind. Muslims living in later periods will also need to be more careful not to be exposed to the warning in the verse. (shrink)

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