An Evaluation on the Evidential Value of Pre-Islamic Divine Laws (Sharia Man Qablana) in Shafii Sect

Aslan M. S.

CUMHURIYET ILAHIYAT DERGISI-CUMHURIYET THEOLOGY JOURNAL, vol.22, no.2, pp.1035-1057, 2018 (ESCI) identifier identifier


Carrying out analyses performed on the provisions of "Pre-Islamic Divine Laws", which is described as the religious provisions introduced by the prophets before Prophet Muhammad is one of the questions of debate in Shafii Sect. The reason laying out of this controversy is based on the question, whether the provisions enunciated via the prophets before the Prophet Muhammad are recognized within the legal aspect, or not. On the other hand, there is no controversy between the procedural, on non-binding for Muslims, about of the previous divine communiques, which are not mentioned in the Qur'an or the sunnah, and previous divine messages with evidence that they were abolished despite their presence in these two sources. In the same way, there is no debate about the fact that the provisions of the previous divine religions that were in force for Muslims, such as fasting, also remained in force for Muslims. In this case, with taking part in the Qur'an or the sunnah, the provisions that there is no evidence about whether they abolished or not, it is debated that they are for Muslims binding or not. In this study, our objective is to carry out analyses and researches on the methodological conceptions of Imam Shafii and Shafii lawmen with regards to Pre-Islamic Divine Laws, which have no evidence for being retained in force or being abolished for Muslims despite being mentioned in the Qur'an or the sunnah, as well as on the level of theoretical conceptions of these scribes being put into practice within the scope of fiqh examples.