Varise vasiyet yoktur hadisinin incelenmesi
The Study of the tradition (hadith) known as there is no will for inheritor (No beques to on heir)
- Tez No: 100063
- Danışmanlar: PROF. DR. M. HAYRİ KIRBAŞOĞLU
- Tez Türü: Yüksek Lisans
- Konular: Din, Religion
- Anahtar Kelimeler: Hadis, Miras, Vasiyet, İslamiyet, Hadith, Inheritance, Will, Islam
- Yıl: 2001
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Temel İslam Bilimleri Ana Bilim Dalı
- Bilim Dalı: Hadis Bilim Dalı
- Sayfa Sayısı: Belirtilmemiş.
Özet
Özet yok.
Özet (Çeviri)
SUMMARY The study of the tradition (Hadith) known as“There is no will for inheritor”[No Bcques to on Heir.] Master of Art Thesis, submitted to the insttue of social sciences of Ankara University. Presenter: Yunus Yazıcı. Supervised by Prof. Dr. M. Hayri KIRBAŞOGLU I studied the criteria for the utilisation of Hadits, one of the two sources of Islamic law, as evidence and particularly the position of the Hadith vis a vis Koran in present study. We. analysed the Hadith of“there is no will for the inheritor”as an example for these two aims. The attention was given mainly to the authenticity of the narration of the Hadith, which has been told as abrogating the Koran's verse, 2/180, commanding the“will for inheritors.”I mentioned about the understandings of inheritance and application of will (Vasiyya) in Pre-islamic period called“Arap-Cahiliyye”prior to the evaluation of the sources of narration and the uninterrupted chain of authorities on which the narration of this Hadith is based. Consequently, the uninterrupted chain of authorities on which the narration is based and the sources in which these narrations were told to have taken place were studied in their original documents. It has been found that this narration, which was transmitted as meaning“there is no will for inheritor,”was quoted with an attribution of“merfu”by 12 Sahabi (campanions of prophet) and as“Mevkuf by some Tabiin (Second generation after Prophet). As a result of text and isnad (chain of authorities) critique of this Hadith, we concluded that this narration is not Mutevatir, most of its narrators were invalidated (cerh) and exposed to critiques and as a result, it was not found that it is an Ahad report which weak in terms of epistemological value and inappropriate to abrogate the Koran. However, I found that although this narration is an ahad narration, it was regarded as an authentic, even mutevatir, and able to abrogate the Koran. The reason for this might be because of the fact that it has been so famous among public and have been practised by Islamic scholars it in their jurisdictions. Nevertheless, I tried 137to take attention to the unpleasant results which these misperceptions and wrong applications may lead. In the second part of the study, the practical consequences of this narration in Islamic Inheritance Law and the evaluation of these consequences were presented. We have seen that this narration was regarded by four doctrines of Islamic Law as authentic leading them to the judgement that there would be no will for the inheritor. As a result, it can be said that although this narration became famous among public and the Islamic scholars regarded it as authentic, it is an inadequate report (haber) in terms of both textual structure and chain of narration and is not in a position to abrogate the Koran. Therefore, it was concluded that this narration could be an ”interpreted" mufesser evidence interpreting the Koran but not abrogating it. 138
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