Pezdevî ve Semerkandî Örnekleri Üzerinden Hanefi İcmâ Teorisine Dair Bir İnceleme An Analysis on the Ḥanafī Ijmāʻ Theory Through the Examples of al-Bazdawī and al-Samarqandī

Ijmāʻ, which is in the third place in terms of dignity among the sources of fiqh, is evaluated in the first place in the order of strength. In this study, the theory of ijmāʻ in Ḥanafī legal theory (uṣūl al-fiqh) has been examined within the framework of the ijmāʻ understanding of Abu'l-Usr al-Bazdawī and Alāʾ al-Dīn al-Samarqandī, who have a significant position in terms of Ḥanafī uṣūl al-fiqh with their books and criticism. It can be accepted that al-Bazdawī, who is seen as a turning point in the uṣūl literature with his systematic method, is a straightforward way to transfer the knowledge he inherited. The fact that al-Bazdawī is the only Ḥanafī author known to accept the abrogation (naskh) of ijmāʻ with ijmāʻ in uṣūl al-fiqh becomes even more critical - considering the feature mentioned above - in what kind of theoretical framework he placed ijmāʻ. On the other hand, in the introduction of his work Mīzān al-uṣūl fī natāʼij al-ʻuqūl, al-Samarqandī evaluates the previous uṣūl literature in two groups. The first group knows al-aṣl and al-fer’; they are the works of authors who have advanced in religious and rational disciplines. This method of writing, pioneered by Abū Manṣūr al-Māturīdī, was abandoned due to its difficulty. The other is the works of scholars whose views resembled those of the dissidents over time due to their lack of rational judgments (qaḍāyāʻ al-maʻqūl), although they are skilled in deducing judgments from the verses. This method of writing has become quite common. Al-Samarqandī explains his attempt to write a book without making this mistake. His attempt did not have the expected repercussions from his claim, but his criticism of the tradition represented by al-Bazdawī is important, and for this reason, it has been included in the scope of this study. The primary purpose of this study is to reveal the contributions of al-Bazdawī and al-Samarqandī; one has become the symbol of the tradition, and the other criticized the tradition in some aspects, and how ijmāʻ is grounded in the Ḥanafī uṣūl al-fiqh in general. In the study, first of all, the ijmāʻ sections of both authors’ books were examined, and then the previous uṣūl al-fiqh literature was reviewed. Since al-Bazdawī’s text is short and concise, the commentators’ explanations were kept in mind during the review process. Although al-Samarqandī’s text is detailed, it has been evaluated by three copies, one of which is a manuscript, because it is not as systematic as al-Bazdawī and there are differences or errors in the publications. Thus, the contributions of the authors to the literature have become more understandable. Besides their fundamental differences, the points where they differ in the conceptual and theoretical structure are also mentioned. In addition, the original aspects of the authors were tried to be analyzed and explained. As a result of the study, the foundations of the ijmāʻ theory in the Ḥanafīs legal theory were revealed. While the theory of al-Karāmah constitutes the backbone of the ijmāʻ narrative, the evidence of occurrence (wuqūʻ) is among the main arguments against ijmāʻ criticisms. Moreover, it has been seen that there are fundamental divergences between al-Karkhī and al-Jaṣṣāṣʼ, and these two veins are inherited by al-Bazdawī and al-Sarakhsī at some points. An important result of this separation is to find out that the contemporary claim, possibly since they both were students of Shams al-Aimmah al-Ḥalwānī, al-Bazdawī’s work is a summary of al-Sarakhsī’s work, is not correct. In this study, the commentators’ explanations on al-Bazdawī’s view of naskh of ijmāʻ were evaluated, and different possibilities were emphasized; also, the difference created by the theological view of al-Samarqandī was questioned.
* This study is extracted from the master thesis entitled "Ḥanafī Ijmāʻ Theory Through the Examples of al-Bazdawī and al-Samarqandī" supervised  by  Prof. Dr. Kâşif Hamdi Okur (Çorum: Hitit University, Master’s Thesis, 2018)